ACTS AND RESOLUTIONS OF THE
SECOND SESSION OF THE 154TH
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2018
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume One

COMPILER'S NOTE
General Acts and Resolutions of the 2018 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 2017-2018 and the Appropriations Act for FY 2018-2019 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, 2017, and May 1, 2018, are printed in Volume Two beginning at pages 4247 and 4265, respectively.
There are no numbered pages between page 1141, 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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 2018
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Supplementary Appropriations Act for FY 2017-2018. . . . . . . . . . . . . . . . . . Appendix General Appropriations Act for FY 2018-2019.. . . . . . . . . . . . . . . . . . . . . . . Appendix
VOLUME TWO
Acts and Resolutions of Local Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3501 County and Consolidated Government Home Rule Actions. . . . . . . . . . . . . . . . . . 4247 Municipal Home Rule Actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4265
VOLUME THREE
Acts by Numbers-Page References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A Bills and Resolutions-Act Number References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A Index-Tabular.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7A Index-General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29A Population of Georgia Counties-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . 73A Population of Georgia Counties-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77A Population of Cities-Alphabetically.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82A Population of Cities-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90A Population of Judicial Circuits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98A Georgia Senate Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 103A Georgia Senators, Numerically by District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105A Georgia House Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 109A Georgia Representatives, Numerically by District.. . . . . . . . . . . . . . . . . . . . . . . . . 111A Status of Referendum Elections.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121A Governor's Proclamations and Vetoes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366A State Auditor's Report on Funding of Retirement Bills. . . . . . . . . . . . . . . . . . . . . . 375A Historical List of General Assemblies of the State of Georgia. . . . . . . . . . . . . . . . 377A Legislative Services Committee and Staff.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378A

GEORGIA LAWS 2018 SESSION

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COURTS PROPERTY REVENUE AND TAXATION TAX LIENS; REVISE PROVISIONS.

No. 283 (House Bill No. 661).

AN ACT

To amend Titles 15, 44, and 48 of the Official Code of Georgia Annotated, relating to courts, property, and revenue and taxation, respectively, so as to revise provisions relating to the transmittal, filing, recording, access to, and territorial effect of tax liens issued by the Department of Revenue; to provide for electronic record keeping relating to the filing and public access to state tax liens; to provide for duties and responsibilities of the Georgia Superior Court Clerks' Cooperative Authority; 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 subsections (e) and (f) of Code Section 48-2-56, relating to priority of liens for taxes, as follows:
"(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 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 be superior to the lien of a prior recorded instrument securing a bona fide debt. Before the lien provided for in this subsection shall attach to real property, an execution shall be filed with the clerk of superior court in the county where the real property is located. (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 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 nor be superior to the lien of a lender for value recorded prior to the time the execution for the tax has been

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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. Before the lien provided for in this subsection shall attach to real property, an execution shall be filed with the clerk of superior court in the county where the real property is located."

SECTION 2. Said title is further amended by revising Code Section 48-3-21, relating to nonresident procedures for petitions to reduce execution to judgment, as follows:
"48-3-21. Except for executions issued by the commissioner, 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 3. Said title is further amended by revising Code Section 48-3-28, relating to entry of satisfaction duly recorded on lien docket, as follows:
"48-3-28. The department shall file a release of any state tax execution as soon as reasonably possible after a tax execution has been fully satisfied. All such releases shall be filed in all offices of the clerks of superior court where the executions were originally filed."

SECTION 4. Said title is further amended by revising Article 2 of Chapter 3, relating to uniform system for filing state tax executions, 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:

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(1) 'Authority' means the Georgia Superior Court Clerks' Cooperative Authority. (2) 'Delinquent taxpayer' means a person owing an unpaid tax liability for which an execution has been filed by the department, unless such execution is released, withdrawn, or expired. (3) 'Execution' means either a state tax execution or a renewed state tax execution, as applicable. (4) '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. (5) '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. (6) '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.

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.

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 between January 1, 2018, and the effective date of this Act. For priority purposes, a filed renewed state tax execution shall retain its original date of filing. All renewed state tax execution documents shall reflect the original date of filing. (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 or renewed 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, 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

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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 or withdrawn by the department or until the execution has expired. (g) The department shall file an execution within five years of the date of a final assessment. An execution filed or renewed after January 1, 2018, shall expire ten years from the date of filing and shall not be subject to renewal by nulla bona or otherwise. The periods of limitation set forth in this subsection 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. (h) All executions filed by the department on or after the effective date of this Act shall only attach to real property in the county in which the execution has been filed. After the effective date of this Act, no execution previously filed by the department shall be considered to have state-wide attachment to all real property within the state and shall only attach to real property in the county in which the execution has been filed.

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; (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;

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(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; and (8) Notwithstanding Code Sections 48-2-15 and 48-7-60, provision and issuance of official payoff information as to any execution. (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 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. (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

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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. 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 the department shall also timely file the release of the lien in the office of the clerk of superior court where the execution was filed as required by Code Section 48-3-28."

SECTION 5. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-6-97.3, relating to revision of automated information system for state tax execution data and regulatory authority, 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:
(1) 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 and status 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 (2) 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.

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(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 6. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising Code Section 44-1-18, relating to execution search prior to conveyance of property, as follows:
"44-1-18. Reserved."

SECTION 7. 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. (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 index the names of parties in the manner provided by such rules and regulations adopted by the Georgia Superior Court Clerks' Cooperative Authority pursuant to the provisions of Code Section 15-6-61 as authorized by Code Section 15-6-97. (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."

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SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved February 20, 2018.

__________

REVENUE AND TAXATION INCORPORATE CERTAIN FEDERAL LAW PROVISIONS; REVISE INCOME TAX RATES; REVISE TAX CREDITS; EXEMPTION FROM TITLE AD VALOREM TAXES FOR CERTAIN TRANSACTIONS.

No. 284 (House Bill No. 918).
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to double the standard deduction amounts; to lower the personal and corporate income tax rates; to revise provisions relating to assignment of corporate income tax credits; to provide for no liability for state or local title ad valorem tax fees in a replacement title transaction for a vehicle not less than 15 years old; 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:

GEORGIA LAWS 2018 SESSION

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PART I SECTION 1-1.

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, 2017, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before February 9, 2018, except that Section 108(i), Section 163(e)(5)(F), Section 168(b)(3)(I), Section 168(e)(3)(B)(vii), Section 168(e)(3)(E)(ix), Section 168(e)(8), Section 168(k) , Section 168(m), Section 168(n), Section 179(d)(1)(B)(ii), Section 179(f), Section 199, Section 381(c)(20), Section 382(d)(3), 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), and Section 172(i)(1) 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 Section 118, Section 163(j), and Section 382(k)(1) of the Internal Revenue Code of 1986, as amended, shall be treated as they were in effect before the 2017 enactment of federal Public Law 115-97, 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 February 9, 2018, 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, 2017, provisions of the Internal Revenue Code of 1986, as amended, which were as of February 9, 2018, 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 1-2. Said title is further amended by revising paragraph (1) of subsection (b) of Code Section 48-7-20, relating to individual income tax rates, as follows:
"(b)(1) The tax imposed pursuant to subsection (a) of this Code section shall be computed in accordance with the following tables:

SINGLE PERSON

If Georgia Taxable Net Income Is:

The Tax Is:

Not over $750.00. . . . . . . . . . . . . . . . . . . . . . . . .1%

Over $750.00 but not over $2,250.00.. . . . . . . . .$7.50 plus 2% of amount over $750.00

Over $2,250.00 but not over $3,750.00. . . . . . . .$37.50 plus 3% of amount over $2,250.00

Over $3,750.00 but not over $5,250.00. . . . . . . .$82.50 plus 4% of amount over $3,750.00

Over $5,250.00 but not over $7,000.00. . . . . . . .$142.50 plus 5% of amount over $5,250.00

Over $7,000.00. . . . . . . . . . . . . . . . . . . . . . . . . . .$230.00 plus 5.75% of amount over $7,000.00

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MARRIED PERSON FILING A SEPARATE RETURN

If Georgia Taxable Net Income Is:

The Tax Is:

Not over $500.00. . . . . . . . . . . . . . . . . . . . . . . . .1%

Over $500.00 but not over $1,500.00.. . . . . . . . .$5.00 plus 2% of amount over $500.00

Over $1,500.00 but not over $2,500.00. . . . . . . .$25.00 plus 3% of amount over $1,500.00

Over $2,500.00 but not over $3,500.00. . . . . . . .$55.00 plus 4% of amount over $2,500.00

Over $3,500.00 but not over $5,000.00. . . . . . . .$95.00 plus 5% of amount over $3,500.00

Over $5,000.00. . . . . . . . . . . . . . . . . . . . . . . . . . .$170.00 plus 5.75% of amount over $5,000.00

HEAD OF HOUSEHOLD AND MARRIED PERSONS FILING A JOINT RETURN

If Georgia Taxable Net Income Is:
Not over $1,000.00.. . . . . . . . . . . . . . . . . . . . . . .1%

The Tax Is:

Over $1,000.00 but not over $3,000.00. . . . . . . .$10.00 plus 2% of amount over $1,000.00
Over $3,000.00 but not over $5,000.00. . . . . . . .$50.00 plus 3% of amount over $3,000.00
Over $5,000.00 but not over $7,000.00. . . . . . . .$110.00 plus 4% of amount over $5,000.00
Over $7,000.00 but not over $10,000.00. . . . . . .$190.00 plus 5% of amount over $7,000.00

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Over $10,000.00. . . . . . . . . . . . . . . . . . . . . . . . . .$340.00 plus 5.75% of amount over $10,000.00"
SECTION 1-3. Said title is further amended by revising paragraph (1) of subsection (b) of Code Section 48-7-20, relating to individual income tax rates, as follows:
"(b)(1) The tax imposed pursuant to subsection (a) of this Code section shall be computed in accordance with the following tables:
SINGLE PERSON

If Georgia Taxable Net Income Is:

The Tax Is:

Not over $750.00. . . . . . . . . . . . . . . . . . . . . . . . .1%

Over $750.00 but not over $2,250.00.. . . . . . . . .$7.50 plus 2% of amount over $750.00

Over $2,250.00 but not over $3,750.00. . . . . . . .$37.50 plus 3% of amount over $2,250.00

Over $3,750.00 but not over $5,250.00. . . . . . . .$82.50 plus 4% of amount over $3,750.00

Over $5,250.00 but not over $7,000.00. . . . . . . .$142.50 plus 5% of amount over $5,250.00

Over $7,000.00. . . . . . . . . . . . . . . . . . . . . . . . . . .$230.00 plus 5.5% of amount over $7,000.00

MARRIED PERSON FILING A SEPARATE RETURN

If Georgia Taxable Net Income Is:

The Tax Is:

Not over $500.00. . . . . . . . . . . . . . . . . . . . . . . . .1%

Over $500.00 but not over $1,500.00.. . . . . . . . .$5.00 plus 2% of amount over $500.00

Over $1,500.00 but not over $2,500.00. . . . . . . .$25.00 plus 3% of amount over $1,500.00

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Over $2,500.00 but not over $3,500.00. . . . . . . .$55.00 plus 4% of amount over $2,500.00
Over $3,500.00 but not over $5,000.00. . . . . . . .$95.00 plus 5% of amount over $3,500.00
Over $5,000.00. . . . . . . . . . . . . . . . . . . . . . . . . . .$170.00 plus 5.5% of amount over $5,000.00

HEAD OF HOUSEHOLD AND MARRIED PERSONS FILING A JOINT RETURN

If Georgia Taxable Net Income Is:
Not over $1,000.00.. . . . . . . . . . . . . . . . . . . . . . .1%

The Tax Is:

Over $1,000.00 but not over $3,000.00. . . . . . . .$10.00 plus 2% of amount over $1,000.00
Over $3,000.00 but not over $5,000.00. . . . . . . .$50.00 plus 3% of amount over $3,000.00
Over $5,000.00 but not over $7,000.00. . . . . . . .$110.00 plus 4% of amount over $5,000.00
Over $7,000.00 but not over $10,000.00. . . . . . .$190.00 plus 5% of amount over $7,000.00
Over $10,000.00. . . . . . . . . . . . . . . . . . . . . . . . . .$340.00 plus 5.5% of amount over $10,000.00"
SECTION 1-4. Said title is further amended by revising subsection (a) of Code Section 48-7-21, relating to taxation of corporations, as follows:
"(a) Every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 5.75 percent of its Georgia taxable net income. Georgia taxable net income of a corporation shall be the corporation's taxable income from property owned or from business done in this state. A corporation's taxable income from property owned or from business done in this state shall consist of the corporation's taxable income as defined in the Internal Revenue Code of 1986, with the adjustments provided for in

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subsection (b) of this Code section and allocated and apportioned as provided in Code Section 48-7-31."

SECTION 1-5. Said title is further amended by revising subsection (a) of Code Section 48-7-21, relating to taxation of corporations, as follows:
"(a) Every domestic corporation and every foreign corporation shall pay annually an income tax equivalent to 5.5 percent of its Georgia taxable net income. Georgia taxable net income of a corporation shall be the corporation's taxable income from property owned or from business done in this state. A corporation's taxable income from property owned or from business done in this state shall consist of the corporation's taxable income as defined in the Internal Revenue Code of 1986, with the adjustments provided for in subsection (b) of this Code section and allocated and apportioned as provided in Code Section 48-7-31."

SECTION 1-6. Said title is further amended by revising subparagraphs (b)(8)(A) and (b)(10.1)(A) of Code Section 48-7-21, relating to taxation of corporations, as follows:
"(A) A corporation from sources outside the United States as defined in the Internal Revenue Code of 1986. For purposes of this subparagraph, dividends received by a corporation from sources outside of the United States shall include amounts treated as a dividend and income deemed to have been received under provisions of the Internal Revenue Code of 1986 by such corporation if such amounts could have been subtracted from taxable income under this paragraph, had such amounts actually been received but shall not include income specified in Section 951A of the Internal Revenue Code of 1986. The deduction provided by Section 250 shall apply to the extent the same income was included in Georgia taxable net income. The deduction, exclusion, or subtraction provided by Section 245A, Section 965, or any other section of the Internal Revenue Code of 1986 shall not apply to the extent income has been subtracted pursuant to this subparagraph. Amounts to be subtracted under this subparagraph shall include the following unless excluded by this paragraph, as defined by the Internal Revenue Code of 1986:
(i) Qualified electing fund income; (ii) Subpart F income; and (iii) Income attributable to an increase in United States property by a controlled foreign corporation. The amount subtracted under this subparagraph shall be reduced by any expenses directly attributable to the dividend income; and" "(A) For any taxable year in which the taxpayer takes a federal net operating loss deduction on its federal income tax return, the amount of such deduction shall be added back to federal taxable income, and Georgia taxable net income for such taxable year

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shall be computed from the taxpayer's federal taxable income as so adjusted. There shall be allowed as a separate deduction from Georgia taxable net income so computed an amount equal to the aggregate of the Georgia net operating loss carryovers to such year, plus the Georgia net operating loss carrybacks to such year if such carrybacks are allowed by the Internal Revenue Code of 1986. Any limitations included in the Internal Revenue Code of 1986 on the amount of net operating loss that can be used in a taxable year shall be applied for purposes of this Code section; provided, however, that such limitations, including, but not limited to, the 80 percent limitation, shall be applied to Georgia taxable net income;"

SECTION 1-7. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 48-7-27, relating to computation of taxable income of individuals, to read as follows:
"(1) Either the sum of all itemized nonbusiness deductions used in computing federal taxable income if the taxpayer used itemized nonbusiness deductions in computing federal taxable income or, if the taxpayer could not or did not itemize nonbusiness deductions, then a standard deduction as provided for in the following subparagraphs:
(A) In the case of a single taxpayer or a head of household, $4,600.00; (B) In the case of a married taxpayer filing a separate return, $3,000.00; (C) In the case of a married couple filing a joint return, $6,000.00; (D) An additional deduction of $1,300.00 for the taxpayer if the taxpayer has attained the age of 65 before the close of the taxpayer's taxable year. An additional deduction of $1,300.00 for the spouse of the taxpayer shall be allowed if a joint return is made by the taxpayer and the taxpayer's spouse and the spouse has attained the age of 65 before the close of the taxable year; and (E) An additional deduction of $1,300.00 for the taxpayer if the taxpayer is blind at the close of the taxable year. An additional deduction of $1,300.00 for the spouse of the taxpayer shall be allowed if a joint return is made by the taxpayer and the taxpayer's spouse and the spouse is blind at the close of the taxable year. For the purposes of this subparagraph, the determination of whether the taxpayer or the spouse is blind shall be made at the close of the taxable year except that, if either the taxpayer or the spouse dies during the taxable year, the determination shall be made as of the time of the death;"

SECTION 1-8. Said title is further amended by adding a new paragraph to subsection (b) of Code Section 48-7-27, relating to computation of taxable income of corporations, to read as follows:
"(14) Georgia net operating losses shall be treated in the same manner as provided in paragraph (10.1) of subsection (b) of Code Section 48-7-21 but shall be based on the income as computed pursuant to this Code section. Any limitations included in the

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Internal Revenue Code of 1986 on the amount of net operating loss that can be used in a taxable year shall be applied for purposes of this Code section; provided, however, that such limitations, including, but not limited to, the 80 percent limitation, shall be applied to Georgia taxable net income."

SECTION 1-9. Said title is further amended by revising subsection (c) and adding a new subsection to Code Section 48-7-42, relating to affiliated entities and assignment of corporate income tax credits, to read as follows:
"(c) The recipient of a tax credit assigned under subsection (b) of this Code section shall attach a statement to its return identifying the assignor of the tax credit, in addition to providing any other information required to be provided by a claimant of the assigned tax credit. With the exception of the transferable credits in Code Sections 48-7-29.8, 48-7-29.12, 48-7-40.26, and 48-7-40.26A, the recipient of a tax credit assigned under subsection (b) of this Code section shall also be eligible to take any credit against payments due under Code Section 48-7-103, subject to the same requirements as the assignor of such credit at the time of the assignment." "(g) For the purposes of all credits provided for by this chapter, the sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility for the succeeding transferee in such transaction or event, but any unused credit eligible to be applied against income tax liability under this article may be transferred and continued by such transferee and applied against the transferee's income tax liability under this article."

PART II SECTION 2-1.

Said title is further amended in Chapter 5C, relating to the alternative ad valorem tax on motor vehicles, by revising paragraph (15) of subsection (d) of 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:
"(15) There shall be no liability for any state or local title ad valorem tax fees in any of the following title transactions:
(A) The addition or substitution of lienholders on a motor vehicle title so long as the owner of the motor vehicle remains the same; (B) The acquisition of a bonded title by a person or entity pursuant to Code Section 40-3-28 if the title is to be issued in the name of such person or entity; (C) The acquisition of a title to a motor vehicle by a person or entity as a result of the foreclosure of a mechanic's lien pursuant to Code Section 40-3-54 if such title is to be issued in the name of such lienholder;

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(D) The acquisition of a title to an abandoned motor vehicle by a person or entity pursuant to Chapter 11 of Title 40 if such person or entity is a manufacturer or dealer of motor vehicles and the title is to be issued in the name of such person or entity; (E) The obtaining of a title to a stolen motor vehicle by a person or entity pursuant to Code Section 40-3-43; (F) The obtaining of a title by and in the name of a motor vehicle manufacturer, licensed distributor, licensed dealer, or licensed rebuilder for the purpose of sale or resale or to obtain a corrected title, provided that the manufacturer, distributor, dealer, or rebuilder shall submit an affidavit in a form promulgated by the commissioner attesting that the transfer of title is for the purpose of accomplishing a sale or resale or to correct a title only; (G) The obtaining of a title by and in the name of the holder of a security interest when a motor vehicle has been repossessed after default in accordance with Part 6 of Article 9 of Title 11 if such title is to be issued in the name of such security interest holder; (H) The obtaining of a title by a person or entity for purposes of correcting a title, changing an odometer reading, or removing an odometer discrepancy legend, provided that, subject to subparagraph (F) of this paragraph, title is not being transferred to another person or entity; (I) The obtaining of a title by a person who pays state and local title ad valorem tax fees on a motor vehicle and subsequently moves out of this state but returns and applies to retitle such vehicle in this state; and (J) The obtaining of a replacement title on a vehicle that is not less than 15 years old upon sufficient proof provided to the commissioner that such title no longer exists."

PART III SECTION 3-1.

(a) Sections 1-1, 1-6, and 1-8 of this Act shall become effective upon the approval of this Act by the Governor or upon this Act becoming law without such approval and such sections shall be applicable to all taxable years beginning on or after January 1, 2017. (b) Sections 1-2 and 1-4 of this Act shall become effective upon the approval of this Act by the Governor or upon this Act becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2019. Sections 1-2 and 1-4 of this Act shall expire by operation of law on the last moment of December 31, 2025, and revert to the language of paragraph (1) of subsection (b) of Code Section 48-7-20 and subsection (a) of Code Section 48-7-21, respectively, as they existed on the day immediately preceding the effective date of this Act. (c) Sections 1-3 and 1-5 of this Act shall become effective upon passage of a joint resolution that is signed by the Governor ratifying such sections by both houses of the Georgia General Assembly on or after January 13, 2020, and upon such passage shall be applicable to all taxable years beginning on or after January 1, 2020. Should Sections 1-3 and 1-5 of this Act

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become effective as prescribed in the foregoing, both sections shall expire by operation of law on the last moment of December 31, 2025, and revert to the language of paragraph (1) of subsection (b) of Code Section 48-7-20 and subsection (a) of Code Section 48-7-21, respectively, as they existed on the day immediately preceding the effective date of this Act. (d) Section 1-7 of this Act shall become effective upon the approval of this Act by the Governor or upon this Act becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2018. Section 1-7 of this Act shall expire by operation of law on the last moment of December 31, 2025, and revert to the language of paragraph (1) of subsection (a) of Code Section 48-7-27 as it existed on the day immediately preceding the effective date of this Act. (e) Section 1-9 of this Act shall become effective upon the approval of this Act by the Governor or upon this Act becoming law without such approval. The revisions to subsection (c) of Code Section 48-7-42 contained in Section 1-9 of this Act shall be applicable to tax credits that are assigned in taxable years beginning on or after January 1, 2018. New subsection (g) of Code Section 48-7-42 contained in Section 1-9 of this Act shall be applicable to sales, mergers, acquisitions, or bankruptcies occurring in taxable years beginning on or after January 1, 2018. (f) Part II of this Act shall become effective July 1, 2018. (g) Part III of this Act shall become effective upon its approval by the Governor or upon becoming law without such approval.

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

Approved March 2, 2018.

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DOMESTIC RELATIONS COURTS EDUCATION COMPREHENSIVE REVISION OF ADOPTION LAWS; POWER OF ATTORNEY BY PARENT TO AGENT FOR TEMPORARY DELEGATION OF POWER AND AUTHORITY TO CARE FOR CHILD; POWER OF ATTORNEY FOR GRANDPARENT; MATERNITY LEAVE BY LOCAL BOARDS OF EDUCATION FOR ADOPTIVE PARENTS.

No. 285 (House Bill No. 159).

AN ACT

To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to substantially revise the general provisions applicable to adoptions; to change the requirements for adopting children; to provide for a nonresident to allow an adoption of his or her child; to provide for adoption of foreign-born children; to provide for a waiver to revoke a surrender of parental rights under certain circumstances; to change the age for individuals to access the Adoption Reunion Registry; to revise and provide for forms; to amend Code Section 15-11-320 of the Official Code of Georgia Annotated, relating to termination of parental rights, so as to correct a cross-reference; to provide for the creation, authorization, procedure, revocation, recision, and termination of a power of attorney from a parent to an agent for the temporary delegation of certain power and authority for the care and custody of his or her child; to repeal the "Power of Attorney for the Care of a Minor Child Act"; to provide for definitions; to provide for procedure; to grandfather certain provisions relating to a power of attorney given to a grandparent; to provide a short title; to provide for legislative findings; to amend Part 4 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to sick, personal, and maternity leave for teachers and other school personnel, so as to require local boards of education to provide employees who are adoptive parents the same duration of maternity leave, leave options, and other benefits as are provided to employees who are biological parents; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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PART I SECTION 1-1.

Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising Article 1 of Chapter 8, relating to general provisions for adoption as follows:

"ARTICLE 1

19-8-1. For purposes of this article, the term:
(1) 'Alaskan native' means a member of the Alaska Native Regional Corporations formed under the Alaska Native Claims Settlement Act of 1971 (ANCSA). (2) 'Biological father' means a male who impregnated the biological mother resulting in the birth of the child. (3) 'Biological parent' means a biological mother or biological father. (4) 'Child' means an individual who is under 18 years of age and who is sought to be adopted. (5) 'Child-placing agency' means an agency licensed as a child-placing agency pursuant to Chapter 5 of Title 49. (6) 'Department' means the Department of Human Services. (7) 'Evaluator' means a person or agency that conducts a home study. An evaluator shall be a child-placing agency, the department, or a licensed professional with at least two years of adoption related professional experience, including a licensed clinical social worker, licensed master social worker, licensed marriage and family therapist, or licensed professional counselor; provided, however, that when none of the foregoing evaluators are available, the court may appoint a guardian ad litem or court appointed special advocate to conduct a home study. (8) 'Guardian' means an individual appointed as a:
(A) Guardian or temporary guardian of a child as provided in Title 29; (B) Guardian of a child pursuant to Code Section 15-11-13; or (C) Permanent guardian of a child as provided in Part 13 of Article 3 of Chapter 11 of Title 15. (9) 'Home study' means an evaluation by an evaluator of a petitioner's home environment for the purpose of determining the suitability of such environment as a prospective adoptive home for a child. Such evaluation shall consider a petitioner's physical health, emotional maturity, financial circumstances, family, and social background and shall conform to the rules and regulations established by the department for child-placing agencies for adoption home studies. (10) 'Home study report' means the written report generated as a result of the home study.

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(11) 'Legal father' means a male who has not surrendered or had terminated his rights to a child and who:
(A) Has legally adopted such child; (B) Was married to the biological mother of such child at the time such child was born or within the usual period of gestation, unless paternity was disproved by a final order of a court of competent jurisdiction; (C) Married a legal mother of such child after such child was born and recognized such child as his own, unless paternity was disproved by a final order of a court of competent jurisdiction; or (D) Has legitimated such child by a final order pursuant to Code Section 19-7-22. (12) 'Legal mother' means a female who is the biological or adoptive mother of the child and who has not surrendered or had terminated her rights to the child. (13) 'Native American heritage' means any individual who is: (A) A member of a federally recognized American Indian tribe; or (B) An Alaskan native. (14) 'Out-of-state licensed agency' means an agency or entity that is licensed in another state or country to place children for adoption. (15) 'Parent' means a legal father or a legal mother of the child. (16) 'Petitioner' means an individual who petitions to adopt or terminate rights to a child pursuant to this article. (17) 'Putative father registry' means the registry established and maintained pursuant to subsections (d) and (e) of Code Section 19-11-9.

19-8-2. (a) The superior courts of the several counties shall have exclusive jurisdiction in all matters of adoption. (b) All petitions for adoption under this article shall be filed in the county in which any petitioner resides, except that:
(1) Upon good cause being shown, the court may, in its discretion, allow such petition to be filed in the court of the county:
(A) Of the child's domicile; (B) In which is located any child-placing agency having legal custody of the child; (C) Where the child was born if such petition is filed within one year of the child's birth; or (D) In which is located the office of the department having legal custody of the child; (2) Any individual who is a resident of any United States army post or military reservation within this state may file such petition in any county adjacent to the United States army post or military reservation; and (3) When a child has been placed for adoption with an individual who is a resident of another state in compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children, such petition shall be filed in:

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(A) The court of the county where the child was born; (B) The court of the county in which is located any child-placing agency having legal custody of the child; or (C) Superior Court of Fulton County.

19-8-3. (a) Any individual may petition to adopt a child if he or she:
(1) Is at least 25 years of age or is married and living with his or her spouse, or is at least 21 years of age and is a relative of the child; (2) Is at least ten years older than the child, except such ten-year requirement shall not apply when the petitioner is a stepparent or relative and the petition is filed pursuant to Code Section 19-8-6 or 19-8-7; (3) Is a bona fide resident of this state at the filing of the petition for adoption or is a bona fide resident of the receiving state when the adoptee was born in this state and was placed in compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children; and (4) Is financially, physically, and mentally able to have permanent custody of the child. (b) If an individual seeking to adopt a child is married, the petition for adoption shall be filed in the name of both spouses; provided, however, that, when the child is or was the stepchild of the party seeking to adopt, such petition shall be filed by the stepparent alone.

19-8-4. (a) A child may be adopted through the department, any child-placing agency, or any out-of-state licensed agency only if each living parent and guardian of such child:
(1) Has voluntarily and in writing surrendered all of his or her rights to the child to the department, a child-placing agency, or an out-of-state licensed agency as provided in this Code section and such department, child-placing agency, or out-of-state licensed agency thereafter consents to the adoption; or (2) Has had all of his or her rights to the child terminated by order of a court of competent jurisdiction, the child has been committed by the court to the department, a child-placing agency, or an out-of-state licensed agency for placement for adoption, and such department, child-placing agency, or out-of-state licensed agency thereafter consents to the adoption. (b) In the case of a child 14 years of age or older, the written consent of the child to his or her adoption shall be given and acknowledged in the presence of the court. (c) The surrender of rights to the department, a child-placing agency, or an out-of-state licensed agency specified in paragraphs (1) and (2) of subsection (e) of this Code section shall be executed following the birth of the child, and the pre-birth surrender to the department, a child-placing agency, or an out-of-state licensed agency specified in paragraph (3) of subsection (e) of this Code section shall be executed prior to the birth of the child. Each surrender shall be executed under oath and in the presence of a notary

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public and an adult witness. A copy of the surrender shall be provided to the individual signing the surrender at the time of the execution thereof. (d) An individual signing a surrender of rights pursuant to this Code section shall have the right to revoke such surrender within four days as provided in subsection (a) of Code Section 19-8-9.
(e)(1) The surrender of rights by a parent or guardian specified in paragraph (1) of subsection (a) of this Code section shall meet the requirements of subsection (a) of Code Section 19-8-26. Such surrender shall be signed under oath and in the presence of a notary public and an adult witness. (2) A biological father who is not a legal father of a child may surrender all his rights to the child for the purpose of an adoption pursuant to this Code section. Such surrender shall meet the requirements of subsection (d) of Code Section 19-8-26. Such surrender shall be signed under oath and in the presence of a notary public and an adult witness.
(3)(A) A biological father who is not a legal father of a child may execute a surrender of his rights to the child prior to the birth of the child for the purpose of an adoption pursuant to this Code section. A pre-birth surrender shall serve to relinquish an alleged biological father's rights to the child and to waive an alleged biological father's right to notice of any proceeding with respect to the child's adoption, custody, or guardianship. The court in any adoption proceeding shall have jurisdiction to enter a final order of adoption of the child based upon the pre-birth surrender and in other proceedings to determine the child's legal custody or guardianship shall have jurisdiction to enter an order for those purposes. (B) The rights and responsibilities of an alleged biological father shall be permanently terminated only upon an order from a court of competent jurisdiction terminating such rights or the entry of a final order of adoption. An individual executing a pre-birth surrender pursuant to this Code section shall have the right to revoke such surrender within four days from the date of execution thereof, notwithstanding the date of birth of the child. (C) If a final order of adoption is not entered after the execution of a pre-birth surrender and paternity is established by acknowledgment, by administrative order, or by judicial order, then an alleged biological father shall be responsible for child support or other financial obligations to the child or to a legal mother, or to both. (D) The pre-birth surrender shall not be valid for use by a legal father. (E) The pre-birth surrender may be executed at any time after the biological mother executes a sworn statement identifying such individual as an alleged biological father of the biological mother's unborn child meeting the requirements of subsection (m) of Code Section 19-8-26. (F) The pre-birth surrender shall meet the requirements of subsection (f) of Code Section 19-8-26 and shall be signed under oath and in the presence of a notary public and an adult witness.

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(f) A surrender of rights shall be acknowledged by the individual who surrenders those rights by also signing an acknowledgment meeting the requirements of subsection (g) of Code Section 19-8-26. Such acknowledgment shall be signed under oath and in the presence of a notary public and an adult witness.
(g)(1) A legal mother who surrenders her parental rights pursuant to this Code section shall execute an affidavit meeting the requirements of subsection (h) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public. (2) A legal mother who is the adoptive mother of the child and who surrenders her parental rights pursuant to this Code section shall execute an affidavit meeting the requirements of subsection (i) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public. (h) Whenever rights are surrendered to the department, a child-placing agency, or an out-of-state licensed agency, the department or agency representative before whom the surrender of rights is signed shall execute an affidavit meeting the requirements of subsection (j) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public. (i) A surrender of rights pursuant to this Code section may be given by any parent or biological father who is not a legal father of the child regardless of whether such individual is a citizen of the United States, a resident of this state, or has reached the age of 18 years. Such surrender given by such individual shall be binding upon him or her as if the individual were in all respects sui juris and shall include a consent to the jurisdiction of the courts of this state for any action filed under this article. Such surrender shall state that such individual agrees to be bound by a decree of adoption. (j) In any surrender of rights pursuant to this Code section, Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children, if applicable, shall be complied with. (k) A biological father or a legal father who signs a surrender of rights may execute an affidavit regarding his Native American heritage and military service meeting the requirements of subsection (n) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public.

19-8-5. (a) A child may be adopted by a third party who is neither the stepparent nor relative of that child, as such individuals are described in subsection (a) of Code Sections 19-8-6 and 19-8-7, only if each living parent and guardian of such child has voluntarily and in writing surrendered all of his or her rights to such child to that third party for the purpose of enabling that third party to adopt such child. A third party to whom such child is voluntarily surrendered shall be financially responsible for such child as of the date of surrender by the parent. Except as provided in subsection (l) of this Code section, no child shall be placed with a third party for purposes of adoption unless prior to the date of

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placement a home study shall have been completed, and the home study report recommends placement of a child in such third party's home. (b) In the case of a child 14 years of age or older, the written consent of the child to his or her adoption shall be given and acknowledged in the presence of the court. (c) The surrender of rights specified in paragraphs (1) and (2) of subsection (e) of this Code section shall be executed following the birth of the child, and the pre-birth surrender specified in paragraph (3) of subsection (e) of this Code section shall be executed prior to the birth of the child. Each surrender shall be executed under oath and in the presence of a notary public and an adult witness. The name and address of each individual to whom the child is surrendered may be omitted to protect confidentiality, provided the surrender of rights sets forth the name and address of his or her agent for purposes of notice of revocation as provided for in subsection (d) of this Code section. A copy of the surrender shall be provided to the individual signing the surrender at the time of the execution thereof. (d) An individual signing a surrender of rights pursuant to this Code section shall have the right to revoke such surrender within four days as provided in subsection (a) of Code Section 19-8-9.
(e)(1) The surrender of rights by a parent or guardian specified in subsection (a) of this Code section shall meet the requirements of subsection (c) of Code Section 19-8-26. Such surrender shall be signed under oath and in the presence of a notary public and an adult witness. (2) A biological father who is not a legal father of a child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section. Such surrender shall meet the requirements of subsection (d) of Code Section 19-8-26. Such surrender shall be signed under oath and in the presence of a notary public and an adult witness.
(3)(A) A biological father who is not a legal father of a child may execute a surrender of his rights to the child prior to the birth of the child for the purpose of an adoption pursuant to this Code section. A pre-birth surrender shall serve to relinquish an alleged biological father's rights to the child and to waive an alleged biological father's right to notice of any proceeding with respect to the child's adoption, custody, or guardianship. The court in any adoption proceeding shall have jurisdiction to enter a final order of adoption of the child based upon the pre-birth surrender and in other proceedings to determine the child's legal custody or guardianship shall have jurisdiction to enter an order for those purposes. (B) The rights and responsibilities of an alleged biological father shall be permanently terminated only upon an order from a court of competent jurisdiction terminating such rights or the entry of a final order of adoption. An individual executing a pre-birth surrender pursuant to this Code section shall have the right to revoke such surrender within four days from the date of execution thereof, notwithstanding the date of birth of the child.

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(C) If a final order of adoption is not entered after the execution of a pre-birth surrender and paternity is established by acknowledgment, by administrative order, or by judicial order, then an alleged biological father shall be responsible for child support or other financial obligations to the child or to a legal mother, or to both. (D) The pre-birth surrender shall not be valid for use by a legal father. (E) The pre-birth surrender may be executed at any time after the biological mother executes a sworn statement identifying such individual as an alleged biological father of the biological mother's unborn child meeting the requirements of subsection (m) of Code Section 19-8-26. (F) The pre-birth surrender shall meet the requirements of subsection (f) of Code Section 19-8-26 and shall be signed under oath and in the presence of a notary public and an adult witness. (f) A surrender of rights shall be acknowledged by the individual who surrenders those rights by also signing an acknowledgment meeting the requirements of subsection (g) of Code Section 19-8-26. Such acknowledgment shall be signed under oath and in the presence of a notary public and an adult witness. (g)(1) A legal mother who surrenders her parental rights pursuant to this Code section shall execute an affidavit meeting the requirements of subsection (h) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public. (2) A legal mother who is the adoptive mother of the child and who surrenders her parental rights pursuant to this Code section shall execute an affidavit meeting the requirements of subsection (i) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public. (h) Whenever rights are surrendered pursuant to this Code section, the representative of each petitioner or the representative of the individual signing such surrender shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public. (i) A surrender of rights pursuant to this Code section may be given by any parent or biological father who is not a legal father of the child regardless of whether such individual is a citizen of the United States, a resident of this state, or has reached the age of 18 years. Such surrender given by such individual shall be binding upon him or her as if the individual were in all respects sui juris and shall include a consent to the jurisdiction of the courts of this state for any action filed under this article. Such surrender shall state that such individual agrees to be bound by a decree of adoption. (j) A petition for adoption pursuant to subsection (a) of this Code section shall be filed within 60 days from the date the surrender of rights is executed; provided, however, that for good cause shown the court may waive the 60 day requirement. If the petition for adoption is not filed within the time period specified by this subsection and the court does not waive the 60 day requirement or if the proceedings resulting from such petition are not concluded with an order granting such petition, then the surrender of rights shall operate

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as follows according to the election made in such surrender by the parent or guardian of the child:
(1) In favor of such parent or guardian, with the express stipulation that neither this nor any other provision of the surrender of rights shall be deemed to impair the validity, absolute finality, or totality of such surrender under any other circumstance, once the revocation period has elapsed; (2) In favor of the child-placing agency or out-of-state licensed agency designated in the surrender of rights, if any; or (3) If the parent or guardian is not designated and no child-placing agency or out-of-state licensed agency is designated in the surrender of rights, or if the designated child-placing agency or out-of-state licensed agency declines to accept the child for placement for adoption, in favor of the department for placement for adoption pursuant to subsection (a) of Code Section 19-8-4. (k) In any surrender of rights pursuant to this Code section, Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children, if applicable, shall be complied with. (l) If the home study for a third-party adoption has not occurred prior to the date of placement, then the third party shall, within the petition for adoption or in a separate motion, seek an order authorizing placement of such child prior to the completion of the home study. Such petition or such motion shall identify the evaluator that the petitioner has selected to perform the home study. The court may waive the requirement of a preplacement home study in cases when a child already resides in the prospective adoptive home either as a child of one of the residents of such home or pursuant to a court order of guardianship, testamentary guardianship, or custody. (m) The court may authorize the placement prior to the completion of a home study if the court finds that such placement is in the best interests of the child. (n) If the court authorizes the placement prior to the completion of a home study, then: (1) Such child shall be permitted to remain in the home of the third party with whom the parent or guardian placed such child pending further order of the court; (2) A copy of the order authorizing placement of such child prior to the completion of the home study shall be delivered to the department and the evaluator selected to perform the home study by the clerk of the court within 15 days of the date of the entry of such order; and (3) The home study, if not already in process, shall be initiated by the evaluator selected by the petitioner or appointed by the court within ten days of such evaluator's receipt of the court's order. (o) A biological father or a legal father who signs a surrender of rights may execute an affidavit regarding his Native American heritage and military service meeting the requirements of subsection (n) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public.

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19-8-6. (a)(1) A child whose legal father and legal mother are both living but are not still married to each other may be adopted by the spouse of either parent only when the other parent voluntarily and in writing surrenders all of his or her rights to the child to that spouse for the purpose of enabling that spouse to adopt the child and the other parent consents to the adoption and, when there is any guardian of that child, each such guardian has voluntarily and in writing surrendered to such spouse all of his or her rights to the child for the purpose of such adoption. (2) A child who has only one parent still living may be adopted by the spouse of that parent only if that parent consents to the adoption and, when there is any guardian of that child, each such guardian has voluntarily and in writing surrendered to such spouse all of his or her rights to the child for the purpose of such adoption.
(b) In the case of a child 14 years of age or older, the written consent of the child to his or her adoption shall be given and acknowledged in the presence of the court. (c) The surrender of rights specified in this Code section shall be executed following the birth of the child under oath and in the presence of a notary public and an adult witness. A copy of the surrender shall be provided to the individual signing the surrender at the time of the execution thereof. (d) An individual signing a surrender of rights pursuant to this Code section shall have the right to revoke such surrender within four days as provided in subsection (a) of Code Section 19-8-9.
(e)(1) The surrender of rights by a parent or guardian specified in subsection (a) of this Code section shall meet the requirements of subsection (e) of Code Section 19-8-26. Such surrender shall be signed under oath and in the presence of a notary public and an adult witness. (2) A biological father who is not a legal father of a child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section. Such surrender shall meet the requirements of subsection (d) of Code Section 19-8-26. Such surrender shall be signed under oath and in the presence of a notary public and an adult witness. (f) A surrender of rights shall be acknowledged by the individual who surrenders those rights by also signing an acknowledgment meeting the requirements of subsection (g) of Code Section 19-8-26. Such acknowledgment shall be signed under oath and in the presence of a notary public and an adult witness. (g)(1) A legal mother who surrenders her parental rights or consents to the adoption of her child by her spouse pursuant to this Code section shall execute an affidavit meeting the requirements of subsection (h) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public. (2) A legal mother who is the adoptive mother of the child and who surrenders her parental rights pursuant to this Code section shall execute an affidavit meeting the requirements of subsection (i) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public.

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(h) Whenever rights are surrendered pursuant to this Code section, the representative of each petitioner or the representative of the individual signing such surrender shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public. (i) A surrender of rights or consent pursuant to this Code section may be given by any parent or biological father who is not a legal father of the child regardless of whether such individual is a citizen of the United States, a resident of this state, or has reached the age of 18 years. Such surrender or consent given by such individual shall be binding upon him or her as if the individual were in all respects sui juris and shall include a consent to the jurisdiction of the courts of this state for any action filed under this article. Such surrender shall state that such individual agrees to be bound by a decree of adoption. (j) The parental consent by the spouse of a stepparent seeking to adopt a child of that spouse and required by subsection (a) of this Code section shall meet the requirements of subsection (l) of Code Section 19-8-26. Such consent shall be signed under oath and in the presence of a notary public. (k) A biological father or a legal father who signs a surrender of rights may execute an affidavit regarding his Native American heritage and military service meeting the requirements of subsection (n) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public.

19-8-7. (a) A child may be adopted by a relative who is related by blood or marriage to the child as a grandparent, great-grandparent, aunt, uncle, great aunt, great uncle, or sibling only if each living parent and guardian of such child has voluntarily and in writing surrendered to that relative and any spouse of such relative all of his or her rights to the child for the purpose of enabling that relative and any such spouse to adopt the child. (b) In the case of a child 14 years of age or older, the written consent of the child to his or her adoption shall be given and acknowledged in the presence of the court. (c) The surrender of rights specified in paragraphs (1) and (2) of subsection (e) of this Code section shall be executed following the birth of the child, and the pre-birth surrender specified in paragraph (3) of subsection (e) of this Code section shall be executed prior to the birth of the child. Each surrender shall be executed under oath and in the presence of a notary public and an adult witness. A copy of the surrender shall be provided to the individual signing the surrender at the time of the execution thereof. (d) An individual signing a surrender of rights pursuant to this Code section shall have the right to revoke such surrender within four days as provided in subsection (a) of Code Section 19-8-9.
(e)(1) The surrender of rights by a parent or guardian specified in subsection (a) of this Code section shall meet the requirements of subsection (e) of Code Section 19-8-26. Such surrender shall be signed under oath and in the presence of a notary public and an adult witness.

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(2) A biological father who is not a legal father of the child may surrender all his rights to the child for purposes of an adoption pursuant to this Code section. Such surrender shall meet the requirements of subsection (d) of Code Section 19-8-26. Such surrender shall be signed under oath and in the presence of a notary public and an adult witness.
(3)(A) A biological father who is not a legal father of a child may execute a surrender of his rights to the child prior to the birth of the child for the purpose of an adoption pursuant to this Code section. A pre-birth surrender shall serve to relinquish an alleged biological father's rights to the child and to waive an alleged biological father's right to notice of any proceeding with respect to the child's adoption, custody, or guardianship. The court in any adoption proceeding shall have jurisdiction to enter a final order of adoption of the child based upon the pre-birth surrender and in other proceedings to determine the child's legal custody or guardianship shall have jurisdiction to enter an order for those purposes. (B) The rights and responsibilities of an alleged biological father shall be permanently terminated only upon an order from a court of competent jurisdiction terminating such rights or the entry of a final order of adoption. An individual executing a pre-birth surrender pursuant to this Code section shall have the right to revoke such surrender within four days from the date of execution thereof, notwithstanding the date of birth of the child. (C) If a final order of adoption is not entered after the execution of a pre-birth surrender and paternity is established by acknowledgment, by administrative order, or by judicial order, then an alleged biological father shall be responsible for child support or other financial obligations to the child or to a legal mother, or to both. (D) The pre-birth surrender shall not be valid for use by a legal father. (E) The pre-birth surrender may be executed at any time after the biological mother executes a sworn statement identifying such individual as an alleged biological father of the biological mother's unborn child meeting the requirements of subsection (m) of Code Section 19-8-26. (F) The pre-birth surrender shall meet the requirements of subsection (f) of Code Section 19-8-26 and shall be signed under oath and in the presence of a notary public and an adult witness. (f) A surrender of rights shall be acknowledged by the individual who surrenders those rights by also signing an acknowledgment meeting the requirements of subsection (g) of Code Section 19-8-26. Such acknowledgment shall be signed under oath and in the presence of a notary public and an adult witness. (g)(1) A legal mother who surrenders her parental rights pursuant to this Code section shall execute an affidavit meeting the requirements of subsection (h) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public. (2) A legal mother who is the adoptive mother of the child and who surrenders her parental rights pursuant to this Code section shall execute an affidavit meeting the

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requirements of subsection (i) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public. (h) Whenever rights are surrendered pursuant to this Code section, the representative of each petitioner or the representative of the individual signing such surrender shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public. (i) A surrender of rights pursuant to this Code section may be given by any parent or biological father who is not a legal father of the child regardless of whether such individual is a citizen of the United States, a resident of this state, or has reached the age of 18 years. Such surrender given by such individual shall be binding upon him or her as if the individual were in all respects sui juris and shall include a consent to the jurisdiction of the courts of this state for any action filed under this article. Such surrender shall state that such individual agrees to be bound by a decree of adoption. (j) In any surrender of rights pursuant to this Code section, Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children, if applicable, shall be complied with. (k) A biological father or a legal father who signs a surrender of rights may execute an affidavit regarding his Native American heritage and military service meeting the requirements of subsection (n) of Code Section 19-8-26. Such affidavit shall be signed under oath and in the presence of a notary public.

19-8-8. (a)(1) A child, who was born in a country other than the United States and for whom a decree or order of adoption has been entered pursuant to due process of law by a court of competent jurisdiction or an administrative proceeding in the country of the child's birth or the country in which the child habitually resided immediately prior to coming to the United States establishing the relationship of parent and child by adoption between each petitioner named in the foreign decree or order of adoption and the child according to the law of such foreign country, shall be eligible to have his or her adoption domesticated under this subsection if a consular officer of the United States Department of State has issued and affixed in the child's passport an immediate relative immigrant visa or Hague Convention immigrant visa. (2) Evidence of the issuance of an immediate relative immigrant visa or Hague Convention immigrant visa by the United States Department of State in the child's passport shall be prima-facie evidence that all parental rights have been terminated, that the child was legally available for adoption by each petitioner named in the foreign decree or order of adoption, that the adoption of the child by each petitioner named in the foreign decree or order of adoption was in the child's best interests, and that the child's adoption by each petitioner named in the foreign decree or order of adoption was finalized in full compliance with the laws of the foreign country and the court need not make any inquiry into those proceedings but shall domesticate the foreign decree or order

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of adoption hereunder and issue a final decree of adoption pursuant to subsection (c) of Code Section 19-8-18. (3) A child who qualifies for domestication of his or her foreign adoption under this subsection and whose adoption was full and final prior to entering the United States shall, upon entry of a final decree of domestication of adoption by the court, be entitled to have a Certificate of Foreign Birth issued to him or her by the State Office of Vital Records of the Georgia Department of Public Health pursuant to paragraph (2) of subsection (f) of Code Section 31-10-13. (b)(1) A child, who was born in a country other than the United States and for whom a decree or order of guardianship has been entered pursuant to due process of law by a court of competent jurisdiction or an administrative proceeding in the country of the child's birth or the country in which the child habitually resided immediately prior to coming to the United States terminating the parental rights of both of his or her parents and establishing a guardian-ward relationship between each petitioner named in the foreign decree or order of guardianship and the child according to the law of such foreign country, shall be eligible to be adopted pursuant to this subsection if a consular officer of the United States Department of State has issued and affixed in the child's passport an immediate relative immigrant visa or Hague Convention immigrant visa.
(2)(A) Evidence of the issuance of an immediate relative immigrant visa or Hague Convention immigrant visa by the United States Department of State in the child's passport shall be prima-facie evidence that all parental rights have been terminated, that the child is legally available for adoption by each petitioner named in the foreign decree or order of guardianship, and that the guardian-ward relationship between each petitioner named in the foreign decree or order of guardianship and the child was granted in full compliance with the laws of the foreign country and the court need not make any inquiry into those proceedings but shall be authorized to finalize the child's adoption as provided in this subsection. (B) Notwithstanding subparagraph (A) of this paragraph, when the foreign decree or order of guardianship requires specific postplacement supervision, the court shall not be authorized to finalize such child's adoption as provided in this subsection until the petitioner provides documentation of formal evidence that the conditions of the foreign decree or order of guardianship have been satisfied. (3) Once a child's adoption is granted pursuant to this subsection, he or she shall be entitled to have a Certificate of Foreign Birth issued to him or her by the State Office of Vital Records of the Georgia Department of Public Health pursuant to paragraph (2) of subsection (f) of Code Section 31-10-13. (c) The court shall have authority to change a child's date of birth from that shown on the child's original birth certificate and as reflected in the child's passport upon presentation by a preponderance of evidence of a more accurate date of birth.

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19-8-9. (a) Notwithstanding subsection (a) of Code Section 9-10-12 which authorizes the use of certified mail, an individual signing a surrender of rights pursuant to Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall have the right to revoke such surrender by written notice delivered in person or mailed by registered mail or statutory overnight delivery within four days after signing such surrender; and such surrender document shall not be valid unless it so states. The four-day revocation period shall be counted consecutively beginning with the day immediately following the date the surrender of rights is executed; provided, however, that, if the fourth day falls on a Saturday, Sunday, or legal holiday, then the last day on which such surrender may be revoked shall be the next day that is not a Saturday, Sunday, or legal holiday. After the four-day period, a surrender of rights cannot be revoked. Notwithstanding subsection (a) of Code Section 9-10-12 which authorizes the use of certified mail, the notice of revocation of a surrender of rights shall be delivered in person or mailed by registered mail or statutory overnight delivery to the address designated in the surrender document. If delivered in person, it shall be delivered to the address shown in the surrender document not later than 5:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the fourth day. (b) If a legal mother has voluntarily and in writing surrendered all of her parental rights pursuant to Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 and has not revoked her surrender within the four-day period after signing as permitted by subsection (a) of this Code section, she shall have no right or authority to sign a voluntary acknowledgment of paternity pursuant to Code Section 19-7-46.1 or consent to the granting of a petition for legitimation filed pursuant to Code Section 19-7-22 regarding the same child.

19-8-10. (a) Surrender or termination of rights of a living parent pursuant to Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall not be required as a prerequisite to the granting of a petition for adoption of a child of such living parent pursuant to Code Section 19-8-13 when the court determines by clear and convincing evidence that the:
(1) Child has been abandoned by that parent; (2) Parent cannot be found after a diligent search has been made; (3) Parent is insane or otherwise incapacitated from surrendering such rights; (4) Parent caused his child to be conceived as a result of having nonconsensual sexual intercourse with the biological mother of his child or when the biological mother is less than ten years of age; or (5) Parent, without justifiable cause, has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (3), (4), or (5) of subsection (a) of Code Section 15-11-310, and the court is of the opinion that the adoption is in the best interests of that child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home.

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(b) A surrender of rights of a living parent pursuant to Code Section 19-8-6 or 19-8-7 shall not be required as a prerequisite to the granting of a petition for adoption of a child of such living parent pursuant to Code Section 19-8-13, when the court determines by clear and convincing evidence that the parent, for a period of one year or longer immediately prior to the filing of the petition for adoption, without justifiable cause, has significantly failed:
(1) To communicate or to make a bona fide attempt to communicate with that child in a meaningful, supportive, parental manner; or (2) To provide for the care and support of that child as required by law or judicial decree, and the court is of the opinion that the adoption is in the best interests of that child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home. (c)(1) Whenever it is alleged by any petitioner that surrender or termination of rights of a living parent is not a prerequisite to the granting of a petition for adoption of a child of such parent in accordance with subsection (a) or (b) of this Code section, such parent shall be personally served with a conformed copy of the adoption petition, together with a copy of the court's order thereon specified in Code Section 19-8-14, or, if personal service cannot be perfected, notwithstanding subsection (a) of Code Section 9-10-12 which authorizes the use of certified mail, by registered mail, return receipt requested, or statutory overnight delivery, one-day service not required, at his or her last known address. If service cannot be made by these methods, such parent shall be given notice by publication once a week for three weeks in the official organ of the county where such petition has been filed and of the county of his or her last known address. In the interest of time, publication may be initiated simultaneously with efforts to perfect service personally, by registered mail, or by statutory overnight delivery. The court shall continue to have the inherent authority to determine the sufficiency of service. A parent who receives notification pursuant to this paragraph shall not be a party to the adoption and shall have no obligation to file an answer, but shall have the right to appear in the pending adoption proceeding and show cause why such parent's rights to the child who is the subject of the proceeding should not be terminated by that adoption. Notice shall be deemed to have been received on the earliest date:
(A) Personal service is perfected; (B) Of delivery shown on the return receipt of registered mail or proof of delivery by statutory overnight delivery; or (C) Of the last publication. (2) No prior order of court shall be required to publish notice pursuant to this Code section; provided, however, that before publication may be relied upon as a means of service, it shall be averred that, after diligent efforts, service could not be perfected personally, by registered mail, or by statutory overnight delivery. (d) Consistent with the requirement of paragraph (7) of subsection (a) of Code Section 19-8-13, when the petitioner is seeking to involuntarily terminate the rights of a parent as a prerequisite to the granting of the petition for adoption, the petitioner shall, in

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lieu of obtaining and attaching those otherwise required surrenders of rights, acknowledgments, and affidavits, allege facts in the petition seeking to involuntarily terminate parental rights that demonstrate the applicability of the grounds set forth in subsection (a) or (b), or both, of this Code section and shall also allege compliance with subsection (c) of this Code section.

19-8-11. (a)(1) In those cases when the department, a child-placing agency, or an out-of-state licensed agency has obtained the voluntary written surrender of all parental rights from one of the parents or the guardian of a child or has obtained an order from a court of competent jurisdiction terminating all of the rights of one of the parents or the guardian of a child, such department, child-placing agency, or out-of-state licensed agency may in contemplation of the placement of such child for adoption petition the superior court of the county of the child's domicile, of the county where the child was born, of the county in which is located the principal office of the child-placing agency having legal custody of the child, or of the county in which is located the office of the department having legal custody of the child to terminate the parental rights of the remaining parent pursuant to this Code section. (2) In those cases when a child has been placed in compliance with Chapter 4 of Title 39, and the individual who is the resident of another state has obtained the voluntary written surrender of all parental rights from one of the parents or the guardian of a child, each such individual to whom the child has been surrendered may in contemplation of the adoption of such child in such other state petition the superior court of the county where the child was born or of Fulton County to terminate the parental rights of the remaining parent pursuant to this Code section. (3)(A) Parental rights may be terminated pursuant to paragraph (1) or (2) of this subsection when the court determines by clear and convincing evidence that the: (i) Child has been abandoned by that parent; (ii) Parent of the child cannot be found after a diligent search has been made; (iii) Parent is insane or otherwise incapacitated from surrendering such rights; (iv) Parent caused his child to be conceived as a result of having nonconsensual sexual intercourse with the biological mother of his child or when the biological mother is less than ten years of age; or (v) Parent, without justifiable cause, has failed to exercise proper parental care or control due to misconduct or inability, as set out in paragraph (3), (4), or (5) of subsection (a) of Code Section 15-11-310. (B) If the court determines that a circumstance described in subparagraph (A) of this paragraph has been met, it shall set the matter down to be heard in chambers not less than 30 and not more than 60 days following the receipt by such remaining parent of

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the notice under subsection (b) of this Code section and shall enter an order terminating such parental rights if it so finds and if it is of the opinion that adoption is in the best interests of the child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home. (b)(1) Whenever a petition to terminate parental rights is filed pursuant to subsection (a) of this Code section, the parent whose rights the petitioner is seeking to terminate shall be personally served with a conformed copy of the petition to terminate parental rights and a copy of the court's order setting forth the date upon which such petition shall be considered or, if personal service cannot be perfected, notwithstanding subsection (a) of Code Section 9-10-12 which authorizes the use of certified mail, by registered mail, return receipt requested, or statutory overnight delivery, one-day service not required, at his or her last known address. If service cannot be made by these methods, such parent shall be given notice by publication once a week for three weeks in the official organ of the county where such petition has been filed and of the county of his or her last known address. In the interest of time, publication may be initiated simultaneously with efforts to perfect service personally, by registered mail, or by statutory overnight delivery. The court shall continue to have the inherent authority to determine the sufficiency of service. A parent who receives notification pursuant to this paragraph shall not be a party to the adoption and shall have no obligation to file an answer, but shall have the right to appear in the pending termination of parental rights proceeding and show cause why such parent's rights to the child who is the subject of the proceeding should not be terminated. Notice shall be deemed to have been received on the earliest date: (A) Personal service is perfected; (B) Of delivery shown on the return receipt of registered mail or proof of delivery by statutory overnight delivery; or (C) Of the last publication. (2) No prior order of court shall be required to publish notice pursuant to this Code section; provided, however, that before publication may be relied upon as a means of service, it shall be averred that, after diligent efforts, service could not be perfected personally, by registered mail, or by statutory overnight delivery.

19-8-12. (a) The General Assembly finds that:
(1) The state has a compelling interest in promptly providing stable and permanent homes for adoptive children, and in preventing the disruption of adoptive placements; (2) Adoptive children have a right to permanence and stability in adoptive placements; (3) Adoptive parents have a constitutionally protected liberty and privacy interest in retaining custody of children placed with them for adoption; (4) A biological father who is not a legal father may have an interest in his biological child. This inchoate interest is lost by failure to develop a familial bond with the child

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and acquires constitutional protection only if a biological father who is not a legal father develops a familial bond with the child; (5) The subjective intent of a biological father who is not a legal father, whether expressed or otherwise, unsupported by evidence of acts manifesting such intent, shall not preclude a determination that a biological father who is not a legal father has failed to develop a familial bond with the child; and (6) A man who has engaged in a nonmarital sexual relationship with a woman is deemed to be on notice that a pregnancy and adoption proceeding regarding a child may occur and has a duty to protect his own rights and interests in that child. He is therefore entitled to notice of an adoption proceeding only as provided in this Code section. (b) If there is a biological father who is not a legal father of a child and he has not executed a surrender of rights as specified in paragraph (2) of subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 or paragraph (3) of subsection (e) of Code Section 19-8-4, 19-8-5, or 19-8-7, he shall be notified of adoption proceedings regarding the child in the following circumstances: (1) If his identity is known to the petitioner, department, child-placing agency, or out-of-state licensed agency or to the attorney for such individual or entity; (2) If he is a registrant on the putative father registry who has acknowledged paternity of the child in accordance with subparagraph (d)(2)(A) of Code Section 19-11-9; or (3) If he is a registrant on the putative father registry who has indicated possible paternity of the child during a period beginning two years immediately prior to the child's date of birth in accordance with subparagraph (d)(2)(B) of Code Section 19-11-9 (c)(1) Notification provided for in subsection (b) of this Code section shall be given to a biological father who is not a legal father by the following methods:
(A) Notwithstanding subsection (a) of Code Section 9-10-12 which authorizes the use of certified mail, registered mail, return receipt requested, or statutory overnight delivery, one-day service not required, at his last known address, which notice shall be deemed received upon the date of delivery shown on the return or delivery receipt; (B) Personal service, which notice shall be deemed received when personal service is perfected; or (C) Publication once a week for three weeks in the official organ of the county where the adoption petition has been filed and of the county of his last known address, which notice shall be deemed received upon the date of the last publication. (2) If feasible, the methods specified in subparagraph (A) or (B) of paragraph (1) of this subsection shall be used before publication; provided, however, that in the interest of time, publication may be initiated simultaneously with efforts to perfect service personally, by registered mail, or by statutory overnight delivery. (3) No prior order of court shall be required to publish notice pursuant to this Code section; provided, however, that before publication may be relied upon as a means of service, it shall be averred that, after diligent efforts, service could not be perfected personally, by registered mail, or by statutory overnight delivery.

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(d)(1) When the rights of a parent or guardian of a child have been surrendered or terminated in accordance with subsection (a) of Code Section 19-8-4 or the child does not have a living parent or guardian, the department, child-placing agency, or out-of-state licensed agency may file, under the authority of this paragraph, a petition to terminate a biological father's rights to the child with the superior court of the county of the child's domicile, of the county where the child was born, of the county in which is located the principal office of the child-placing agency having legal custody of the child, or of the county in which is located the office of the department having legal custody of the child. (2) When the rights of a parent or guardian of a child have been surrendered in accordance with subsection (a) of Code Section 19-8-5, 19-8-6, or 19-8-7, the child does not have a living parent or guardian, a consent to adopt has been executed pursuant to paragraph (2) of subsection (a) of Code Section 19-8-6, or the petitioner is seeking to involuntarily terminate parental rights pursuant to Code Section 19-8-10, the petitioner shall file, under the authority of this paragraph, with the superior court of the county of the child's domicile or of the county where the child was born a motion, if a petition for adoption of the child has previously been filed with the court, or a petition to terminate a biological father's rights to the child. (3) When a petition or motion is filed pursuant to paragraph (1) or (2) of this subsection, the court shall, within 30 days from the date of receipt of the notice required by subsection (b) of this Code section or, when no notice is required to be given, from the date of such filing, conduct a hearing in chambers to determine the facts in the matter. (4) Unless the identity of a biological father is known to the petitioner, department, child-placing agency, or out-of-state licensed agency or to the attorney for such individual or entity such that he is entitled to notice of the proceedings as provided in this Code section, when the petitioner provides a certificate from the putative father registry stating that there is no registrant identified on the putative father registry acknowledging paternity of the child or indicating possible paternity of the child for a period beginning no later than two years immediately prior to the child's date of birth, then it shall be rebuttably presumed that an unnamed biological father who is not a legal father is not entitled to notice of the proceedings. Absent evidence rebutting the presumption, then no further inquiry or notice shall be required by the court and the court shall enter an order terminating the rights of such unnamed biological father to the child. (e) When notice is to be given pursuant to subsection (b) of this Code section, it shall advise such biological father who is not a legal father that he loses all rights to the child and will neither receive notice nor be entitled to object to the adoption of the child unless, within 30 days of receipt of such notice, he files: (1) A petition to legitimate the child pursuant to Code Section 19-7-22 as a separate civil action; (2) Notice of the filing of the petition to legitimate with the court in which the action under this Code section, if any, is pending; and

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(3) Notice of the filing of the petition to legitimate to the person or agency who provided such notice to such biological father. (f) A biological father who is not a legal father shall lose all rights to the child and the court shall enter an order terminating all of his rights to the child and he shall not thereafter be allowed to object to the adoption and shall not be entitled to receive further notice of the adoption if, within 30 days from his receipt of the notice provided for in subsection (b) of this Code section, he: (1) Does not file a legitimation petition and give notice as required in subsection (e) of this Code section; (2) Files a legitimation petition which is subsequently dismissed for failure to prosecute; or (3) Files a legitimation petition and the action is subsequently concluded without a court order granting such petition and declaring that he is a legal father of the child. (g) If an alleged biological father who is not a legal father files a legitimation petition after the mother of such child has surrendered her parental rights, the court shall be authorized to consider the affidavit of the mother specified in subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, as applicable. If the court finds from the evidence that such biological father has not lived with the child, contributed to the child's support, or provided support or medical care during the mother's pregnancy or hospitalization for the birth of such child, there shall be a rebuttable presumption that the biological father abandoned his opportunity interest to legitimate such child and may deny his petition for legitimation. Such biological father shall not thereafter be allowed to object to the adoption nor be entitled to receive further notice of the adoption proceedings. (h) If the child is legitimated by his or her biological father, the adoption shall not be permitted except as provided in Code Sections 19-8-4 through 19-8-7. (i) If the child is legitimated by his or her biological father and in the adoption proceeding the petition for adoption is revoked with prejudice or denied by the court, then a SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION executed by a legal mother pursuant to subsection (a) of Code Section 19-8-4, 19-8-5, or 19-8-7 shall be dissolved by operation of law and her parental rights shall be restored to her. The fact that a legal mother executed a SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION, now dissolved, shall not be admissible as evidence against a legal mother in any proceeding against her.

19-8-13. (a) The petition for adoption, duly verified, together with one conformed copy thereof, shall be filed with the clerk of the superior court having jurisdiction and shall conform to the following guidelines:
(1) The petition for adoption shall set forth: (A) The name, age, date and place of birth, marital status, and place of residence of each petitioner;

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(B) The name by which the child is to be known should the adoption ultimately be completed; (C) The sex, date and place of birth, and citizenship or immigration status of the child, and if the child is neither a United States citizen nor a lawful permanent resident of the United States on the date such petition is filed, the petitioner shall explain how such child will be able to obtain lawful permanent resident status; (D) The date and circumstances of the placement of the child with each petitioner; (E) Whether the child is possessed of any property and, if so, a full and complete description thereof; (F) Whether the child has one or both parents or his or her biological father who is not a legal father living; (G) Whether the child has a guardian and, if so, the name of the guardian and the name of the court that appointed such guardian; (H) Whether the child has a legal custodian and, if so, the name of the legal custodian and the name of the court that appointed such custodian; and (I) Whether each petitioner or his or her attorney is aware of any other adoption proceeding pending to date, in this or any other state or country, regarding the child who is the subject of the proceeding that is not fully disclosed in such petition and whether each petitioner or his or her attorney is aware of any individual who has or claims to have physical custody of or visitation rights with the child who is the subject of the proceeding whose name and address and whose custody or visitation rights are not fully disclosed in such petition. Each petitioner and his or her attorney shall have a continuing duty to inform the court of any proceeding in this or any other state or country that could affect the adoption proceeding or the legal custody of or visitation with the child who is the subject of the proceeding; (2) When the adoption is pursuant to subsection (a) of Code Section 19-8-4, the following shall be provided or attached to the petition for adoption or its absence explained when the petition for adoption is filed: (A) If the adoption is pursuant to:
(i) Paragraph (1) of such Code section, a copy of the written voluntary surrender of rights of each parent or guardian specified in subsection (e) of Code Section 19-8-4 and a copy of the written acknowledgment of surrender of rights specified in subsection (f) of Code Section 19-8-4; or (ii) Paragraph (2) of such Code section, a certified copy of the order entered by a court of competent jurisdiction terminating parental rights of the parent and committing the child to the department, child-placing agency, or out-of-state licensed agency; (B) A copy of the affidavits specified in subsections (g) and (h) of Code Section 19-8-4; (C) An original affidavit from the department or a child-placing agency stating that all of the requirements of Code Sections 19-8-4 and 19-8-12 have been complied with and

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that the child is legally available for adoption or, in the case of a placement by an out-of-state licensed agency, that the comparable provisions dealing with the termination of parental rights of the parents and of a biological father who is not a legal father of the child have been complied with under the laws of the state or country in which the out-of-state licensed agency is licensed and that the child is legally available for adoption thereunder; (D) The original written consent of the department, child-placing agency, or out-of-state licensed agency to the adoption; (E) Uncertified copies of appropriate certificates or forms verifying the allegations contained in such petition as to guardianship of the child, including, but not limited to, the marriage of each petitioner, the death of each parent in lieu of a surrender of his or her parental rights, and compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children; and (F) A completed form containing background information regarding the child, as required by the adoption unit of the department, or an equivalent medical and social history background form; (3) When the adoption is pursuant to subsection (a) of Code Section 19-8-5, the following shall be provided or attached to the petition for adoption or its absence explained when the petition for adoption is filed: (A) The original written voluntary surrender of rights of each parent, biological father who is not a legal father, or guardian specified in subsection (e) of Code Section 19-8-5; (B) The original written acknowledgment of surrender of rights specified in subsection (f) of Code Section 19-8-5; (C) The original affidavits specified in subsections (g) and (h) of Code Section 19-8-5; (D) A copy of the appropriate form verifying the allegation of compliance with Code Section 19-8-12 and the original certification evidencing the search of the putative father registry; (E) The original accounting required by subsection (c) of this Code section; (F) Uncertified copies of appropriate certificates or forms verifying the allegations contained in such petition as to guardianship of the child, including, but not limited to, the marriage of each petitioner, the death of each parent in lieu of a surrender of his or her parental rights, and compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children; (G) A completed form containing background information regarding the child, as required by the adoption unit of the department, or an equivalent medical and social history background form; and (H) A copy of the home study report; (4) When the adoption is pursuant to subsection (a) of Code Section 19-8-6, the following shall be provided or attached to the petition for adoption or its absence explained when the petition for adoption is filed:

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(A) The original written voluntary surrender of rights of each parent, biological father who is not a legal father, or guardian specified in subsection (e) of Code Section 19-8-6; (B) The original written acknowledgment of surrender of rights specified in subsection (f) of Code Section 19-8-6; (C) The original affidavits specified in subsections (g) and (h) of Code Section 19-8-6; (D) The original consent specified in subsection (j) of Code Section 19-8-6; (E) A copy of the appropriate form verifying the allegation of compliance with Code Section 19-8-12 and the original certification evidencing the search of the putative father registry; (F) Uncertified copies of appropriate certificates or forms verifying the allegations contained in such petition as to guardianship of the child, including, but not limited to, the birth of the child, the marriage of each petitioner, and the death of each parent in lieu of a surrender of his or her parental rights; and (G) A completed form containing background information regarding the child, as required by the adoption unit of the department, or an equivalent medical and social history background form; (5) When the adoption is pursuant to subsection (a) of Code Section 19-8-7, the following shall be provided or attached to the petition for adoption or its absence explained when the petition for adoption is filed: (A) The original written voluntary surrender of rights of each parent or biological father who is not a legal father specified in subsection (e) of Code Section 19-8-7; (B) The original written acknowledgment of surrender of rights specified in subsection (f) of Code Section 19-8-7; (C) The original affidavits specified in subsections (g) and (h) of Code Section 19-8-7; (D) A copy of the appropriate form verifying the allegation of compliance with Code Section 19-8-12 and the original certification evidencing the search of the putative father registry; (E) Uncertified copies of appropriate certificates or forms verifying allegations contained in the petition as to guardianship or custody of the child and the birth of the child, including but not limited to, the marriage of each petitioner, the death of each parent in lieu of a surrender of his or her parental rights, and compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children; (F) A completed form containing background information regarding the child, as required by the adoption unit of the department, or an equivalent medical and social history background form; (6)(A) When the adoption is pursuant to subsection (a) of Code Section 19-8-8, the following shall be provided or attached to the petition for adoption when the petition for adoption is filed:
(i) A copy of the child's passport page showing an immediate relative immigrant visa or Hague Convention immigrant visa obtained to grant the child entry into the United States as a result of a full and final adoption in the foreign country; and

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(ii) A copy along with an English translation of the child's birth certificate or registration. (B) Because the issuance of an immediate relative immigrant visa or Hague Convention immigrant visa by the United States Department of State in the child's passport is prima-facie evidence that all parental rights have been terminated and that the child is legally available for adoption, it shall not be necessary to file any documents related to the surrender or termination of the parental rights of the child's parents or comply with Code Section 19-8-12 regarding the rights of a biological father who is not a legal father when the petition for adoption is filed pursuant to subsection (a) of Code Section 19-8-8. (C) When the adoption is pursuant to subsection (b) of Code Section 19-8-8, the following shall be provided or attached to the petition for adoption when the petition for adoption is filed: (i) A copy along with an English translation of the final decree or order of guardianship from the foreign country; (ii) Copies of all postplacement reports, if required by the foreign country that entered the guardianship decree or order; (iii) Authorization to proceed with adoption if specifically required by the decree or order entered by the court or administrative agency in the foreign country; (iv) A copy of the child's passport page showing an immediate relative immigrant visa or Hague Convention immigrant visa obtained to grant the child entry into the United States in order to finalize his or her adoption; and (v) A copy along with an English translation of the child's birth certificate or registration; (7) When Code Section 19-8-10 is applicable, parental rights need not be surrendered or terminated prior to the filing of the petition for adoption; but the petitioner shall, in lieu of obtaining and attaching those otherwise required surrenders of rights, acknowledgments, and affidavits, allege facts in the petition for adoption demonstrating the applicability of subsection (a) or (b), or both, of Code Section 19-8-10 and shall also allege compliance with subsection (c) of Code Section 19-8-10; and (8) If the petition for adoption is filed in a county other than that of the petitioner's residence, the reason therefor shall be set forth in such petition. (b) At the time of filing the petition for adoption, the petitioner shall deposit with the clerk the deposit required by Code Section 9-15-4; the fees shall be those established by Code Sections 15-6-77, 15-6-77.1, and 15-6-77.2. (c) Each petitioner for adoption in any proceeding for the adoption of a child pursuant to Code Section 19-8-5 shall file with the petition for adoption, in a manner acceptable to the court, a report fully accounting for all disbursements of anything of value made or agreed to be made, directly or indirectly, by, on behalf of, or for the benefit of the petitioner in connection with the adoption, including, but not limited to, any expenses incurred in connection with:

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(1) The birth of the child; (2) Placement of the child with the petitioner; (3) Counseling services or legal services for a legal mother; (4) Reasonable expenses for the biological mother as set forth in subparagraph (c)(1)(C) or (c)(1)(D) of Code Section 19-8-24; (5) Medical or hospital care received by the biological mother or by the child during such mother's prenatal care and confinement; and (6) Services relating to the adoption or to the placement of the child for adoption which were received by or on behalf of the petitioner, either biological parent of the child, or any other individual. (d) Every attorney for a petitioner in any proceeding for the adoption of a child pursuant to Code Section 19-8-5 shall file, in a manner acceptable to the court, before the decree of adoption is entered, an affidavit detailing all sums paid or promised to that attorney, directly or indirectly, from whatever source, for all services of any nature rendered or to be rendered in connection with the adoption; provided, however, that, if the attorney received or is to receive less than $500.00, the affidavit need only state that fact. (e) Any report made under this Code section shall be signed under oath and in the presence of a notary public by the individual making the report. (f)(1) As used in this subsection, the term 'family member' shall have the same meaning as set forth in Code Section 19-7-3. (2) Whenever a family member other than the petitioner has visitation rights to such child granted pursuant to Code Section 19-7-3, the petitioner shall cause a copy of the petition for adoption to be served upon the family member with the visitation rights or upon such family member's counsel of record at least 30 days prior to the date upon which the petition for adoption will be considered as such time frames are set forth in Code Section 19-8-14. (g) Notwithstanding Code Sections 19-8-5 and 19-8-7 and this Code section which require obtaining and attaching a written voluntary surrender of rights and acknowledgment thereof and affidavits of a legal mother and a representative of the petitioner or of the individual signing such surrender, when the adoption is sought under subsection (a) of Code Section 19-8-5 or 19-8-7 following the termination of parental rights and the placement of the child by the juvenile court pursuant to Code Section 15-11-321, obtaining and attaching to the petition for adoption a certified copy of the order terminating parental rights of the parent shall take the place of obtaining and attaching those otherwise required surrenders of rights, acknowledgments, and affidavits. (h)(1) A petition for adoption regarding a child who has a living biological father who is not a legal father and who has not surrendered his rights to the child shall include a certificate from the putative father registry disclosing the name, address, and social security number of any registrant acknowledging paternity of the child pursuant to subparagraph (d)(2)(A) of Code Section 19-11-9 or indicating the possibility of paternity of such child pursuant to subparagraph (d)(2)(B) of Code Section 19-11-9 for a period

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beginning no later than two years immediately prior to the child's date of birth. Such certificate shall indicate the results of a search of the registry on or after the earliest of the following:
(A) The date of a legal mother's surrender of parental rights; (B) The date of entry of the court order terminating a legal mother's parental rights; or (C) The date of a legal mother's consent to adoption pursuant to Code Section 19-8-6 (2) Such certificate shall include a statement that the registry is current as of the earliest date listed in subparagraphs (A) through (D) of paragraph (1) of this subsection, or as of a specified date that is later than the earliest such date. (3) When a legal mother of the child who is the subject of the proceeding identifies her husband as the biological father of the child and he has executed a surrender of his parental rights in favor of the petitioner, the petitioner shall obtain a certificate from the putative father registry and submit it with the petition for adoption to confirm that no male other than the legal mother's husband has expressed an interest in the child or to identify a registrant other than the legal mother's husband who shall be notified pursuant to Code Section 19-8-12. (i) Because adoption records are sealed pursuant to subsection (a) of Code Section 19-8-23, it shall not be necessary to redact social security numbers, taxpayer identification numbers, financial account numbers, or dates of birth from pleadings and all documents filed therewith that are filed pursuant to this article as they are deemed to be a filing under seal under subsection (d) of Code Section 9-11-7.1.

19-8-14. (a) It is the policy of this state that, in the best interests of the child, uncontested adoption petitions shall be heard as soon as possible but not later than 120 days after the date of filing, unless the petitioner has failed to arrange for the court to receive the report required by Code Section 19-8-16 or has otherwise failed to provide the court with all exhibits, surrenders of rights, or certificates required by this article within that time period. It is the policy of this state that, in contested adoption petitions, the parties shall make every effort to have the petition considered by the court as soon as practical after the date of filing, taking into account the circumstances of the petition and the best interests of the child. (b) Upon the filing of the petition for adoption, accompanied by the filing fee unless such fee is waived, it shall be the responsibility of the clerk to accept such petition as filed. Such petition shall not be subject to court approval before it is filed. (c) Upon the filing of the petition for adoption, the court shall fix a date upon which such petition shall be considered, which date shall be not less than 45 days from the date of the filing of such petition and shall not be less than 30 days following the last date a parent or biological father is deemed to have received service of notice as required in those cases when Code Section 19-8-10 or 19-8-12, or both, is applicable. (d) Notwithstanding subsections (a) and (c) of this Code section, it shall be the petitioner's responsibility to request that the court hear the petition for adoption on a date that allows

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sufficient time for fulfillment of the notice requirements of Code Sections 19-8-10 and 19-8-12, when applicable. (e) In the best interests of the child, the court may hear the petition for adoption less than 45 days from the date of its filing upon a showing by the petitioner that no further notice is required or any statutory requirement of notice to any individual will be fulfilled at an earlier date, and provided that any report required by Code Section 19-8-16 has been completed or will be completed at an earlier date. (f) The court in the child's best interests may grant such expedited hearings or continuances as may be necessary for completion of applicable notice requirements, investigations, a home study, and reports or for other good cause shown. (g) Copies of the petition for adoption and all documents filed in connection therewith, including, but not limited to, the order fixing the date upon which such petition shall be considered, motions, other pleadings filed, all orders entered in connection with such petition, and all exhibits, surrenders of rights, or certificates required by this article, shall be forwarded by the clerk to the department within 15 days after the date of such filing for retention by the State Adoption Unit of the department. (h) Copies of the petition for adoption, the order fixing the date upon which such petition shall be considered, and all exhibits, surrenders of rights, or certificates required by this article shall be forwarded by the clerk to the agent appointed by the court pursuant to Code Section 19-8-16 within 15 days after the filing of the petition for adoption, together with a request that a report and investigation be made as required by Code Section 19-8-16. (i) The clerk of court shall provide the petitioner or his or her attorney with a copy of the petition for adoption and of each amendment, motion, and other pleading filed with a stamp confirming the date each pleading was filed with the court and shall also provide the petitioner or his or her attorney with a copy of each order entered by the court in the adoption proceeding, confirming the date the order was filed of record by the court.

19-8-15. (a) As used in this Code section, the term 'family member' shall have the same meaning as set forth in Code Section 19-7-3. (b) If a legal mother and biological father, whether he was a legal father or not, of the child who is the subject of the proceeding are both deceased, regardless of whether either individual had surrendered his or her parental rights or had his or her rights terminated, it shall be the privilege of any individual related by blood to such child to file objections to the petition for adoption. (c) A family member with visitation rights to a child granted pursuant to Code Section 19-7-3 shall have the privilege to file objections to the petition for adoption if neither parent has any further rights to the child and if the petition for adoption has been filed by a blood relative of the child. The court, after hearing such objections, shall determine, in its discretion, whether or not such objections constitute a good reason for denying the petition for adoption and the court shall have the authority to grant or continue

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such visitation rights of the family member of the child in the adoption order in the event the adoption by the blood relative is approved by the court.

19-8-16. (a) Prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of the agent appointed by the court to verify the allegations in the petition for adoption, to make a complete and thorough investigation of the entire matter, including any specific issue the court requests to be investigated, and to report its findings and recommendations in writing to the court where the petition for adoption was filed. The agent may be the department, a child-placing agency, an evaluator, or an individual who the court determines is qualified to conduct the required investigation. The agent appointed by the court shall also provide the petitioner or his or her attorney with a copy of its report. If for any reason the agent appointed by the court finds itself unable to make or arrange for the proper investigation and report, it shall be the duty of the agent to notify the court immediately, or at least within 20 days after receipt of the request for investigation service, that it is unable to make the report and investigation, so that the court may take such other steps as in its discretion are necessary to have the investigation and report prepared. The investigation required by this Code section shall be in addition to the requirement of a home study in the case of a petition for adoption filed pursuant to subsection (a) of Code Section 19-8-5. (b) If the petition for adoption has been filed pursuant to subsection (a) of Code Section 19-8-6 or 19-8-7, the court shall be authorized but shall not be required to appoint an agent to make an investigation pursuant to subsection (a) of this Code section; provided, however, that a home study shall not be required.
(c)(1) If the petition for adoption has been filed pursuant to Code Section 19-8-8, the appointment of an agent to make an investigation and render a report pursuant to subsection (a) of this Code section shall not be required. (2) If the petition for adoption has been filed pursuant to Code Section 19-8-4 and the department or child-placing agency has consented to the adoption, the appointment of an agent to make an investigation and render a report pursuant to subsection (a) of this Code section shall not be required. (d) The court shall require the petitioner to submit to a criminal history records check. The petitioner shall submit his or her fingerprints to the Georgia Crime Information Center with the appropriate fee. The center shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and shall obtain an appropriate report. The Georgia Crime Information Center shall also promptly conduct a search of its records and any records to which it has access. The center shall notify the court in writing of the presence or absence of any criminal record from the state fingerprint records check. In those cases when the petitioner has submitted a fingerprint based criminal history report that includes the results of a records search of both the Georgia Crime Information Center and the Federal Bureau of Investigation to the department, child-placing agency, or

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evaluator as part of the home study and such results are dated within 12 months of filing of the petition for adoption and are included in the home study report filed with or otherwise made available to the court, such results shall satisfy the requirements of this subsection. Because the court shall not be authorized to share the results of the fingerprint records check with the agent appointed by the court pursuant to subsection (a) or (e) of this Code section, the court shall determine the acceptability of the petitioner's criminal history, inform the petitioner or his or her attorney at least five days prior to the final hearing on the petition for adoption if the court will require additional evidence with respect to the petitioner's criminal history or if the court is inclined to deny such petition because of such criminal history, and afford the petitioner or his or her attorney an opportunity to present evidence as to why the petitioner's criminal history should not be grounds for denial of such petition. (e) The court shall require the petitioner to reimburse the agent appointed by the court, including the department, for the full cost of conducting the investigation and preparing its report. Such cost shall not exceed $250.00 unless specifically authorized by the court, provided that the court shall furnish the petitioner or his or her attorney with written notice of the name of the agent that the court intends to appoint and the amount of any increased costs, together with a request to agree to pay such increased costs. If the petitioner does not agree to pay the increased costs, then the petitioner shall have an opportunity to present to the court information regarding other persons that are qualified to conduct the investigation and render the report to the court and the cost of their services, and the court shall appoint the person that is qualified to conduct the investigation and render the report to the court at the lowest cost to the petitioner.

19-8-17. (a) The report and findings of the investigating agent appointed by the court pursuant to Code Section 19-8-16 shall include, among other things, the following:
(1) Verification of allegations contained in the petition for adoption; (2) Circumstances under which the child came to be placed for adoption; (3) Whether each prospective adoptive parent is financially, physically, and mentally able to have the permanent custody of the child; in considering financial ability any adoption supplement approved by the department shall be taken into account; (4) The physical and mental condition of the child, insofar as this can be determined by the aid of competent medical authority; (5) Whether or not the adoption is in the best interests of the child, including his or her general care; (6) Suitability of the home to the child; (7) If applicable, whether the identity and location of a biological father who is not a legal father are known or ascertainable and whether the requirements of Code Section 19-8-12 were complied with;

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(8) Any other information that might be disclosed by the investigation that in the agent's opinion would be of value or interest to the court in deciding the case; and (9) Any other information that might be disclosed by the investigation in response to any specific issue that the court requested be investigated in its order appointing such agent. (b) If the report of the investigating agent disapproves of the adoption of the child, motion may be made by the investigating agent to the court to dismiss the petition for adoption and the court after hearing such motion shall be authorized to dismiss such petition. If the court denies the motion to dismiss, the court shall appoint a guardian ad litem who may appeal the ruling to the Court of Appeals or Supreme Court, as in other cases, as provided by law. (c) If at any time it appears to the court that the interests of the child may conflict with those of any petitioner, the court may, in its discretion, appoint a guardian ad litem to represent the child and the cost thereof shall be a charge upon the funds of the county.

19-8-18. (a)(1) Upon the date appointed by the court for a hearing of the petition for adoption or as soon thereafter as the matter may be reached for a hearing, the court shall proceed to a full hearing on such petition and the examination of the parties at interest in chambers, under oath, with the right of continuing the hearing and examinations from time to time as the nature of the case may require. The court at such times shall give consideration to the investigation report to the court provided for in Code Section 19-8-16 and the recommendations contained in such report. The court may in its discretion allow the petitioner or any witness to appear via electronic means in lieu of requiring his or her physical presence before the court. (2) The court shall examine the petition for adoption and the affidavit specified in subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, as appropriate, to determine whether Code Section 19-8-12 is applicable. If the court determines that Code Section 19-8-12 is applicable to the petition for adoption, it shall: (A) Determine that an appropriate order has previously been entered; (B) Enter an order consistent with Code Section 19-8-12; or (C) Continue the hearing until Code Section 19-8-12 is complied with. (3) If the adoption petition is filed pursuant to subsection (a) of Code Section 19-8-5, the court shall examine the financial disclosures required under subsections (c) and (d) of Code Section 19-8-13 and make such further examination of each petitioner and his or her attorney as the court deems appropriate in order to make a determination as to whether there is cause to believe that Code Section 19-8-24 has been violated with regard to the inducement, as such term is defined in Code Section 19-8-24, of the placement of the child for adoption. Should the court determine that further inquiry is in order, the court shall direct the district attorney for the county to review the matter further and to take such appropriate action as the district attorney in his or her discretion deems appropriate.

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(b)(1) If the petition for adoption was filed pursuant to Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, the court shall enter a decree of adoption naming the child as prayed for in such petition; terminating all of the rights of each living parent, guardian, and legal custodian of the child, other than the spouse of the petitioner in the case of a stepparent adoption pursuant to Code Section 19-8-6; granting the permanent custody of the child to each petitioner; and declaring the child to be the adopted child of each petitioner if the court is satisfied that:
(A) Each living parent or guardian of the child has surrendered or had terminated all of his or her rights to the child in the manner provided by law or that each petitioner has complied with the notice requirements of subsection (c) of Code Section 19-8-10 and satisfied his or her burden of proof under Code Section 19-8-10 or that the spouse has consented to the petitioner's adoption of the child as required by Code Section 19-8-6; (B) Each petitioner is capable of assuming responsibility for the care, supervision, training, and education of the child; (C) The child is suitable for adoption in a private family home; and (D) The adoption requested is in the best interests of the child. (2) When Code Section 19-8-10 has been relied upon by any petitioner for the termination of rights of a living parent, the court shall include in the decree of adoption appropriate findings of fact and conclusions of law relating to the termination of rights of such living parent and the court's determination that the adoption is in the child's best interests. (3) When the child was born in a country other than the United States, the court shall examine the evidence submitted and determine that sufficient evidence has been proffered to show that the child will be able to obtain lawful permanent resident status, if not already obtained, before the court shall have authority to determine if it is in the best interests of the child to grant the petition for adoption. (4) If there is an existing visitation order pursuant to Code Section 19-7-3 in favor of a family member, the court shall have the authority to continue or discontinue such visitation rights in the adoption order as it deems is in the best interests of the child. (c) If the petition for adoption was filed pursuant to subsection (a) of Code Section 19-8-8 and if the court is satisfied that the petitioner has fully complied with the requirements of Code Section 19-8-13 and has established that he or she finalized his or her adoption of the child in the foreign country, then the court shall enter a decree of adoption naming the child as prayed for in such petition; domesticating the foreign decree of adoption; granting the permanent custody of the child to each petitioner; changing the date of birth of the child if so requested, provided that evidence was presented justifying such change; and declaring the child to be the adopted child of each petitioner. Notwithstanding the requirements of subsection (a) of this Code section, the court may domesticate the foreign decree of adoption upon the pleadings without a hearing. (d) If the petition for adoption was filed pursuant to subsection (b) of Code Section 19-8-8, the court shall enter a decree of adoption naming the child as prayed for in such petition;

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terminating the guardianship; granting the permanent custody of the child to each petitioner; changing the date of birth of the child if so requested, provided that evidence was presented justifying such change; and declaring the child to be the adopted child of each petitioner if the court is satisfied that the petitioner has fully complied with the requirements of Code Section 19-8-13 and that:
(1) Each petitioner in his or her capacity as guardian of the child has surrendered all of his or her rights to the child in the manner provided by law; (2) Each petitioner is capable of assuming responsibility for the care, supervision, training, and education of the child; (3) The child is suitable for adoption in a private family home; and (4) The adoption requested is in the best interests of the child. (e) In exercising its discretion to determine whether the adoption requested is in the best interests of the child, the court shall consider the following factors: (1) The ability of each petitioner and, if applicable, each respondent to provide for the physical safety and welfare of the child, including food, shelter, health, and clothing; (2) The love, affection, bonding, and emotional ties existing between the child and each petitioner and, if applicable, each respondent; (3) The child's need for permanence, including the child's need for stability and continuity of relationships with his or her siblings; (4) The capacity and disposition of each petitioner and, if applicable, each respondent to give the child his or her love, affection, and guidance and to continue the education and rearing of the child; (5) The home environment of each petitioner and, if applicable, each respondent, considering the promotion of the child's nurturance and safety rather than superficial or material factors; (6) The stability of the family unit and the presence or absence of support systems within the community to benefit the child; (7) The mental and physical health of all individuals involved; (8) The home, school, and community record and history of the child, as well as any health or educational special needs of the child; (9) The child's background and ties, including familial, cultural, and religious; (10) The uniqueness of every family and child; (11) The child's wishes and long-term goals; (12) Any evidence of family violence, substance abuse, criminal history, or sexual, mental, or physical child abuse in the petitioner's home and, if applicable, each respondent's home; (13) Any recommendation by a court appointed agent or guardian ad litem; and (14) Any other factors considered by the court to be relevant and proper to its determination. (f) If the court determines that any petitioner has not complied with this article, it may dismiss the petition for adoption without prejudice or it may continue the case. Should the

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court find that any notice required to be given by any petitioner under this article has not been given or has not been properly given or that the petition for adoption has not been properly filed, the court shall be authorized to enter an order providing for corrective action and an additional hearing. (g) If the court is not satisfied that the adoption is in the best interests of the child, it shall deny the petition for adoption. If such petition is denied because the court determines that the adoption requested is not in the best interests of the child or for any other reason under law, the court shall set forth specific findings of fact explaining its decision in its order denying the adoption and shall commit the child to the custody of the department, a child-placing agency, or an out-of-state licensed agency if such petition was filed pursuant to Code Section 19-8-4. If such petition was filed pursuant to Code Section 19-8-5, the court shall commit the child to the third party named by the parent in the written surrender of rights pursuant to subsection (a) of Code Section 19-8-5; and if there is no surrender of rights, the court shall place the child with the department for the purpose of determining whether or not a petition should be initiated under Chapter 11 of Title 15. If such petition was filed pursuant to Code Section 19-8-6, 19-8-7, or 19-8-8, the child shall remain in the custody of each petitioner if each petitioner is fit to have custody or the court may place the child with the department for the purpose of determining whether or not a petition should be initiated under Chapter 11 of Title 15. If the petition for adoption is denied, each surrender of rights executed in support of the adoption, whether by a parent, biological father who is not a legal father, or guardian, shall be dissolved by operation of law and the individual's rights shall be restored. The fact that the individual executed a surrender of his or her rights in support of the adoption shall not be admissible as evidence against him or her in any subsequent proceeding. (h) A decree of adoption issued pursuant to subsection (b) of this Code section shall not be subject to any judicial challenge filed more than six months after the date of entry of such decree. Notwithstanding Code Section 9-3-31, any action for damages against an adoptee or the adoptive parents for fraud in obtaining a consent or surrender of rights shall be brought within six months of the time the fraud is or ought to reasonably have been discovered. (i) Notwithstanding subsection (a) of Code Section 19-8-23, the decree of adoption issued pursuant to subsection (b) of this Code section shall authorize the clerk of the court to issue one or more certified copies of the decree of adoption to the petitioner or his or her attorney at the time of entry of the final decree without further order of the court and without cost.

19-8-19. (a) A decree of adoption, whether issued by a court of this state or by a court of any other jurisdiction, shall have the following effect as to matters within the jurisdiction of or before a court in this state:
(1) Except with respect to a spouse of the petitioner and relatives of the spouse, a decree of adoption shall terminate all legal relationships between the adopted individual and his

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or her relatives, including his or her parent, so that the adopted individual thereafter shall be a stranger to his or her former relatives for all purposes, including inheritance and the interpretation or construction of documents, statutes, and instruments, whether executed before or after the adoption is decreed, which do not expressly include the individual by name or by some designation not based on a parent and child or blood relationship; and (2) A decree of adoption shall create the relationship of parent and child between each petitioner and the adopted individual, as if the adopted individual were a child of biological issue of that petitioner. The adopted individual shall enjoy every right and privilege of a biological child of that petitioner; shall be deemed a biological child of that petitioner, to inherit under the laws of descent and distribution in the absence of a will, and to take under any instrument of testamentary gift, bequest, devise, or legacy, whether executed before or after the adoption is decreed, unless expressly excluded therefrom; shall take by inheritance from relatives of that petitioner; and shall also take as a child of that petitioner under a class gift made by the will of a third person. (b) Notwithstanding subsection (a) of this Code section, if a parent of a child dies without the relationship of parent and child having been previously terminated by court order, the child's right of inheritance from or through the deceased parent shall not be affected by the adoption.

19-8-20. (a) Upon the entry of the decree of adoption, the clerk of the court granting the same shall forward a copy of the decree, together with the original of the investigation report and background information filed with the court, to the department. If there is any subsequent order or revocation of the adoption, a copy of same in like manner shall be forwarded by the clerk to the department. (b) At any time after the entry of the decree of adoption, upon the request of an adopted individual who has reached 18 years of age or upon the request of any adopting parent, the clerk of the court granting the decree shall issue to that requesting adopted individual or adopting parent a certificate of adoption, under the seal of the court, upon payment to the clerk of the fee prescribed in paragraph (4) of subsection (g) of Code Section 15-6-77, which adoption certificate shall be received as evidence in any court or proceeding as primary evidence of the facts contained in the certificate. (c) The adoption certificate shall conform substantially to the following form:
'This is to certify that _______________________ (names of each adopting parent) have obtained a decree of adoption for _______________________ (full name of adoptee and date of birth of adoptee) in the Superior Court of __________ County, Georgia, on the ______ day of ______________, as shown by the court's records____________ (adoption file number).

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Given under the hand and seal of said court, this the ______ day of ______________, ____.

______________________________ Clerk'

19-8-21. (a) Adult individuals may be adopted on giving written consent to the adoption. In such cases, adoption shall be by a petition duly verified and filed, together with one conformed copy, in the superior court in the county in which any petitioner or the adult to be adopted resides, setting forth the name, age, and residence of each petitioner and of the adult to be adopted, the name by which the adult is to be known, and his or her written consent to the adoption. The court may assign the petition for adoption for hearing at any time. The petition for adoption shall state whether one or both parents of the adult to be adopted will be replaced by the grant of such petition, and if only one parent is to be replaced, then the decree of adoption shall make clear which parent is to be replaced by adoption. After examining each petitioner and the adult to be adopted, the court, if satisfied that there is no reason why the adoption should not be granted, shall enter a decree of adoption and, if requested, shall change the name of the adopted adult. Thereafter, the relation between each petitioner and the adopted adult shall be, as to their legal rights and liabilities, the same as the relation of a parent and adult child. (b) Code Sections 19-8-19 and 19-8-20 shall also apply to the adoption of adults.

19-8-22. (a) A decree of a court or an administrative proceeding terminating the relationship of parent and child, establishing the relationship of guardian and ward, or establishing the relationship of parent and child by adoption, issued pursuant to due process of law by a court or administrative body of any other jurisdiction within or outside the United States, or the clear and irrevocable release or consent to adoption by the guardian of a child when the appointment of the guardian has been certified by the appropriate and legally authorized court or agency of the government of the foreign country, shall be recognized in this state; and the rights and obligations of the parties as to matters within the jurisdiction of this state shall be determined as though any such decree were issued by a court of this state and any such consent or release shall be deemed to satisfy the requirements of Code Sections 19-8-4, 19-8-5, 19-8-6, 19-8-7, 19-8-8, and 19-8-12. (b) Any adoption proceeding in this state in which a final order of adoption was entered by the court prior to April 1, 1986, and to which subsection (a) of this Code section would have been applicable if said subsection had been effective at the time such proceeding was filed or concluded shall be governed by subsection (a) of this Code section.

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19-8-23. (a)(1) The original petition for adoption, all amendments, attachments, and exhibits thereto, all motions, documents, affidavits, records, and testimony filed in connection therewith, and all decrees or orders of any kind whatsoever, except the original investigation report and background information referred to in Code Section 19-8-20, shall be recorded in a book kept for such purpose and properly indexed; and such book shall be part of the records of the court in each county which has jurisdiction over matters of adoption in that county. All of such court records, including the docket book, that relate in any manner to the adoption shall be kept sealed and locked. The department shall keep its records that relate in any manner to an adoption sealed and locked. (2) The court records and department records may be examined by the parties at interest in the adoption and their attorneys when, after written petition, which shall be filed under seal, has been presented to the court having jurisdiction and after the department and the appropriate child-placing agency or out-of-state licensed agency, if any, have received at least 30 days' prior written notice of the filing of such petition, the matter has come on before the court in chambers and the court has entered an order permitting such examination. (3) Notwithstanding paragraph (2) of this subsection, if the adoptee who is the subject of the records sought to be examined is less than 18 years of age at the time the petition for examination is filed and such petitioner is someone other than one of the adoptive parents of the adoptee, then the department shall provide written notice of such proceedings to the adoptive parents by certified mail, return receipt requested, or statutory overnight delivery at the last address the department has for such adoptive parents, and the court shall continue any hearing on such petition until not less than 60 days after the date the notice to the adoptive parents was sent. Each such adoptive parent shall have the right to appear in person or through counsel and show cause why such records should not be examined. Adoptive parents may provide the department with their current address for purposes of receiving notice under this subsection by mailing that address to: State Adoption Unit Department of Human Services Atlanta, Georgia 30303
(b) The department or child-placing agency may, in its sole discretion, make use of any information contained in the records of the respective department or child-placing agency relating to the adoptive parents in connection with a subsequent adoption matter involving the same adoptive parents or to provide notice when required by subsection (a) of this Code section. (b.1) The department may, in its sole discretion, make use of any information contained in the records of the department concerning an adopted child and the adopted child's biological parents in connection with the placement of another child in the home of the adoptive parents of the child or in connection with the investigation of a report of child abuse or neglect made concerning the adopted child's biological parents.

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(c) The department or child-placing agency may, in its sole discretion, make use of any information contained in its records on a child when an adoption disrupts after finalization and when such records are required for the permanent placement of such child, or when the information is required by federal law.
(d)(1) Upon the request of a party at interest in the adoption, a child, legal guardian, or health care agent of an adopted individual or a provider of medical services to such a party, child, legal guardian, or health care agent when certain information would assist in the provision of medical care, a medical emergency, or medical diagnosis or treatment, the department or child-placing agency shall access its own records on finalized adoptions for the purpose of adding subsequently obtained medical information or releasing nonidentifying medical and health history information contained in its records pertaining to an adopted individual or the biological parents or relatives of the biological parents of the adopted individual. For purposes of this paragraph, the term 'health care agent' shall have the meaning provided by Code Section 31-32-2. (2) Upon receipt by the State Adoption Unit of the department or by a child-placing agency of documented medical information relevant to an adoptee, the department or child-placing agency shall use reasonable efforts to contact the adoptive parents of the adoptee if the adoptee is under 18 years of age or the adoptee if he or she is 18 years of age or older and provide such documented medical information to the adoptive parents or the adult adoptee. The department or child-placing agency shall be entitled to reimbursement of reasonable costs for postage and photocopying incurred in the delivery of such documented medical information to the adoptive parents or adult adoptee. (e) Records relating in any manner to adoption shall not be open to the general public for inspection. (f)(1) Notwithstanding Code Section 19-8-1, for purposes of this subsection, the term:
(A) 'Biological parent' means the biological mother or biological father who surrendered such individual's rights or had such rights terminated by court order giving rise to the adoption of the child. (B) 'Commissioner' means the commissioner of human services or his or her designee. (C) 'Department' means the Department of Human Services or, when the Department of Human Services so designates, the county division of family and children services which placed for adoption the individual seeking, or on whose behalf is sought, information under this subsection. (D) 'Placement agency' means the child-placing agency, as defined in paragraph (5) of Code Section 19-8-1, which placed for adoption the individual seeking, or on whose behalf is sought, information under this subsection. (2) The department or a placement agency, upon the written request of an adopted individual who has reached 18 years of age or upon the written request of an adoptive parent on behalf of that parent's adopted child, shall release to such adopted individual or to the adoptive parent on the child's behalf nonidentifying information regarding such adopted individual's biological parents and information regarding such adopted

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individual's birth. Such information may include the date and place of birth of the adopted individual and the genetic, social, and health history of the biological parents. No information released pursuant to this paragraph shall include the name or address of either biological parent or the name or address of any relative by birth or marriage of either biological parent.
(3)(A) The department or a placement agency, upon the written request of an adopted individual who has reached 18 years of age, shall release to such adopted individual the name of such individual's biological parent, together with a detailed summary of all information the department or placement agency has concerning the adoptee's birth, foster care, placement for adoption, and finalization of his or her adoption, if:
(i) A biological parent whose name is to be released has submitted unrevoked written permission to the department or placement agency for the release of that parent's name to the adopted individual; (ii) The identity of a biological parent submitting permission for the release of that parent's name has been verified by the department or placement agency; and (iii) The department or placement agency has records pertaining to the finalized adoption and to the identity of a biological parent whose name is to be released. (B) If the adopted individual is deceased and leaves a child, such child, upon reaching 18 years of age, may seek the name and other identifying information concerning his or her grandparents in the same manner as the deceased adopted individual and subject to the same procedures contained in this Code section. (4)(A) If a biological parent has not filed written unrevoked permission for the release of that parent's name to the adopted child, the department or placement agency, within six months of receipt of the written request of the adopted individual who has reached 18 years of age, shall make diligent effort to notify each living biological parent identified in the original adoption proceedings or in other records of the department or placement agency relative to the adopted individual. For purposes of this subparagraph, the term 'notify' means a personal and confidential contact with each biological parent of the adopted individual. The contact shall be by an employee or agent of the placement agency which processed the pertinent adoption or by other agents or employees of the department. The contact shall be evidenced by the individual who notified each biological parent, certifying to the department or placement agency that each biological parent was given the following information: (i) The nature of the information requested by the adopted individual; (ii) The date of the request of the adopted individual; (iii) The right of each biological parent to file an affidavit with the placement agency or the department stating that such parent's identity should not be disclosed; (iv) The right of each biological parent to file a consent to disclosure with the placement agency or the department; and

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(v) The effect of a failure of each biological parent to file a consent to disclosure or an affidavit stating that the information in the sealed adoption file should not be disclosed. (B) If a biological parent files an unrevoked consent to the disclosure of that parent's identity, such parent's name, together with a detailed summary of all information the department or placement agency has concerning the adoptee's birth, foster care, placement for adoption, and finalization of his or her adoption, shall be released to the adopted individual who has requested such information as authorized by this paragraph. (C) If, within 60 days of being notified by the department or placement agency pursuant to subparagraph (A) of this paragraph, a biological parent has filed with the department or placement agency an affidavit objecting to such release, information regarding the identity of that biological parent shall not be released. (D)(i) If six months after receipt of the adopted individual's written request the placement agency or the department has been unable to notify a biological parent identified in the original adoption record or has been able to notify a biological parent identified in the original adoption record but has not obtained a consent to disclosure from the notified biological parent, then the identity of a biological parent may only be disclosed as provided in division (ii) or (iii) of this subparagraph. (ii) The adopted individual who has reached 18 years of age may petition the Superior Court of Fulton County to seek the release of the identity of each of his or her biological parents from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate each biological parent pursuant to this subparagraph without success or upon locating a biological parent has not obtained a consent to disclosure from the notified biological parent and that failure to release the identity of each biological parent would have an adverse impact upon the physical, mental, or emotional health of the adopted individual. (iii) If it is verified that a biological parent of the adopted individual is deceased, the department or placement agency shall be authorized to disclose the name and place of burial of the deceased biological parent, if known, together with a detailed summary of all information the department or placement agency has concerning the adoptee's birth, foster care, placement for adoption, and finalization of his or her adoption, to the adopted individual seeking such information without the necessity of obtaining a court order. (5)(A) Upon written request of an adopted individual who has reached 18 years of age or an individual who has reached 18 years of age and who is the sibling of an adopted individual, the department or placement agency shall attempt to identify and notify the siblings of the requesting party, if such siblings are at least 18 years of age. Upon locating the requesting party's sibling, the department or placement agency shall notify the sibling of the inquiry. Upon the written consent of a sibling so notified, the department or placement agency shall forward the requesting party's name and address

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to the sibling and, upon further written consent of the sibling, shall divulge to the requesting party the present name and address of the sibling. If a sibling cannot be identified or located, the department or placement agency shall notify the requesting party of such circumstances but shall not disclose any names or other information which would tend to identify the sibling. If a sibling is deceased, the department or placement agency shall be authorized to disclose the name and place of burial of the deceased sibling, if known, to the requesting party without the necessity of obtaining a court order.
(B)(i) If six months after receipt of the written request from an adopted individual who has reached 18 years of age or an individual who has reached 18 years of age and who is the sibling of an adopted individual, the department or placement agency has been unable to notify one or more of the siblings of the requesting party or has been able to notify a sibling of the requesting party but has not obtained a consent to disclosure from the notified sibling, then the identity of the siblings may only be disclosed as provided in division (ii) of this subparagraph. (ii) The adopted individual who has reached 18 years of age or an individual who has reached 18 years of age and who is the sibling of an adopted individual may petition the Superior Court of Fulton County to seek the release of the last known name and address of each of the siblings of the petitioning sibling, who are at least 18 years of age, from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate such siblings pursuant to subparagraph (A) of this paragraph without success or upon locating one or more of the siblings has not obtained a consent to disclosure from all the notified siblings and that failure to release the identity and last known address of said siblings would have an adverse impact upon the physical, mental, or emotional health of the petitioning sibling. (C) If the adopted individual is deceased and leaves a child, such child, upon reaching 18 years of age, may obtain the name and other identifying information concerning the siblings of his or her deceased parent in the same manner that the deceased adopted individual would be entitled to obtain such information pursuant to the procedures contained in this Code section. (6)(A) Upon written request of a biological parent of an adopted individual who has reached 18 years of age, the department or placement agency shall attempt to identify and notify the adopted individual. Upon locating the adopted individual, the department or placement agency shall notify the adopted individual of the inquiry. Upon the written consent of the adopted individual so notified, the department or placement agency shall forward such biological parent's name and address to the adopted individual, together with a detailed summary of all information the department or placement agency has concerning the adoptee's birth, foster care, placement for adoption, and finalization of his or her adoption, and, upon further written consent of the adopted individual, shall divulge to such requesting biological parent the present

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name and address of the adopted individual. If the adopted individual is deceased, the department or placement agency shall be authorized to disclose the name and place of burial of the deceased adopted individual, if known, to such requesting biological parent without the necessity of obtaining a court order.
(B)(i) If six months after receipt of the written request from a biological parent of an adopted individual who has reached 18 years of age, the department or placement agency has been unable to notify the adopted individual or has been able to notify the adopted individual but has not obtained a consent to disclosure from the notified adopted individual, then the identity of the adopted individual may only be disclosed as provided in division (ii) of this subparagraph. (ii) A biological parent of an adopted individual who has reached 18 years of age may petition the Superior Court of Fulton County to seek the release of the last known name and address of the adopted individual from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate such adopted individual pursuant to subparagraph (A) of this paragraph without success or upon locating the adopted individual has not obtained a consent to disclosure from the adopted individual and that failure to release the identity and last known address of said adopted individual would have an adverse impact upon the physical, mental, or emotional health of the petitioning biological parent. (C) If a biological parent is deceased, a parent or sibling of the deceased biological parent, or both, may obtain the name and other identifying information concerning the adopted individual in the same manner that the deceased biological parent would be entitled to obtain such information pursuant to the procedures contained in this Code section. (7) If an adoptive parent or the sibling of an adopted individual notifies the department or placement agency of the death of an adopted individual, the department or placement agency shall add information regarding the date and circumstances of the death to its records so as to enable it to share such information with a biological parent or sibling of the adopted individual if they make an inquiry pursuant to this Code section. (8) If a biological parent or his or her parent or sibling notifies the department or placement agency of the death of a biological parent or a sibling of an adopted individual, the department or placement agency shall add information regarding the date and circumstances of the death to its records so as to enable it to share such information with an adopted individual or sibling of the adopted individual if they make an inquiry pursuant to this Code section. (9) The State Adoption Unit within the department shall maintain a registry for the recording of requests by adopted individuals for the name of any biological parent, for the recording of the written consent or the written objections of any biological parent to the release of that parent's identity to an adopted individual upon the adopted individual's request, and for nonidentifying information regarding any biological parent which may

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be released pursuant to paragraph (2) of this subsection. The department and any placement agency which receives such requests, consents, or objections shall file a copy thereof with the State Adoption Unit. (10) The department or placement agency may charge a reasonable fee to be determined by the department for the cost of conducting any search pursuant to this subsection. (11) Nothing in this subsection shall be construed to require the department or placement agency to disclose to any party at interest, including but not limited to an adopted individual who has reached 18 years of age, any information which is not kept by the department or placement agency in its normal course of operations relating to adoption. (12) Any department employee or employee of any placement agency who releases information or makes authorized contacts in good faith and in compliance with this subsection shall be immune from civil liability or criminal responsibility for such release of information or authorized contacts. (13) Information authorized to be released pursuant to this subsection may be released under the conditions specified in this subsection, notwithstanding any other provisions of law to the contrary. (14) A placement agency which demonstrates to the department by clear and convincing evidence that the requirement that such agency search for or notify any biological parent, sibling, or adopted individual under subparagraph (A) of paragraph (4), (5), or (6) of this subsection will impose an undue hardship upon that agency shall be relieved from that responsibility, and the department shall assume that responsibility upon such finding by the department of undue hardship. The department's determination under this subsection shall be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (15) Whenever this subsection authorizes both the department and a placement agency to perform any function or requires the placement agency to perform any function which the department is also required to perform, the department or agency may designate an agent to perform that function and in so performing it the agent shall have the same authority, powers, duties, and immunities as an employee of the department or placement agency has with respect to performing that function.

19-8-24. (a)(1) It shall be unlawful for any person, organization, corporation, hospital, facilitator, or association of any kind whatsoever which is not a child-placing agency, a prospective adoptive parent who has a valid, approved preplacement home study report, or an attorney who is a member of the State Bar of Georgia representing a prospective adoptive parent who has a valid, approved preplacement home study report to advertise, whether in a periodical, by television, by radio, or by any other public medium or by any private means, including, but not limited to, letters, circulars, handbills, Internet postings including social media, and oral statements, that the person, organization, corporation,

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hospital, facilitator, or association will adopt children or will arrange for or cause children to be adopted or placed for adoption.
(2)(A) Any person, organization, corporation, hospital, facilitator, or association of any kind which is not a child-placing agency that places an advertisement concerning adoption or prospective adoption shall include in such advertisement its license number issued by the department; (B) Any attorney representing a prospective adoptive parent who has a valid, approved preplacement home study report who places an advertisement concerning adoption or prospective adoption shall include in such advertisement his or her State Bar of Georgia license number; and (C) Any individual who places an advertisement concerning being an adoptive parent shall include in such advertisement that he or she has a valid, approved preplacement home study report. (b) It shall be unlawful for any person, organization, corporation, hospital, facilitator, or association of any kind whatsoever to sell, offer to sell, or conspire with another to sell or offer to sell a child for money or anything of value, except as otherwise provided in this article. (c)(1) As used in this subsection, the term 'inducements' means any financial assistance, either direct or indirect, from whatever source, but shall expressly not include: (A) The payment or reimbursement of the medical expenses directly related to the biological mother's pregnancy and hospitalization for the birth of the child and medical care for such child if paid by a licensed child-placing agency or an attorney; (B) The payment or reimbursement of expenses for counseling services or legal services for a biological parent that are directly related to the placement by such parent of her or his child for adoption if paid by a licensed child-placing agency or an attorney; (C) The payment or reimbursement of reasonable living expenses for the biological mother if paid by a licensed child-placing agency; or (D) The payment or reimbursement of reasonable expenses for rent, utilities, food, maternity garments, and maternity accessories for the biological mother if paid from the trust account of an attorney who is a member of the State Bar of Georgia in good standing. (2) It shall be unlawful for any person, organization, corporation, hospital, facilitator, or association of any kind whatsoever to directly or indirectly hold out inducements to any biological parent to part with his or her child. (3) It shall be unlawful for any person, organization, corporation, hospital, facilitator, or association of any kind whatsoever to conspire with another to offer or provide inducements to a biological parent to part with his or her child. (4) It shall be unlawful for an individual to knowingly make false representations in order to obtain inducements.

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(5) The report and affidavit filed pursuant to subsections (c) and (d) of Code Section 19-8-13 shall include an itemized accounting of all expenses paid or reimbursed pursuant to this subsection. (d)(1) It shall be unlawful for an individual to knowingly accept expenses as set forth in subparagraph (c)(1)(C) or (c)(1)(D) of this Code section for the adoption of her child or unborn child if she knows or should have known that she is not pregnant or is not a legal mother. (2) It shall be unlawful for an individual to knowingly accept expenses as set forth in subparagraph (c)(1)(C) or (c)(1)(D) of this Code section from an adoption agency or an attorney without disclosing that he or she is receiving such expenses from another adoption agency or attorney in an effort to allow for the adoption of the same child or unborn child. (3) It shall be unlawful for an individual to knowingly make false representations in order to obtain expenses as set forth in subparagraph (c)(1)(C) or (c)(1)(D) of this Code section. (e) Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $10,000.00, imprisonment for not less than one nor more than ten years, or both. (f)(1) Subsection (a) of this Code section shall not apply to communication by private means, including written or oral statements, by an individual seeking to:
(A) Adopt a child or children; or (B) Place that individual's child or children for adoption, whether the communication occurs before or after the birth of such child or children. (2) Subsection (a) of this Code section shall not apply to any communication described in paragraph (1) of this subsection which contains the name of an attorney who is a member of the State Bar of Georgia, his or her address, his or her telephone number, or any combination of such information and which requests that the attorney named in such communication be contacted to facilitate the carrying out of the purpose, as described in subparagraph (A) or (B) of paragraph (1) of this subsection, of the individual making such personal communication. (g) Any child-placing agency or individual who is seeking to adopt or seeking to place a child for adoption who is damaged by a violation of this Code section may file a civil action to recover damages, treble damages, reasonable attorney's fees, and expenses of litigation.

19-8-25. (a) A written consent or surrender of rights, executed on or before August 31, 2018, shall, for purposes of an adoption proceeding commenced on or after September 1, 2018, be deemed to satisfy the surrender requirements of this article and it shall not be necessary to have any parent or guardian execute the documents required by Code Section 19-8-4,

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19-8-5, 19-8-6, or 19-8-7; however, all other applicable provisions of this article shall be complied with. (b) It is the legislative intent of this subsection to clarify and not to change the applicability of certain previously existing provisions of this article to adoption proceedings pending on August 31, 2018. Any decree of adoption issued in an adoption proceeding in which the adoption petition was filed in a superior court of this state prior to September 1, 2018, shall be valid if the adoption conformed to the requirements of this article either as they existed on August 31, 2018, or on September 1, 2018, and each such adoption decree is hereby ratified and confirmed.

19-8-26. (a) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-4 shall conform substantially to the following form:
'SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION

NOTICE TO PARENT OR GUARDIAN: This is an important legal document and by signing it, you are surrendering all of your rights to the child identified in this document, so as to place the child for adoption. Understand that you are signing this document under oath and that if you knowingly and willfully make a false statement in this document you will be guilty of the crime of false swearing. As explained below in paragraph 5, you have the right to revoke this surrender within four days from the date you sign it.

_______________

STATE OF GEORGIA COUNTY OF ____________________

Personally appeared before me, the undersigned officer duly authorized to administer oaths, ______________________________ (name of parent or guardian) who, after having been sworn, deposes and says as follows:

1. I, the undersigned, being mindful that my (male) (female) [circle one] child, born ______________________ (name of child) on ____________________ (birthdate of child) at ____:____ (A.M.) (P.M.) [circle one], should receive the benefits and advantages of a good home, to the end that (she) (he) [circle one] may be fitted for the requirements of life, consent to this surrender of my parental rights.

2.

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I, the undersigned, ____________________ (relationship to child) of the aforesaid child, do hereby surrender my rights to the child to _____________________________________ (name of child-placing agency, out-of-state licensed agency, or Department of Human Services, as applicable) and promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by _________________________________ (name of child-placing agency, out-of-state licensed agency, or Department of Human Services, as applicable) in providing for the child, I do relinquish all rights to the child named in this document, it being my wish, intent, and purpose to relinquish absolutely all parental control over the child. Furthermore, I hereby agree that the ________________________________________ (name of child-placing agency, out-of-state licensed agency, or Department of Human Services, as applicable) may seek for the child a legal adoption by such individual or individuals as may be chosen by the ______________________________ (name of child-placing agency, out-of-state licensed agency, or Department of Human Services, as applicable) or its authorized agents, without further notice to me. I do, furthermore, expressly waive any other notice or service in any of the legal proceedings for the adoption of the child.

3. I understand that under Georgia law an agent appointed by the court is required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child, and I hereby agree to cooperate fully with such agent in the conduct of its investigation.

4. I understand that I will receive a copy of this document after the witness and I have signed it and it has been notarized.

5. I understand that under Georgia law I have the unconditional right to a four-day revocation period.

I understand I may only revoke this surrender by giving written notice, delivered in person or mailed by registered mail or statutory overnight delivery, to ____________________________________________________ (name and address of child-placing agency, out-of-state licensed agency, or Department of Human Services, as applicable) within four days from the date of signing this document. I understand that certified mail cannot be used for mail delivery of the notice to revoke this surrender. I understand that the four days will be counted consecutively beginning with the day immediately following the date I sign this document; provided, however, that, if the fourth day falls on a Saturday, Sunday, or legal

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holiday, then the last day on which this surrender may be revoked will be the next day that is not a Saturday, Sunday, or legal holiday. I understand that, if I deliver the notice to revoke this surrender in person, it must be delivered to _____________________________________________________ (name and address) not later than 5:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the fourth day. I understand that I CANNOT revoke this surrender after that time.

6. I understand that if I am not a resident of this state that I am agreeing to be subject to the jurisdiction of the courts of Georgia for any action filed in connection with the adoption of the child. I agree to be bound by a decree of adoption rendered as a result of this surrender of my parental rights.

7. Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this document and I am signing it freely and voluntarily.

This _______ day of ______________, ____.
______________________________ (Parent or guardian)
______________________________________________ Adult witness
Sworn to and subscribed before me this ________ day of _________, ____. ______________________________ Notary public (SEAL) My commission expires: _______________________.' (b) The notice to revoke a surrender of rights pursuant to subsection (a) of Code Section 19-8-9 shall conform substantially to the following form:
'NOTICE TO REVOKE SURRENDER OF RIGHTS/ FINAL RELEASE FOR ADOPTION
I, the undersigned, executed a (SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION) (PRE-BIRTH SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION) [circle one] as to the child identified in the surrender of rights document on

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________________ (date). My relationship to the (child) (unborn child) [circle one] is that I am the (mother) (father) (alleged biological father) (guardian) [circle one].

(Complete this paragraph if the child has been born.) This notice to revoke my surrender of rights applies to the (female) (male) [circle one] child born __________________ (name of child) on ___________________ (birthdate of child).

I now wish to exercise my right to revoke my surrender of rights.

I understand that for my revocation of surrender to be effective I must:

A. Deliver the original of this document in person to the address designated in the surrender of rights document no later than 5:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the fourth day of the revocation period specified in the surrender of rights document;

OR

B. Mail the original of this document by registered mail or by statutory overnight delivery to the address designated in the surrender of rights document no later than the fourth day of the revocation period specified in the surrender of rights document.

This ______day of _________,____.

_____________________________________ (Parent, guardian, or alleged biological father)

_____________________________________ Printed name

______________________________ Adult witness' (c) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-5 shall conform substantially to the following form:
'SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION

NOTICE TO PARENT OR GUARDIAN: This is an important legal document and by signing it, you are surrendering all of your rights to the child identified in this document, so as to place the child for adoption. Understand that you are signing this document under oath and that if you knowingly and

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willfully make a false statement in this document you will be guilty of the crime of false swearing. As explained below in paragraph 8, you have the right to revoke this surrender within four days from the date you sign it.

______________

STATE OF GEORGIA COUNTY OF ____________________

Personally appeared before me, the undersigned officer duly authorized to administer oaths, ____________________ (name of parent or guardian) who, after having been sworn, deposes and says as follows:

1. I, the undersigned, being mindful that my (male) (female) [circle one] child, born ______________________ (name of child) on ____________________ (birthdate of child) at ____:____ (A.M.) (P.M.) [circle one], should receive the benefits and advantages of a good home, to the end that (she) (he) [circle one] may be fitted for the requirements of life, consent to this surrender of my parental rights.

2. I, the undersigned, ____________________ (relationship to child) of the aforesaid child, do hereby surrender my rights to the child to ________________________________________ (name, surname not required, of each individual to whom surrender is made), PROVIDED that each such individual is named as petitioner in a petition for adoption of the child filed in accordance with Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated within 60 days from the date that I sign this document. Furthermore, I promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by ________________________________________ (name, surname not required, of each individual to whom surrender is made) in providing for the child, I do relinquish all rights to the child named in this document, it being my wish, intent, and purpose to relinquish absolutely all parental control over the child.

3. It is also my wish, intent, and purpose that if each such individual identified in paragraph 2 is not named as petitioner in a petition for adoption within the 60 day period, other than for justifiable good cause, or, if said petition for adoption is filed within 60 days but the adoption proceeding is dismissed with prejudice or otherwise concluded without an order declaring the child to be the adopted child of each such individual, then I do hereby surrender my rights to the child as follows:

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Indicate your choice by signing ONE of the following statements (you may choose statement A, B, or C):

A. ____________________ (Signature) I wish the child returned to me, as provided by subsection (j) of Code Section 19-8-5, and I expressly acknowledge that this provision applies only to the limited circumstance that the child is not adopted by the individual or individuals designated in this document and further that this provision does not impair the validity, absolute finality, or totality of this surrender under any circumstance other than the failure of the designated individual or individuals to adopt the child and that no other provision of this surrender impairs the validity, absolute finality, or totality of this surrender once the four-day revocation period has elapsed;

OR

B. ____________________ (Signature) I surrender the child to _______________________ (name of child-placing agency or out-of-state licensed agency), as provided in subsection (j) of Code Section 19-8-5, for placement for adoption. I understand that if the child-placing agency or out-of-state licensed agency declines to accept the child for placement for adoption, this surrender will be in favor of the Department of Human Services for placement for adoption and ______________________________ (name of child-placing agency or out-of-state licensed agency) or the Department of Human Services may petition the superior court for custody of the child in accordance with the terms of this surrender;

OR

C. ____________________ (Signature) I surrender the child to the Department of Human Services, as provided by subsection (j) of Code Section 19-8-5, for placement for adoption; and the Department of Human Services may petition the superior court for custody of the child in accordance with the terms of this surrender.

4. I hereby agree that the child is to be adopted by each individual named in paragraph 2 or by any other individual as may be chosen by ________________________________________ (name of child-placing agency or out-of-state licensed agency) or the Department of Human Services and I do expressly waive any other notice or service in any of the legal proceedings for the adoption of the child.

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5. I understand that under Georgia law an evaluator is required to conduct and provide to the court a home study and make recommendations to the court regarding the qualification of each individual named in paragraph 2 to adopt the child concerning the circumstances of placement of the child for adoption.

6. I understand that under Georgia law an agent appointed by the court is required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child, and I hereby agree to cooperate fully with such agent in the conduct of its investigation.

7. I understand that I will receive a copy of this document after the witness and I have signed it and it has been notarized.

8. I understand that under Georgia law I have the unconditional right to a four-day revocation period.

I understand I may only revoke this surrender by giving written notice, delivered in person or mailed by registered mail or statutory overnight delivery, to ______________________________ (name and address of each individual to whom surrender is made or his or her agent) within four days from the date of signing this document. I understand that certified mail cannot be used for mail delivery of the notice to revoke this surrender. I understand that the four days will be counted consecutively beginning with the day immediately following the date I sign this document; provided, however, that, if the fourth day falls on a Saturday, Sunday, or legal holiday, then the last day on which this surrender may be revoked will be the next day that is not a Saturday, Sunday, or legal holiday. I understand that, if I deliver the notice to revoke this surrender in person, it must be delivered to _________________________________________ (name and address) not later than 5:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the fourth day. I understand that I CANNOT revoke this surrender after that time.

9. I understand that if I am not a resident of this state that I am agreeing to be subject to the jurisdiction of the courts of Georgia for any action filed in connection with the adoption of the child. I agree to be bound by a decree of adoption rendered as a result of this surrender of my parental rights.

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10. Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this document and I am signing it freely and voluntarily.

This _______ day of ______________, ____.
______________________________ (Parent or guardian)
______________________________ Adult witness
Sworn to and subscribed before me this ________ day of __________, ____. ______________________________ Notary public (SEAL) My commission expires: ______________.' (d) The surrender of rights by a biological father who is not a legal father of the child pursuant to paragraph (2) of subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall conform substantially to the following form:
'SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION
NOTICE TO ALLEGED BIOLOGICAL FATHER: This is an important legal document and by signing it you are surrendering all of your rights to the child identified in this document. Understand that you are signing this document under oath and that if you knowingly and willfully make a false statement in this document you will be guilty of the crime of false swearing. As explained below in paragraph 4, you have the right to revoke this surrender within four days from the date you sign it.

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STATE OF GEORGIA COUNTY OF ____________________

Personally appeared before me, the undersigned officer duly authorized to administer oaths, ____________________ (name of alleged biological father) who, after having been sworn, deposes and says as follows:

1. I, the undersigned, alleged biological father of a (male) (female) [circle one] child, born ____________________ (name of child) to ____________________ (name of legal mother) on ____________________ (birthdate of child) at ____:____ (A.M.) (P.M.) [circle one], being mindful that the child should receive the benefits and advantages of a good home, to the end that (she) (he) [circle one] may be fitted for the requirements of life, consent to this surrender of my rights. I, the undersigned, do hereby surrender my rights to the child. I promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits provided to the child through adoption, I do relinquish all rights to the child named in this document, it being my wish, intent, and purpose to relinquish absolutely all control over the child.

2. I hereby agree that the child is to be adopted and I do expressly waive any other notice or service in any of the legal proceedings for the adoption of the child. I understand that under Georgia law an agent appointed by the court is required to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child, and I hereby agree to cooperate fully with such agent in the conduct of its investigation.

3. I understand that I will receive a copy of this document after the witness and I have signed it and it has been notarized.

4. I understand that under Georgia law I have the unconditional right to a four-day revocation period.

I understand I may only revoke this surrender by giving written notice, delivered in person or mailed by registered mail or statutory overnight delivery, to ___________________________________ (name and address of child-placing agency representative, out-of-state licensed agency representative, Department of Human Services representative, individual to whom surrender is made or his or her agent, or petitioner's representative, as applicable) within four days from the date of

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signing this document. I understand that certified mail cannot be used for mail delivery of the notice to revoke this surrender. I understand that the four days will be counted consecutively beginning with the day immediately following the date I sign this document; provided, however, that, if the fourth day falls on a Saturday, Sunday, or legal holiday, then the last day on which this surrender may be revoked will be the next day that is not a Saturday, Sunday, or legal holiday. I understand that, if I deliver the notice to revoke this surrender in person, it must be delivered to ________________________________________ (name and address) not later than 5:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the fourth day. I understand that I CANNOT revoke this surrender after that time.

5. I understand that if I am not a resident of this state that I am agreeing to be subject to the jurisdiction of the courts of Georgia for any action filed in connection with the adoption of the child. I agree to be bound by a decree of adoption rendered as a result of this surrender of my parental rights.

6. Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this document and I am signing it freely and voluntarily.

This ______ day of ______________, ____.
______________________________ (Alleged biological father)
__________________ Adult witness
Sworn to and subscribed before me this ________ day of __________, ____. ______________________________ Notary public (SEAL) My commission expires: ______________.' (e) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-6 or 19-8-7 shall conform substantially to the following form:

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'SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION

NOTICE TO PARENT OR GUARDIAN: This is an important legal document and by signing it, you are surrendering all of your rights to the child identified in this document, so as to place the child for adoption. Understand that you are signing this document under oath and that if you knowingly and willfully make a false statement in this document you will be guilty of the crime of false swearing. As explained below in paragraph 6, you have the right to revoke this surrender within four days from the date you sign it.

_______________

STATE OF GEORGIA COUNTY OF ____________________

Personally appeared before me, the undersigned officer duly authorized to administer oaths, ____________________ (name of parent or guardian) who, after having been sworn, deposes and says as follows:

1. I, the undersigned, being mindful that my (male) (female) [circle one] child, born ______________________ (name of child) on ____________________ (birthdate of child) at ____:____ (A.M.) (P.M.) [circle one], should receive the benefits and advantages of a good home, to the end that (she) (he) [circle one] may be fitted for the requirements of life, consent to this surrender of my parental rights.

2. I, the undersigned, ___________________ (relationship to child) of the aforesaid child, do hereby surrender my rights to the child to ________________________________________ (name of each individual to whom surrender is made) and promise not to interfere in the management of the child in any respect whatever; and, in consideration of the benefits guaranteed by ________________________________________ (name of each individual to whom surrender is made) in providing for the child, I do relinquish all rights to the child named in this document, it being my wish, intent, and purpose to relinquish absolutely all parental control over the child.

3. I hereby agree that ____________________ (name of each individual to whom surrender is made) may initiate legal proceedings for the legal adoption of the child

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without further notice to me. I do, furthermore, expressly waive any other notice or service in any of the legal proceedings for the adoption of the child.

4. I understand that under Georgia law an agent may be appointed by the court to conduct an investigation and render a report to the court in connection with the legal proceeding for the legal adoption of the child, and I hereby agree to cooperate fully with such agent in the conduct of its investigation.

5. I understand that I will receive a copy of this document after the witness and I have signed it and it has been notarized.

6. I understand that under Georgia law I have the unconditional right to a four-day revocation period.

I understand I may only revoke this surrender by giving written notice, delivered in person or mailed by registered mail or statutory overnight delivery, to ________________________________________ (name and address of each individual to whom surrender is made or petitioner's representative, as applicable) within four days from the date of signing this document. I understand that certified mail cannot be used for mail delivery of the notice to revoke this surrender. I understand that the four days will be counted consecutively beginning with the day immediately following the date I sign this document; provided, however, that, if the fourth day falls on a Saturday, Sunday, or legal holiday, then the last day on which this surrender may be revoked will be the next day that is not a Saturday, Sunday, or legal holiday. I understand that, if I deliver the notice to revoke my surrender in person, it must be delivered to ________________________________________(name and address) not later than 5:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the fourth day. I understand that I CANNOT revoke this surrender after that time.

7. I understand that if I am not a resident of this state that I am agreeing to be subject to the jurisdiction of the courts of Georgia for any action filed in connection with the adoption of the child. I agree to be bound by a decree of adoption rendered as a result of this surrender of my parental rights.

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8. Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this document and I am signing it freely and voluntarily.

This ______ day of ______________, ____.

______________________________ (Parent or guardian)
______________________________ Adult witness Sworn to and subscribed before me this ________ day of _________, ____. ______________________________ Notary public (SEAL) My commission expires: ____________________.' (f) The pre-birth surrender of rights by a biological father who is not a legal father of the child pursuant to paragraph (3) of subsection (e) of Code Section 19-8-4, 19-8-5, or 19-8-7 shall conform substantially to the following form:
'PRE-BIRTH SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION

NOTICE TO ALLEGED BIOLOGICAL FATHER: This is an important legal document and by signing it, you are surrendering any and all of your rights to the child identified in this document, so as to place the child for adoption. You have the right to wait to execute a PRE-BIRTH SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION after the child is born, but by signing this document, you are electing to surrender your rights prior to the birth of this child. Understand that you are signing this document under oath and that if you knowingly and willfully make a false statement in this document you will be guilty of the crime of false swearing. As explained below in paragraph 6, you have the right to revoke this pre-birth surrender within four days from the date you sign it.

_______________

STATE OF GEORGIA COUNTY OF ____________________

Personally appeared before me, the undersigned officer duly authorized to administer oaths, ____________________ (name of alleged biological father) who, after having been sworn, deposes and says as follows:

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1. I, the undersigned, understand that I have been named by _______________________, the biological mother of the child expected to be born in _________________________(city) _____________(county) ______________(state) on or about the _________day of __________(month), __________(year), as the biological father or possible biological father of her child. I further understand that the biological mother wishes to place this child for adoption.

2. To the best of my knowledge and belief, the child has not been born as of the date I am signing this pre-birth surrender; however, if in fact the child has been born, this surrender shall have the same effect as if it were a surrender executed following the birth of the child.

3. I understand that by signing this document I am not admitting that I am the biological father of this child, but if I am, I hereby agree that adoption is in this child's best interest. I consent to adoption of this child by any individual chosen by the child's legal mother or by any public or private agency that places children without further notice to me. I expressly waive any other notice or service in any of the legal proceedings for the adoption of the child. I understand that I have the option to wait until after the child is born to execute a surrender of my rights (with a corresponding four-day right of revocation) and, further, that by executing this document I am electing instead to surrender my rights before the child's birth.

4. I understand that signing this document does not fully and finally terminate my rights and responsibilities until an order from a court of competent jurisdiction terminating my rights or a final order of adoption is entered. I understand that if the child is not adopted after I sign this document, legal proceedings can be brought to establish paternity, and I may become liable for financial obligations related to the birth and support of this child.

5. I understand that I will receive a copy of this document after the witness and I have signed it and it has been notarized.

6. I understand that under Georgia law I have the unconditional right to a four-day revocation period.

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I understand that I may only revoke this pre-birth surrender by giving written notice, delivered in person or mailed by registered mail or statutory overnight delivery, to _____________________________________________ (name and address of child-placing agency representative, out-of-state licensed agency representative, Department of Human Services representative, individual to whom surrender is made or his or her agent, or petitioner's representative, as applicable) within four days from the date of signing this document. I understand that certified mail cannot be used for mail delivery of the notice to revoke this pre-birth surrender. I understand that the four days will be counted consecutively beginning with the day immediately following the date I sign this document; provided, however, that, if the fourth day falls on a Saturday, Sunday, or legal holiday, then the last day on which this surrender may be revoked will be the next day that is not a Saturday, Sunday, or legal holiday. I understand that, if I deliver the notice to revoke this surrender in person, it must be delivered to ________________________________________ (name and address) not later than 5:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the fourth day. I understand that I CANNOT revoke this surrender after that time.

7. If prior to my signing this pre-birth surrender I have registered on Georgia's putative father registry then, if I do not revoke this surrender within the time permitted, I waive the notice I would be entitled to receive pursuant to Code Section 19-8-12 of the Official Code of Georgia Annotated because of my registration on the putative father registry.

8. I understand that if I am not a resident of this state that I am agreeing to be subject to the jurisdiction of the courts of Georgia for any action filed in connection with the adoption of the child. I agree to be bound by a decree of adoption rendered as a result of this surrender of my parental rights.

9. Furthermore, I hereby certify that I have not been subjected to any duress or undue pressure in the execution of this document and I am signing it freely and voluntarily.

This ______day of ________, ______.

______________________________ (Alleged biological father)

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_________________ Adult witness Sworn to and subscribed before me this _____ day of __________, ____. ___________________________ Notary public (SEAL)

My commission expires: ___________.' (g) The acknowledgment of surrender of rights pursuant to subsection (f) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall conform substantially to the following form:
'ACKNOWLEDGMENT OF SURRENDER OF RIGHTS

STATE OF GEORGIA COUNTY OF ____________________

Personally appeared before me, the undersigned officer duly authorized to administer oaths, ________________________________________ (name of parent, guardian, or alleged biological father) who, after having been sworn, deposes and says as follows:
(A) That I have read the accompanying (PRE-BIRTH SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION) (SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION) [circle one] relating to the child born ____________________ (name of child), a (male) (female) [circle one] on ____________________ (birthdate of child); (B) That I understand that this is a full, final, and complete surrender, release, and termination of all of my rights to the child; (C) That I have chosen to retain the unconditional right to revoke the surrender by giving written notice, delivered in person or mailed by registered mail or statutory overnight delivery, to ________________________________________ (name and address of child-placing agency or its representative, out-of-state licensed agency or its representative, Department of Human Services or its representative, individual to whom surrender is made or his or her agent, or petitioner's representative, as applicable) within four days from the date of signing the surrender and that after such four-day revocation period I shall have no right to revoke the surrender.
I understand that certified mail cannot be used for mail delivery of the notice to revoke the surrender of my rights. I understand that, if I deliver the notice to revoke my surrender in person, it must be delivered to ________________________________________ (name and address) not later than 5:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the fourth day. I understand that the four days will be counted consecutively

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beginning with the day immediately following the date I signed the surrender; provided, however, that, if the fourth day falls on a Saturday, Sunday, or legal holiday, then the last day on which the surrender may be revoked will be the next day that is not a Saturday, Sunday, or legal holiday; (D) That I have read the accompanying surrender of rights and received a copy thereof; (E) That any and all questions regarding the effect of such surrender and its provisions have been satisfactorily explained to me; (F) That I have been given an opportunity to consult with an attorney of my choice before signing the surrender of my rights; and (G) That the surrender of my rights has been knowingly, intentionally, freely, and voluntarily made by me.

This ______ day of ______________, ____.
____________________________________ (Parent, guardian, or alleged biological father)
_______________________ Adult witness Sworn to and subscribed before me this ________ day of __________, ____. __________________ Notary public (SEAL) My commission expires: ___________.' (h) The affidavit of a legal mother required by paragraph (1) of subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 for the surrender of her rights shall meet the following requirements: (1) The affidavit shall set forth:
(A) Her name; (B) Her relationship to the child; (C) Her age; (D) Her marital status at the time of conception and of the birth of the child; (E) The identity and last known address of her spouse or former spouse and whether any such spouse is the biological father of the child; (F) The identity, last known address, and relationship to the legal mother of the biological father of the child, provided that she shall have the right not to disclose the name and address of the biological father of the child should she so desire;

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(G) Whether or not she has consented to the appointment of a temporary guardian for the child and, if so, provide the name and address of the temporary guardian and the probate court in which the petition for temporary guardianship was filed; (H) Whether custody of the child has been awarded to another individual and, if so, provide the name of the child's custodian and the court in which custody was awarded; (I) Whether or not the biological father of the child is or was in a branch of the United States armed forces and, if so, provide details as to his military service; (J) Whether or not the biological mother or any member of her family is or was an enrolled member of a federally recognized American Indian tribe, is or was a resident of an American Indian reservation, or is or was an Alaskan native; (K) Whether or not the biological father of the child or any member of his family is or was an enrolled member of a federally recognized American Indian tribe, is or was a resident of an American Indian reservation, or is or was an Alaskan native; and (L) All financial assistance received by or promised her either directly or indirectly, from whatever source, in connection with her pregnancy, the birth of the child, or the placement or arranging for the placement of the child for adoption (including the date, amount or value, description, payor, and payee), provided that financial assistance provided directly by her husband, mother, father, sister, brother, aunt, uncle, grandfather, or grandmother need not be detailed and instead she need only state the nature of the assistance received; and (2) The affidavit shall conform substantially to the following form:
'LEGAL MOTHER'S AFFIDAVIT

NOTICE TO LEGAL MOTHER: This is an important legal document which deals with the child's right to have his or her biological father's rights properly determined. You have the right not to disclose the name and address of the biological father of the child. Understand that you are providing this affidavit under oath and that if you knowingly and willfully make a false statement in this affidavit you will be guilty of the crime of false swearing. The information you provide will be held in strict confidence and will be used only in connection with the adoption of the child.

STATE OF GEORGIA COUNTY OF ____________________

Personally appeared before me, the undersigned officer duly authorized to administer oaths, _______________________, who, after having been sworn, deposes and says as follows:
That my name is _______________________. That I am the legal mother of a (male) (female) [circle one] child born ____________________ (name of child) in the State of __________, County of

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________ on ____________________ (birthdate of child) at ____:____ (A.M.) (P.M.) [circle one]. That I am ________ years of age, having been born in the State of ________, County of ________ on ______________. That my social security number is ________________. That my marital status at the time of the conception of the child was (check the status and complete the appropriate information):
( ) Single, never having been married. ( ) Separated but not legally divorced; the name of my spouse (was) (is) [circle one] _____________________________________; my spouse's last known address is ____________________________; we were married in the State of ________, County of ________ on ________; we have been separated since ______________; we last had sexual relations on ____________________ (date); my spouse (is) (is not) [circle one] the biological father of said child. ( ) Divorced; the name of my former spouse is _______________________; we were married in the State of ________, County of ________ on ________; we last had sexual relations on ________________ (date); my former spouse's last known address is ______________; divorce granted in the State of __________, County of ________ on ______________; my former spouse (is) (is not) [circle one] the biological father of said child. ( ) Legally married; the name of my spouse (was) (is) [circle one] ______________; we were married in the State of ________, County of ________ on ______________; and my spouse's last known address is ______________; my spouse (is) (is not) [circle one] the biological father of said child. ( ) Married through common-law marriage relationship prior to January 1, 1997; the name of my spouse (was) (is) [circle one] ___________________; my spouse's last known address is ______________; our relationship began in the State of _______, County of _________ on ___________; my spouse (is) (is not) [circle one] the biological father of said child. ( ) Widowed; the name of my deceased spouse was _______________________; we were married in the State of ________, County of ________ on ________; my spouse died on ________ in the County of ________, State of _________. That my name and marital status at the time of the birth of the child was (check the status and complete the appropriate information): Name _____________________________________________________________. ( ) Single, never having been married. ( ) Separated, but not legally divorced; the name of my spouse (was) (is) [circle one] ________________________________________________________; my spouse's last known address is ___________________________; we were married in the State of ___________, County of _____________ on _____________; we have been separated since ____________________; we last had sexual relations on

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___________________ (date); my spouse (is) (is not) [circle one] the biological father of said child. ( ) Divorced; the name of my former spouse is ______________; we were married in the State of __________, County of __________ on __________; we last had sexual relations on ____________________ (date); my spouse's last known address is ___________________________; divorce granted in the State of ________________, County of __________; my former spouse (is) (is not) [circle one] the biological father of said child. ( ) Legally married; the name of my spouse (was) (is) [circle one] ___________________; we were married in the State of __________, County of _____________ on ____________; my spouse's last known address is _________________________; my spouse (is) (is not) [circle one] the biological father of said child. ( ) Married through common-law relationship prior to January 1, 1997; the name of my spouse (was) (is) [circle one] ___________________________; my spouse's last known address is ____________________; our relationship began in the State of ______________, County of ______________ on ______________; my spouse (is) (is not) [circle one] the biological father of said child. ( ) Widowed; the name of my deceased spouse was _____________; we were married in the State of _________, County of _____________ on ______________; my spouse died on ______________ in the County of ______________, State of ______________; he (was) (was not) [circle one] the biological father of said child. That the name of the biological father of the child is (complete appropriate response): Known to me and is (_________________________); Known to me but I expressly decline to identify him because___________________ ______________________________________________________________; or Unknown to me because _____________________________________________ _________________________________________________________________. That the last known address of the biological father of the child is (complete appropriate response): Known to me and is ________________________________________________; Known to me but I expressly decline to provide his address because ________________________________; or Unknown to me because _______________________________________________ _________________________________________________________________. That, to the best of my knowledge, I (am) (am not) [circle one] an enrolled member of a federally recognized American Indian tribe, (am) (am not) [circle one] a resident of an American Indian reservation, or (am) (am not) [circle one] an Alaskan native. If so: (A) The name of my American Indian tribe is ______________. (B) The percentage of my American Indian blood is ______ percent.

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That, to the best of my knowledge, a member of my family (is or was) (is not or was

not) [circle one] an enrolled member of a federally recognized American Indian tribe,

(is or was) (is not or was not) [circle one] a resident of an American Indian

reservation, or (is or was) (is not or was not) [circle one] an Alaskan native. If so:

(A) The name of the American Indian tribe is ___________________________.

(B) The percentage of my American Indian blood is _______percent.

(C) My relatives with American Indian or Alaskan native blood are__________

_________________________________________________________________

_________________________________________________________________.

(D)

The name of the American Indian tribe is

_______________________________________.

(E) The name of each enrolled member is _______________________, and his or

her corresponding registration or identification number is ____________________.

That to the best of my knowledge, the biological father or a member of his family (is or was) (is not or was not) [circle one] an enrolled member of a federally recognized American Indian tribe, (is or was) (is not or was not) [circle one] a resident of an American Indian reservation, or (is or was) (is not or was not) [circle one] an Alaskan native. If so: (A) The name of his American Indian tribe is ______________. (B) The percentage of his American Indian blood is ______ percent. (C) His relatives with American Indian or Alaskan native blood are _________ _________________________________________________________________ _________________________________________________________________.

(D)

The name of each enrolled member

is_____________________________________, and his or her corresponding

registration or identification number is ________________________.

That the date of birth of the biological father ( is _____________, ____) (is not

known to me) [circle one].

That the biological father (is) (is not) [circle one] on active duty in a branch of the

United States armed forces. If so:

(A) The branch of his service is (Army) (Navy) (Marine) (Air Force) (Coast Guard)

[circle one].

(B) His rank is ____________________________________________________.

(C) His duty station is ______________________________________________.

If applicable, please provide any additional available information regarding his

military service.

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________.

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That the biological father of the child, whether or not identified in this document (circle the appropriate phrase):
(Was) (Was not) married to me at the time this child was conceived; (Was) (Was not) married to me at any time during my pregnancy with this child; (Was) (Was not) married to me at the time that this child was born; (Did) (Did not) marry me after the child was born and recognize the child as his own; (Has) (Has not) been determined to be the child's father by a final paternity order of a court; (Has) (Has not) legitimated the child by a final court order; (Has) (Has not) lived with the child; (Has) (Has not) contributed to its support; (Has) (Has not) provided for my support during my pregnancy or hospitalization for the birth of the child; and (Has) (Has not) provided for my medical care during my pregnancy or hospitalization for the birth of the child. That I (have) (have not) [circle one] consented to the appointment of a temporary guardian for the child. If so, the name of the temporary guardian is ____________________, and the probate court in which the petition for temporary guardianship was filed is ____________________. That custody of the child has been awarded to _________________________________ (name and address of custodian) by order of the ______________________ Court of _______________ County, State of ____________, entered on ____________(date). That I have received or been promised the following financial assistance, either directly or indirectly, from whatever source, in connection with my pregnancy, the birth of the child, and the child's placement for adoption: ___________________________. That 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.

_______________________________ (Legal mother)

Sworn to and subscribed before me this ________ day of __________, ____. ______________________________ Notary public (SEAL) My commission expires: _____________.'

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(i) The affidavit of an adoptive mother required by paragraph (2) of subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 for the surrender of her rights shall meet the following requirements:
(1) The affidavit shall set forth: (A) Her name; (B) Her relationship to the child; (C) Her age; (D) Her marital status; (E) The name and last known address of any spouse or former spouse at the time the child was adopted and whether any such spouse also adopted the child or is the biological father of the child; (F) The circumstances surrounding her adoption of the child, including the date the adoption was finalized, the state and county where finalized, and the name and address of the adoption agency, if any; (G) Whether or not she has consented to the appointment of a temporary guardian for the child and, if so, provide the name of the temporary guardian and the probate court in which the petition for temporary guardianship was filed; (H) Whether custody of the child has been awarded to another individual and, if so, provide the name of the child's custodian and the court in which custody was awarded; and (I) All financial assistance received by or promised her either directly or indirectly, from whatever source, in connection with the placement or arranging for the placement of the child for adoption (including the date, amount or value, description, payor, and payee), provided that financial assistance provided directly by her husband, mother, father, sister, brother, aunt, uncle, grandfather, or grandmother need not be detailed and instead she need only state the nature of the assistance received.
(2) The affidavit shall be in substantially the following form: 'ADOPTIVE MOTHER'S AFFIDAVIT

NOTICE TO ADOPTIVE MOTHER: This is an important legal document which deals with the adopted child's right to have his or her legal father's rights properly determined. Understand that you are providing this affidavit under oath and that if you knowingly and willfully make a false statement in this affidavit you will be guilty of the crime of false swearing. The information you provide will be held in strict confidence and will be used only in connection with the adoption of the child.

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STATE OF GEORGIA COUNTY OF ____________________

Personally appeared before me, the undersigned officer duly authorized to administer oaths, ______________, who, after having been sworn, deposes and says as follows:
That my name is ______________________________________________________. That I am the adoptive mother of a (male) (female) [circle one] child born ____________________ (name of child) in the State of __________, County of __________ on ____________________ (birthdate of child) at ____:____ (A.M.) (P.M.) [circle one]. That I am ________ years of age, having been born in the State of ________, County of __________ on ______________. That my social security number is ________________. That my marital status is (check the status and complete the appropriate information):
( ) Single, never having been married. ( ) Separated but not legally divorced; the name of my spouse (was) (is) [circle one] ______________; my spouse's last known address is ______________; we were married in the State of ________, County of __________ on ______________; we have been separated since ______________; we last had sexual relations on _________________ (date); my spouse (did) (did not) [circle one] also adopt said child; my spouse (is) (is not) [circle one] the biological father of said child. ( ) Divorced; the name of my former spouse is ______________; we were married in the State of ________, County of __________ on ______________; we last had sexual relations on ______________ (date); my former spouse's last known address is ______________; divorce granted in the State of ________, County of __________ on ______________; my former spouse (did) (did not) [circle one] also adopt said child; my former spouse (is) (is not) [circle one] the biological father of said child. ( ) Legally married; the name of my spouse (was) (is) [circle one] ______________; we were married in the State of ________, County of ________ on ______________; my spouse's last known address is ______________; my spouse (did) (did not) [circle one] also adopt said child; my spouse (is) (is not) [circle one] the biological father of said child. ( ) Married through common-law marriage relationship prior to January 1, 1997; the name of my spouse (was) (is) [circle one] ______________; my spouse's last known address is ______________; our relationship began in the State of ______________, County of _____________ on ______________; my spouse (did) (did not) [circle one] also adopt said child; my spouse (is) (is not) [circle one] the biological father of said child.

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( ) Widowed; the name of my deceased spouse was ______________; we were married in the State of ________, County of __________ on ________; my spouse died on ______________ in the County of __________, State of ________; he (did) (did not) [circle one] also adopt said child; he (was) (was not) [circle one] the biological father of said child. That I adopted the child in the State of ________, County of _______________. That the final order of adoption was entered on ____________________________. That there (was) (was not) [circle one] an adoption agency involved in the placement of the child with me for adoption; and if so its name was ___________________, and its address is ______________________________________________________. That I (have) (have not) [circle one] consented to the appointment of a temporary guardian for the child. If so, the name of the temporary guardian is: __________________________, and the probate court in which the petition for temporary guardianship was filed is ____________________________________. That custody of the child has been awarded to ____________________ (name and address of custodian) by order of the ______________ Court of _______________ County, State of _______________, entered on _______________(date). That I have received or been promised the following financial assistance, either directly or indirectly, from whatever source, in connection with the child's placement for adoption: ______________. That 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.

______________________________ (Adoptive mother)

Sworn to and subscribed before me this ________ day of __________, ____. ______________________________ Notary public (SEAL) My commission expires: ___________.' (j) The affidavit of a child-placing agency, out-of-state licensed agency, or department representative required by subsection (h) of Code Section 19-8-4 shall conform substantially to the following form:

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'AFFIDAVIT OF CHILD-PLACING AGENCY, OUT-OF-STATE LICENSED AGENCY, OR DEPARTMENT REPRESENTATIVE

STATE OF GEORGIA COUNTY OF ____________________

Personally appeared before me, the undersigned officer duly authorized to administer oaths, _______________________, who, after having been sworn, deposes and says as follows:
That I am ____________________ (position) of _______________________ (name of department, child-placing agency, or out-of-state licensed agency). That prior to the execution of the accompanying SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION by __________________________, releasing and surrendering all of (his) (her) [circle one] rights in a (male) (female) [circle one] child born _________________ (name of child) on ____________________ (birthdate of child) at ____:____ (A.M.) (P.M.) [circle one], I reviewed with and explained to such individual all of the provisions of the surrender of rights, and particularly the provisions which provide that the surrender is a full surrender of all rights to the child. That based on my review and explanation to such individual, it is my opinion that such individual knowingly, intentionally, freely, and voluntarily executed the SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION.

________________________________ (Representative)

________________________________ (Department or agency name)

Sworn to and subscribed before me this ________ day of __________, ____. ______________________________ Notary public (SEAL) My commission expires: ___________.' (k) The affidavit of a petitioner's representative or of the representative of the individual signing the surrender of rights required by subsection (h) of Code Section 19-8-5, 19-8-6, or 19-8-7 shall conform substantially to the following form:

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'AFFIDAVIT OF REPRESENTATIVE

STATE OF GEORGIA COUNTY OF ____________________

Personally appeared before me, the undersigned officer duly authorized to administer oaths, _______________________, who, after having been sworn, deposes and says as follows:
That my name is _____________________________________________________. That my address is ___________________________________________________. That prior to the execution of the accompanying SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION by __________________________, releasing and surrendering all of (his) (her) [circle one] rights in a (male) (female) [circle one] child born _________________ (name of child) on ____________________ (birthdate of child) at ____:____ (A.M.) (P.M.) [circle one], I reviewed with and explained to such individual all of the provisions of the surrender of rights, and particularly the provisions which provide that the surrender is a full surrender of all rights to the child. That based on my review and explanation to such individual, it is my opinion that such individual knowingly, intentionally, freely, and voluntarily executed the SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION.

________________________________ (Petitioner's representative or the representative of the individual signing the surrender)

Sworn to and subscribed before me this ________ day of __________, ____. ______________________________ Notary public (SEAL) My commission expires: _________________.' (l) The parental consent to a stepparent adoption required by subsection (j) of Code Section 19-8-6 shall conform substantially to the following form:

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'PARENTAL CONSENT TO STEPPARENT ADOPTION

STATE OF GEORGIA COUNTY OF ____________________

Personally appeared before me, the undersigned officer duly authorized to administer oaths, ______________________________ (name of parent) who, after having been sworn, deposes and says as follows:

I, the undersigned, hereby consent that my spouse ____________________ (name of spouse) adopt my (son) (daughter) [circle one], ____________________ (name of child), whose date of birth is ______________, and in so doing I in no way relinquish or surrender my parental rights to the child. I further acknowledge service of a copy of the petition for adoption of the child as filed on behalf of my spouse, and I hereby consent to the granting of the prayers of the petition for adoption. I also waive all other and further service and notice of any kind and nature in connection with the proceedings.

This ______ day of ______________, ____.

_________________________ (Parent)

Sworn to and subscribed before me this ________ day of _________, ____. ______________________________ Notary public (SEAL) My commission expires: ___________.' (m) The sworn statement executed by the biological mother identifying an alleged biological father of her unborn child authorized and required by subparagraph (e)(3)(E) of Code Section 19-8-4, 19-8-5, or 19-8-7 shall conform substantially to the following form:
'NOTICE TO BIOLOGICAL MOTHER:

This is an important legal document which will enable the individual you identify as the biological father of your unborn child to sign a pre-birth surrender of his rights so as to place your child for adoption. Understand that you are signing this affidavit under oath and that the information you provide will be held in strict confidence and will be used only in connection with the adoption of your unborn child.

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STATE OF GEORGIA COUNTY OF ________

BIOLOGICAL MOTHER'S AFFIDAVIT IDENTIFYING BIOLOGICAL FATHER OF HER UNBORN CHILD

Personally appeared before me, the undersigned officer duly authorized to administer oaths, _______________________, who, after having been sworn, deposes and says as follows:
That my name is _______________________________. That I am _____ years of age, having been born in the State of ______, County of _________ on ________________. That my social security number is ___________________. That I am currently pregnant with a (male) (female) (sex unknown) [circle one] child who is expected to be born on ____________________ (due date of child). That the name of any alleged biological father is ______________________________, and his last known address is ______________________________________________. That I execute this affidavit so that any alleged biological father I have identified above can be asked to sign a pre-birth surrender of his rights to assist me in placing the child for adoption once the child is born. That 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.

_______________________________ (Biological mother)

Sworn to and subscribed before me this_________ day of _________,_____. ______________________________ Notary public (SEAL) My commission expires: _____________.' (n) The affidavit regarding Native American heritage and military service authorized and required by subsection (k) of Code Sections 19-8-4, 19-8-6, and 19-8-7 and subsection (o) of Code Section 19-8-5 shall conform substantially to the following form:
'NOTICE TO BIOLOGICAL OR LEGAL FATHER:

This is an important legal document. Understand that you are providing this affidavit under oath and that if you knowingly and willfully make a false statement in this affidavit you will be guilty of the crime of false swearing.

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AFFIDAVIT REGARDING NATIVE AMERICAN HERITAGE AND MILITARY SERVICE

STATE OF GEORGIA COUNTY OF ___________

Personally appeared before me, the undersigned officer duly authorized to administer oaths, ______________________________ (name of affiant) who, after having been sworn, deposes and says as follows:
1. That my name is ___________________________________________________. 2. That I am the (biological) (legal) [circle one] father of a (male) (female) (sex unknown) [circle one] child (born) (yet to be born) [circle one] in the State of ______________, County of ______________ on ______________. 3. That I am _______ years of age, having been born in the State of ___________, County of _____________ on ____________________. 4. That my social security number is ______________________________. 5. That, to the best of my knowledge, I (am) (am not) [circle one] an enrolled member of a federally recognized American Indian tribe, (am) (am not) [circle one] a resident of an American Indian reservation, or (am) (am not) [circle one] an Alaskan native. If so:
(A) The name of my American Indian tribe is ____________________________. (B) My registration or identification number is ___________________________. (C) The percentage of my American Indian blood is ___________ percent. 6. That, to the best of my knowledge, a member of my family (is or was) (is not or was not) [circle one] an enrolled member of a federally recognized American Indian tribe, (is or was) (is not or was not) [circle one] a resident of an American Indian reservation, or (is or was) (is not or was not) [circle one] an Alaskan native. If so: (A) The name of the American Indian tribe is ____________________________. (B) The percentage of my American Indian blood is ___________ percent. (C) My relatives with American Indian or Alaskan native blood are _____________ ___________________________________________________________________ __________________________________________________________________. (D) The name of the American Indian tribe is _____________________________. (E) The name of each enrolled member is ______________________________, and his or her corresponding registration or identification number is _______________. 7. That I (am) (am not) [circle one] on active duty in a branch of the United States armed forces. If so: (A) The branch of my service is (Army) (Navy) (Marine) (Air Force) (Coast Guard) [circle one]. (B) My rank is _____________________________________________________. (C) My duty station is _______________________________________________.

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(D) Additional information regarding my military service is __________________ ____________________________________________________________________ ____________________________________________________________________ ___________________________________________________________________. 8. That I have received or been promised the following financial assistance, either directly or indirectly, from whatever source, in connection with the birth of the child and the child's placement for adoption: ______________________________________. 9. That 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.

______________________________ (Biological or legal father)

Sworn to and subscribed before me this ________ day of _________, ____. _________________________________ Notary public (SEAL) My commission expires: _____________.'

19-8-27. (a) As used in this Code section, the term 'birth relative' means:
(1) A parent, biological father who is not a legal father, grandparent, brother, sister, half-brother, or half-sister who is related by blood or marriage to a child who is being adopted or who has been adopted; or (2) A grandparent, brother, sister, half-brother, or half-sister who is related by adoption to a child who is being adopted or who has been adopted. (b)(1) An adopting parent or parents and birth relatives or an adopting parent or parents, birth relatives, and a child who is 14 years of age or older who is being adopted or who has been adopted may voluntarily enter into a written postadoption contact agreement to permit continuing contact between such birth relatives and such child. A child who is 14 years of age or older shall be considered a party to a postadoption contact agreement. (2) A postadoption contact agreement may provide for privileges regarding a child who is being adopted or who has been adopted, including, but not limited to, visitation with such child, contact with such child, sharing of information about such child, or sharing of information about birth relatives. (3) In order to be an enforceable postadoption contact agreement, such agreement shall be in writing and signed by all of the parties to such agreement acknowledging their consent to its terms and conditions. (4) Enforcement, modification, or termination of a postadoption contact agreement shall be under the continuing jurisdiction of the court that granted the petition for adoption;

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provided, however, that the parties to a postadoption contact agreement may expressly waive the right to enforce, modify, or terminate such agreement under this Code section. (5) Any party to the postadoption contact agreement may, at any time, file the original postadoption contact agreement with the court that has or had jurisdiction over the adoption if such agreement provides for the court to enforce such agreement or such agreement is silent as to the issue of enforcement. (c) A postadoption contact agreement shall contain the following warnings in at least 14 point boldface type: (1) After the entry of a decree for adoption, an adoption cannot be set aside due to the failure of an adopting parent, a biological parent, a birth relative, or the child to follow the terms of this agreement or a later change to this agreement; and (2) A disagreement between the parties or litigation brought to enforce, terminate, or modify this agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child. (d)(1) As used in this subsection, the term 'parties' means the individuals who signed the postadoption contact agreement currently in effect, including the child if he or she is 14 years of age or older at the time of the action regarding such agreement, but such term shall exclude any third-party beneficiary to such agreement. (2) A postadoption contact agreement may always be modified or terminated if the parties have voluntarily signed a written modified postadoption contact agreement or termination of a postadoption contact agreement. A modified postadoption contact agreement may be filed with the court if such agreement provides for the court to enforce such agreement or such agreement is silent as to the issue of enforcement. (e) With respect to postadoption contact agreements that provide for court enforcement or termination or are silent as to such matters, any party, as defined in paragraph (1) of subsection (d) of this Code section, may file a petition to enforce or terminate such agreement with the court that granted the petition for adoption, and the court shall enforce the terms of such agreement or terminate such agreement if such court finds by a preponderance of the evidence that the enforcement or termination is necessary to serve the best interests of the child. (f) With respect to postadoption contact agreements that provide for court modification or are silent as to modification, only the adopting parent or parents may file a petition seeking modification. Such petition shall be filed with the court that granted the petition for adoption, and the court shall modify such agreement if such court finds by a preponderance of the evidence that the modification is necessary to serve the best interests of the child and there has been a material change of circumstances since the current postadoption contact agreement was executed. (g) A court may require the party seeking modification, termination, or enforcement of a postadoption contact agreement to participate in mediation or other appropriate alternative dispute resolution.

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(h) All reasonable costs and expenses of mediation, alternative dispute resolution, and litigation shall be borne by the party, other than the child, filing the action to enforce, modify, or terminate a postadoption contact agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing postadoption contact agreement shall bear all the costs and expenses of mediation, alternative dispute resolution, and litigation of the other party. (i) A court shall not set aside a decree of adoption, rescind a surrender of rights, or modify an order to terminate parental rights or any other prior court order because of the failure of an adoptive parent, a birth relative, or the child to comply with any or all of the original terms of, or subsequent modifications to, a postadoption contact agreement.

19-8-28. When a child is an orphan, the petitioner shall not be required to have a guardian appointed for such child in order for a guardian to execute a surrender of rights. Such child shall be adoptable without a surrender of rights."

SECTION 1-2. Code Section 15-11-320 of the Official Code of Georgia Annotated, relating to termination of parental rights, is amended by revising subsection (d) as follows:
"(d) The court shall transmit a copy of every final order terminating the parental rights of a parent to the State Adoption Unit of the department within 15 days of the filing of such order."

PART II SECTION 2-1.

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

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SECTION 2-2. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by repealing Article 4 of Chapter 9, relating to the power of attorney for the care of a minor child, and enacting a new Article 4 to read as follows:

"ARTICLE 4

19-9-120. This article shall be known and may be cited as the 'Supporting and Strengthening Families Act.'

19-9-121. As used in this article, the term:
(1) 'Child' means an unemancipated individual who is under 18 years of age. (2) 'Child-placing agency' means an agency licensed as such pursuant to Chapter 5 of Title 49. (3) 'Criminal background check' means the results of an unrestricted search of the criminal records maintained by the Georgia Crime Information Center and the Federal Bureau of Investigation pursuant to Code Section 35-3-34. (4) 'Department' means the Department of Human Services. (5) 'Nonprofit entity or faith based organization' means a business that provides child or family services and that is in good standing with the Internal Revenue Service, if applicable. (6) 'Parent' shall have the same meaning as provided in Code Section 19-3-37.

19-9-122. A parent of a child may delegate caregiving authority regarding such child to an individual who is an adult, who resides in this state, and who is the grandparent, great-grandparent, stepparent, former stepparent, step-grandparent, aunt, uncle, great aunt, great uncle, cousin, or sibling of such child or is a nonrelative who is approved as an agent by a child-placing agency or a nonprofit entity or faith based organization for a period not to exceed one year, except as provided in Code Section 19-9-132, by executing a power of attorney that substantially complies with this article.

19-9-123. (a) A nonprofit entity or faith based organization that is not licensed by the department but is providing services under this article shall annually provide the department with the following information:
(1) Its legal name, address, telephone number, e-mail address, and any other contact information; (2) The name of its director;

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(3) The names and addresses of the officers and members of its governing body; (4) The total number of approved volunteer families with which it works; and (5) The total number of children served in the previous calendar year. (b) The department shall maintain a list of nonprofit entities or faith based organizations for which it has been provided the information required by subsection (a) of this Code section. (c) The department may refer an individual who is seeking to execute a power of attorney under this article to a nonprofit entity or faith based organization if the information required by subsection (a) of this Code section has been provided. The department shall not be liable for civil damages or be subject to any claim, demand, cause of action, or proceeding of any nature as a result of referring such individual to a nonprofit entity or faith based organization. (d) The department shall promulgate rules and regulations in order to implement this Code section.

19-9-124. (a)(1) A parent of a child may delegate to an agent in a power of attorney any power and authority regarding the care and custody of such child, except the power to consent to the marriage or adoption of such child, the performance or inducement of an abortion on or for such child, or the termination of parental rights to such child. Such power and authority may be delegated without the approval of a court, provided that such delegation of power and authority shall not operate to change or modify any parental or legal rights, obligations, or authority established by an existing court order, including a standing order, or deprive a parent of a child of any parental or legal rights, obligations, or authority regarding the custody, parenting time, visitation, or support of such child. Such delegation of power and authority shall not deprive or limit any support for a child that should be received by such child pursuant to a court order or for any other reason. When support is being collected for the child by the Child Support Enforcement Agency of the department, such agency shall be authorized to redirect support payments to the agent for the duration of the power of attorney or until the power of attorney is revoked or superseded by a court order. (2) A power of attorney executed under this article during the pendency of a divorce or custody action shall be void ab initio unless executed or agreed upon by both parties to such action, if both parties have custodial rights to the child or the court presiding over such divorce or custody action enters an order allowing the execution of the power of attorney as being in the best interests of such child.
(b) Except as limited by federal law, this article, or the direction of a parent of a child as expressed in the power of attorney, an agent shall have the same rights, duties, and responsibilities that would otherwise be exercised by such parent of a child pursuant to the laws of this state.

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(c) An agent shall acknowledge in writing his or her acceptance of the responsibility for caring for a child for the duration of the power of attorney and, if applicable, shall identify his or her association with a child-placing agency or nonprofit entity or faith based organization. (d) An agent shall certify that he or she is not currently on the state sexual offender registry or child abuse registry of this state or the sexual offender registry or child abuse registry for any other state, a United States territory, the District of Columbia, or any American Indian tribe nor has he or she ever been required to register for any such registry. (e) The individual executing a power of attorney shall require a prospective agent to provide him or her with a criminal background check if such agent is a nonrelative. At the time of executing such power of attorney, the individual executing it shall acknowledge having read and reviewed the prospective agent's criminal background check or shall waive such requirement if the prospective agent is the grandparent, great-grandparent, stepparent, former stepparent, step-grandparent, aunt, uncle, great aunt, great uncle, cousin, or sibling of such child. (f) The agent under a power of attorney shall act in the best interests of the child. Such agent shall not be liable to the individual executing the power of attorney for consenting or refusing to consent to medical, dental, or mental health care for a child when such decision is made in good faith and is exercised in the best interests of the child. (g) Each child-placing agency and nonprofit entity or faith based organization that assists with the execution of a power of attorney under this article shall maintain a record of all powers of attorney executed by agents approved by such agency, entity, or organization for at least five years after the expiration of such powers of attorney.

19-9-125. (a) An individual with sole custody of a child who executes a power of attorney authorized under this article shall provide written notice of such execution to the noncustodial parent by certified mail, return receipt requested, or statutory overnight delivery within 15 days after the date upon which such power of attorney was executed. (b) A noncustodial parent receiving the notice as set forth in subsection (a) of this Code section may object to the execution of such power of attorney within 21 days of the delivery of such notice and shall serve his or her objection on the individual who executed such power of attorney by certified mail, return receipt requested, or statutory overnight delivery. An objection shall prohibit the action of a power of attorney under this article and the child shall be returned to the individual with sole custody. (c) In addition to the notice provided for in subsection (a) of this Code section, an individual with sole custody of a child who executes a power of attorney under this article shall comply with any applicable relocation notice requirements under subsection (f) of Code Section 19-9-3.

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19-9-126. (a) The execution of a power of attorney under this article shall, in the absence of other evidence, not constitute abandonment, abuse, neglect, or any indication of unfitness as a parent. (b) An individual shall not execute a power of attorney under this article with the intention of divesting or negating another individual's legal responsibility for the care of a child. (c) The parental obligations set forth in Chapter 7 of Title 19 to his or her child shall not be extinguished or serve as a defense when a parent executes a power of attorney. Any individual giving a power of attorney to a nonrelative shall carefully consider such agent's criminal background check, and such consideration shall not absolve the signer from liability. (d) Nothing in this article shall prevent the Division of Family and Children Services of the department or law enforcement from investigating and taking appropriate action regarding allegations of abuse, neglect, abandonment, desertion, or other mistreatment of a child.

19-9-127. Nothing in this article shall preclude a parent or agent from granting temporary written permission to seek emergency medical treatment or other services for a child while such child is in the custody of an adult who is not the parent or agent and who is temporarily supervising the child at the request of such parent or agent.

19-9-128. An individual shall not execute a power of attorney under this article for the purpose of subverting an investigation of the child's welfare initiated by the Division of Family and Children Services of the department and shall not execute such power of attorney so long as the Division of Family and Children Services has an open child welfare and youth services case with regard to the child, his or her parent, or another child of the parent. Nothing in this article shall be construed to diminish or limit any rights, power, or authority of or by the Division of Family and Children Services for the protection of any child.

19-9-129. (a) A power of attorney executed under this article shall be:
(1) Signed under oath and acknowledged before a notary public by the individual executing such power of attorney and by the agent accepting such delegation; and (2) A copy of it shall be filed by the individual executing the power of attorney, or his or her designee, within ten days of the power of attorney being executed, in the probate court of the county in which the child resides. If the residence of the child changes to a different county during the term of the power of attorney, the agent shall file the power of attorney in the probate court of the county of the new residence and notify the original court in writing of such change.

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(b) Each probate court shall maintain a docket in which a power of attorney will be registered. The docket shall include the name of the agent, the name of the child, the date the power of attorney was deposited with the court, and the date the power of attorney expires, if applicable. The power of attorney shall be confidential; provided, however, that the individual who executed the power of attorney or his or her legal representative shall have access to such power of attorney and the department and any local, state, or federal authority that is conducting an investigation involving the agent or the individual who executed such power of attorney may be granted access upon good cause shown to the court. The docket shall be publicly accessible as are other dockets for the probate court. Notwithstanding Article 3 of Chapter 9 of Title 15, the probate court shall not impose any filing fee for the depositing of a power of attorney under this Code section. (c) Nothing in this Code section shall be construed so as to prohibit an individual from revoking a power of attorney or executing a subsequent power of attorney.

19-9-130. (a)(1) An agent shall have the authority to act on behalf of the child on a continuous basis, without compensation: (A) For the duration of the power of attorney so long as the duration does not exceed one year or the time period authorized in Code Section 19-9-132; or (B) Until the individual who executed the power of attorney revokes the power of attorney in writing and provides notice of the revocation to the agent by certified mail, return receipt requested, or statutory overnight delivery. Upon receipt of such revocation, the agent shall cease to act as agent. (2) The individual revoking the power of attorney shall send a copy of the revocation of the power of attorney to the agent within five days of executing such revocation. If an individual revokes a power of attorney, the child shall be returned to the custody of such individual who executed the power of attorney within 48 hours of receiving such revocation. (3) The revoking individual shall notify schools, health care providers, the probate court where the power of attorney is filed, and others known to the revoking individual to have relied upon such power of attorney within 48 hours of submitting such resignation to the agent.
(b) A power of attorney executed under this article may be terminated by an order of a court of competent jurisdiction. (c) Upon receipt of a revocation of a power of attorney, an agent shall notify schools, health care providers, and others known to the agent to have relied upon such power of attorney within 48 hours of receiving such revocation. (d) An agent may resign by notifying the individual who appointed the agent in writing by certified mail, return receipt requested, or statutory overnight delivery and he or she shall notify schools, health care providers, the probate court where the power of attorney is filed,

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and others known to the agent to have relied upon such power of attorney within 48 hours of submitting such notification. (e) Upon the death of an individual who executed a power of attorney, the agent shall notify the surviving parent of the child, if known, as soon as practicable. (f) The authority to designate an agent to act on behalf of a child shall be in addition to any other lawful action a parent may take for the benefit of such child. (g) A parent shall continue to have the right to receive medical, dental, mental health, and educational records pertaining to his or her child, even when a power of attorney has been executed under this article.

19-9-131. (a) A child subject to a power of attorney executed under this article shall not be considered placed in foster care under Chapter 5 of Title 49, and the parties to the power of attorney shall not be subject to any of the requirements or licensing regulations for foster care or other regulations relating to community care for children. (b) Caregiving authority delegated under this article shall not constitute an out-of-home child placement. (c) The execution of a power of attorney under this article shall not delegate caregiving authority for more than one child unless such power of attorney delegates caregiving authority for children who are siblings or stepsiblings.

19-9-132. (a) When a power of attorney delegates caregiving authority to a grandparent of a child, it may have an unlimited duration. (b) Except as limited by or in conflict with federal law regarding the armed forces of the United States, a parent who is a member of the armed forces of the United States, including any reserve component thereof, or the commissioned corps of the National Oceanic and Atmospheric Administration or the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the armed forces of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the President of the United States or to serve on state active duty, may delegate caregiving authority for a period longer than one year if such parent is deployed as defined in Code Section 19-9-6. Such term of delegation, however, shall not exceed the term of deployment plus 30 days.

19-9-133. This article shall not affect a power of attorney given to a grandparent prior to September 1, 2018, to which the provisions of former Code Sections 19-9-120 through 19-9-129, as such existed on August 30, 2018, shall continue to apply.

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19-9-134. (a) The power of attorney contained in this Code section may be used for the temporary delegation of caregiving authority to an agent. The form contained in this Code section shall be sufficient for the purpose of creating a power of attorney under this article, provided that nothing in this Code section shall be construed to require the use of this particular form. (b) A power of attorney shall be legally sufficient if the form is properly completed and the signatures of the parties are notarized. (c) The power of attorney delegating caregiving authority of a child shall be in substantially the following form:
'FORM FOR POWER OF ATTORNEY TO DELEGATE THE POWER AND AUTHORITY FOR THE CARE OF A CHILD

NOTICE:

(1) THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE INDIVIDUAL WHOM YOU DESIGNATE (THE AGENT) POWERS TO CARE FOR YOUR CHILD, INCLUDING THE POWER TO: HAVE ACCESS TO EDUCATIONAL RECORDS AND DISCLOSE THE CONTENTS TO OTHERS; ARRANGE FOR AND CONSENT TO MEDICAL, DENTAL, AND MENTAL HEALTH TREATMENT FOR THE CHILD; HAVE ACCESS TO RECORDS RELATED TO SUCH TREATMENT OF THE CHILD AND DISCLOSE THE CONTENTS OF THOSE RECORDS TO OTHERS; PROVIDE FOR THE CHILD'S FOOD, LODGING, RECREATION, AND TRAVEL; AND HAVE ANY ADDITIONAL POWERS AS SPECIFIED BY THE INDIVIDUAL EXECUTING THIS POWER OF ATTORNEY.

(2) THE AGENT IS REQUIRED TO EXERCISE DUE CARE TO ACT IN THE CHILD'S BEST INTERESTS AND IN ACCORDANCE WITH THE GRANT OF AUTHORITY SPECIFIED IN THIS FORM.

(3) A COURT OF COMPETENT JURISDICTION MAY REVOKE THE POWERS OF THE AGENT.

(4) THE AGENT MAY EXERCISE THE POWERS GIVEN IN THIS POWER OF ATTORNEY FOR THE CARE OF A CHILD FOR THE PERIOD SET FORTH IN THIS FORM UNLESS THE INDIVIDUAL EXECUTING THIS POWER OF ATTORNEY REVOKES THIS POWER OF ATTORNEY AND PROVIDES NOTICE OF THE REVOCATION TO THE AGENT OR A COURT OF COMPETENT JURISDICTION TERMINATES THIS POWER OF ATTORNEY.

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(5) THE AGENT MAY RESIGN AS AGENT AND MUST IMMEDIATELY COMMUNICATE SUCH RESIGNATION TO THE INDIVIDUAL EXECUTING THIS POWER OF ATTORNEY AND TO SCHOOLS, HEALTH CARE PROVIDERS, AND OTHERS KNOWN TO THE AGENT TO HAVE RELIED UPON SUCH POWER OF ATTORNEY.

(6) THIS POWER OF ATTORNEY MAY BE REVOKED IN WRITING. IF THIS POWER OF ATTORNEY IS REVOKED, THE REVOKING INDIVIDUAL SHALL NOTIFY THE AGENT, SCHOOLS, HEALTH CARE PROVIDERS, AND OTHERS KNOWN TO THE INDIVIDUAL EXECUTING THIS POWER OF ATTORNEY TO HAVE RELIED UPON SUCH POWER OF ATTORNEY.

(7) IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK AN ATTORNEY TO EXPLAIN IT TO YOU.

STATE OF GEORGIA COUNTY OF ____________________

Personally appeared before me, the undersigned officer duly authorized to administer oaths, ____________________ (name of parent) who, after having been sworn, deposes and says as follows:

1. I certify that I am the parent of:

____________________________________________________

(Full name of child)

(Date of birth)

2. I designate: _______________________________________, (Full name of agent)

___________________________________________________, (Street address, city, state, and ZIP Code of agent)

____________________________________________________, (Personal and work telephone numbers of agent)

as the agent of the child named above.

3. The agent named above is related or known to me as follows (write in your relationship to the agent; for example, aunt of the child, maternal grandparent of the

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child, sibling of the child, godparent of the child, associated with a nonprofit or faith based organization):____________________________________________________

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

(A) ___________________________ (Signature) The agent named above is related to me by blood or marriage and I have elected not to have him or her obtain a criminal background check.

OR

(B) ___________________________ (Signature) The agent named above is not related to me and I have reviewed his or her criminal background check. (If the agent has a criminal conviction, complete the rest of this paragraph.) I know that the agent has a conviction but I want him or her to be the agent because (write in): _______________ ____________________________________________________________________ ____________________________________________________________________

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

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

OR

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

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

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

(A) ________ (Initials) This power of attorney is effective for a period not to exceed one year, beginning _____________, 2___, and ending _____________, 2___. I reserve the right to revoke this power and authority at any time.

OR

(B) ________ (Initials) This power of attorney is being given to a grandparent of my child and is effective until I revoke this power of attorney.

OR

(C) ________ (Initials) I am a parent as described in O.C.G.A. 19-9-130(b). My deployment is scheduled to begin on _____________, 2____, and is estimated to end on _____________, 2____. I acknowledge that in no event shall this delegation of power and authority last more than one year or the term of my deployment plus 30 days, whichever is longer. I reserve the right to revoke this power and authority at any time.

7. I hereby swear or affirm under penalty of law that I provided the notice required by O.C.G.A. 19-9-125 and received no objection in the required time period.

By: _______________________________________________ (Parent signature)

___________________________________________________ (Printed name)

___________________________________________________ (Street address, city, state, and ZIP Code of parent)

____________________________________________________ (Personal and work telephone numbers of parent)

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

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______________________________ Notary public (SEAL) My commission expires: ___________.

STATE OF GEORGIA COUNTY OF ____________________

Personally appeared before me, the undersigned officer duly authorized to administer oaths, ______________________________ (name of agent) who, after having been sworn, deposes and says as follows:

8. I hereby accept my designation as agent for the child specified in this power of attorney and by doing so acknowledge my acceptance of the responsibility for caring for such child for the duration of this power of attorney. Furthermore, I hereby certify that:
(A)(i) I am related to the individual giving me this power of attorney by blood or marriage as follows (write in your relationship to the individual designating you as agent; for example, sister, mother, father, etc.): _______________________________

OR

(ii) I am not related to the individual giving me this power of attorney but was referred to him or her by: __________________________________________________ (write in the name of the child-placing agency, nonprofit entity, or faith based organization).

(B) I am not currently on the state sexual offender registry or child abuse registry of this state or the sexual offender registry or child abuse registry for any other state, a United States territory, the District of Columbia, or any American Indian tribe nor have I ever been required to register for any such registry; (C) I have provided a criminal background check to the individual designating me as an agent, if it was required; (D) I understand that I have the authority to act on behalf of the child:
For the period of time set forth in this form; Until the power of attorney is revoked in writing and notice is provided to me as required by O.C.G.A. 19-9-130; or Until the power of attorney is terminated by order of a court; (E) I understand that if I am made aware of the death of the individual who executed the power of attorney, I must notify the surviving parent of the child, if known, as soon as practicable; and (F) I understand that I may resign as agent by notifying the individual who executed the power of attorney in writing by certified mail, return receipt requested, or statutory

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overnight delivery and I must also notify any schools, health care providers, and others to whom I give a copy of this power of attorney.

___________________________________ (Agent signature)

___________________________________ (Printed name)

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

______________________________ Notary public (SEAL) My commission expires: ___________.

_________________________________________ (Organization signature, if applicable)

_________________________________________ (Printed name and title)'"

PART III SECTION 3-1.

Part 4 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to sick, personal, and maternity leave for teachers and other school personnel, is amended by adding a new Code section to read as follows:
"20-2-852.1. A local board of education that permits paternity or maternity time off for biological parents following the birth of a child shall, upon request, make such time off available for individuals adopting a child, in the same manner and utilizing the same type of leave. If the local board of education has established a policy providing time off for biological parents, that period of time shall be the minimum period of leave available for adoptive parents. Requests for additional leave due to the adoption of an ill child or a child with a disability shall be considered on the same basis as comparable cases of such complications accompanying the birth of such a child to an employee or employee's spouse. Any other benefits provided by the local board of education, such as job guarantee or pay, shall be available to both adoptive and biological parents on an equal basis. A local board of education shall not penalize an employee for exercising the rights provided by this Code

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section. The provisions of this Code section shall not apply to an adoption by the spouse of a custodial parent."

PART IV SECTION 4-1.

This Act shall become effective on September 1, 2018.

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

Approved March 3, 2018.

__________

STATE GOVERNMENT LABOR AND INDUSTRIAL RELATIONS TRANSFER STATE WORKFORCE DEVELOPMENT BOARD FROM DEPARTMENT OF ECONOMIC DEVELOPMENT TO TECHNICAL COLLEGE SYSTEM OF GEORGIA; REVISE DUTIES.
No. 289 (Senate Bill No. 377).
AN ACT
To repeal Article 8 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the State Workforce Development Board, and to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to transfer the State Workforce Development Board from the Department of Economic Development to the Technical College System of Georgia; to revise duties and obligations of the State Workforce Development Board; to provide for conforming 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. Article 8 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the State Workforce Development Board, is repealed and reserved.

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SECTION 2. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is revised by amending Chapter 14, which is reserved, as follows:

"CHAPTER 14

34-14-1. (a)(1) Pursuant to Public Law 105-220 and any subsequent amendment to such law, the State Workforce Development Board is hereby created. (2) The State Workforce Development Board shall meet federal composition requirements. The Lieutenant Governor and the Speaker of the House of Representatives shall each have the authority to appoint members as federal law allows. The Governor shall be responsible for selecting the remainder of the members. (3) The State Workforce Development Board's members' terms of service shall be established by the Governor and shall be at the discretion of the appointing authority. (4) The State Workforce Development Board shall have powers and duties as specified by the Governor and as provided for in federal law. (5) The State Workforce Development Board shall be authorized to establish, alter, or amend local workforce development areas in this state and shall be authorized to promulgate rules implementing and governing such local workforce development areas that are compliant with federal law. (6) The State Workforce Development Board shall meet quarterly or when otherwise requested by the chairperson and shall be governed by a set of bylaws which shall be voted on and approved by the State Workforce Development Board. (7) The State Workforce Development Board shall be funded by federal law. (8) The State Workforce Development Board shall be authorized to promulgate rules and regulations for purposes of implementing the state's workforce policy that are compliant with federal law. (b)(1) The Technical College System of Georgia is designated as the administrator of all programs for which the state is responsible pursuant to Public Law 105-220 and any subsequent amendment to such law. (2) The Technical College System of Georgia shall administer such programs and their associated funds pursuant to the policies and methods of implementation which are promulgated by the State Workforce Development Board and the Governor.

34-14-2. (a) The State Workforce Development Board is hereby authorized to develop and facilitate the workforce programs in this state. A local workforce development area's chief local elected official may designate a local fiscal agent or a grant recipient which shall be either a municipal government, county government, consolidated government, or regional commission located within the physical boundaries of the local workforce development

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area and who shall be approved by the State Workforce Development Board in a procedure established through rule. (b) The State Workforce Development Board may enforce the provisions of this chapter and the applicable federal law if the provisions of either are violated."

SECTION 3. Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, is amended by revising Code Section 50-7-11.1, relating to the department's authority to administer and disperse funds, as follows:
"50-7-11.1. In the event the board accepts grants and gifts from the federal government pursuant to Code Section 50-7-10, the board shall also have the authority to administer and disperse those funds for any and all purposes of this article in a manner consistent with the terms of the grant or gift and other applicable laws, the provisions of Code Section 50-7-11 notwithstanding."

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

Approved March 22, 2018.

__________

PUBLIC OFFICERS AND EMPLOYEES DISTRICT ATTORNEYS; MANNER OF FILLING VACANCIES.

No. 291 (House Bill No. 907).

AN ACT

To amend Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to vacation of office, so as to provide for the appointment and election of a successor in the event of a vacancy in the office of district attorney; to provide for the term of such successor; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to vacation of office, is amended by revising subsection (a) of Code Section 45-5-3, relating to election or appointment of successor to fill unexpired terms, as follows:
"(a) In those instances where the law applicable to an elective public office does not provide for filling a vacancy in such office and the Governor fills such vacancy pursuant to the authority of Article V, Section II, Paragraph VIII(a) of the Constitution, the vacancy shall be filled as follows:
(1) If the vacancy occurs during the final 27 months of a term of office, the Governor shall appoint a person to fill such vacancy for the remainder of the unexpired term of office; or (2) If the vacancy occurs at any time prior to the time specified in paragraph (1) of this subsection, the Governor shall appoint a person to fill such vacancy until such vacancy is filled for the unexpired term of office at a special election provided for in subsection (b) of this Code section."

SECTION 2. Said chapter is further amended by adding a new Code section to read as follows:
"45-5-3.2. (a) In those instances where the Governor fills a vacancy in the office of district attorney pursuant to Article VI, Section VIII, Paragraph I(a) of the Constitution, the vacancy shall be filled by the Governor appointing a qualified individual to the office of district attorney who shall serve until January 1 of the year following the next state-wide general election which is more than six months after the date of the appointment of such individual, even if such period of time extends beyond the unexpired term of the prior district attorney. (b) A special election shall be held on the same date as the state-wide November general election which is first held following the date of the vacancy which is more than six months after the appointment of an individual to fill the vacancy and shall be held in conjunction with such general election. (c) It shall be the duty of the Secretary of State to call and conduct the special election required by subsection (b) of this Code section in accordance with the applicable provisions of Chapter 2 of Title 21, the 'Georgia Election Code.' Any individual elected at such special election pursuant to subsection (b) of this Code section shall possess the qualifications to seek and hold such office as provided by law. (d) The individual elected in the special election conducted pursuant to subsection (b) of this Code section shall begin a new four-year term of office on January 1 immediately following such special election."

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

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

Approved March 22, 2018.

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REVENUE AND TAXATION CORPORATE INCOME TAXES; EXPIRATION OF CERTAIN INCOME TAX CREDITS.
No. 292 (Senate Bill No. 328).
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 modify income taxation of corporations; to provide for the expiration of certain income tax credits; 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 in Code Section 48-7-21, relating to taxation of corporations, by revising subparagraph (b)(8)(A) as follows:
"(A) A corporation from sources outside the United States as defined in the Internal Revenue Code of 1986. For purposes of this subparagraph, dividends received by a corporation from sources outside of the United States shall include amounts treated as a dividend and income deemed to have been received under provisions of the Internal Revenue Code of 1986 by such corporation if such amounts could have been subtracted from taxable income under this paragraph, had such amounts actually been received. The deduction provided by Section 250 shall apply to the extent the same income was

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included in Georgia taxable net income. The deduction, exclusion, or subtraction provided by Section 245A, Section 965, or any other section of the Internal Revenue Code of 1986 shall not apply to the extent income has been subtracted pursuant to this subparagraph. Amounts to be subtracted under this subparagraph shall include the following unless excluded by this paragraph, as defined by the Internal Revenue Code of 1986:
(i) Qualified electing fund income; (ii) Subpart F income, including income specified in Section 951A of the Internal Revenue Code of 1986; and (iii) Income attributable to an increase in United States property by a controlled foreign corporation. The amount subtracted under this subparagraph shall be reduced by any expenses directly attributable to the dividend income; and"

SECTION 2. Said article is further amended in Code Section 48-7-29.3, relating to income tax credits for federal qualified transportation fringe benefits, by adding a new subsection to read as follows:
"(e) This Code section shall stand repealed on December 31, 2018."

SECTION 3. Said article is further amended in Code Section 48-7-29.5, relating to income tax credits for private driver education courses, by adding a new subsection to read as follows:
"(f) This Code section shall stand repealed on December 31, 2018."

SECTION 4. Said article is further amended in Code Section 48-7-40.19, relating to income tax credits for diesel particulate emission reduction technology equipment, by adding a new subsection to read as follows:
"(e) This Code section shall stand repealed on December 31, 2018."

SECTION 5. 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 6. All laws and parts of laws in conflict with this Act are repealed.

Approved March 27, 2018.

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CONSERVATION AND NATURAL RESOURCES REPEAL HISTORIC CHATTAHOOCHEE COMPACT.

No. 293 (House Bill No. 777).

AN ACT

To repeal Article 5 of Chapter 10 of Title 12 of the Official Code of Georgia Annotated, relating to the Historic Chattahoochee Compact; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 5 of Chapter 10 of Title 12 of the Official Code of Georgia Annotated, relating to the Historic Chattahoochee Compact, is repealed in its entirety and designated as "Reserved."

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

Approved March 29, 2018.

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EDUCATION GEORGIA AGRICULTURAL EDUCATION ACT.
No. 294 (Senate Bill No. 330).
AN ACT
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to provide that the agricultural education program is based on a three-component model; to provide for a pilot program to develop and implement agricultural education in elementary schools; to provide for selection of pilot sites; to provide for program requirements; to provide for a program evaluation; to provide for the Professional Standards Commission to extend in-field certification for agricultural education to include kindergarten through grade five; to provide for related matters; to

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provide for a short title; 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 "Georgia Agricultural Education Act."

SECTION 2. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," is amended by adding new Code sections to Part 3, relating to educational programs, to read as follows:
"20-2-154.2. The agricultural education program provided in this state to students in grades six through 12 shall be based on the nationally recognized three-component model of school based agricultural education: daily instruction in an organized classroom and lab environment; hands-on, experiential learning opportunities through a supervised agriculture experience (SAE) program; and leadership and learning opportunities through participation in the Georgia FFA Association, the National FFA Organization, and agricultural education. The Department of Education, through its agricultural education program employees, shall develop the curriculum and standards for the agricultural education program, with input from agricultural education teachers, so as to include all three components of such model and local school systems shall include all three components of such model whenever offering any agricultural education course approved by the State Board of Education. The Department of Education shall maintain an adequate number of full-time employees, certified in agricultural education and distributed regionally throughout the state, to provide accountability for state and federal funds for program delivery of agricultural education, to continue to develop and maintain pertinent agricultural education curriculum and standards, to assist local school systems on matters related to agricultural education, and to coordinate regional and state-wide activities of the Georgia FFA Association, the National FFA Organization, and agricultural education.

20-2-154.3. (a) The Department of Education, through its agricultural education program, shall be authorized to establish a pilot program, beginning in the 2019-2020 school year, to provide for agricultural education in elementary schools in this state. The purpose of the pilot program shall be to determine whether and how to implement an elementary agricultural education program state wide. (b) The Department of Education, through its agricultural education program employees described in Code Section 20-2-154.2, is authorized to select a minimum of six public elementary schools for participation in the pilot program, with one elementary school in

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each of the six existing regions established by the agricultural education program of the Department of Education. The local board of education for each elementary school selected to be in the pilot program shall agree to implement and fully fund an elementary agricultural education program in such school and to continue to provide such elementary agricultural education program for a period no shorter than three years. The local school system may employ an agricultural education teacher to provide such program for the elementary school. (c) The Department of Education, through its agricultural education program employees described in Code Section 20-2-154.2, and local school systems shall collaborate to establish the curriculum for each elementary agricultural education program. Such curriculum shall be grade-appropriate and include instruction in an organized classroom; collaborative learning experiences through investigation and inquiry, including laboratory and site-based learning activities; and personal and leadership development opportunities. (d) The Department of Education, through its agricultural education program, shall provide for a program evaluation regarding the success and impact of the pilot program upon completion of the third year of the pilot program and shall report the results of such evaluation to the House Committee on Agriculture and Consumer Affairs and the Senate Agriculture and Consumer Affairs Committee and to the House Committee on Education and the Senate Education and Youth Committee."

SECTION 3. Said article is further amended in Code Section 20-2-200, relating to regulation of certificated professional personnel by the Professional Standards Commission, by adding a new paragraph to subsection (b) to read as follows:
"(6) No later than July 1, 2019, the Professional Standards Commission shall extend in-field certification for agricultural education to include kindergarten through grade five."

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

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

Approved April 27, 2018.

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CONSERVATION AND NATURAL RESOURCES LIMITATIONS ON EFFECT OF GEORGIA AIR QUALITY ACT; AUTHORIZE CERTAIN AGRICULTURAL BURNING.

No. 295 (House Bill No. 885).

AN ACT

To amend Article 1 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, "The Georgia Air Quality Act," so as to revise certain provisions relating to limitations on the effect of said Act on powers of the Board of Natural Resources, Department of Natural Resources, Environmental Protection Division of said department, and director of said division; to authorize certain agricultural burning; 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 9 of Title 12 of the Official Code of Georgia Annotated, "The Georgia Air Quality Act," is amended by revising Code Section 12-9-21, relating to limitations on the effect of said Act on powers of the Board of Natural Resources, Department of Natural Resources, Environmental Protection Division of said department, and director of said division, as follows:
"12-9-21. Nothing contained in this article shall be deemed to grant to the Board of Natural Resources, department, division, or director any jurisdiction or authority to make any rule, regulation, recommendation, or determination or to enter any order:
(1) With respect to air conditions existing solely within the property boundaries of commercial and industrial plants, works, or operations if such locations are not subject to regulation under the federal act; (2) Affecting the relations between employers and employees with respect to or arising out of any air conditions if such relations are not subject to regulation under the federal act; except that a source which uses a supplemental or intermittent control system for purposes of complying with an order issued by the director under Code Section 12-9-13 or the administrator under 42 U.S.C. Section 7413(d) may not temporarily reduce the pay of any employee by reason of the use of supplemental or intermittent or other dispersion dependent control systems for control of emissions of air pollutants; (3) Limiting or restricting the owners of any forest land from burning over their own land, provided that such burning is consistent with the requirements of the federal act; or

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(4) Limiting or restricting burning over any agricultural tract, lot, or parcel greater than five acres for purposes of any existing, expanded, or new agricultural operations as such term is defined by Code Section 1-3-3, provided that such burning is consistent with the requirements of the federal act and is limited to vegetative material."

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

Approved May 2, 2018.

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REVENUE AND TAXATION AD VALOREM TAXATION; FOREST LAND CONSERVATION USE PROPERTY; TIMBERLAND PROPERTY.

No. 296 (House Bill No. 85).

AN ACT

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise definitions related to the value of property; to provide for the values for assessments for forest land conservation use property and qualified timberland property; to revise provisions related to covenants for forest land conservation use property; to provide for the certification and appraisal of certain timberland property by the state revenue commissioner; to provide for the return of such property to the commissioner; to provide for appeals; to provide for definitions; to provide that the state revenue commissioner shall deduct and retain an administrative fee from assistance grants related to forest land conservation use property; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Chapter 5, relating to ad valorem taxation of property, by adding a new subparagraph to paragraph (3) of Code Section 48-5-2, relating to definitions, as follows:
"(G) Fair market value of 'qualified timberland property' means the fair market value determined in accordance with Article 13 of this chapter."

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SECTION 2. Said title is further amended in said chapter by revising paragraphs (5) and (6) of Code Section 48-5-2, relating to definitions, as follows:
"(5) 'Forest land conservation use value' of forest land conservation use property means the amount determined in accordance with the specifications and criteria provided for in Code Section 48-5-271 and Article VII, Section I, Paragraph III(f) of the Constitution. (6) 'Forest land fair market value' means the fair market value of the forest land determined in accordance with Article VII, Section I, Paragraph III(f) of the Constitution."

SECTION 3. Said title is further amended in said chapter by adding two new subsections to Code Section 48-5-7, relating to assessment of tangible property, to read as follows:
"(c.5) Tangible real property which qualifies as forest land conservation use property pursuant to the provisions of Code Section 48-5-7.7 shall be assessed at 40 percent of its forest land conservation use value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's forest land conservation use value. (c.6) Tangible real property which qualifies as qualified timberland property in accordance with the provisions of Article 13 of this chapter shall be assessed at 40 percent of its fair market value of qualified timberland property and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of its fair market value of qualified timberland property as such value is determined by the commissioner in accordance with Article 13 of this chapter."

SECTION 4. Said title is further amended in said chapter by revising subsections (b), (c), (d), and (v) of Code Section 48-5-7.7, relating to the Georgia Forest Land Protection Act of 2008, as follows:
"(b) As used in this Code section, the term: (1) 'Contiguous' means real property within a county that abuts, joins, or touches and has the same undivided common ownership. If an applicant's tract is divided by a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track, then the applicant has, at the time of the initial application, a one-time election to declare the tract as contiguous irrespective of a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track. (2) 'Forest land conservation use property' means real property that is forest land of at least 200 acres in aggregate which lies within one or more counties, provided that such forest land is in parcels of at least 100 acres within any given county and that is subject to the following qualifications:

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(A) Such property must be owned by an individual or individuals or by any entity registered to do business in this state; (B) Such property excludes the entire value of any residence and its underlying land located on the property; as used in this subparagraph, the term 'underlying land' means the minimum lot size required for residential construction by local zoning ordinances or two acres, whichever is less. This provision for excluding the underlying land of a residence from eligibility in the conservation use covenant shall only apply to property that is first made subject to such a covenant, or is subject to a renewal of a previous conservation use covenant, on or after January 1, 2014; (C) Such property has as its primary use the good faith subsistence or commercial production of trees, timber, or other wood and wood fiber products from or on the land. Such primary use includes land conservation and ecological forest management in which commercial production of wood and wood fiber products may be undertaken primarily for conservation and restoration purposes rather than financial gain. Such property may, in addition, have one or more of the following secondary uses:
(i) The promotion, preservation, or management of wildlife habitat; (ii) Carbon sequestration in accordance with the Georgia Carbon Sequestration Registry; (iii) Mitigation and conservation banking that results in restoration or conservation of wetlands and other natural resources; or (iv) The production and maintenance of ecosystem products and services, such as, but not limited to, clean air and water. Forest land conservation use property may include, but is not limited to, land that has been certified as environmentally sensitive property by the Department of Natural Resources or which is managed in accordance with a recognized sustainable forestry certification program, such as the Sustainable Forestry Initiative, Forest Stewardship Council, American Tree Farm Program, or an equivalent sustainable forestry certification program approved by the State Forestry Commission. (3) 'Qualified owner' means any individual or individuals or any entity registered to do business in this state. (4) 'Qualified property' means forest land conservation use property as defined in this subsection. (5) 'Qualifying purpose' means a use that meets the qualifications of subparagraph (C) of paragraph (2) of this subsection. (c) The following additional rules shall apply to the qualification of forest land conservation use property for conservation use assessment: (1) Forest land conservation use property of an owner within a county for which forest land conservation use assessment is sought under this Code section shall be in covenants, which shall include forest land of at least 200 acres in aggregate which lies within one or more counties, provided that such forest land is in parcels of at least 100 acres within any given county, unless otherwise required under subsection (e) of this Code section;

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(2) When one-half or more of the area of a single tract of real property is used for the qualifying purpose, then the entirety of such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the portion of the tract that is not being used for a qualifying purpose; provided, however, that such other portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems or must be used for one or more secondary purposes specified in subparagraph (b)(2)(C) of this Code section. The following uses of real property shall not constitute using the property for another type of business:
(A) The lease of hunting rights or the use of the property for hunting purposes; (B) The charging of admission for use of the property for fishing purposes; (C) The production of pine straw or native grass seed; (D) The granting of easements solely for ingress and egress; and (E) Any type of business devoted to secondary uses listed under subparagraph (b)(2)(C) of this Code section; and (3) No otherwise qualified forest land conservation use property shall be denied conservation use assessment on the grounds that no soil map is available for the county or counties, if applicable, in which such property is located; provided, however, that if no soil map is available for the county or counties, if applicable, in which such property is located, the board of tax assessors shall use the current soil classification applicable to such property. (d) No property shall qualify for conservation use assessment under this Code section unless and until the qualified owner of such property agrees by covenant with the appropriate taxing authority to maintain the eligible property in forest land conservation use for a period of ten years beginning on the first day of January of the year in which such property qualifies for such conservation use assessment and ending on the last day of December of the final year of the covenant period. After the qualified owner has applied for and has been allowed conservation use assessment provided for in this Code section, it shall not be necessary to make application thereafter for any year in which the covenant period is in effect and conservation use assessment shall continue to be allowed such qualified owner as specified in this Code section. At least 60 days prior to the expiration date of the covenant, the county board of tax assessors where the property is located shall send by first-class mail written notification of such impending expiration. Upon the expiration of any covenant period, the property shall not qualify for further conservation use assessment under this Code section unless and until the qualified owner of the property has entered into a renewal covenant for an additional period of ten years; provided, however, that the qualified owner may enter into a renewal contract in the ninth year of a covenant period so that the contract is continued without a lapse for an additional ten years." "(v) At such time as the property ceases to be eligible for forest land conservation use assessment or when any ten-year covenant period expires and the property does not qualify

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for further forest land conservation use assessment, the qualified owner of the property shall file an application for release of forest land conservation use treatment with the county board of tax assessors where the property is located who shall approve the release upon verification that all taxes and penalties with respect to the property have been satisfied. After the application for release has been approved by such board of tax assessors, the board shall file the release in the office of the clerk of the superior court in the county in which the original covenant was filed. The clerk of the superior court shall file and index such release in the real property records maintained in the clerk's office. No fee shall be paid to the clerk of the superior court for recording such release. The commissioner shall by regulation provide uniform release forms."

SECTION 5. Said title is further amended in said chapter by adding a new article to read as follows:

"ARTICLE 13

48-5-600. As used in this article, the term:
(1) 'Bona fide production of trees' means the good faith, real, actual, and genuine production of trees for commercial uses. (2) 'Qualified owner' means an individual or entity that meets the conditions of Code Section 48-5-603. (3) 'Qualified timberland property' means timberland property that meets the conditions of Code Section 48-5-604. (4) 'Timberland property' means tangible real property that has as its primary use the bona fide production of trees for the primary purpose of producing timber for commercial uses.

48-5-600.1. In accordance with Article VII, Section I, Paragraph III(f.1) of the Constitution of Georgia, qualified timberland property shall be classified as a separate and distinct class of tangible property. The procedures prescribed by this article for appraisal and valuation of such property and for appeals of the assessed value of such property shall be exclusive.

48-5-601. (a) Qualified timberland property shall be returned to the commissioner between January 1 and April 1 each year. (b) The fair market value of qualified timberland property shall be determined through an annual appraisal conducted by the commissioner in accordance with the qualified timberland property appraisal manual provided for in Code Section 48-5-602.

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(c) The commissioner shall have access to qualified timberland property for the purpose of conducting appraisals, provided that prior notice has been given to the qualified owner of such property. (d) The commissioner shall ensure that the appraisal values of qualified timberland property are delivered to county tax officials by July 1 of each year. (e) Notwithstanding anything in this chapter to the contrary, pursuant to Article VII, Section I, Paragraph III(f.1) of the Constitution, the value of qualified timberland property shall be at least 175 percent of such property's forest land conservation value determined pursuant to this chapter.

48-5-602. (a) The commissioner shall adopt by rule, subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and maintain a qualified timberland property appraisal manual that shall be used by the commissioner in the appraisal of qualified timberland property for ad valorem tax purposes. (b) The commissioner shall provide for a period of consultation with the Georgia Agricultural Statistical Service, Cooperative Extension Service, Georgia Forestry Association, and State Forestry Commission prior to the adoption of the qualified timberland property appraisal manual.
(c)(1) Such manual shall be proposed and published on or before June 1, 2019, and annually thereafter. (2) Published manuals shall apply to the tax year following the tax year in which they are published. (3) This annual publication requirement shall not be construed to require annual adjustments, revisions, or modifications to the appraisal methodology. (d) Such manual shall contain: (1) Complete parameters for the appraisal of qualified timberland property; (2) A table of regional values for qualified timberland property based on the geographic locations and productivity levels within the state; and (3) A prescription of methods and procedures by which identification data, appraisal and assessment data, sales data, and any other information relating to the appraisal and assessment of property shall be furnished to the department using electronic data processing systems and equipment.

48-5-603. The commissioner shall certify as a qualified owner any individual or entity registered to do business in this state that is engaged in the bona fide production of trees for the primary purpose of producing timber for commercial uses, provided that such individual or entity:
(1) Registers with the commissioner; and (2) Certifies to the commissioner that such individual or entity is engaged in the bona fide production of trees.

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48-5-604. (a) Upon application by a qualified owner, the commissioner shall certify as qualified timberland property any timberland property that is titled to a qualified owner, provided that:
(1) The timberland property is at least 50 contiguous acres; (2) The production of trees on the timberland property is being done for the purpose of making a profit and is the primary activity taking place on the property; (3) A consistent effort has been clearly demonstrated in land management in accordance with accepted commercial forestry practices, which may include reforestation, periodic thinning, undergrowth control of unwanted vegetation, fertilization, prescribed burning, sales of timber, and maintenance of firebreaks; and (4) Such qualified owner:
(A) Submits a list of all parcels to the commissioner that contain timberland property and that identify the specific portions of such parcels that such owner certifies are timberland property; and (B) Certifies that such timberland property is used for the bona fide production of trees and that:
(i) There is a reasonable attainable economic salability of the timber products within a reasonable future time; and (ii) The production of trees is being done for the purpose of making a profit and is the primary activity taking place on the property. (b)(1) The qualified owner's submission provided for in paragraph (4) of subsection (a) of this Code section shall be certified by the qualified owner and shall be updated annually filed together with such qualified owner's return required by subsection (a) of Code Section 48-5-601. If such conditions are not met annually, the real property at issue shall be decertified as qualified timberland property and the commissioner shall notify the respective county tax officials of such decertification by April 15 of the respective year. (2) The commissioner shall be authorized to conduct an audit of any list submitted pursuant to this Code section. (c) The commissioner shall file certifications of qualified timberland property with the respective county tax officials in which any of such real property exists by April 15 each year.

48-5-605. (a) A taxpayer or county board of tax assessors may appeal the commissioner's decisions related to:
(1) Such taxpayer's status as a qualified owner; (2) The certification or noncertification of such taxpayer's timberland as qualified timberland property; or (3) The appraised value of such taxpayer's qualified timberland property.

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(b)(1) Such appeals shall be made as an appeal to the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 within 30 days of the commissioner's publication of such decision. (2) The Georgia Tax Tribunal shall issue a final decision on such appeals on or before September 1 of the year in which an appeal is filed.

48-5-606. (a) A taxpayer, group of taxpayers, county board of tax assessors, or association representing taxpayers may appeal the commissioner's decisions related to the commissioner's complete parameters for the appraisal of qualified timberland property required by paragraph (1) of subsection (d) of Code section 48-5-602.
(b)(1) Such appeals shall be made as an appeal to the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 within 60 days of the commissioner's publication of such manual. (2) The Georgia Tax Tribunal shall issue a final decision on such appeals on or before September 1 of the year in which an appeal is filed.

48-5-607. The commissioner shall be authorized to prescribe such forms and promulgate such rules and regulations as are necessary to implement this article."

SECTION 6. Said title is further amended in Chapter 5A, relating to special assessment of forest land conservation use property, by adding two new Code sections to read as follows:
"48-5A-5. Pursuant to Article VII, Section I, Paragraph III(f) of the Constitution, the commissioner shall deduct and retain an amount equal to 3 percent of an assistance grant upon distribution of such assistance grant to a county, municipality, or county or independent school district as an administrative fee to provide for the costs of administering Article 13 of Chapter 5 of this title.

48-5A-6. (a) For 2019, the value of the local assistance grant to any county shall be increased by an amount equal to 80 percent of the difference between the value of the local assistance grant such county received for 2018 and the amount for which such county is eligible to receive in 2019. (b) For 2020, the value of the local assistance grant to any county shall be increased by an amount equal to 60 percent of the difference between the value of the local assistance grant such county received for 2018 and the amount for which such county is eligible to receive in 2020.

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(c) For 2021, the value of the local assistance grant to any county shall be increased by an amount equal to 40 percent of the difference between the value of the local assistance grant such county received for 2018 and the amount for which such county is eligible to receive in 2021. (d) For 2022, the value of the local assistance grant to any county shall be increased by an amount equal to 20 percent of the difference between the value of the local assistance grant such county received for 2018 and the amount for which such county is eligible to receive in 2022."

SECTION 7. (a) This Act shall become effective on January 1, 2019, only if an amendment to the Constitution of Georgia is ratified at the November, 2018, general election modifying constitutional prescriptions for forest land conservation use property and related assistance grants, permitting the withholding of a portion of assistance grants to provide for certain state administrative costs, and establishing qualified timberland property as a subclassification of tangible property for purposes of ad valorem taxation. (b) If such an amendment to the Constitution is not so ratified, then this Act shall not become effective and shall stand repealed by operation of law on January 1, 2019.

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

Approved May 2, 2018.

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MOTOR VEHICLES AND TRAFFIC HANDS-FREE GEORGIA ACT.

No. 298 (House Bill No. 673).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to prohibit actions which distract a driver while operating a motor vehicle; to provide for the proper and safe use of wireless telecommunications devices and stand-alone electronic devices while driving; to provide for definitions; to prohibit certain actions while operating a commercial motor vehicle; to provide for violations; to provide for punishment; to provide for exemptions; to provide for conditions under which a citation may be issued for violations; to provide for the assessment of points upon conviction; to repeal Code Sections 40-6-241.1 and 40-61-241.2, relating to definitions, prohibition on certain persons

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operating a motor vehicle while engaging in wireless communications, exceptions, and penalties and prohibition on persons operating a motor vehicle while writing, sending, or reading text based communications, prohibited uses of wireless telecommunication devices by drivers of commercial vehicles, exceptions, and penalties for violation, respectively; to correct cross-references; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Hands-Free Georgia Act."

SECTION 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subparagraph (c)(1)(A) of Code Section 40-5-57, relating to suspension or revocation of license of habitually negligent or dangerous driver and point system, as follows:
"(c)(1)(A) Except as provided in subparagraph (C) of this paragraph, the points to be assessed for each offense shall be as provided in the following schedule:
(i) Aggressive driving. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 points
(ii) Reckless driving.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 points
(iii) Unlawful passing of a school bus. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 points
(iv) Improper passing on a hill or a curve. . . . . . . . . . . . . . . . . . . . . . . . . 4 points
(v) Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points
(vi) Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 points
(vii) Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 points
(viii) Exceeding the speed limit by 34 miles per hour or more. . . . . . . . . 6 points
(ix) Disobedience of any traffic-control device or traffic officer. . . . . . . 3 points
(x) Too fast for conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 points
(xi) Possessing an open container of an alcoholic beverage while driving. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points

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(xii) Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points
(xiii) Violation of child safety restraint requirements, first offense. . . . . 1 point
(xiv) Violation of child safety restraint requirements, second or subsequent offense. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points
(xv) First violation of Code Section 40-6-241.. . . . . . . . . . . . . . . . . . . . . 1 point

(xvi) Second violation of Code Section 40-6-241. . . . . . . . . . . . . . . . . . . 2 points
(xvii) Third or subsequent violation of Code Section 40-6-241. . . . . . . . 3 points
(xviii) All other moving traffic violations which are not speed limit violations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 points"
SECTION 3. Said title is further amended by revising subsections (d) and (e) of Code Section 40-6-165, relating to operation of school buses, as follows:
"(d) The driver of a school bus shall not use or operate a wireless telecommunications device, as such term is defined in Code Section 40-6-241, or two-way radio while loading or unloading passengers. (e) The driver of a school bus shall not use or operate a wireless telecommunications device, as such term is defined in Code Section 40-6-241, while the bus is in motion, unless it is being used in a similar manner as a two-way radio to allow live communication between the driver and school officials or public safety officials."
SECTION 4. Said title is further amended by revising Code Section 40-6-241, relating to driver to exercise due care and proper use of radios and mobile telephones allowed, as follows:
"40-6-241. (a) As used in this Code section, the term:
(1) 'Stand-alone electronic device' means a device other than a wireless telecommunications device which stores audio or video data files to be retrieved on demand by a user. (2) 'Utility services' means and includes electric, natural gas, water, waste-water, cable, telephone, or telecommunications services or the repair, location, relocation, improvement, or maintenance of utility poles, transmission structures, pipes, wires, fibers, cables, easements, rights of way, or associated infrastructure.

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(3) 'Wireless telecommunications device' means a cellular telephone, a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver, or substantially similar portable wireless device that is used to initiate or receive communication, information, or data. Such term shall not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent, subscription based emergency communication device, prescribed medical device, amateur or ham radio device, or in-vehicle security, navigation, or remote diagnostics system. (b) A driver shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the safe operation of such vehicle. (c) While operating a motor vehicle on any highway of this state, no individual shall: (1) Physically hold or support, with any part of his or her body a:
(A) Wireless telecommunications device, provided that such exclusion shall not prohibit the use of an earpiece, headphone device, or device worn on a wrist to conduct a voice based communication; or (B) Stand-alone electronic device; (2) Write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data on a wireless telecommunications device or stand-alone electronic device; provided, however, that such prohibition shall not apply to: (A) A voice based communication which is automatically converted by such device to be sent as a message in a written form; or (B) The use of such device for navigation of such vehicle or for global positioning system purposes; (3) Watch a video or movie on a wireless telecommunications device or stand-alone electronic device other than watching data related to the navigation of such vehicle; or (4) Record or broadcast a video on a wireless telecommunications device or stand-alone electronic device; provided that such prohibition shall not apply to electronic devices used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle. (d) While operating a commercial motor vehicle on any highway of this state, no individual shall: (1) Use more than a single button on a wireless telecommunications device to initiate or terminate a voice communication; or (2) Reach for a wireless telecommunications device or stand-alone electronic device in such a manner that requires the driver to no longer be: (A) In a seated driving position; or (B) Properly restrained by a safety belt. (e) Each violation of this Code section shall constitute a separate offense.

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(f) (1) Except as provided for in paragraph (2) of this subsection, any person convicted of violating this Code section shall be guilty of a misdemeanor which shall be punished as follows:
(A) For a first conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous 24 month period of time, as measured from the dates any previous convictions were obtained or pleas of nolo contendere were accepted to the date the current conviction is obtained or plea of nolo contendere is accepted, a fine of not more than $50.00, 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 a person for conviction thereof; (B) For a second conviction within a 24 month period of time, as measured from the dates any previous convictions were obtained or pleas of nolo contendere were accepted to the date the current conviction is obtained or plea of nolo contendere is accepted, a fine of not more than $100.00, 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 a person for conviction thereof; or (C) For a third or subsequent conviction within a 24 month period of time, as measured from the dates any previous convictions were obtained or pleas of nolo contendere were accepted to the date the current conviction is obtained or plea of nolo contendere is accepted, a fine of not more than $150.00, 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 a person for conviction thereof. (2) Any person appearing before a court for a first charge of violating paragraph (1) of subsection (c) of this Code section who produces in court a device or proof of purchase of such device that would allow such person to comply with such paragraph in the future shall not be guilty of such offense. The court shall require the person to affirm that they have not previously utilized the privilege under this paragraph. (g) Subsections (c) and (d) of this Code section shall not apply when the prohibited conduct occurred: (1) While reporting a traffic accident, medical emergency, fire, an actual or potential criminal or delinquent act, or road condition which causes an immediate and serious traffic or safety hazard; (2) By an employee or contractor of a utility services provider acting within the scope of his or her employment while responding to a utility emergency; (3) By a law enforcement officer, firefighter, emergency medical services personnel, ambulance driver, or other similarly employed public safety first responder during the performance of his or her official duties; or (4) While in a motor vehicle which is lawfully parked."

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SECTION 5. Said title is further amended by repealing in its entirety Code Section 40-6-241.1, relating to definitions, prohibition on certain persons operating a motor vehicle while engaging in wireless communications, exceptions, and penalties.

SECTION 6. Said title is further amended by repealing in its entirety Code Section 40-6-241.2, relating to prohibition on persons operating a motor vehicle while writing, sending, or reading text based communications, prohibited uses of wireless telecommunication devices by drivers of commercial vehicles, exceptions, and penalties for violation.

SECTION 7. Said title is further amended by replacing "Code Section 40-6-241.2" with "Code Section 40-6-241" wherever the former occurs in: (1) Code Section 40-5-142, relating to definitions relative to commercial drivers' licenses; and (2) Code Section 40-5-159, relating to violations by commercial drivers' license holders.

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

Approved May 2, 2018.

__________

FOOD, DRUGS, AND COSMETICS HEALTH REVENUE AND TAXATION IMPLEMENTATION FOR HOUSE RURAL DEVELOPMENT COUNCIL RECOMMENDATIONS REGARDING HEALTH CARE.

No. 299 (House Bill No. 769).

AN ACT

To amend Chapter 4 of Title 26 and Title 31 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies and health, respectively, so as to implement recommendations from the House Rural Development Council relating to health care issues; to revise provisions relative to pharmacy practices; to provide for and revise definitions; to revise provisions relative to credentialing and billing; to provide for the establishment of the Rural Health System Innovation Center; to revise provisions relative to certificate of need; to provide for the establishment of micro-hospitals; to provide for a grant program for

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insurance premium assistance for physicians practicing in medically underserved rural areas of the state; to amend Code Section 48-7-29.20 of the Official Code of Georgia Annotated, relating to tax credits for contributions to rural hospital organizations, so as to increase the value of the tax credit to 100 percent; to remove limitations on total amounts allowed to individual taxpayers; to provide that credits are allowable to certain pass-through entities; to provide for limits on contributions by individual taxpayers during the first six months of the year; to extend the date for automatic repeal; to provide for related matters; to provide for effective dates and contingent effective dates; 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 revising paragraph (37.2) as follows:
"(37.2) 'Remote order entry' means the entry made by a pharmacist licensed in this state, who is an employee or contractor of a pharmacy licensed in this state or that holds a nonresident pharmacy permit issued pursuant to Code Section 26-4-114.1, from a remote location anywhere in the United States indicating that the pharmacist has reviewed the patient specific drug order for a hospital patient, has approved or disapproved the administration of the drug for such patient, and has entered the information in the hospital's patient record system."

SECTION 2. Said chapter is further amended in Code Section 26-4-80, relating to license required for practice of pharmacy, dispensing of prescription drugs, prescription drug orders, electronically transmitted drug orders, refills, and Schedule II controlled substance prescriptions, by revising paragraph (7) of subsection (c) as follows:
"(7)(A) The board shall promulgate rules and regulations under this Code section for institutional settings such as hospital pharmacies, nursing home pharmacies, clinic pharmacies, or pharmacies owned or operated directly by health maintenance organizations. (B) The rules established pursuant to subparagraph (A) of this paragraph shall specifically authorize hospital pharmacies to use remote order entry when:
(i) The licensed pharmacist is not physically present in the hospital, the hospital pharmacy is closed, and a licensed pharmacist will be physically present in the hospital pharmacy within 24 hours or the next business day; (ii) At least one licensed pharmacist is physically present in the hospital; or (iii) At least one licensed pharmacist is physically present in another hospital within this state which remotely serves only on weekends not more than four other hospitals

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under the same ownership or management which have an average daily census of less than 12 acute patients. (C) Before a hospital may engage in remote order entry as provided in this paragraph, the director of pharmacy of the hospital shall submit to the board written policies and procedures for the use of remote order entry. The required policies and procedures to be submitted to the board shall be in accordance with the American Society of Health-System Pharmacists and shall contain provisions addressing quality assurance and safety, mechanisms to clarify medication orders, processes for reporting medication errors, documentation and record keeping, secure electronic access to the hospital pharmacy's patient information system and to other electronic systems that the on-site pharmacist has access to, access to hospital policies and procedures, confidentiality and security, and mechanisms for real-time communication with prescribers, nurses, and other caregivers responsible for the patient's health care. (D) If the board concludes that the hospital's actual use of remote order entry does not comply with this paragraph or the rules adopted pursuant to this chapter, it may issue a cease and desist order after notice and hearing."

SECTION 3A. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Chapter 2, relating to the Department of Community Health, by adding new Code sections to read as follows:
"31-2-15. (a) As used in this Code section, the term 'state medical plan' means the state health benefit plan under Article 1 of Chapter 18 of Title 45, the medical assistance program under Article 7 of Chapter 4 of Title 49, the PeachCare for Kids Program under Article 13 of Chapter 5 of Title 49, and any other health benefit plan or policy administered by or on behalf of the state. (b) The department shall take all reasonable steps to streamline and expedite the credentialing and billing processes for state medical plans, including but not limited to examining the potential for a uniform billing platform or portal; examining the potential for the standardization of billing codes among providers; posting billing criteria and codes on the department's website; enabling a dual track process for credentialing and contract negotiation for new providers; allowing billing for telehealth delivered care and allowing payment for both the on-site provider and off-site provider; and maximizing billing for multiple specialists and multiple encounters with one provider at a single visit in safety net settings, critical access settings, federally qualified health centers, and general practitioner settings. (c) This Code section shall not be construed to require the department to act in violation of any federal law, rule, or regulation.

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31-2-16. (a) There is created and established the Rural Health System Innovation Center within the department's State Office of Rural Health to serve as a research organization that utilizes Georgia's academic, public health policy, data, and workforce resources to develop new approaches for financing and delivering health care in this state. The department shall release a request for proposals, no later than December 1, 2018, to identify a postsecondary institution within the state in which the center shall be located. Such postsecondary institution shall have a health program or college that focuses on rural and underserved areas of the state. The department shall reissue a request for proposal after seven years and every five years thereafter. (b) The purposes and duties of the Rural Health System Innovation Center shall be to:
(1) Develop a research program to identify and analyze significant health system problems and to propose solutions and best practices to such problems; (2) Focus on access improvement to affordable health care in rural Georgia; (3) Synthesize existing studies, reports, and data to provide a baseline assessment and set measurable goals as part of Georgia's strategic reform plan; (4) Incorporate recommendations from state reform efforts to build the state's reform plan; (5) Evaluate and make recommendations for the fiscal stabilization of rural health care delivery systems and ensure their design is appropriate for the community served by such systems; (6) Provide technical assistance and expertise to address immediate needs of rural communities; (7) Develop state-wide pilot projects, identify innovative approaches to funding these projects, and track and evaluate the projects' performance; (8) Connect to a central health data repository for collection and dissemination of health data and serve as a clearinghouse for data integration and analysis; (9) Produce studies that address cost-drivers and duplication to eliminate barriers to health care and reduce costs; (10) Monitor current and future health care workforce needs and advise the Georgia Board for Physician Workforce of significant changes in need or demand; (11) Participate in other state-wide health initiatives or programs affecting the entire state and nonrural areas of Georgia. The center shall cooperate with other health related state entities, including, but not limited to, the department, the Department of Public Health, the Department of Human Services, the Department of Behavioral Health and Developmental Disabilities, and the Health Coordination and Innovation Council, and all other health related state boards, commissions, committees, councils, offices, and other entities on state-wide health initiatives or programs; and
(12)(A) In conjunction with the State Office of Rural Health, develop standards for education curriculum no later than January 1, 2019, which will be provided to leadership, including, but not limited to, hospital executive leadership, hospital board

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members, and hospital authority members of rural hospital organizations, as defined in Code Section 31-8-9.1, and to other rural health care facilities upon request. The curriculum shall include, at a minimum, legal, fiduciary, grant management, planning, and compliance training. The center shall approve education programs by any entity that the center determines to meet such standards. (B) The chief executive officer, the chief financial officer, every board member, and every hospital authority member, if operated by a hospital authority pursuant to Article 4 of Chapter 7 of this title, of a rural hospital organization as defined in Code Section 31-8-9.1 shall be required to complete an education program approved by the center pursuant to this paragraph no later than December 31, 2020, or within 12 months of initial hiring or appointment and every two years thereafter. (C) Any board member or hospital authority member who does not complete the education program as required pursuant to subparagraph (B) of this paragraph shall be ineligible to continue serving as a board member or hospital authority member. The center may provide for notice and a grace period for board members and hospital authority members to come into compliance with such requirement. A vacancy created pursuant to this subparagraph on the board of a hospital authority shall be filled in the same manner as provided in subsection (c) of Code Section 31-7-72 for the initial appointment of members of the hospital authority. (D) At the discretion of the department, any rural hospital organization that fails to ensure compliance by the chief executive officer, the chief financial officer, every board member, and every hospital authority member with the education requirements contained in subparagraph (B) of this paragraph shall be deemed:
(i) Ineligible to receive contributions from the tax credit provided pursuant to Code Section 48-7-29.20; (ii) Ineligible to participate in any grant programs offered by the state; and (iii) Subject to a fine of $10,000.00 per violation. (c) The center is authorized to make application for and receive funds and grants as may be necessary to, and utilize and disburse such funds for such purposes and projects as will, carry out the purposes of the center. (d) The center is authorized to enter into contracts, agreements, and arrangements with colleges and universities to advance the work of the center. The center shall also be authorized to enter into contracts and agreements with the federal government; political subdivisions of this state; private firms, foundations, or institutions; or individuals for specific research on any aspects of rural health care as may be related to the purposes of this Code section. The center shall contract with a school of medicine in this state to provide clinical health care expertise to the center. (e) On or before October 1 of each year, the center shall file a report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairpersons of the House Committee on Health and Human Services, the Senate Health and Human Services Committee, the House Committee on Appropriations, the Senate Appropriations

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Committee, and the Health Coordination and Innovation Council. The report shall include a summary of the activities of the center during the calendar year, including, but not limited to, the total number of hospital executives, hospital board members, and hospital authority members who received training from the center; the status of rural health care in the state; and recommendations, if any, for legislation as may be necessary to improve the programs and services offered by the center."

SECTION 3B. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Chapter 2, relating to the Department of Community Health, by adding new Code sections to read as follows:
"31-2-15. (a) As used in this Code section, the term 'state medical plan' means the state health benefit plan under Article 1 of Chapter 18 of Title 45, the medical assistance program under Article 7 of Chapter 4 of Title 49, the PeachCare for Kids Program under Article 13 of Chapter 5 of Title 49, and any other health benefit plan or policy administered by or on behalf of the state. (b) The department shall take all reasonable steps to streamline and expedite the credentialing and billing processes for state medical plans, including but not limited to examining the potential for a uniform billing platform or portal; examining the potential for the standardization of billing codes among providers; posting billing criteria and codes on the department's website; enabling a dual track process for credentialing and contract negotiation for new providers; allowing billing for telehealth delivered care and allowing payment for both the on-site provider and off-site provider; and maximizing billing for multiple specialists and multiple encounters with one provider at a single visit in safety net settings, critical access settings, federally qualified health centers, and general practitioner settings. (c) This Code section shall not be construed to require the department to act in violation of any federal law, rule, or regulation.

31-2-16. (a) There is created and established the Rural Health System Innovation Center within the department's State Office of Rural Health to serve as a research organization that utilizes Georgia's academic, public health policy, data, and workforce resources to develop new approaches for financing and delivering health care in this state. The department shall release a request for proposals, no later than December 1, 2018, to identify a postsecondary institution within the state in which the center shall be located. Such postsecondary institution shall have a health program or college that focuses on rural and underserved areas of the state. The department shall reissue a request for proposal after seven years and every five years thereafter. (b) The purposes and duties of the Rural Health System Innovation Center shall be to:

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(1) Develop a research program to identify and analyze significant health system problems and to propose solutions and best practices to such problems; (2) Focus on access improvement to affordable health care in rural Georgia; (3) Synthesize existing studies, reports, and data to provide a baseline assessment and set measurable goals as part of Georgia's strategic reform plan; (4) Incorporate recommendations from state reform efforts to build the state's reform plan; (5) Evaluate and make recommendations for the fiscal stabilization of rural health care delivery systems and ensure their design is appropriate for the community served by such systems; (6) Provide technical assistance and expertise to address immediate needs of rural communities; (7) Develop state-wide pilot projects, identify innovative approaches to funding these projects, and track and evaluate the projects' performance; (8) Connect to a central health data repository for collection and dissemination of health data and serve as a clearinghouse for data integration and analysis; (9) Produce studies that address cost-drivers and duplication to eliminate barriers to health care and reduce costs; (10) Monitor current and future health care workforce needs and advise the Georgia Board for Physician Workforce of significant changes in need or demand; (11) Participate in other state-wide health initiatives or programs affecting the entire state and nonrural areas of Georgia. The center shall cooperate with other health related state entities, including, but not limited to, the department, the Department of Public Health, the Department of Human Services, and the Department of Behavioral Health and Developmental Disabilities, and all other health related state boards, commissions, committees, councils, offices, and other entities on state-wide health initiatives or programs; and
(12)(A) In conjunction with the State Office of Rural Health, develop standards for education curriculum no later than January 1, 2019, which will be provided to leadership, including, but not limited to, hospital executive leadership, hospital board members, and hospital authority members of rural hospital organizations, as defined in Code Section 31-8-9.1, and to other rural health care facilities upon request. The curriculum shall include, at a minimum, legal, fiduciary, grant management, planning, and compliance training. The center shall approve education programs by any entity that the center determines to meet such standards. (B) The chief executive officer, the chief financial officer, every board member, and every hospital authority member, if operated by a hospital authority pursuant to Article 4 of Chapter 7 of this title, of a rural hospital organization as defined in Code Section 31-8-9.1 shall be required to complete an education program approved by the center pursuant to this paragraph no later than December 31, 2020, or within 12 months of initial hiring or appointment and every two years thereafter.

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(C) Any board member or hospital authority member who does not complete the education program as required pursuant to subparagraph (B) of this paragraph shall be ineligible to continue serving as a board member or hospital authority member. The center may provide for notice and a grace period for board members and hospital authority members to come into compliance with such requirement. A vacancy created pursuant to this subparagraph on the board of a hospital authority shall be filled in the same manner as provided in subsection (c) of Code Section 31-7-72 for the initial appointment of members of the hospital authority. (D) At the discretion of the department, any rural hospital organization that fails to ensure compliance by the chief executive officer, the chief financial officer, every board member, and every hospital authority member with the education requirements contained in subparagraph (B) of this paragraph shall be deemed:
(i) Ineligible to receive contributions from the tax credit provided pursuant to Code Section 48-7-29.20; (ii) Ineligible to participate in any grant programs offered by the state; and (iii) Subject to a fine of $10,000.00 per violation. (c) The center is authorized to make application for and receive funds and grants as may be necessary to, and utilize and disburse such funds for such purposes and projects as will, carry out the purposes of the center. (d) The center is authorized to enter into contracts, agreements, and arrangements with colleges and universities to advance the work of the center. The center shall also be authorized to enter into contracts and agreements with the federal government; political subdivisions of this state; private firms, foundations, or institutions; or individuals for specific research on any aspects of rural health care as may be related to the purposes of this Code section. The center shall contract with a school of medicine in this state to provide clinical health care expertise to the center. (e) On or before October 1 of each year, the center shall file a report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairpersons of the House Committee on Health and Human Services, the Senate Health and Human Services Committee, the House Committee on Appropriations, and the Senate Appropriations Committee. The report shall include a summary of the activities of the center during the calendar year, including, but not limited to, the total number of hospital executives, hospital board members, and hospital authority members who received training from the center; the status of rural health care in the state; and recommendations, if any, for legislation as may be necessary to improve the programs and services offered by the center."

SECTION 4. Said title is further amended by revising paragraphs (21), (32), and (38) of and by adding a new paragraph to Code Section 31-6-2, relating to definitions, to read as follows:

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"(21) 'Hospital' means an institution which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons or rehabilitation services for the rehabilitation of injured, disabled, or sick persons. Such term includes public, private, psychiatric, rehabilitative, geriatric, osteopathic, micro-hospitals, and other specialty hospitals." "(23.1) 'Micro-hospital' means a hospital in a rural county which has at least two and not more than seven inpatient beds and which provides emergency services seven days per week and 24 hours per day." "(32) '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." "(38) 'Urban county' means a county having a population equal to or greater than 50,000 according to the United States decennial census of 2010 or any future such census."

SECTION 5. Said title is further amended by adding a new paragraph to and by revising paragraph (24) of subsection (a) of Code Section 31-6-47, relating to exemptions from chapter, as follows:
"(9.2) The purchase of a closing hospital or of a hospital that has been closed for no more than 12 months by a hospital in a contiguous county to repurpose the facility as a micro-hospital;" "(24) The relocation of any skilled nursing facility, intermediate care facility, or micro-hospital within the same county, any other health care facility in a rural county within the same county, and any other health care facility in an urban county within a three-mile radius of the existing facility so long as the facility does not propose to offer any new or expanded clinical health services at the new location;"

SECTION 6. Said title is further amended by redesignating the existing provisions of Chapter 34, relating to medical professionals for rural assistance, as Article 1 of such chapter, by replacing "This chapter" and "this chapter" with "This article" and "this article", respectively, everywhere each such term occurs in the new Article 1, and by adding a new article to read as follows:

"ARTICLE 2

31-34-20. (a) Subject to appropriations, the Georgia Board for Physician Workforce shall establish a grant program for the purpose of increasing the number of physicians who remain in Georgia to practice in medically underserved rural areas of the state. The grant program shall provide medical malpractice insurance premium assistance for physicians practicing in such medically underserved rural areas of the state, as identified by the Georgia Board for Physician Workforce pursuant to Code Section 49-10-3.

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(b) To be eligible to receive a grant under the grant program, a physician shall meet the following qualifications:
(1) Maintain a practice in a medically underserved rural area of the state; (2) Be licensed to practice in this state and board certified; (3) Complete a minimum of 100 hours of continuing medical education as approved by the Georgia Composite Medical Board; (4) Provide weekend or extended hours; and (5) Accept Medicaid and medicare patients. (c) A physician receiving a grant pursuant to the grant program shall agree to practice medicine in such medically underserved rural areas of the state for a period of time determined by the Georgia Board for Physician Workforce. (d) The Georgia Board for Physician Workforce 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. In establishing the amount of grants, the Georgia Board for Physician Workforce shall determine the average insurance premium rates for physicians in rural areas of this state."

SECTION 7. Code Section 48-7-29.20 of the Official Code of Georgia Annotated, relating to tax credits for contributions to rural hospital organizations, is amended by revising subsections (b) and (c), paragraph (1) of subsection (e), and subsection (i) and by adding a new subsection to read 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, the actual amount expended; (2) In the case of a married couple filing a joint return, the actual amount expended; or (3) In the case of an individual who is a member of a limited liability company duly formed under state law, a shareholder of a Subchapter 'S' corporation, or a partner in a partnership, the amount expended; provided, however, that tax credits pursuant to this paragraph shall be allowed only for the portion of the income on which such tax was actually paid by such individual. (b.1) From January 1 to June 30 each taxable year, an individual taxpayer shall be limited in its qualified rural hospital organization expenses allowable for credit under this Code section, and the commissioner shall not approve qualified rural hospital organization expenses incurred from January 1 to June 30 each taxable year, which exceed the following limits: (1) In the case of a single individual or a head of household, $5,000.00; (2) In the case of a married couple filing a joint return, $10,000.00; or (3) In the case of an individual who is a member of a limited liability company duly formed under state law, a shareholder of a Subchapter 'S' corporation, or a partner in a partnership, $10,000.00.

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(c) A corporation or other entity shall be allowed a credit against the tax imposed by this chapter for qualified rural hospital organization expenses in an amount not to exceed 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 per taxable year." "(i) This Code section shall stand automatically repealed on December 31, 2021."

SECTION 8. (a) Except as provided in subsections (b) and (c) of this section, this Act shall become effective on July 1, 2018. (b) Section 1 of this Act shall become effective on January 1, 2019.
(c)(1) Section 3A of this Act shall become effective on July 1, 2018, only if SB 357 or another Act creating the Health Coordination and Innovation Council is enacted by the General Assembly and becomes law in 2018, in which event Section 3B of this Act shall not become effective and shall stand repealed on July 1, 2018. (2) If SB 357 or another Act creating the Health Coordination and Innovation Council does not become law in 2018, then Section 3B of this Act shall become effective on July 1, 2018, and Section 3A of this Act shall not become effective and shall stand repealed on July 1, 2018.

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

Approved May 2, 2018.

EDUCATION STATE GOVERNMENT ESTABLISH CENTER FOR RURAL PROSPERITY AND INNOVATION; INCORPORATE CENTERS OF INNOVATION AGRIBUSINESS AND NEW GEORGIA RURAL DEVELOPMENT COUNCIL; GEORGIA DEPARTMENT OF ECONOMIC DEVELOPMENT; DEPUTY COMMISSIONER.
No. 300 (House Bill No. 951).
AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to establish the Center for Rural Prosperity and Innovation; to provide for a director; to provide

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for the incorporation of the Centers of Innovation Agribusiness administered by the Department of Economic Development; to provide for collaboration; to provide for the incorporation and structure of a new Georgia Rural Development Council; to provide for members and duties; to provide for conditions related to appropriations; to provide for legislative findings; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a deputy commissioner for rural Georgia within the Georgia Department of Economic Development; to repeal the Georgia Rural Development Council; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The General Assembly finds that: (1) Since 2010 the State of Georgia has experienced tremendous job growth, adding more than 500,000 new private sector jobs; (2) Georgia's economic successes during this period have resulted from a favorable tax structure and regulatory environment and aggressive economic development initiatives; (3) Georgia has been declared by several industry publications, including Site Selection Magazine, to be the best state in the nation for business for the previous four years; (4) This economic success has not extended into all of Georgia's rural areas to a desired level; (5) As a result, Georgia's rural areas face with challenges distinct from other regions of this state, including loss of population, insufficient health care access, poor infrastructure, diminished opportunity for quality education, scarcity of employment opportunities, and overall lack of economic growth; (6) A thorough, intensive, and systematic study of the existing issues in Georgia's rural areas is necessary and appropriate; and (7) The objective of such study should be to identify policies and ideas to enhance economic opportunity across the entire state, particularly in rural areas.

SECTION 2. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding a new chapter to read as follows:

"CHAPTER 18

20-18-1. (a) There is created at and in connection with the University System of Georgia, the Center for Rural Prosperity and Innovation to be physically located within a college or institution of the University System of Georgia which awards Bachelor of Science degrees in rural community development.

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(b)(1) The director of the Center for Rural Prosperity and Innovation shall be appointed by the president of the college or institution in which said center is physically located, provided that such appointment shall be subject to approval by a majority vote of the Georgia Rural Development Council. The director shall continue to serve in such position until his or her resignation or until the appointment of a new director by the president of the college or institution in which said center is physically located and such appointment is approved by a majority vote of such council. (2) Subject to appropriations, the director shall be authorized to employ such personnel as are necessary to carry out the provisions of this chapter.

20-18-2. (a) The Center for Rural Prosperity and Innovation shall assume the business and responsibilities of the Centers of Innovation Agribusiness administered by the Department of Economic Development. (b) The Center for Rural Prosperity and Innovation, the Department of Economic Development, and the Georgia Department of Agriculture shall collaborate as necessary to achieve the mission provided by Code Section 20-18-4.

20-18-3. (a) The Center for Rural Prosperity and Innovation shall include a council, to be known and designated as the Georgia Rural Development Council, that shall offer guidance to the Center for Rural Prosperity and Innovation. (b) The Georgia Rural Development Council shall be composed of 12 members who shall be appointed as follows:
(1) Six members shall be appointed by the Governor who, by majority vote, shall appoint one of such members to serve as the chairperson of the council. Each of the six shall be selected to represent one of the following areas:
(A) Leadership management; (B) Business development and entrepreneurship; (C) Finance and taxes; (D) Logistics of rural industries; (E) Health care; and (F) Education; (2) Three members who live in different geographic areas of the state from each other shall be appointed by the Speaker of the House of Representatives; and (3) Three members who live in different geographic areas of the state from each other shall be appointed by the President of the Senate. (c)(1) Legislative members who are appointed to the council shall serve for two-year terms. Nonlegislative members shall serve four-year terms, provided that three of the initial six members to be appointed by the Governor shall serve initial terms of two years and thereafter such appointments shall be for four-year terms.

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(2) Members may serve consecutive terms without limit. (d)(1) The council shall study the conditions, needs, issues, and problems affecting rural economic development and shall examine related policy areas as it may deem necessary and appropriate, including, but not limited to, population studies, access to health care, infrastructure, education, unemployment, and economic growth incentives. (2) All departments and agencies of the state, except the University System of Georgia and the Technical College System of Georgia, shall provide upon request of the council services, information, and other support for the council and its work. (e) The chairperson shall call all meetings of the council. The council shall meet at least once per quarter and each such meeting shall be at a different location within the state, particularly in rural areas of this state, for the purpose of interacting with local government officials, educational leaders, health care providers, business leaders, civic groups, and all other citizens who desire to offer input, so as to enable the council to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. (f)(1) Legislative members of the council shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. (2) Members of the council who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the council, but they may be reimbursed for expenses incurred by them in the performance of their duties as members of the council in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. (3) Citizen members of the council shall receive a daily expense allowance in an amount the same as that specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated, as well as the mileage or transportation allowance authorized for state employees. (4) The allowances and expenses authorized by this resolution shall not be received by the chairperson for more than fifteen days and any other member of the council for more than ten days per year. Funds necessary to carry out the provisions of this Code section shall come from appropriated funds; provided, however, that funds 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.

20-18-4. (a) It shall be the duty of the Center for Rural Prosperity and Innovation to provide a central information and research hub for rural leadership training and best practices which may include:
(1) Community planning models for proactively identifying value added gaps or strengths; (2) Industry-specific assistance; and

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(3) Cooperative efforts with nonprofit organizations, religious organizations, and other higher education partners. (b) The Center for Rural Prosperity and Innovation may establish such satellite offices as are necessary to accomplish its mission.

20-18-5. All funds appropriated by the General Assembly for the establishment and operation of the Center for Rural Prosperity and Innovation, together with any funds which may be appropriated by the United States Congress or apportioned to this state from the United States Department of the Treasury for purposes substantially the same as specified in this chapter, shall be paid to the Board of Regents of the University System of Georgia and then forwarded to the Center for Rural Prosperity and Innovation for its work, provided that the Board of Regents formally presents to the Governor its acceptance of the conditions of this chapter.

20-18-6. In the event that the United States Congress appropriates funds to this state for the conduct of work similar to that which is specified in this chapter, such work of the Center for Rural Prosperity and Innovation shall conform to the requirements imposed as conditions for such federal appropriations and as may be accepted by the General Assembly in order that such scientific, engineering, and industrial research work may be aided and extended by means of such federal appropriations.

20-18-7. (a) The Center for Rural Prosperity and Innovation shall annually prepare and submit to the General Assembly, for review by the House of Representatives' and the Senate's standing committees on agriculture and economic development, a ten-year strategic plan that outlines the use of the Center for Rural Prosperity and Innovation's resources for the upcoming fiscal years. (b) Said committees may, by majority vote, approve the plan and submit recommendations to the Senate Appropriations Committee and the House Committee on Appropriations for their consideration in developing the budget."

SECTION 3. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Article 1 of Chapter 7, relating to general provisions of the Department of Economic Development, by revising Code Section 50-7-2, relating to commissioner as head of department, appointment and compensation, assistant commissioner, and travel expenses, as follows:

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"50-7-2.

(a) There is created the office of commissioner of economic development, who shall be executive office and administrative head of the department. The commissioner shall be appointed by and serve at the pleasure of the Board of Economic Development. The compensation of the commissioner shall be fixed by the board. The commissioner shall assist the board in the performance of its duties, powers, and authority, and jurisdiction as the board shall provide. The commissioner shall receive expenses, including mileage, as do other state officials and employees. (b) The board is authorized to designate an assistant commissioner, a deputy commissioner to be known as the deputy commissioner for Rural Georgia, and such other employees as are necessary to carry out and effectuate this chapter. (c) The commissioner is further authorized and empowered to reimburse authorized personnel of the department for the actual cost incurred in the pursuit of official business for all meals, taxis, parking, and the rental of automobiles when the use of such vehicles is less expensive or more efficient than other commercial transportation."

SECTION 4. Said title is further amended in Article 6 of Chapter 8, relating to the Office of Rural Development and State Advisory Committee on Rural Development, by revising Part 2, relating to the Rural Development Council, as follows:

"Part 2

50-8-150. Reserved."

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

Approved May 2, 2018.

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HEALTH JOINT STUDY COMMISSION ON LOW THC MEDICAL OIL ACCESS; CREATION.

No. 302 (House Bill No. 65).

AN ACT

To amend Article 1 of Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Public Health, so as to provide for the creation of the Joint Study Commission on Low THC Medical Oil Access; to provide for an automatic repealer; to provide for recommendations by the Georgia Composite Medical Board on additional conditions that may be treated by low THC oil; to revise and provide for defined terms in connection to low THC oil; 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 2A of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Public Health, is amended by adding a new Code section to read as follows:
"31-2A-19. (a) The Joint Study Commission on Low THC Medical Oil Access is hereby created. The commission shall study the in-state access of medical cannabis and low THC oil, including, but not limited to, the security and control of all aspects of the process from acquisition and planting of seeds to final destruction of any unused portion of the plant; quality control of all aspects of the manufacturing process, including, but not limited to, product labeling and independent testing for purity and safety; and all aspects of dispensing the final product, including, but not limited to, security, competency of the dispensing staff, training on dosing, and proper delivery methods. The commission shall study and identify how to ensure proper security safeguards and systems for evaluating qualifications of potential licensees and implement a plan to ensure that low THC oil is readily available in all parts of the state at an affordable price to patients and caregivers who are properly registered in the state. (b) The commission shall be composed of ten members as follows:
(1) The President of the Senate shall appoint three members of the Senate as members of the commission and shall designate one of such members as cochairperson. The President of the Senate shall also appoint two citizens of this state to serve as members; and

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(2) The Speaker of the House of Representatives shall appoint three members of the House of Representatives as members of the commission and shall designate one of such members as cochairperson. The Speaker of the House of Representatives shall also appoint two citizens of this state to serve as members. (c) The cochairpersons shall call all meetings of the commission. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. (d) The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8. Any members of the commission who are not legislators shall receive a daily expense allowance in an amount the same as that specified in subsection (b) of Code Section 45-7-21, as well as the mileage or transportation allowance authorized for state employees. The allowances and expenses authorized by this Code section shall not be received by any member of the commission for more than five days unless additional days are authorized. Funds necessary to carry out the provisions of this Code section shall come from funds appropriated to the Senate and the House of Representatives. (e) The commission shall report its findings and recommendations, including any proposed legislation, no later than December 31, 2018, to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairpersons of the Senate Health and Human Services Committee and the House Committee on Health and Human Services. (f) The commission shall stand abolished and this Code section shall stand repealed by operation of law on December 31, 2018."

SECTION 2. Said article is further amended in Code Section 31-2A-18, relating to the establishment of the Low THC Oil Patient Registry, definitions, purpose, registration cards, semiannual reports, and waiver forms, in subsection (a) by redesignating paragraphs (5) through (7) as paragraphs (6) through (8), respectively, by adding a new paragraph (5), and by deleting "or" at the end of subparagraph (M) and replacing the period with a semicolon at the end of subparagraph (N) of, and by adding two new subparagraphs to, paragraph (3) and by adding a new subsection to read as follows:
"(5) 'Intractable pain' means pain that has a cause that cannot be removed and for which, according to generally accepted medical practice, the full range of pain management modalities appropriate for the patient has been used for a period of at least six months without adequate results or with intolerable side effects."
"(O) Post-traumatic stress disorder resulting from direct exposure to or the witnessing of a trauma for a patient who is at least 18 years of age; or (P) Intractable pain." "(h) The board shall annually review the conditions included in paragraph (3) of subsection (a) of this Code section and recommend additional conditions that have been shown through medical research to be effectively treated with low THC oil. Such

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recommendations shall include recommended dosages for a particular condition, patient responses to treatment with respect to the particular condition, and drug interactions with other drugs commonly taken by patients with the particular condition. Such recommendations shall be made to the General Assembly no later than December 1 of each year."

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

Approved May 3, 2018.

__________

RETIREMENT AND PENSIONS EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; CREDITABLE SERVICE FOR CERTAIN LAW ENFORCEMENT OFFICERS.

No. 303 (House Bill No. 135).

AN ACT

To amend Code Section 47-2-226 of the Official Code of Georgia Annotated, relating to certain law enforcement officers permitted to obtain creditable service in the Employees' Retirement System of Georgia under certain conditions, so as to expand the class of law enforcement officers that may obtain creditable service in such retirement system under certain conditions; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 47-2-226 of the Official Code of Georgia Annotated, relating to certain law enforcement officers permitted to obtain creditable service in the Employees' Retirement System of Georgia under certain conditions, is amended as follows:
"47-2-226. (a) As used in this Code section, the term 'law enforcement officer' means any member in service of the Uniform Division of the Department of Public Safety, any conservation ranger of the Department of Natural Resources, any officer or agent of the Georgia Bureau of Investigation, any district attorney investigator who is compensated from state funds pursuant to Code Section 15-18-14.1, any alcohol and tobacco officer or agent of the

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Department of Revenue, any investigator of the Department of Driver Services, and any criminal investigators or K9 handlers of the Department of Corrections. (b) Any law enforcement officer who, prior to becoming a member of this retirement system, was employed by a local government in this state as a full-time employee, in a position in which he or she was vested with authority to enforce the criminal or traffic laws and with the power of arrest and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime, shall be eligible to obtain creditable service under this Code section for his or her years of service in such capacity if:
(1) The member is not eligible to receive a present or future benefit from a defined benefit or defined contribution retirement or pension plan in which said member participated while employed by the local governing authority other than membership in the Peace Officers' Annuity and Benefit Fund; and (2) The member has been a member of the retirement system for at least ten years. (c) Any member eligible as provided in subsection (b) of this Code section may obtain up to an additional five years of creditable service, not to exceed the actual number of years of service described in subsection (b) of this Code section. In order to obtain such additional creditable service, the member shall: (1) Make application to the board of trustees in such manner and provide such documentation as the board deems appropriate; and (2) Pay to the board of trustees an amount determined by the board of trustees to be sufficient to cover the full actuarial cost of granting the creditable service as provided in this Code section. (d) Upon receipt of an application for additional creditable service, the board of trustees shall certify to the applicant the amount of the payment required by paragraph (2) of subsection (c) of this Code section."

SECTION 2. This Act shall become effective on July 1, 2018, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2018, as required by subsection (a) of Code Section 47-20-50.

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

Approved May 3, 2018.

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HIGHWAYS, BRIDGES, AND FERRIES REVENUE AND TAXATION SETOFF OF DEBT OWED ON UNPAID TOLL VIOLATIONS FROM TAX REFUNDS; USE OF CONSUMER PRICE INDEX FOR CALCULATION OF MOTOR FUEL EXCISE TAX.

No. 304 (House Bill No. 150).

AN ACT

To amend Code Section 32-10-64 and Title 48 of the Official Code of Georgia Annotated, relating to general toll powers, police powers, and rules and regulations of the State Road and Tollway Authority and revenue and taxation, respectively, so as to provide for setoff of debt owed on unpaid toll violations from tax refunds by the Department of Revenue; to provide for the use of the Consumer Price Index for the calculation of motor fuel excise tax; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 32-10-64 of the Official Code of Georgia Annotated, relating to general toll powers, police powers, and rules and regulations of the State Road and Tollway Authority, is amended by revising paragraph (1) of subsection (c) as follows:
"(1) No motor vehicle shall be driven or towed through a toll collection facility, where appropriate signs have been erected to notify traffic that it is subject to the payment of tolls beyond such sign, without payment of the proper toll. In the event of nonpayment of the proper toll, as evidenced by video or electronic recording, the registered owner of such vehicle shall be liable to make prompt payment to the authority of the proper toll and an administrative fee of up to $25.00 per violation to recover the cost of collecting the toll. The authority or its authorized agent shall provide notice to the registered owner of a vehicle, and a reasonable time to respond to such notice, of the authority's finding of a violation of this subsection. The authority or its authorized agent may provide subsequent notices to the registered owner of a vehicle if such owner fails to respond to the initial notice. The administrative fee may increase with each notice, provided that such fee shall not exceed a cumulative total of $25.00 per violation. Upon failure of the registered owner of a vehicle to pay the proper toll and administrative fee to the authority after notice thereof and within the time designated in such notice, the authority may proceed to seek collection of the proper toll and the administrative fee as debts owing to the authority, in such manner as the authority deems appropriate and as permitted under law. If the authority finds multiple failures by a registered owner of a vehicle to pay the

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proper toll and administrative fee after notice thereof and within the time designated in such notices, the authority may refer the matter to the Office of State Administrative Hearings. The scope of any hearing held by the Office of State Administrative Hearings shall be limited to consideration of evidence relevant to a determination of whether the registered owner has failed to pay, after notice thereof and within the time designated in such notice, the proper toll and administrative fee. The only affirmative defense that may be presented by the registered owner of a vehicle at such a hearing is theft of the vehicle, as evidenced by presentation at the hearing of a copy of a police report showing that the vehicle has been reported to the police as stolen prior to the time of the alleged violation. A determination by the Office of State Administrative Hearings of multiple failures to pay by a registered owner of a vehicle shall subject such registered owner to imposition of, in addition to any unpaid tolls and administrative fees, a civil monetary penalty payable to the authority of not more than $70.00 per violation. Upon failure by a registered owner to pay to the authority, within 30 days of the date of notice thereof, the amount determined by the Office of State Administrative Hearings as due and payable for multiple violations of this subsection, the motor vehicle registration of such registered owner shall be immediately suspended by operation of law. The authority shall give notice to the Department of Revenue of such suspension. Such suspension shall continue until the proper toll, administrative fee, and civil monetary penalty as have been determined by the Office of State Administrative Hearings are paid to the authority. The authority may seek to collect the debt owed through setoff by the Department of Revenue under procedures set forth in Article 7 of Chapter 7 of Title 48. Actions taken by the authority under this subsection shall be made in accordance with policies and procedures approved by the members of the authority."

SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-7-161, relating to definitions relative to setoff debt collection by the Department of Revenue, by revising paragraph (1) as follows:
"(1) 'Claimant agency' means and includes, in the order of priority set forth below: (A) The Department of Human Services and the Department of Behavioral Health and Developmental Disabilities with respect to collection of debts under Article 1 of Chapter 11 of Title 19, Code Section 49-4-15, and Chapter 9 of Title 37; (B) The Georgia Student Finance Authority with respect to the collection of debts arising under Part 3 of Article 7 of Chapter 3 of Title 20; (C) The Georgia Higher Education Assistance Corporation with respect to the collection of debts arising under Part 2 of Article 7 of Chapter 3 of Title 20; (D) The Georgia Board for Physician Workforce with respect to the collection of debts arising under Part 6 of Article 7 of Chapter 3 of Title 20; (E) The Department of Labor with respect to the collection of debts arising under Code Sections 34-8-254 and 34-8-255 and Article 5 of Chapter 8 of Title 34, with the

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exception of Code Sections 34-8-158 through 34-8-161; provided, however, that the Department of Labor establishes that the debtor has been afforded required due process rights by such Department of Labor with respect to the debt and all reasonable collection efforts have been exhausted; (F) The Department of Community Supervision with respect to probation fees arising under Code Section 42-8-34 and restitution or reparation ordered by a court as a part of the sentence imposed on a person convicted of a crime who is in the legal custody of the Department of Corrections or the Department of Community Supervision; (G) The Department of Juvenile Justice with respect to restitution imposed on a juvenile for a delinquent act which would constitute a crime if committed by an adult; (H) The Georgia Lottery Corporation with respect to proceeds arising under Code Section 50-27-21; and (I) The State Road and Tollway Authority with respect to collection of amounts determined by the Office of State Administrative Hearings as due and payable for violations of subsection (c) of Code Section 32-10-64."

SECTION 3. Said title is further amended in Code Section 48-9-3, relating to levy of excise tax and rate, taxation of motor fuels not commonly sold or measured by the gallon and rate, prohibition on motor fuel tax by political subdivisions, exceptions, and exempted sales, by revising subparagraph (a)(1.1)(C) as follows:
"(C) Once the preliminary excise tax rate is established, it shall be multiplied by the annual percentage of increase or decrease in the Consumer Price Index. The resulting calculation shall be added to the preliminary excise tax rate, and the result of such calculation shall be the new excise tax rate for motor fuels for the next calendar year. The Consumer Price Index shall no longer be used after July 1, 2022."

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

Approved May 3, 2018.

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CONTRACTS DOMESTIC RELATIONS ANTENUPTIAL AGREEMENTS.

No. 305 (House Bill No. 190).

AN ACT

To amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to change provisions relating to marriage articles; to provide for a definition; to clarify provisions relating to antenuptial agreements; to repeal provisions relating to recording certain documents; to modernize terminology and repeal arcane concepts; to amend Title 13 of the Official Code of Georgia Annotated, relating to contracts, so as to change provisions relating to agreements required to be in writing; to conform cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I. SECTION 1-1.

Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, is amended by revising Article 3, relating to marriage articles, contracts, and settlements, as follows:

"ARTICLE 3

19-3-60. (a) As used in this article, the term 'antenuptial agreement' means a contract entered into prior to a marriage that determines property rights or contemplates a future settlement to one spouse as to a future resolution of issues, including, but not limited to, year's support, spousal support, and equitable division of property. (b) Marriage is a valuable consideration; and a spouse stands, as to property of the other spouse settled upon a spouse by marriage contract, as do other purchasers for value, provided that by the contract a spouse shall not incapacitate himself or herself from paying his or her existing just debts.

19-3-61. The minority of either party to an antenuptial agreement or to a marriage contract shall not invalidate it, so long as the party is of lawful age to contract marriage.

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19-3-62. An antenuptial agreement shall be in writing, signed by both parties who agree to be bound, and attested by at least two witnesses, one of whom shall be a notary public. Antenuptial agreements shall be liberally construed to carry into effect the intention of the parties, and no want of form or technical expression shall invalidate such agreements.

19-3-63. Every marriage contract in writing, made in contemplation of marriage, shall be liberally construed to carry into effect the intention of the parties, and no want of form or technical expression shall invalidate the same. Such marriage contract shall be in writing, signed by both parties who agree to be bound, and attested by at least two witnesses, one of whom shall be a notary public.

19-3-64. A person may voluntarily execute an antenuptial agreement, or he or she may at any time during the marriage, either indirectly through trustees or directly to his or her spouse, convey any property to which he or she has title, subject to the rights of prior purchasers or creditors without notice.

19-3-65. The judge of the superior court of the county of a spouse's domicile may at any time, upon petition, exercise equitable powers in appointing, removing, or substituting trustees or in granting any order for the protection of the trust estate, exercising a wise discretion as to the terms on which the appointment shall be made or on which the order shall be granted.

19-3-66. (a) Marriage contracts and postnuptial settlements shall be enforced at the instance of all persons in whose favor there are limitations of the estate. (b) Antenuptial agreements may be enforced by a court of equity at the instance of:
(1) The parties to the marriage; or (2) The offspring of the marriage and their heirs at any time after the death of a spouse; provided, however, that when enforced at the instance of such offspring and their heirs, the court may enforce in favor of other persons."

PART II SECTION 2-1.

Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended by revising Code Section 13-4-82, relating to intermarriage of parties, as follows:

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"13-4-82. Intermarriage of the parties generally releases a debt created prior to marriage. However, intermarriage of the parties shall not release a debt arising from an antenuptial agreement, as such term is defined in Code Section 19-3-60."

SECTION 2-2. Said title is further amended by revising Code Section 13-5-30, relating to agreements required to be in writing, as follows:
"13-5-30. To make the following obligations binding on the promisor, the promise must be in writing and signed by the party to be charged therewith or some person lawfully authorized by him or her:
(1) A promise by an executor, administrator, guardian, or trustee to answer damages out of his or her own estate; (2) A promise to answer for the debt, default, or miscarriage of another; (3) Any agreement made upon consideration of marriage; (4) Any contract for sale of lands, or any interest in, or concerning lands; (5) Any agreement that is not to be performed within one year from the making thereof; (6) Any promise to revive a debt barred by a statute of limitation; and (7) Any commitment to lend money."

PART III SECTION 3-1.

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

Approved May 3, 2018.

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LOCAL GOVERNMENT LOCAL GOVERNMENT AUTHORITIES REGISTRATION WITH DEPARTMENT OF COMMUNITY AFFAIRS TO RECEIVE STATE FUNDS; PROHIBIT INCURRING OF DEBT OR CREDIT OBLIGATIONS WITHOUT REPORT.

No. 306 (House Bill No. 257).

AN ACT

To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to require local government authorities to register with the Department of Community Affairs in order to be eligible for state funds; to change the deadline for local government authorities to register with said department; to prohibit authorities from incurring debt or credit obligations prior to submitting a report to said 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. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising subsections (f) and (j) of Code Section 36-80-16, relating to Local Government Authorities Registration, as follows:
"(f) Any local government authority which fails to register with the Department of Community Affairs shall not incur any debt or credit obligations, nor shall it be eligible for receipt of any state funds, until such time as it meets the registration requirement. Failure to register shall not have any adverse affect on any outstanding debt or credit obligation." "(j) Local government authorities shall initially register on or before January 1, 1996, and shall register each year thereafter by the date corresponding with the due date of that authority's report as provided for in subsection (b) of Code Section 36-81-8."

SECTION 2. Said title is further amended by revising subsection (c) of Code Section 36-81-8, relating to annual local government finances reports and local independent authority indebtedness reports, assistance by Department of Community Affairs, and community indicators report, as follows:
"(c) The department shall have the authority to require local governments and local independent authorities to submit the reports as provided for in subsection (b) of this Code section as a condition of such local government or local independent authority receiving state appropriated funds from the department. Furthermore, a local government authority

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or a local independent authority shall not incur debt or credit obligations until such time as it meets such reporting requirement. Failure to comply with the reporting requirement shall have no adverse effect on any outstanding debt or credit obligation of any local government authority or local independent authority. Upon the receipt of the report of local government finance from a local government or the report of local independent authority debt from a local independent authority, the department is authorized to release any state appropriated grant funds that may be due at such time to the local government or the local independent authority."

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

Approved May 3, 2018.

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MOTOR VEHICLES AND TRAFFIC ISSUANCE OF CERTAIN SPECIAL LICENSE PLATES.

No. 307 (House Bill No. 287).

AN ACT

To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for the issuance of special license plates honoring family members of service members killed in action at no cost to eligible family members; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended in Code Section 40-2-85.3, relating to special license plates honoring family members of service members killed in action, by revising subsections (d) and (f) as follows:
"(d) Any motor vehicle owner who is a resident of Georgia, other than one registering under the International Registration Plan, upon complying with state laws relating to registration and licensing of motor vehicles shall be issued such a special license plate upon application therefor. Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31. Upon payment of

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all ad valorem taxes and other fees due at registration of a motor vehicle, an eligible family member may apply for a Gold Star license plate. In order to qualify as an eligible family member for purposes of this Code section, the person must be related to the fallen service member as a spouse, mother, father, sibling, child, stepparrent, or surviving spouse of such service member's sibling. Up to two free license plates shall be allowed for any eligible family member and they may purchase additional license plates for each motor vehicle they register in this state. If a Gold Star license plate is lost, damaged, or stolen, the eligible family member must pay the reasonable cost, to be established by the department, but not to exceed the cost of other specialty license plates, to replace the Gold Star license plate." "(f) Free Gold Star license plates shall be issued only to eligible family members who resided in Georgia at the time of the death of the service member. However, an eligible family member who was not a resident of Georgia at the time of the death of the service member may purchase a Gold Star license plate, at a cost to be established by the department, not to exceed the cost of other specialty license plates."

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

Approved May 3, 2018.

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DOMESTIC RELATIONS GENETIC PATERNITY TESTS.

No. 308 (House Bill No. 344).

AN ACT

To amend Code Section 19-7-54 of the Official Code of Georgia Annotated, relating to a motion to set aside determination of paternity, so as to allow individuals other than movants in a child support case to request a genetic test from the Department of Human Services under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 19-7-54 of the Official Code of Georgia Annotated, relating to motion to set aside determination of paternity, is amended by revising subsection (d) as follows:

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"(d)(1) In any case when the underlying child support order was issued by a court of this state or by the Department of Human Services and is being enforced by the Department of Human Services, an individual who is involved in the Department of Human Services' enforcement of such order and who intends to file a motion as provided for in subsection (a) of this Code section may request a genetic test from the Department of Human Services, contingent upon advance payment of the genetic test fee. Such request shall be accompanied by a statement setting forth that the requirements to set aside a determination of paternity described in paragraphs (2) through (5) of subsection (b) of this Code section are met. The Department of Human Services may deny such request if:
(A) Genetic testing was previously completed; (B) The child was adopted either by the requester or the other individual involved in the enforcement by the Department of Human Services; (C) The child was conceived by means of artificial insemination; or (D) The Department of Human Services has previously offered genetic testing and the requester refused the opportunity for such testing at that time. (2) In any case when the nonrequesting individual does not consent to genetic testing, the requesting individual may petition the court to ask for such testing of the appropriate individuals."

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

Approved May 3, 2018.

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STATE GOVERNMENT NO LIABILITY FOR STATE FOR ACTIVITIES OF ORGANIZED MILITIA WHILE IN TRAINING OR ON DUTY.

No. 309 (House Bill No. 309).

AN ACT

To amend Code Section 50-21-24 of the Official Code of Georgia Annotated, relating to exceptions to state liability, so as to provide that the state shall have no liability for activities of the organized militia when engaged in state or federal training or duty; to provide an exception; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 50-21-24 of the Official Code of Georgia Annotated, relating to exceptions to state liability, is amended by revising paragraph (12) as follows:
"(12) Activities of the Georgia National Guard or organized militia as defined in Code Section 38-2-2 when engaged in state or federal training or duty, but this exception does not apply to vehicular accidents; or"

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

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

Approved May 3, 2018.

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REVENUE AND TAXATION AD VALOREM TAXES; PROCEEDINGS BEFORE COUNTY BOARDS OF EQUALIZATION.

No. 310 (House Bill No. 374).

AN ACT

To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for certain changes in proceedings before the county board of equalization; 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 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by revising paragraph (2) of subsection (b) of Code Section 48-5-306, relating to the annual notice of current assessment, as follows:
"(2)(A) In addition to the items required under paragraph (1) of this subsection, the notice shall contain a statement of the taxpayer's right to an appeal and an estimate of

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the current year's taxes for all levying authorities which shall be in substantially the following form: 'The amount of your ad valorem tax bill for this year will be based on the appraised and assessed values specified in this notice. You have the right to appeal these values to the county board of tax assessors. At the time of filing your appeal you must select one of the following options:
(i) An appeal to the county board of equalization with appeal to the superior court; (ii) To arbitration without an appeal to the superior court; or (iii) For a parcel of nonhomestead property with a fair market value in excess of $500,000.00 as shown on the taxpayer's annual notice of current assessment under this Code section, or for one or more account numbers of wireless property as defined in subparagraph (e.1)(1)(B) of Code Section 48-5-311 with an aggregate fair market value in excess of $500,000.00 as shown on the taxpayer's annual notice of current assessment under this Code section, to a hearing officer with appeal to the superior court. If you wish to file an appeal, you must do so in writing no later than 45 days after the date of this notice. If you do not file an appeal by this date, your right to file an appeal will be lost. For further information on the proper method for filing an appeal, you may contact the county board of tax assessors which is located at: (insert address) and which may be contacted by telephone at: (insert telephone number).' (B) The notice shall also contain the following statements in bold print: 'The estimate of your ad valorem tax bill for the current year is based on the previous or most applicable year's millage rate and the fair market value contained in this notice. The actual tax bill you receive may be more or less than this estimate. This estimate may not include all eligible exemptions.'"

SECTION 2. Said chapter is further amended by revising subsections (e), (e.1), (f), and (g) of Code Section 48-5-311, relating to creation and duties of county boards of equalization, as follows:
"(e) Appeal. (1)(A) Any taxpayer or property owner as of the last date for filing an appeal may elect to file an appeal from an assessment by the county board of tax assessors to: (i) The county board of equalization as to matters of taxability, uniformity of assessment, and value, and, for residents, as to denials of homestead exemptions pursuant to paragraph (2) of this subsection; (ii) An arbitrator as to matters of value pursuant to subsection (f) of this Code section; (iii) A hearing officer as to matters of value and uniformity of assessment for a parcel of nonhomestead real property with a fair market value in excess of $500,000.00 as shown on the taxpayer's annual notice of current assessment under Code

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Section 48-5-306, and any contiguous nonhomestead real property owned by the same taxpayer, pursuant to subsection (e.1) of this Code section; or (iv) A hearing officer as to matters of values or uniformity of assessment of one or more account numbers of wireless property as defined in subparagraph (e.1)(1)(B) of this Code section with an aggregate fair market value in excess of $500,000.00 as shown on the taxpayer's annual notice of current assessment under Code Section 48-5-306, pursuant to subsection (e.1) of this Code section. (A.1) The commissioner shall establish by rule and regulation a uniform appeal form that the taxpayer may use. Such uniform appeal form shall require the initial assertion of a valuation of the property by the taxpayer. (B) In addition to the grounds enumerated in subparagraph (A) of this paragraph, any taxpayer having property that is located within a municipality, the boundaries of which municipality extend into more than one county, may also appeal from an assessment on such property by the county board of tax assessors to the county board of equalization, to a hearing officer, or to arbitration as to matters of uniformity of assessment of such property with other properties located within such municipality, and any uniformity adjustments to the assessment that may result from such appeal shall only apply for municipal ad valorem tax purposes. (B.1) The taxpayer or his or her agent or representative may submit in support of his or her appeal an appraisal given, signed, and certified as such by a real property appraiser as classified by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board which was performed not later than nine months prior to the date of assessment. The board of tax assessors shall consider the appraisal upon request. Within 45 days of the receipt of the taxpayer's appraisal, the board of tax assessors shall notify the taxpayer or his or her agent or representative of acceptance of the appraisal or shall notify the taxpayer or his or her agent or representative of the reasons for rejection. (B.2) The taxpayer or his or her agent or representative may submit in support of his or her appeal the most current report of the sales ratio study for the county conducted pursuant to Code Section 48-5-274. The board of tax assessors shall consider such sales ratio study upon request of the taxpayer or his or her agent or representative. (B.3) Any assertion of value by the taxpayer on the uniform appeal form made to the board of tax assessors shall be subject to later amendment or revision by the taxpayer by submission of written evidence to the board of tax assessors. (B.4) If more than one property of a taxpayer is under appeal, the board of equalization, arbitrator, or hearing officer, as the case may be, shall, upon request of the taxpayer, consolidate all such appeals in one hearing and shall announce separate decisions as to each parcel or item of property. Any appeal from such a consolidated hearing to the superior court as provided in subsection (g) of this Code section shall constitute a single civil action and, unless the taxpayer specifically so indicates in the taxpayer's notice of appeal, shall apply to all such parcels or items of property.

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(B.5) Within ten days of a final determination of value under this Code section and the expiration of the 30 day appeal period provided by subsection (g) of this Code section, or, as otherwise provided by law, with no further option to appeal, the county board of tax assessors shall forward such final determination of value to the tax commissioner. (C) Appeals to the county board of equalization shall be conducted in the manner provided in paragraph (2) of this subsection. Appeals to a hearing officer shall be conducted in the manner specified in subsection (e.1) of this Code section. Appeals to an arbitrator shall be conducted in the manner specified in subsection (f) of this Code section. Such appeal proceedings shall be conducted between the hours of 8:00 A.M. and 7:00 P.M. on a business day. Following the notification of the taxpayer of the date and time of such taxpayer's scheduled hearing, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the taxpayer's scheduled hearing to a day and time acceptable to the taxpayer and the county board of tax assessors. The appeal administrator shall grant additional extensions to the taxpayer or the county board of tax assessors for good cause shown, or by agreement of the parties. (D) The commissioner, by regulation, shall adopt uniform procedures and standards which shall be followed by county boards of equalization, hearing officers, and arbitrators in determining appeals. Such rules shall be updated and revised periodically and reviewed no less frequently than every five years. The commissioner shall publish and update annually a manual for use by county boards of equalization, arbitrators, and hearing officers. (2)(A) An appeal shall be effected by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, by mailing to, or by filing with the county board of tax assessors a notice of appeal within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question, and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306. Such notice shall also explain the taxpayer's right to appeal to the county board of equalization as provided in subparagraph (C) of this paragraph if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax assessors. (B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof to the taxpayer, to any authorized

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agent or representative of the taxpayer to whom the taxpayer has requested that such notice be sent, and to the county board of equalization which notice shall also constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal to the county board of tax assessors or to the county board of equalization. The county board of tax assessors shall also send or deliver all necessary papers to the county board of equalization. If, however, the taxpayer and the county board of tax assessors execute a signed agreement as to valuation, the appeal shall terminate as of the date of such signed agreement. (C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. The commissioner shall develop and make available to county boards of tax assessors a suitable form which shall be used in such notification to the taxpayer. The notice shall be sent by regular mail properly addressed to the address or addresses the taxpayer provided to the county board of tax assessors and to any authorized agent or representative of the taxpayer to whom the taxpayer has requested that such notice be sent. If the taxpayer is dissatisfied with such changes or corrections, the taxpayer shall, within 30 days of the date of mailing of the change notice, notify the county board of tax assessors to continue the taxpayer's appeal to the county board of equalization by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by mailing to or filing with the county board of tax assessors a written notice of continuance. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization. (D) The written notice to the taxpayer required by this paragraph shall contain a statement of the grounds for rejection of any position the taxpayer has asserted with regard to the valuation of the property. No addition to or amendment of such grounds as to such position shall be permitted before the county board of equalization. (3)(A) In each year, the county board of tax assessors shall review the appeal and notify the taxpayer (i) if there are no changes or corrections in the valuation or decision, or (ii) of any corrections or changes within 180 days after receipt of the taxpayer's notice of appeal. If the county board of tax assessors fails to respond to the taxpayer within such 180 day period, the property valuation asserted by the taxpayer on the property tax return or the taxpayer's notice of appeal shall become the assessed fair market value for the taxpayer's property for the tax year under appeal. If no such assertion of value was submitted by the taxpayer, the appeal shall be forwarded to the county board of equalization. (B) In any county in which the number of appeals exceeds a number equal to or greater than 3 percent of the total number of parcels in the county or the sum of the current assessed value of the parcels under appeal is equal to or greater than 3 percent of the gross tax digest of the county, the county board of tax assessors may be granted an additional 180 day period to make its determination and notify the taxpayer. However, as a condition to receiving such an extension, the county board of tax assessors shall,

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at least 30 days before the expiration of the 180 day period provided under subparagraph (A) of this paragraph, notify each affected taxpayer of the additional 180 day review period provided in this subparagraph by mail or electronic communication, including posting notice on the website of the county board of tax assessors if such a website is available. Such additional period shall commence immediately following the last day of the 180 days provided for under subparagraph (A) of this paragraph. If the county board of tax assessors fails to review the appeal and notify the taxpayer of either no changes or of any corrections or changes not later than the last day of such additional 180 day period, then the most recent property tax valuation asserted by the taxpayer on the property tax return or on appeal shall prevail and shall be deemed the value established on such appeal unless a time extension is granted under subparagraph (C) of this paragraph. If no such assertion of value was submitted by the taxpayer, the appeal shall be forwarded to the county board of equalization. (C) Upon a sufficient showing of good cause by reason of unforeseen circumstances proven to the commissioner at least 30 days prior to the expiration of the additional 180 day period provided for under subparagraph (B) of this paragraph, the commissioner shall be authorized, in the commissioner's sole discretion, to provide for a time extension beyond the end of such additional 180 day period. The duration of any such time extension shall be specified in writing by the commissioner and, at least 30 days prior to the expiration of the extension provided for under subparagraph (B) of this paragraph, shall be sent to each affected taxpayer and shall also be posted on the website of the county board of tax assessors if such a website is available. If the county board of tax assessors fails to make its review and notify the taxpayer and the taxpayer's attorney not later than 30 days before the last day of such time extension, the most recent property tax valuation asserted by the taxpayer on the property tax return or on the taxpayer's notice of appeal shall prevail and shall be deemed the value established on such appeal. If no such assertion of value was submitted by the taxpayer, the appeal shall be forwarded to the county board of equalization. In addition, the commissioner shall be authorized to require additional training or require such other remediation as the commissioner may deem appropriate for failure to meet the deadline imposed by the commissioner under this subparagraph. (4) The determination by the county board of tax assessors of questions of factual characteristics of the property under appeal, as opposed to questions of value, shall be prima-facie correct in any appeal to the county board of equalization. However, the board of tax assessors shall have the burden of proving its opinions of value and the validity of its proposed assessment by a preponderance of evidence. (5) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board. (6)(A) Within 15 days of the receipt of the notice of appeal, the county board of equalization shall set a date for a hearing on the questions presented and shall so notify the taxpayer and the county board of tax assessors in writing. Such notice shall be sent

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by first-class mail to the taxpayer and to any authorized agent or representative of the taxpayer to whom the taxpayer has requested that such notice be sent. Such notice shall be transmitted by e-mail to the county board of tax assessors if such board has adopted a written policy consenting to electronic service, and, if it has not, then such notice shall be sent to such board by first-class mail or intergovernmental mail. Such written notice shall advise each party that he or she may request a list of witnesses, documents, or other written evidence to be presented at the hearing by the other party. Such request must be made not less than ten days prior to the hearing date, and such information shall be provided to the requesting party not less than seven days prior to the time of the hearing. Any failure to comply with this requirement shall be grounds for an automatic continuance or for exclusion of such witness, documents, or other written evidence. A taxpayer may appear before the board of equalization concerning any appeal in person, by his or her authorized agent or representative, or both. The taxpayer shall specify in writing to the board of equalization the name of any such agent or representative prior to any appearance by the agent or representative before the board. (B) Within 30 days of the date of notification to the taxpayer of the hearing required in this paragraph but not earlier than 20 days from the date of such notification to the taxpayer, the county board of equalization shall hold such hearing to determine the questions presented. (C) If more than one property of a taxpayer is under appeal, the board of equalization shall, upon request of the taxpayer, consolidate all such appeals in one hearing and announce separate decisions as to each parcel or item of property. Any appeal from such a consolidated board of equalization hearing to the superior court as provided in this subsection shall constitute a single civil action, and, unless the taxpayer specifically so indicates in his or her notice of appeal, shall apply to all such parcels or items of property.
(D)(i) The board of equalization shall announce its decision on each appeal at the conclusion of the hearing held in accordance with subparagraph (B) of this paragraph before proceeding with another hearing. The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall specify the reason or reasons for each such decision as to the specific issues of taxability, uniformity of assessment, value, or denial of homestead exemptions depending upon the specific issue or issues raised by the taxpayer in the course of such taxpayer's appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection (j) of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be delivered by hand to each party, with written receipt, or given to each party by sending a copy of the decision by registered or certified mail or statutory overnight delivery to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of

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equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board shall sign the decision indicating their vote. (ii) Except as otherwise provided in subparagraph (g)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county for the year in question and shall indicate such valuation as the previous year's value on the property tax notice of assessment of such taxpayer for the immediately following year rather than substituting the valuation which was changed by the county board of equalization.
(iii)(I) If the county's tax bills are issued before an appeal has been finally determined, the county board of tax assessors shall specify to the county tax commissioner the lesser of the valuation in the last year for which taxes were finally determined to be due on the property or 85 percent of the current year's value, unless the property in issue is homestead property and has been issued a building permit and structural improvements have occurred, or structural improvements have been made without a building permit, in which case, it shall specify 85 percent of the current year's valuation as set by the county board of tax assessors. Depending on the circumstances of the property, this amount shall be the basis for a temporary tax bill to be issued; provided, however, that a nonhomestead owner of a single property valued at $2 million or more may elect to pay the temporary tax bill which specifies 85 percent of the current year's valuation; or, such owner may elect to pay the amount of the difference between the 85 percent tax bill based on the current year's valuation and the tax bill based on the valuation from the last year for which taxes were finally determined to be due on the property in conjunction with the amount of the tax bill based on valuation from the last year for which taxes were finally determined to be due on the property, to the tax commissioner's office. Only the amount which represents the difference between the tax bill based on the current year's valuation and the tax bill based on the valuation from the last year for which taxes were finally determined to be due will be held in an escrow account by the tax commissioner's office. Once the appeal is concluded, the escrowed funds shall be released by the tax commissioner's office to the prevailing party. The taxpayer may elect to pay the temporary tax bill in the amount of 100 percent of the current year's valuation if no substantial property improvement has occurred. The county tax commissioner shall have the authority to adjust such tax bill to reflect the 100 percent value as requested by the taxpayer. Such tax bill shall be accompanied by a notice to the taxpayer that the bill is a temporary tax bill pending the outcome of the appeal process. Such notice shall also indicate that upon resolution of the appeal, there may be additional taxes due or a refund issued. (II) For the purposes of this Code section, any final value that causes a reduction in taxes and creates a refund that is owed to the taxpayer shall be paid by the tax

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commissioner to the taxpayer, entity, or transferee who paid the taxes with interest, as provided in subsection (m) of this Code section. (III) For the purposes of this Code section, any final value that causes an increase in taxes and creates an additional billing shall be paid to the tax commissioner as any other tax due along with interest, as provided in subsection (m) of this Code section. (7) The appeal administrator shall furnish the county board of equalization necessary facilities and administrative help. The appeal administrator shall see that the records and information of the county board of tax assessors are transmitted to the county board of equalization. The county board of equalization shall consider in the performance of its duties the information furnished by the county board of tax assessors and the taxpayer. (8) If at any time during the appeal process to the county board of equalization, the county board of tax assessors and the taxpayer mutually agree in writing on the fair market value, then the county board of tax assessors, or the county board of equalization, as the case may be, shall enter the agreed amount in all appropriate records as the fair market value of the property under appeal, and the appeal shall be concluded. The provisions in subsection (c) of Code Section 48-5-299 shall apply to the agreed-upon valuation unless otherwise waived by both parties. (9) Notwithstanding any other provision of law to the contrary, on any real property tax appeal made under this Code section on and after January 1, 2016, the assessed value being appealed may be lowered by the deciding body based upon the evidence presented but cannot be increased from the amount assessed by the county board of tax assessors. This paragraph shall not apply to any appeal where the taxpayer files an appeal during a time when subsection (c) of Code Section 48-5-299 is in effect for the assessment being appealed. (e.1) Appeals to hearing officer. (1)(A) For any dispute involving the value or uniformity of a parcel of nonhomestead real property with a fair market value in excess of $500,000.00 as shown on the taxpayer's annual notice of current assessment under Code Section 48-5-306, at the option of the taxpayer, an appeal may be submitted to a hearing officer in accordance with this subsection. If such taxpayer owns nonhomestead real property contiguous to such qualified nonhomestead real property, at the option of the taxpayer, such contiguous property may be consolidated with the qualified property for purposes of the hearing under this subsection. (B)(i) As used in this subparagraph, the term 'wireless property' means tangible personal property or equipment used directly for the provision of wireless services by a provider of wireless services which is attached to or is located underneath a wireless cell tower or at a network data center location but which is not permanently affixed to such tower or data center so as to constitute a fixture. (ii) For any dispute involving the values or uniformity of one or more account numbers of wireless property as defined in this subparagraph with an aggregate fair

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market value in excess of $500,000.00 as shown on the taxpayer's annual notice of current assessment under Code Section 48-5-306, at the option of the taxpayer, an appeal may be submitted to a hearing officer in accordance with this subsection. (2) Individuals desiring to serve as hearing officers and who are either state certified general real property appraisers or state certified residential real property appraisers as classified by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board for real property appeals or are designated appraisers by a nationally recognized appraiser's organization for wireless property appeals shall complete and submit an application, a list of counties the hearing officer is willing to serve, disqualification questionnaire, and resume and be approved by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board to serve as a hearing officer. Such board shall annually publish a list of qualified and approved hearing officers for Georgia. (3) The appeal administrator shall furnish any hearing officer so selected the necessary facilities. (4) An appeal shall be effected by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by filing with the county board of tax assessors a notice of appeal to a hearing officer within 45 days from the date of mailing the notice of assessment pursuant to Code Section 48-5-306. A written objection to an assessment of real property or wireless property received by a county board of tax assessors stating the taxpayer's election to appeal to a hearing officer and showing the location of the real property or wireless property contained in the assessment notice shall be deemed a notice of appeal by the taxpayer. (5) The county board of tax assessors may for no more than 90 days review the taxpayer's written appeal, and if changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. Within 30 days of the county board of tax assessors' mailing of such notice, the taxpayer may notify the county board of tax assessors in writing that the changes or corrections made by the county board of tax assessors are not acceptable, in which case, the county board of tax assessors shall, within 30 days of the date of mailing of such taxpayer's notification, send or deliver all necessary documentation to the appeal administrator, in paper or electronic format as agreed upon by the county board of tax assessors and appeal administrator, and mail a copy to the taxpayer or, alternatively, forward the appeal to the board of equalization if so elected by the taxpayer and such election is included in the taxpayer's notification that the changes are not acceptable. If, after review, the county board of tax assessors determines that no changes or corrections are warranted, the county board of tax assessors shall notify the taxpayer of such decision. The taxpayer may elect to forward the appeal to the board of equalization by notifying the county board of tax assessors within 30 days of the mailing of the county board of tax assessor's notice of no changes or corrections. Upon the expiration of 30 days following the mailing of the county board of tax assessors' notice of no changes or corrections, the county board of tax assessors shall certify the notice of appeal and send or deliver all necessary

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documentation to the appeal administrator, in paper or electronic format as agreed upon by the county board of tax assessors and appeal administrator, for the appeal to the hearing officer, or board of equalization if elected by the taxpayer, and mail a copy to the taxpayer. If the county board of tax assessors fails to respond in writing, either with changes or no changes, to the taxpayer within 180 days after receiving the taxpayer's notice of appeal, the property valuation asserted by the taxpayer on the property tax return or the taxpayer's notice of appeal shall become the assessed fair market value for the taxpayer's property for the tax year under appeal.
(6)(A) The appeal administrator shall randomly select from such list a hearing officer who shall have experience or expertise in hearing or appraising the type of property that is the subject of appeal to hear the appeal, unless the taxpayer and the county board of tax assessors mutually agree upon a hearing officer from such list. The appeal administrator shall notify the taxpayer and the taxpayer's attorney in compliance with subsection (o) of this Code section of the name of the hearing officer and transmit a copy of the hearing officer's disqualification questionnaire and resume provided for under paragraph (2) of this subsection. If no hearing officer is appointed or if no hearing is scheduled within 180 days after the county board of tax assessors receives the taxpayer's notice of appeal, the property valuation asserted by the taxpayer on the property tax return or the taxpayer's notice of appeal shall become the assessed fair market value for the taxpayer's property for the tax year under appeal, and subsection (c) of Code Section 48-5-299 shall apply. The hearing officer, in conjunction with all parties to the appeal, shall set a time and place to hear evidence and testimony from both parties. The hearing shall take place in the county where the property is located, or such other place as mutually agreed to by the parties and the hearing officer. The hearing officer shall provide electronic or written notice to the parties personally or by registered or certified mail or statutory overnight delivery not less than ten days before the hearing. Such written notice shall advise each party that he or she may request a list of witnesses, documents, or other written evidence to be presented at the hearing by the other party. Such request must be made not less than ten days prior to the hearing date, and such information shall be provided to the requesting party not less than seven days prior to the time of the hearing. Any failure to comply with this requirement shall be grounds for an automatic continuance or for exclusion of such witnesses, documents, or other written evidence. (B) If the appeal administrator, after a diligent search, cannot find a qualified hearing officer who is willing to serve, the appeal administrator shall transfer the certification of the appeal to the county or regional board of equalization and notify the taxpayer and the taxpayer's attorney in compliance with subsection (o) of this Code section and the county board of tax assessors of the transmittal of such appeal. (7) The hearing officer shall swear in all witnesses, perform the powers, duties, and authority of a county or regional board of equalization, and determine the fair market value of the real property or wireless property based upon the testimony and evidence

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presented during the hearing. Any issues other than fair market value and uniformity raised in the appeal shall be preserved for appeal to the superior court. The board of tax assessors shall have the burden of proving its opinion of value and the validity of its proposed assessment by a preponderance of evidence. At the conclusion of the hearing, the hearing officer shall notify both parties of the decision verbally and shall either send both parties the decision in writing or deliver the decision by hand to each party, with written receipt. (8) The taxpayer or the board of tax assessors may appeal the decision of the hearing officer to the superior court as provided in subsection (g) of this Code section. (9) If, at any time during the appeal under this subsection, the taxpayer and the county board of tax assessors execute a signed written agreement on the fair market value and any other issues raised: the appeal shall terminate as of the date of such signed agreement; the fair market value as set forth in such agreement shall become final; and subsection (c) of Code Section 48-5-299 shall apply. (9.1) The provisions contained in this subsection may be waived at any time by written consent of the taxpayer and the county board of tax assessors. (10) Each hearing officer shall be compensated by the county for time expended in hearing appeals. The compensation shall be paid at a rate of not less than $100.00 per hour for the first hour and not less than $25.00 per hour for each hour thereafter as determined by the county governing authority or as may be agreed upon by the parties with the consent of the county governing authority. Compensation pursuant to this paragraph shall be paid from the county treasury or, if the parties agree to pay compensation exceeding the minimum compensation set by this Code section, by a combination of the parties as agreed on by the parties. The hearing officer shall receive such compensation upon certification by the hearing officer of the hours expended in hearing of appeals. The attendance at any training required by the commissioner shall be part of the qualifications of the hearing officer, and any nominal cost of such training shall be paid by the hearing officer. (11) The commissioner shall promulgate rules and regulations for the proper administration of this subsection, including, but not limited to, qualifications; training, including an eight-hour course on Georgia property law, Georgia evidence law, preponderance of evidence, burden of proof, credibility of the witnesses, and weight of evidence; disqualification questionnaire; selection; removal; an annual continuing education requirement of at least four hours of instruction in recent legislation, current case law, and updates on appraisal and equalization procedures, as prepared and required by the commissioner; and any other matters necessary to the proper administration of this subsection. The failure of any hearing officer to fulfill the requirements of this paragraph shall render such officer ineligible to serve. Such rules and regulations shall also include a uniform appeal form which shall require the initial assertion of a valuation of the property by the taxpayer. Any such assertion of value shall be subject to later revision

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by the taxpayer based upon written evidence. The commissioner shall seek input from all interested parties prior to such promulgation. (12) If the county's tax bills are issued before the hearing officer has rendered his or her decision on property which is on appeal, a temporary tax bill shall be issued in the same manner as otherwise required under division (e)(6)(D)(iii) of this Code section. (13) Upon determination of the final value, the temporary tax bill shall be adjusted as required under division (e)(6)(D)(iii) of this Code section. (f) Nonbinding arbitration. (1) As used in this subsection, the term 'certified appraisal' means an appraisal or appraisal report given, signed, and certified as such by a real property appraiser as classified by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board. (2) At the option of the taxpayer, an appeal shall be submitted to nonbinding arbitration in accordance with this subsection.
(3)(A) Following an election by the taxpayer to use the arbitration provisions of this subsection, an arbitration appeal shall be effected by the taxpayer by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by filing a written notice of arbitration appeal with the county board of tax assessors. The notice of arbitration appeal shall specifically state the grounds for arbitration. The notice shall be filed within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306. Within ten days of receipt of a taxpayer's notice of arbitration appeal, the board of tax assessors shall send to the taxpayer an acknowledgment of receipt of the appeal and a notice that the taxpayer shall, within 45 days of the date of transmittal of the acknowledgment of receipt of the appeal, provide to the county board of tax assessors for consideration a copy of a certified appraisal. Failure of the taxpayer to provide such certified appraisal within such 45 days shall terminate the appeal unless the taxpayer within such 45 day period elects to have the appeal immediately forwarded to the board of equalization. Prior to appointment of the arbitrator and within 45 days of the acknowledgment of the receipt of the appeal, the taxpayer shall provide a copy of the certified appraisal as specified in this paragraph to the county board of tax assessors for consideration. Within 45 days of receiving the taxpayer's certified appraisal, the county board of tax assessors shall either accept the taxpayer's appraisal, in which case that value shall become final, or the county board of tax assessors shall reject the taxpayer's appraisal by sending within ten days of the date of such rejection a written notification by certified mail of such rejection to the taxpayer and the taxpayer's attorney of record in compliance with subsection (o) of this Code section, in which case the county board of tax assessors shall certify within 45 days the appeal to the appeal administrator of the county in which the property is located along with any other documentation specified by the person seeking arbitration under this subsection, including, but not limited to, the staff information from the file used by the county board of tax assessors. In the event the taxpayer is not notified of

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a rejection of the taxpayer's appraisal within such ten-day period, the taxpayer's appraisal value shall become final. In the event that the county board of tax assessors neither accepts nor rejects the value set out in the certified appraisal within 45 days after the receipt of the certified appraisal, then the certified appraisal shall become the final value. All papers and information certified to the appeal administrator shall become a part of the record on arbitration. At the time of certification of the appeal, the county board of tax assessors shall serve the taxpayer and the taxpayer's attorney of record in compliance with subsection (o) of this Code section, if any, or employee with a copy of the certification along with any other papers specified by the person seeking arbitration along with the civil action file number assigned to the appeal, if any. Within 15 days of filing the certification to the appeal administrator, the presiding or chief judge of the superior court of the circuit in which the property is located shall issue an order authorizing the arbitration. (B) At any point, the county board of tax assessors and the taxpayer may execute a signed, written agreement establishing the fair market value without entering into or completing the arbitration process. The fair market value as set forth in such agreement shall become the final value. (C) The arbitration shall be conducted pursuant to the following procedure:
(i) The county board of tax assessors shall, at the time the appeal is certified to the appeal administrator under subparagraph (A) of this paragraph, provide to the taxpayer a notice of a meeting time and place to decide upon an arbitrator, to occur within 60 days after the date of sending the rejection of the taxpayer's certified appraisal. Following the notification of the taxpayer of the date and time of the meeting, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the meeting to a date and time acceptable to the taxpayer and the county board of tax assessors. If the parties agree, the matter shall be submitted to a single arbitrator chosen by the parties. If the parties cannot agree on the single arbitrator, the arbitrator may be chosen by the presiding or chief judge of the superior court of the circuit in which the property is located within 30 days after the filing of a petition by either party; (ii) In order to be qualified to serve as an arbitrator, a person shall be classified as a state certified general real property appraiser or state certified residential real property appraiser pursuant to the rules and regulations of the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board and shall have experience or expertise in appraising the type of property that is the subject of the arbitration; (iii) The arbitrator, within 30 days after his or her appointment, shall set a time and place to hear evidence and testimony from both parties. The arbitrator shall provide written notice to the parties personally or by registered or certified mail or statutory overnight delivery not less than 21 days before the hearing. Such written notice shall advise each party that he or she may request a list of witnesses, documents, or other written evidence to be presented at the hearing by the other party. Such request must

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be made not less than ten days prior to the hearing date, and such information shall be provided to the requesting party not less than seven days prior to the time of the hearing. Any failure to comply with this requirement shall be grounds for an automatic continuance or for exclusion of such witnesses, documents, or other written evidence. The arbitrator, in consultation with the parties, may adjourn or postpone the hearing. Following notification of the taxpayer of the date and time of the hearing, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the hearing to a date and time acceptable to the taxpayer and the county board of tax assessors. The presiding or chief judge of the superior court of the circuit in which the property is located may direct the arbitrator to proceed promptly with the hearing and the determination of the appeal upon application of any party. The hearing shall occur in the county in which the property is located or such other place as may be agreed upon in writing by the parties; (iv) At the hearing, the parties shall be entitled to be heard, to present documents, testimony, and other matters, and to cross-examine witnesses. The arbitrator may hear and determine the controversy upon the documents, testimony, and other matters produced notwithstanding the failure of a party duly notified to appear; (v) The arbitrator shall maintain a record of all pleadings, documents, testimony, and other matters introduced at the hearing. The arbitrator or any party to the proceeding may have the proceedings transcribed by a court reporter; (vi) The provisions of this paragraph may be waived at any time by written consent of the taxpayer and the board of tax assessors; (vii) At the conclusion of the hearing, the arbitrator shall render a decision regarding the fair market value of the property subject to nonbinding arbitration; (viii) In order to determine the fair market value, the arbitrator may consider the final value for the property submitted by the county board of tax assessors at the hearing and the final value submitted by the taxpayer at the hearing. The taxpayer shall be responsible for the cost of any appraisal by the taxpayer's appraiser; (ix) The arbitrator shall consider the final value submitted by the county board of tax assessors, the final value submitted by the taxpayer, and evidence supporting the values submitted by the county board of tax assessors and the taxpayer. The arbitrator shall determine the fair market value of the property under appeal. The arbitrator shall notify both parties of the decision verbally and shall either send both parties the decision in writing or deliver the decision by hand to each party, with written receipt; (x) If the taxpayer's value is closest to the fair market value determined by the arbitrator, the county shall be responsible for the fees and costs of such arbitrator. If the value of the board of tax assessors is closest to the fair market value determined by the arbitrator, the taxpayer shall be responsible for the fees and costs of such arbitrator; and (xi) The board of tax assessors shall have the burden of proving its opinion of value and the validity of its proposed assessment by a preponderance of evidence.

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(4) If the county's tax bills are issued before an arbitrator has rendered his or her decision on property which is on appeal, a temporary tax bill shall be issued in the same manner as otherwise required under division (e)(6)(D)(iii) of this Code section. (5) Upon determination of the final value, the temporary tax bill shall be adjusted as required under division (e)(6)(D)(iii) of this Code section. (g) Appeals to the superior court. (1) The taxpayer or the county board of tax assessors may appeal decisions of the county board of equalization, hearing officer, or arbitrator, as applicable, to the superior court of the county in which the property lies. By mutual written agreement, the taxpayer and the county board of tax assessors may waive an appeal to the county board of equalization and initiate an appeal under this subsection. A county board of tax assessors shall not appeal a decision of the county board of equalization, arbitrator, or hearing officer, as applicable, changing an assessment by 20 percent or less unless the board of tax assessors gives the county governing authority a written notice of its intention to appeal, and, within ten days of receipt of the notice, the county governing authority by majority vote does not prohibit the appeal. In the case of a joint city-county board of tax assessors, such notice shall be given to the city and county governing authorities, either of which may prohibit the appeal by majority vote within the allowed period of time. (2) An appeal by the taxpayer as provided in paragraph (1) of this subsection shall be effected by e-mailing, if the county board of tax assessors has adopted a written policy consenting to electronic service, or by mailing to or filing with the county board of tax assessors a written notice of appeal. An appeal by the county board of tax assessors shall be effected by giving notice to the taxpayer. The notice to the taxpayer shall be dated and shall contain the name and the last known address of the taxpayer. The notice of appeal shall specifically state the grounds for appeal. The notice shall be mailed or filed within 30 days from the date on which the decision of the county board of equalization, hearing officer, or arbitrator is delivered pursuant to subparagraph (e)(6)(D), paragraph (7) of subsection (e.1), or division (f)(3)(C)(ix) of this Code section. Within 45 days of receipt of a taxpayer's notice of appeal and before certification of the appeal to the superior court, the county board of tax assessors shall send to the taxpayer notice that a settlement conference, in which the county board of tax assessors and the taxpayer shall confer in good faith, will be held at a specified date and time which shall be no later than 30 days from the notice of the settlement conference, and notice of the amount of the filing fee, if any, required by the clerk of the superior court. The taxpayer may exercise a one-time option to reschedule the settlement conference to a different date and time acceptable to the taxpayer during normal business hours. After a settlement conference has convened, the parties may agree to continue the settlement conference to a later date. If at the end of the 45 day review period the county board of tax assessors elects not to hold a settlement conference, then the appeal shall terminate and the taxpayer's stated value shall be entered in the records of the board of tax assessors as the fair market value for the year under appeal and the provisions of subsection (c) of Code

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Section 48-5-299 shall apply to such value. If the taxpayer chooses not to participate in the settlement conference, he or she may not seek and shall not be awarded fees and costs at such time when the appeal is settled in superior court. If at the conclusion of the settlement conference the parties reach an agreement, the settlement value shall be entered in the records of the county board of tax assessors as the fair market value for the tax year under appeal and the provisions of subsection (c) of Code Section 48-5-299 shall apply to such value. If at the conclusion of the settlement conference the parties cannot reach an agreement, then written notice shall be provided to the taxpayer that the filing fees must be paid by the taxpayer to the clerk of the superior court within 20 days of the date of the conference, with a copy of the check delivered to the county board of tax assessors. Notwithstanding any other provision of law to the contrary, the amount of the filing fee for an appeal under this subsection shall be $25.00. An appeal under this subsection shall not be subject to any other fees or additional costs otherwise required under any provision of Title 15 or under any other provision of law. Immediately following payment of such $25.00 filing fee by the taxpayer to the clerk of the superior court, the clerk shall remit the proceeds thereof to the governing authority of the county which shall deposit the proceeds into the general fund of the county. Within 30 days of receipt of proof of payment to the clerk of the superior court, the county board of tax assessors shall certify to the clerk of the superior court the notice of appeal and any other papers specified by the person appealing including, but not limited to, the staff information from the file used by the county board of tax assessors, the county board of equalization, the hearing officer, or the arbitrator. All papers and information certified to the clerk shall become a part of the record on appeal to the superior court. At the time of certification of the appeal, the county board of tax assessors shall serve the taxpayer and his or her attorney of record, if any, with a copy of the notice of appeal and with the civil action file number assigned to the appeal. Such service shall be effected in accordance with subsection (b) of Code Section 9-11-5. No discovery, motions, or other pleadings may be filed by the county board of tax assessors in the appeal until such service has been made. (3) The appeal shall constitute a de novo action. The board of tax assessors shall have the burden of proving its opinions of value and the validity of its proposed assessment by a preponderance of evidence. Upon a failure of the board of tax assessors to meet such burden of proof, the court may, upon motion or sua sponte, authorize the finding that the value asserted by the board of tax assessors is unreasonable and authorize the determination of the final value of the property.
(4)(A) The appeal shall be placed on the court's next available jury or bench trial calendar, at the taxpayer's election, following the filing of the appeal unless continued by the court. If only questions of law are presented in the appeal, the appeal shall be heard as soon as practicable before the court sitting without a jury. Each hearing before the court sitting without a jury at the taxpayer's election shall be held within 30 days following the date on which the appeal is filed with the clerk of the superior court.

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(B)(i) The county board of tax assessors shall use the valuation of the county board of equalization, the hearing officer, or the arbitrator, as applicable, in compiling the tax digest for the county.
(ii)(I) If the final determination of value on appeal is less than the valuation thus used, the tax commissioner shall be authorized to adjust the taxpayer's tax bill to reflect the final value for the year in question. (II) If the final determination of value on appeal causes a reduction in taxes and creates a refund that is owed to the taxpayer, it shall be paid by the tax commissioner to the taxpayer, entity, or transferee who paid the taxes with interest, as provided in subsection (m) of this Code section. (III) If the final determination of value on appeal is 85 percent or less of the valuation set by the county board of equalization, hearing officer, or arbitrator as to any real property, the taxpayer, in addition to the interest provided for in subsection (m) of this Code section, shall recover costs of litigation and reasonable attorney's fees incurred in the action. Any appeal of an award of attorney's fees by the county shall be specifically approved by the governing authority of the county. (iii) If the final determination of value on appeal is greater than the valuation set by the county board of equalization, hearing officer, or arbitrator, as applicable, causes an increase in taxes, and creates an additional billing, it shall be paid to the tax commissioner as any other tax due along with interest, as provided in subsection (m) of this Code section."

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

Approved May 3, 2018.

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RETIREMENT AND PENSIONS PEACE OFFICERS' ANNUITY AND BENEFIT FUND; MEMBERSHIP; CONTRIBUTION.

No. 311 (House Bill No. 398).

AN ACT

To amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions for the Peace Officers' Annuity and Benefit Fund, so as to update a cross-reference; to add a position eligible for membership in such fund; to provide for a

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certain employer's contribution to such fund; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, is amended by revising subparagraph (I) of paragraph (5) of Code Section 47-17-1, relating to definitions, as follows:
"(I) Persons in the categories listed below who are required, as a condition necessary to carry out their duties, to be certified as peace officers pursuant to the provisions of Chapter 8 of Title 35, known as the 'Georgia Peace Officer Standards and Training Act':
(i) Persons employed by the Department of Juvenile Justice who have been designated by the commissioner of juvenile justice to investigate and apprehend delinquent children or children in need of services who have escaped from an institution or facility or have broken their conditions of supervision; any employee of the Department of Juvenile Justice whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent children or children in need of services in its institutions, facilities, or programs or who is a line supervisor of any such employee, provided that the powers of a peace officer have been conferred upon such person pursuant to Chapter 4A of Title 49; (ii) Narcotics agents retained by the director of the Georgia Bureau of Investigation pursuant to the provisions of Code Section 35-3-9; (iii) Investigators employed by the Secretary of State as securities investigators pursuant to the provisions of Code Section 10-5-10; (iv) Investigators employed by the Secretary of State as investigators for the professional licensing boards pursuant to the provisions of Code Section 43-1-5; (v) Persons employed by the Department of Driver Services to whom the commissioner of driver services has delegated law enforcement powers; provided, however, that no such person shall be entitled to obtain any prior creditable service other than actual membership service; (vi) Persons employed by the Georgia Composite Medical Board as investigators pursuant to subsection (e) of Code Section 43-34-6; and (vii) Persons employed by the Georgia Board of Dentistry as investigators pursuant to subsection (d) of Code Section 43-11-2.1;"

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SECTION 2. Said chapter is further amended in Article 4, relating to revenues collected from fines and fees relative to the Peace Officers' Annuity and Benefit Fund, by adding a new Code section to read as follows:
"47-17-62. The Georgia Board of Dentistry shall pay an employer contribution for each person who becomes a member of the fund pursuant to division (5)(I)(vii) of Code Section 47-17-1. Such contribution shall be the full actuarial cost of the member's participation as calculated by the actuary for the fund and shall be made on a monthly basis."

SECTION 3. This Act shall become effective on July 1, 2018, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2018, as required by subsection (a) of Code Section 47-20-50.

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

Approved May 3, 2018.

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FIRE PROTECTION AND SAFETY FIREWORKS; NOISE ORDINANCES; USE DURING DROUGHT DECLARATION; NOTICES TO CONSUMERS.

No. 312 (House Bill No. 419).

AN ACT

To amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to subject the use or ignition of consumer fireworks to general noise ordinances of counties and municipal corporations in certain circumstances; to provide for conditions; to provide for meeting notice requirements; to revise procedures and requirements concerning consumer fireworks for a drought declaration; to require certain signs in the retail display area for consumer fireworks; 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 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, is amended by revising Code Section 25-10-2, relating to prohibited fireworks activities, as follows:
"25-10-2. (a) It shall be unlawful for any person, firm, corporation, association, or partnership to offer for sale at retail or wholesale, to use or ignite or cause to be ignited, or to possess, manufacture, transport, or store any consumer fireworks or fireworks, except as otherwise provided in this chapter.
(b)(1) Notwithstanding any provision of this chapter to the contrary, it shall be unlawful for any person, firm, corporation, association, or partnership to sell consumer fireworks or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 to any person under 18 years of age. (2) It shall be unlawful to sell consumer fireworks or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 to any person by any means other than an in-person, face-to-face sale. Such person shall provide proper identification to the seller at the time of such purchase. For purposes of this paragraph, the term 'proper identification' means any document issued by a governmental agency containing a description of the person or such person's photograph, or both, and giving such person's date of birth and includes without being limited to a passport, military identification card, driver's license, or identification card authorized under Code Sections 40-5-100 through 40-5-104.
(3)(A) It shall be unlawful to use fireworks, consumer fireworks, or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 indoors or within the right of way of a public road, street, highway, or railroad of this state. (B) Except as provided for in subparagraph (D) or (E) of this paragraph and subject to paragraph (4) of this subsection and Code Section 25-10-2.1, it shall be lawful for any person, firm, corporation, association, or partnership to use or ignite or cause to be ignited any consumer fireworks:
(i) On any day beginning at the time of 10:00 A.M. and up to and including the ending time of 11:59 P.M., unless during such times the noise from such use or ignition is not in compliance with a noise ordinance of a county or municipal corporation as provided for in subsection (c) of this Code section, except as otherwise provided for under this subparagraph; provided, however, that a county or municipal corporation may additionally require the issuance of a special use permit pursuant to subparagraph (D) of this paragraph for use or ignition; (ii) On January 1, the last Saturday and Sunday in May, July 3, July 4, the first Monday in September, and December 31 of each year after the time of 10:00 A.M. and up to and including the time of 11:59 P.M.; and

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(iii) On January 1 of each year beginning at the time of 12:00 Midnight and up to and including the ending time of 1:00 A.M. (C) Subject to subparagraph (D) of this paragraph, paragraph (4) of this subsection, and Code Section 25-10-2.1, it shall be lawful for any person, firm, corporation, association, or partnership to use or ignite or cause to be ignited any consumer fireworks anywhere in this state except: (i) As provided for under subparagraph (A) of this paragraph; (ii) In any location where such person, firm, corporation, association, or partnership is not lawfully present or is not otherwise lawfully permitted to use or ignite or cause to be ignited any consumer fireworks; (iii) Within 100 yards of an electric plant; water treatment plant; waste-water treatment plant; a facility engaged in the retail sale of gasoline or other flammable or combustible liquids or gases where the volume stored is in excess of 500 gallons for the purpose of retail sale; a facility engaged in the production, refining, processing, or blending of any flammable or combustible liquids or gases for retail purposes; any public or private electric substation; or a jail or prison; (iv) Within 100 yards of the boundaries of any public use air facility provided for under Title 6 or any public use landing area or platform marked and designed for landing use by helicopters; (v) Within any park, historic site, recreational area, or other property which is owned by or operated by, for, or under the custody and control of a governing authority of a county or municipal corporation, except pursuant to a special use permit as provided for in subparagraph (D) of this paragraph; (vi) Within any park, historic site, recreational area, or other property which is owned by or operated by, for, or under the custody and control of the State of Georgia, except pursuant to any rules and regulations of the agency or department having control of such property which may allow for such use or ignition of consumer fireworks; (vii) Within 100 yards of a hospital, nursing home, or other health care facility regulated under Chapter 7 of Title 31; provided, however, that an owner or operator of such facility may use or ignite or cause to be ignited consumer fireworks on the property of such facility or may grant written permission to any person, firm, corporation, association, or partnership to use or ignite or cause to be ignited consumer fireworks on the property of such facility; or (viii) While under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is less safe or unlawful for such person to ignite consumer fireworks as provided for in Code Section 25-10-2.1. (D) Any person, firm, corporation, association, or partnership may use or ignite or cause to be ignited any consumer fireworks as provided for under divisions (3)(B)(i) and (3)(C)(v) of this subsection if such person, firm, corporation, association, or partnership is issued a special use permit pursuant to the law of a governing authority

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of a county or municipal corporation for the use or ignition of consumer fireworks in a location within such county or municipality as provided for under divisions (3)(B)(i) and (3)(C)(v) of this subsection, provided that such special use permit is required for such use or ignition. Such special use permit shall designate the time or times and location that such person, firm, corporation, association, or partnership may use or ignite or cause to be ignited such consumer fireworks. A fee assessed by a county or municipal corporation for the issuance of a special use permit pursuant to this subparagraph shall not exceed $100.00. No governing authority or official of a county, municipality, or other political subdivision shall bear liability for any decisions made pursuant to this Code section. (E) Whenever the Keetch-Byram Drought Index reaches a level of 700 or above for any geographical area within a county, the Governor may, in consultation with the State Forestry Commission and the Department of Natural Resources and for purposes of this Code section, issue a declaration of drought for such county and enact further regulations and restrictions prohibiting any person, firm, corporation, association, or partnership to ignite or cause to be ignited consumer fireworks within the boundaries of such county for the duration of such declaration; provided, however, that upon expiration or conclusion of such declaration or the level on the Keetch-Byram Drought Index receding below 700, whichever occurs first, such further regulations or restrictions shall be rescinded by law. (4)(A) It shall be lawful for any person 18 years of age or older to use or ignite or cause to be ignited or to possess, manufacture, transport, or store consumer fireworks. (B) To the extent otherwise permitted by law, it shall be lawful for any person who is 16 or 17 years of age to possess or transport consumer fireworks, provided that such person is serving as an assistant to a distributor licensed under subsection (c) of Code Section 25-10-5.1 or the nonprofit group benefiting from such distributor's application pursuant to subsection (c) of Code Section 25-10-5.1 and is not transporting such consumer fireworks on a highway which constitutes a part of The Dwight D. Eisenhower System of Interstate and Defense Highways. (5)(A) It shall be lawful for any person 18 years of age or older to sell or to offer for sale at retail or wholesale any consumer fireworks pursuant to the requirements of this chapter. (B) It shall be lawful for any person who is 16 or 17 years of age to sell or to offer for sale at retail or wholesale any consumer fireworks, provided that such person is serving as an assistant to a distributor licensed under subsection (c) of Code Section 25-10-5.1 or the nonprofit group benefiting from such distributor's application pursuant to subsection (c) of Code Section 25-10-5.1. (6)(A) It shall be lawful to sell consumer fireworks from a permanent consumer fireworks retail sales facility or store only if such permanent consumer fireworks retail sales facility or store is:

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(i) In compliance with the requirements for such a permanent consumer fireworks retail sales facility or store in the selling of consumer fireworks as provided for in NFPA 1124; and (ii) Selling consumer fireworks of a distributor licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1. (B) It shall be lawful to sell consumer fireworks from a temporary consumer fireworks retail sales stand only if such temporary consumer fireworks retail sales stand is: (i) In compliance with the requirements for such a temporary consumer fireworks retail sales stand in the selling of consumer fireworks as provided for in NFPA 1124; (ii) Within 1,000 feet of a fire hydrant of a county, municipality, or other political subdivision or a fire department connection of a building affiliated with such consumer fireworks retail sales stand, unless the chief administrative officer of the fire department of a county, municipality, or other political subdivision or chartered fire department legally organized to operate in this state pursuant to Chapter 3 of this title and having operational authority over such location of the temporary consumer fireworks retail sales stand provides in writing that such temporary consumer fireworks retail sales stand may operate in excess of 1,000 feet from such fire hydrant or fire department connection; and (iii) Selling consumer fireworks of a distributor licensed pursuant to subsection (c) of Code Section 25-10-5.1. A distributor licensed pursuant to subsection (c) of Code Section 25-10-5.1 may operate no more than two temporary consumer fireworks retail sales stands in this state per location licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1; provided, however, that such distributor has been operating and open to the public pursuant to subsection (b) or (d) of Code Section 25-10-5.1 no less than 30 days prior to July 4 or December 31 in the year of an application for a license under subsection (c) of Code Section 25-10-5.1 that is filed within 30 days of July 4 or December 31. (C) It shall be unlawful to sell consumer fireworks from any motor vehicle, from a trailer towed by a motor vehicle, or from a tent, canopy, or membrane structure. (c) Any noise ordinance of a county or municipal corporation which is to have effect for purposes of subdivision (b)(3)(B)(i) shall have been enacted or reenacted on or after July 1, 2018, and shall: (1) Be a general noise ordinance concerning all manner of sounds or noises and such county or municipal corporation shall not have any ordinance separately pertaining to sounds or noises emanating exclusively from consumer fireworks; and (2) Not have been enacted or reenacted unless notice of the meeting in which such noise ordinance was enacted or reenacted was published one time at least 15 days in advance of such meeting in the legal organ of such county or municipal corporation and was posted for at least 72 hours at least 15 days in advance of such meeting on the homepage of the official website of such county or municipal corporation. Such notice shall state

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the date, time, and place of such meeting and that such noise ordinance which will affect the use of consumer fireworks will be acted upon."

SECTION 2. Said chapter is further amended in Code Section 25-10-5.1, relating to requirements for issuance of license to distribute consumer fireworks, by adding a new subsection to read as follows:
"(e)(1) Every licensed distributor selling consumer fireworks pursuant to this Code section shall have within the retail display area for consumer fireworks at least one sign providing the following information:
(A) 'PLEASE CHECK YOUR LOCAL ORDINANCES PRIOR TO USING OR IGNITING CONSUMER FIREWORKS'; (B) 'PLEASE USE CONSUMER FIREWORKS IN ACCORDANCE WITH THEIR AFFIXED CAUTION AND WARNING LABELS'; and (C) 'PLEASE BE A GOOD NEIGHBOR AND BE MINDFUL THAT UNANNOUNCED IGNITION NEAR SOME MILITARY VETERANS AND OTHER PERSONS AND NEAR SOME PETS CAN BE TRAUMATIC'. (2) Such signs shall be at least 22 inches by 28 inches in size, be printed in at least 40 point boldface type in a color contrasting from such sign's background color, and kept free from obstruction and in plain sight of customers."

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

Approved May 3, 2018.

__________

MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS GEORGIA VETERANS SERVICE FOUNDATION, INC.

No. 313 (House Bill No. 422).

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 authorize incorporation of a nonprofit corporation as a public foundation; to provide requirements for the same; to provide for the purpose and governance of such public foundation; to provide for annual reports; 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 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:
"38-4-14. (a) The Veterans Service Board shall have the power and authority to establish a nonprofit corporation to be designated as the Georgia Veterans Service Foundation, Inc., to qualify as a public foundation under Section 501(c)(3) of the federal Internal Revenue Code for the purposes described in this Code section. The nonprofit corporation created pursuant to this Code section 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)(1) The purpose of the Georgia Veterans Service Foundation, Inc., shall be to actively seek supplemental funds and in-kind goods, services, and property to promote Georgia's state war veterans' homes and veterans' cemeteries and for any other purpose of the Veterans Service Board. Funds received by the foundation may be conveyed to the Department of Veterans Service or awarded through a competitive grant process administered by the Veterans Service Board. (2) Georgia Veterans Service Foundation, Inc., shall be governed by a board of directors composed of seven persons, who shall not be the same individuals as the currently serving members of the Veterans Service Board, who shall be appointed by the commissioner of veterans service, subject to the approval of the Veterans Service Board. Persons appointed to the board of directors shall have honorably served not less than three months in the armed forces of the United States or two years in a reserve or National Guard component of the armed forces of the United States. The members of the board of directors shall serve for seven-year terms that shall be staggered such that one member completes a term each year. The members may succeed themselves on the board of directors one time and thereafter may be reappointed to additional terms following a three-year interval after completion of any second consecutive term. (3) The board of directors shall meet at least one time each year to conduct the business of Georgia Veterans Service Foundation, Inc. The board of directors shall annually elect from its membership a chairperson, a vice chairperson, a secretary, and a treasurer. (4) The board of directors shall appoint a chief executive officer, a chief operating officer, and a chief financial officer of Georgia Veterans Service Foundation, Inc., from individuals who are employees of the Department of Veterans Service, excluding the commissioner of veterans service, who shall serve in these capacities without compensation but who shall be entitled to reimbursement of expenses reasonably incurred from Georgia Veterans Service Foundation, Inc., for performing their duties under this Code section.

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(c) The 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 such nonprofit corporation; (2) Upon dissolution of such nonprofit corporation incorporated by the Veterans Service Board, any assets shall revert to the Veterans Service Board or to any successor to the Veterans Service Board or, failing such succession, to the State of Georgia; (3) To avoid the appearance of undue influence on regulatory functions by donors, no donations to such nonprofit corporation from private sources shall be used for salaries, benefits, or travel expenses of the Veterans Service Board; (4) Such nonprofit corporation shall be subject to all laws relating to open meetings and the inspection of public records; (5) The Veterans Service Board shall not be liable for the action or omission to act of such nonprofit corporation; provided, however, as an administrative cost, such nonprofit corporation shall obtain and maintain errors and omissions liability coverage insurance in the amount of not less than $1 million; and (6) No debts, bonds, notes, or other obligations incurred by such nonprofit corporation shall constitute an indebtedness or obligation of the State of Georgia nor shall any act of such nonprofit corporation constitute or result in the creation of an indebtedness of the state; provided, however, such nonprofit corporation shall not have the power to incur long-term or short-term indebtedness in connection with its authority under this Code section but may incur short-term credit obligations. No holder or holders of 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. (d) Georgia Veterans Service Foundation, Inc., shall prepare and make public an annual report identifying all donors to Georgia Veterans Service Foundation, Inc., and the amount or property each donor donated, as well as all expenditures or other expenditures of money or property donated. 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 Defense and Veterans Affairs and the Senate Veterans, Military and Homeland Security Committee, or their successors. Georgia Veterans Service Foundation, Inc., shall also provide such persons with a copy of all filings with the federal Internal Revenue Service."

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

Approved May 3, 2018.

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EDUCATION TUITION EQUALIZATION GRANTS; APPROVED SCHOOLS.

No. 314 (House Bill No. 432).

AN ACT

To amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions relative to tuition equalization grants at private colleges and universities, so as to provide that certain institutions that lack accreditation by the Southern Association of Colleges and Schools shall be deemed to be an approved school for tuition equalization purposes if previously deemed an approved school under certain alternative provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions relative to tuition equalization grants at private colleges and universities, is amended by revising paragraph (2) as follows:
"(2) 'Approved school' means: (A) A nonproprietary institution of higher education located in this state which is not a branch of the university system; which is not a four-year or graduate level institution of higher education that is, or is a part of, a college or university system that is owned and operated by a state other than Georgia; which is accredited by the Southern Association of Colleges and Schools; which is not a graduate level school or college of theology or divinity; and which is not presently receiving state funds under Article 4 of this chapter; provided, however, that an institution which otherwise meets the requirements of this definition and of this subpart except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an 'approved school' during the period that the institution holds candidate for accreditation status with the Southern Association of Colleges and Schools; provided, further, that an institution which otherwise meets the requirements of this definition and of this subpart except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an 'approved school' if such institution was previously an 'approved school' under division (iii) of subparagraph (B) of this paragraph within the last five years; provided, further, that an institution which was previously accredited by the Southern Association of Colleges and Schools within the last seven years and which otherwise meets the requirements of this definition and of this subpart except for the lack of accreditation by the Southern Association of Colleges and Schools shall be deemed to be an 'approved school'; and

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(B)(i) A qualified proprietary institution of higher education located in this state which is a baccalaureate degree-granting institution of higher education; which is accredited by the Southern Association of Colleges and Schools; which is not a Bible school or college (or, at the graduate level, a school or college of theology or divinity); which admits as regular students only persons who have a high school diploma, a general educational development (GED) diploma, or a degree from an accredited postsecondary institution; whose students are eligible to participate in the federal Pell Grant program; which has been reviewed and approved for operation and for receipt of tuition equalization grant funds by the Georgia Nonpublic Postsecondary Education Commission; which is domiciled and incorporated in the State of Georgia; which has been in existence in the State of Georgia for at least ten years; and which met all of the requirements of this subparagraph by January 1, 2011; provided, however, that the criteria for approval for receipt of tuition equalization grant funds shall include but not be limited to areas of course study, quality of instruction, student placement rate, research and library sources, faculty, support staff, financial resources, physical plant facilities resources, and support and equipment resources. (ii) Any proprietary institution that is otherwise qualified pursuant to division (i) of this subparagraph on July 1, 1995, shall be deemed to be eligible for receipt of tuition equalization grant funds subject, however, to any subsequent review of such approval pursuant to any proper regulations which may thereafter be adopted in accordance with paragraph (10) of subsection (b) of Code Section 20-3-250.5 applicable to all qualified proprietary institutions. (iii) Any proprietary institution of higher education that is otherwise qualified pursuant to division (i) of this subparagraph on January 1, 2011, shall continue to be an approved school pursuant to this paragraph as long as it continues to meet the requirements of division (i) of this subparagraph as such existed on March 14, 2011."

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

Approved May 3, 2018.

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PROFESSIONS AND BUSINESSES CHARITABLE SOLICITATIONS; COLLECTION RECEPTACLES.

No. 316 (House Bill No. 475).

AN ACT

To amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to charitable solicitations, so as to implement additional requirements for use of collection receptacles for donations; to revise penalties and provide additional penalties for violation of said chapter; to provide for related matters; to allow local governing authorities to issue written notices; to allow local governing authorities to petition the superior court for an order for the removal of collection receptacles; to provide for a superior court to order collection receptacles to be removed at the cost of the paid solicitor or charitable organization; to provide for local governing authorities to remove any collection receptacle subject to the court's order at the cost of the property owner, paid solicitor, or charitable organization; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 17 of Title 43 of the Official Code of Georgia Annotated, relating to charitable solicitations, is amended by revising paragraph (4.1) of Code Section 43-17-2, relating to definitions, as follows:
"(4.1) 'Collection receptacle' means an unattended container, located outdoors, for the purpose of collecting donations of clothing, books, personal or household items, or other goods. Such term shall not include containers used for the purpose of collecting monetary donations."

SECTION 2. Said chapter is further amended by adding new subsections to Code Section 43-17-8.1, relating to requirements for use of collection receptacles for donations, to read as follows:
"(e)(1) A person placing and operating any collection receptacle on property in which such person has no ownership or leasehold interest shall, prior to such placement and operation, obtain notarized, written permission from all owners of such property, a property management service, or all holders of a leasehold interest in such property to place and operate such collection receptacle on such property. Copies of such notarized, written permission shall be maintained by the person placing and operating such collection receptacle and provided to every owner or leaseholder of such property at any time upon request by any such owner or leaseholder. If such permission is obtained from

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such property owner or owners, the person placing and operating the collection receptacle shall provide written notification to any leaseholders, tenants, or other occupants of such property of the consent of such property owner or owners to such placement and operation. The notarized, written permission required by this subsection shall include the signature of the person placing and operating the collection receptacle, or such person's authorized agent, and of all owners or leaseholders of the property, as applicable. (2) A person with an existing collection receptacle located on property in which such person has no ownership or leasehold interest shall have until December 31, 2018, to comply with the requirements of this subsection. (f)(1) Any owner or leaseholder of property on which a collection receptacle is placed and operated in conformance with subsection (e) of this Code section may demand removal of such collection receptacle in writing by United States mail, return receipt requested, or statutory overnight delivery to the address listed on the collection receptacle pursuant to this Code section. Such owner or leaseholder shall also send a copy of any such demand to the office of the Secretary of State. The person placing the collection receptacle shall remove the collection receptacle as well as any contents left in and around the collection receptacle within 30 days of the date such demand is either deposited in the United States mail, return receipt requested, or received by statutory overnight delivery. (2) If the person placing and operating the collection receptacle on another's property fails to remove such collection receptacle as required by paragraph (1) of this subsection, any owner or any leaseholder of such property shall have the immediate right to take possession of, remove, and dispose of such collection receptacle and its contents without incurring any civil or criminal liability for such actions. Any expenses incurred in such removal and disposal by such owner or leaseholder shall be invoiced to, and paid by, the person who placed and operated such collection receptacle on such property. The owner or leaseholder may also request that law enforcement personnel take possession of, remove, and dispose of such collection receptacle and the contents thereof. If law enforcement personnel, in their discretion, honor such request, they will be immune from any civil or criminal liability for such actions. (g) Any owner or any leaseholder of the property may demand immediate removal of a collection receptacle if the person who placed and operated the collection receptacle on the property fails to comply with subsection (e) of this Code section. (h) The person placing and operating the collection receptacle shall maintain such receptacle in a structurally sound, clean, and sanitary condition and regularly empty such receptacle at least every two weeks. Such person shall also be responsible for ensuring that no donations are present on the ground area surrounding the collection receptacle for a time period exceeding 48 hours. (i) Any owner or leaseholder of property who incurs expenses in removing or disposing of any collection receptacle or its contents following the expiration of the period referred to in paragraph (1) of subsection (f) of this Code section, or as a result of any violation of

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this Code section, may bring a civil action to recover actual damages. The action shall be brought in a court of competent jurisdiction in the county in which the collection receptacle was located, in the county in which the person who placed and operated the collection receptacle conducts, transacts, or has transacted business, or, if such person cannot be found in any of the foregoing locations, in the county in which such receptacle is located. (j) Any violation of this Code section shall constitute a misdemeanor."

SECTION 3. Said chapter is further amended by adding a new Code section to read as follows:
"43-17-8.2. (a) Notwithstanding any other provision of law to the contrary, any local governing authority which has collection receptacles located within its geographical boundaries shall be authorized to issue written notices of violations to both the property owner and the paid solicitor responsible for each collection receptacle at any time the immediate area surrounding such collection receptacle is not maintained in an orderly, clean, and sanitary manner. Notice shall be promptly sent to the property owner and the paid solicitor, with a copy to the charitable organization. The notice shall provide for a ten-day period from the date of the notice to remediate the violation and clean and maintain the area around such collection receptacle.
(b)(1) If the property owner, paid solicitor, or charitable organization responsible for the operation of a collection receptacle fails to comply with the notice in accordance with subsection (a) of this Code section three times in any calendar year, or, if the governing authority finds that the area surrounding such collection receptacle is a nuisance, the local governing authority shall be authorized to petition the superior court to issue an order requiring the removal of such collection receptacle from the geographical boundaries of the jurisdiction for a period of not less than three years. (2) The relief imposed by the superior court shall require the immediate removal of such collection receptacle at the cost of the property owner or paid solicitor responsible for it, or, alternatively, the charitable organization for which such collection receptacle was placed and the imposition of court costs. (3) If a collection receptacle is not removed within 30 days of the superior court's order, the local governing authority shall be authorized to remove such collection receptacle and seek reimbursement from the property owner, paid solicitor, or charitable organization for court costs and fees related to the removal of such collection receptacle."

SECTION 4. Said chapter is further amended by revising subparagraphs (a)(1)(A) and (a)(1)(B) of Code Section 43-17-13, relating to penalties, cease and desist orders, injunctions, restitution, appointment and powers of receiver, and subpoenas, as follows:

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"(A) Subject to notice and opportunity for hearing in accordance with Code Section 43-17-16, unless the right to notice is waived by the person against whom the sanction is imposed, the Secretary of State may:
(i) Issue a cease and desist order against any person; (ii) Censure the person if the person is registered as a paid solicitor; (iii) Bar or suspend the person from association with a paid solicitor or charitable organization; (iv) Issue an order against a paid solicitor who willfully violates this chapter, imposing a civil penalty up to a maximum of $2,500.00 for a single violation or up to $5,000.00 for multiple violations in a single proceeding or a series of related proceedings; or (v) Regarding any willful act, practice, or transaction, issue an order imposing a civil penalty up to a maximum of $250.00 against any person for a single violation or $500.00 for multiple violations in a single proceeding or a series of related proceedings; (B) Imposition of the sanctions under this paragraph is limited as follows: (i) If the Secretary of State revokes the registration of a charitable organization or paid solicitor or bars a person from association with a charitable organization or paid solicitor under subparagraph (A) of this paragraph, the imposition of that sanction precludes imposition of the sanctions specified in divisions (iv) and (v) of subparagraph (A) of this paragraph; and (ii) The imposition by the Secretary of State of one or more sanctions under this paragraph with respect to a specific violation precludes the Secretary of State from later imposing any other sanctions under this paragraph with respect to the violation; or"

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

Approved May 3, 2018.

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DOMESTIC RELATIONS SAFE PLACE FOR NEWBORNS; SIGNS.

No. 317 (House Bill No. 513).

AN ACT

To amend Chapter 10A of Title 19 of the Official Code of Georgia Annotated, relating to safe place for newborns, so as to provide for signs to be posted at certain medical facilities, fire stations, or police stations to indicate locations where a newborn child may be left such that the mother can avoid criminal prosecution; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 10A of Title 19 of the Official Code of Georgia Annotated, relating to safe place for newborns, is amended by adding a new Code section to read as follows:
"19-10A-8. The Department of Human Services shall develop standards for a sign that shall be posted at any medical facility, fire station, or police station to inform the general public that such facility is an authorized location to leave a newborn child as provided in this chapter. The Department of Human Services shall provide by rule and regulation for the size and type of such sign and where such sign should be located within or outside of such facility."

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

Approved May 3, 2018.

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RETIREMENT AND PENSIONS MAGISTRATES RETIREMENT FUND; SUSPENSION OF MEMBER UNDER CERTAIN CIRCUMSTANCES; ELECTIONS FOR DESIGNATED SURVIVOR'S BENEFITS; CONTINUATION OF BENEFITS.

No. 321 (House Bill No. 571).

AN ACT

To amend Chapter 25 of Title 47 of the Official Code of Georgia Annotated, relating to the Magistrates Retirement Fund, so as to provide that a member in arrears for dues payments for a period of 90 days shall be suspended from the fund and must apply for reinstatement; to provide for elections for designated survivor's benefits; to provide that certain retired members may become employed in a certain position and continue to receive benefits; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 25 of Title 47 of the Official Code of Georgia Annotated, relating to the Magistrates Retirement Fund, is amended in Article 3, relating to membership, by adding a new Code section to read as follows:
"47-25-43. (a) A member who is in arrears for the dues payment required by Code Section 47-25-41 for a period of 90 days shall become a suspended member on the ninetieth day of such arrearage. (b) A suspended member may apply for reinstatement as an active member only during the 30 day period beginning with his or her next full term of office, and such member shall not receive service credit for the period of time during which he or she was a suspended member."

SECTION 2. Said chapter is further amended in Article 5, relating to benefits, by adding a new Code section to read as follows:
"47-25-82.1. (a) In lieu of receiving the retirement benefits provided for in Code Sections 47-25-81 and 47-25-82, upon application for retirement, a member may elect in writing on a form to be prescribed by the board to receive:
(1) A 100 percent joint life annuity payable during the lives of a member and his or her designated survivor; or

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(2) A joint and survivor annuity that shall provide for 50 percent of the monthly retirement benefit amount that is paid to the member to be paid to his or her designated survivor following such member's death. (b) The amount of the retirement benefit payable under this Code section shall be: (1) Based on the member's age upon retirement; (2) Based on the age of the member's designated survivor upon the member's retirement; and (3) Computed so as to be actuarially equivalent to the total retirement benefit amount which would have been paid to the member under Code Sections 47-25-81 and 47-25-82. Such actuarial equivalent shall be computed on actuarial tables to be adopted by the board. (c)(1) A designated survivor shall be a person with whom the member has a familial relationship through blood, marriage, or adoption. (2) If a member is married at the time of such election, his or her spouse shall be the designated survivor unless another person is so designated with the written agreement of such spouse. (d) If a member makes an election provided in subsection (a) of this Code section in his or her application for retirement, after approval of the application for retirement, the following provisions shall apply:
(1)(A) If a member's designated survivor predeceases such member, he or she may, in writing on forms prescribed by the board and subject to approval by the board, revoke such election and thereafter receive during the member's lifetime a monthly retirement benefit commencing on the date the board approves such revocation, but not for any period prior to such approval. (B) Such monthly retirement benefit amount shall be equal to the maximum monthly benefit which would have been payable to such member had he or she not made such election. (2)(A) If there is entered a final judgment of divorce between a member and a designated survivor, such member may, in writing on forms prescribed by the board and subject to approval by the board, revoke such election and thereafter receive during the member's lifetime a monthly retirement benefit commencing on the date the board approves such revocation, but not for any period prior to such approval. (B) Such monthly retirement benefit amount shall be equal to the maximum monthly benefit which would have been payable to such member had he or she not made such election."

SECTION 3. Said chapter is further amended in Article 5, relating to benefits, by revising Code Section 47-25-86, relating to suspension of benefits if retired member becomes employed as full-time or part-time magistrate, as follows:

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"47-25-86. (a) If a retired member becomes employed as a chief magistrate, his or her retirement benefits shall be suspended during the period of time he or she holds such position, and upon cessation of such service, his or her prior retirement allowance shall be resumed. (b) If a retired member becomes employed as a chief magistrate, he or she may elect again to become a contributing member of the retirement system and be governed by the retirement provisions of this chapter."

SECTION 4. This Act shall become effective on July 1, 2018, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2018, as required by subsection (a) of Code Section 47-20-50.

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

Approved May 3, 2018.

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REVENUE AND TAXATION HOTEL/MOTEL TAX; REVISE CERTAIN SUNSET DATE.

No. 324 (House Bill No. 658).

AN ACT

To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise tax on rooms, lodgings, and accommodations, so as to remove the sunset date for the time during which a certain excise tax on rooms, lodgings, and accommodations may be collected; 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 48 of the Official Code of Georgia Annotated, relating to excise tax on rooms, lodgings, and accommodations, is amended by revising paragraph (5.1)

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of subsection (a) of Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, as follows:
"(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; 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, 2053, 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

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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' means 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 hall authority or a downtown development authority; and 'downtown development authority' means a downtown development authority created by local Act of the General Assembly for a municipality pursuant to a local constitutional amendment."

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

Approved May 3, 2018.

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SOCIAL SERVICES GEORGIA STATE COUNCIL ON INTERSTATE JUVENILE SUPERVISION; MEMBERSHIP.

No. 325 (House Bill No. 670).

AN ACT

To amend Chapter 4B of Title 49 of the Official Code of Georgia Annotated, relating to the Interstate Compact for Juveniles, so as to revise the number of legislative branch representatives on the Georgia State Council for Interstate Juvenile Supervision; to revise the appointing authorities for legislative representatives on such council; to provide for contingent effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 4B of Title 49 of the Official Code of Georgia Annotated, relating to the Interstate Compact for Juveniles, is amended by revising Code Section 49-4B-3, relating to role of Governor in implementation of compact and promulgation of rules and regulations by board, as follows:
"49-4B-3. With respect to the Interstate Compact for Juveniles set out in Code Section 49-4B-2:
(1) The Governor shall by executive order establish the initial composition, terms, and compensation of the Georgia State Council for Interstate Juvenile Supervision required by Article IX of that compact, with the Governor making the appointments to those positions; provided, however, that there shall be two representatives from the legislative branch of government and one representative from the judicial branch of government who shall be appointed as follows:
(A) The Speaker of the House of Representatives shall make one appointment of a legislative branch representative; (B) The President of the Senate shall make one appointment of a legislative branch representative; and (C) The Chief Justice of the Supreme Court shall make one appointment of a judicial branch representative; (2) The Governor shall by executive order establish the qualifications, term, and compensation of the compact administrator required by Article III of that compact, with the state council making the appointment of the compact administrator; (3) The Governor shall by executive order provide for any other matters necessary for implementation of the compact at the time that it becomes effective; and

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(4) Except as otherwise provided for in this Code section, the board may promulgate rules or regulations necessary to implement and administer the compact, subject to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"

SECTION 2. (a) If a legislative branch representative is appointed and serving on the Georgia State Council for Interstate Juvenile Supervision on June 30, 2018, then this Act shall become effective upon the termination of his or her term of service. (b) If a legislative branch representative has not been appointed and is not serving on such council on June 30, 2018, then this Act shall become effective on July 1, 2018.

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

Approved May 3, 2018.

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FIRE PROTECTION AND SAFETY FIREFIGHTERS; WAIVER OF CERTAIN EDUCATIONAL REQUIREMENTS; ACCEPTANCE OF MILITARY FIREFIGHTER TRAINING.

No. 327 (House Bill No. 699).

AN ACT

To amend Code Section 25-4-8 of the Official Code of Georgia Annotated, relating to qualifications of firefighters generally, so as to authorize the waiver of certain educational requirements; to amend Code Section 25-4-9 of the Official Code of Georgia Annotated, relating to basic firefighter training courses and transfer of certification, so as to provide that military firefighter training may be accepted as required basic training; 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 25-4-8 of the Official Code of Georgia Annotated, relating to qualifications of firefighters generally, is amended by revising paragraph (6) of subsection (a) as follows:
"(6) Possess or achieve within 12 months after employment a high school diploma or a general education development equivalency, provided that the council may by rule or regulation prescribe for the waiver of such requirement."

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SECTION 2. Code Section 25-4-9 of the Official Code of Georgia Annotated, relating to basic firefighter training courses and transfer of certification, is amended by revising subsection (a) as follows:
"(a)(1) Except as otherwise provided in paragraph (2) of this subsection, full-time, part-time, and volunteer firefighters, including airport firefighters, shall successfully complete a basic training course. The council shall determine the course content, number of hours, and all other matters relative to basic firefighter training, including airport rescue firefighter training. Upon satisfactory completion of such basic training, a firefighter shall be issued a certificate of completion evidencing the same. Each firefighter shall be required to successfully complete such basic training course within 12 months after being employed or appointed as a firefighter or, in the case of airport firefighters, within such time period as the council may prescribe by rule or regulation. (2) Each firefighter who presents to the council satisfactory documentation, as determined by the council, of his or her training as a member of the United States armed forces, the Georgia National Guard, or the Georgia Air National Guard shall be issued a certificate of completion by the council."

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

Approved May 3, 2018.

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EDUCATION SERVICE CANCELABLE LOANS; INCLUDE GRADUATE DEGREE PROGRAMS; REQUIREMENTS.

No. 328 (House Bill No. 700).

AN ACT

To amend Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to service cancelable loan fund and authorized types of service cancelable educational loans financed by state funds and issued by the Georgia Student Finance Authority, so as to include graduate degree programs; to require application for additional educational assistance programs; to implement a two-year service requirement; to correct references; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to service cancelable loan fund and authorized types of service cancelable educational loans financed by state funds and issued by the Georgia Student Finance Authority, is amended by revising paragraph (2) of subsection (b) as follows:
"(2) Georgia National Guard members. (A) The authority is authorized to make service cancelable educational loans to eligible members of the Georgia National Guard enrolled in a degree program at an eligible postsecondary institution, eligible private postsecondary institution, or eligible public postsecondary institution, as those terms are defined in Code Section 20-3-519. Members of the Georgia National Guard who are in good standing according to applicable regulations of the National Guard shall be eligible to apply for a loan. (B) Prior to making application for the service cancelable educational loan, an applicant shall complete a Free Application for Federal Student Aid and make application for all other available grants, scholarships, tuition assistance, and U.S. Department of Veterans Affairs educational benefits that have not been transferred to dependents. (C) Such loans shall be on the terms and conditions set by the authority in consultation with the Department of Defense, provided that any such loan, when combined with any other available grants, scholarships, tuition assistance, and U.S. Department of Veterans Affairs educational benefits, shall not exceed an amount equal to the actual tuition charged to the recipient for the period of enrollment in an educational institution or the highest undergraduate in-state tuition charged by a postsecondary institution governed by the board of regents for the period of enrollment at the postsecondary institution, whichever is less. A loan recipient shall be eligible to receive loan assistance provided for in this paragraph for not more than 120 semester hours of study. Educational loans may be made to full-time and part-time students. (D) Upon the recipient's attainment of a graduate degree from an institution or cessation of status as an active member of the Georgia National Guard, whichever occurs first, eligibility to apply for the loan provided by this paragraph shall be discontinued. (E) The loan provided by this paragraph shall be suspended by the authority for a recipient's failure to maintain good military standing as an active member for the period required in subparagraph (F) of this paragraph or failure to maintain sufficient academic standing and good academic progress and program pursuit. If the recipient fails to maintain good standing as an active member of the Georgia National Guard for the required period or fails to maintain sufficient academic standing and good academic progress and program pursuit, loans made under this paragraph shall be repayable in cash, with interest thereon.

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(F) Upon satisfactory completion of a quarter, semester, year, or other period of study as determined by the authority; graduation; termination of enrollment in school; or termination of this assistance with approval of the authority, the loan shall be canceled in consideration of the student's retaining membership in good standing in the Georgia National Guard for a period of two years following the last period of study for which the loan is applicable. This two-year service requirement may be waived by the adjutant general of Georgia for good cause according to applicable regulations of the Georgia National Guard. (G) The adjutant general of Georgia shall certify eligibility and termination of eligibility of students for educational loans and eligibility for cancellation of educational loans by members of the Georgia National Guard in accordance with regulations of the authority;"

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

Approved May 3, 2018.

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PUBLIC OFFICERS AND EMPLOYEES TESTING FOR OPIOIDS.

No. 329 (House Bill No. 701).

AN ACT

To amend Code Section 45-20-110, relating to definitions for drug testing for state employment, so as to allow for testing for all forms of opioids; 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 45-20-110, relating to definitions for drug testing for state employment, is amended by revising paragraph (3) as follows:
"(3) 'Illegal drug' means marijuana/cannabinoids (THC), cocaine, amphetamines/methamphetamines, opiates, opioids, opioid analgesics, opioid derivatives, or phencyclidine (PCP). Such term shall not include any drug when used pursuant to a valid prescription or when used as otherwise authorized by state or federal law."

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

Approved May 3, 2018.

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

No. 330 (House Bill No. 714).

AN ACT

To amend 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, 2018."

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

Approved May 3, 2018.

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MOTOR VEHICLES AND TRAFFIC OPERATIONAL RULES FOR AUTONOMOUS VEHICLES; APPLICABILITY OF CERTAIN CONSUMER PROTECTION LAWS.

No. 331 (House Bill No. 717).

AN ACT

To amend Code Section 40-8-11 of the Official Code of Georgia Annotated, relating to operational rules for autonomous vehicles, so as to provide for the applicability of certain consumer protection laws to autonomous 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 40-8-11 of the Official Code of Georgia Annotated, relating to operational rules for autonomous vehicles, is amended by adding a new subsection to read as follows:
"(d) No provision of this Code section shall be construed to limit the applicability of state consumer protection laws, including Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' Article 22 of Chapter 1 of Title 10, the 'Georgia Motor Vehicle Franchise Practices Act,' and Article 28 of Chapter 1 of Title 10, the 'Georgia Lemon Law.'"

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

Approved May 3, 2018.

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EDUCATION EXCUSED ABSENCES FOR STUDENTS WHOSE PARENTS ARE IN SERVICE OF ARMED FORCES OF THE UNITED STATES, THE RESERVES, OR THE NATIONAL GUARD OR VETERANS.

No. 332 (House Bill No. 718).

AN ACT

To amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance, so as to excuse certain absences of students with parents in service of the armed forces of the United States, the Reserves, or the National Guard or veterans of same; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance, is amended by revising Code Section 20-2-692.1, relating to excused absences for days missed to visit with parent or legal guardian in the military prior to deployment or while on leave, as follows:
"20-2-692.1. (a) A student whose parent or legal guardian is in military service in the armed forces of the United States or the National Guard, and such parent or legal guardian has been called to duty for or is on leave from overseas deployment to a combat zone or combat support posting, shall be granted excused absences, up to a maximum of five school days per school year, for the day or days missed from school to visit with his or her parent or legal guardian prior to such parent's or legal guardian's deployment or during such parent's or legal guardian's leave. (b) A student whose parent or legal guardian is currently serving or previously served on active duty in the armed forces of the United States, in the Reserves of the armed forces of the United States on extended active duty, or in the National Guard on extended active duty may be granted excused absences, up to a maximum of five school days per school year, not to exceed two school years, for the day or days missed from school to attend military affairs sponsored events, provided the student provides documentation prior to absence from:
(1) A provider of care at or sponsored by a medical facility of the United States Department of Veterans Affairs; or (2) An event sponsored by a corporation exempt from taxation under Section 501(c)(19) of the Internal Revenue Code.

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(c) Nothing in this Code section shall be construed to require a local school system to revise any policies relating to maximum number of excused and unexcused absences for any purposes."

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

Approved May 3, 2018.

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REVENUE AND TAXATION STATE AD VALOREM TAX; REPEAL; INTANGIBLE
RECORDING TAX; CLARIFY.

No. 334 (House Bill No. 729).

AN ACT

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to repeal certain provisions relating to state ad valorem tax; to clarify a certain provision regarding the application of the intangible recording tax; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating revenue and taxation, is amended by repealing Code Section 48-5-8, relating to the manner and time of making the state ad valorem tax levy, as follows:
"48-5-8. Reserved."

SECTION 2. Said title is further amended by revising subsection (a) of Code Section 48-6-65, relating to the extension, transfer, assignment, modification, or renewal of certain instruments, as follows:
"(a) No tax other than as provided for in this article shall be required to be paid on any instrument which is an extension, transfer, assignment, modification, or renewal of, or which only adds additional security for, any original indebtedness or part of original

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indebtedness secured by an instrument subject to the tax imposed by Code Section 48-6-61 when:
(1) It affirmatively appears that the tax as provided by this article has been paid on the original security instrument recorded; provided, however, that the tax required by Code Section 48-6-61 shall be due on any portion of the instrument which is an additional advance of indebtedness secured by a previously recorded instrument, without regard to whether the original security instrument has been assigned; or (2) The original instrument or the holder of the original instrument was exempt from the tax provided for in Code Section 48-6-61 by virtue of any other law."

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

Approved May 3, 2018.

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INSURANCE CANCELLATION AND NONRENEWAL OF CERTAIN AUTOMOBILE AND PROPERTY INSURANCE POLICIES; DEFINITIONS; CLARIFY APPLICABILITY.

No. 336 (House Bill No. 760).

AN ACT

To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to revise certain definitions; to clarify renewal, nonrenewal, and reduction in coverage applicability of certain automobile policies and property insurance; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended in Code Section 33-24-45, relating to cancellation or nonrenewal of automobile or motorcycle policies and procedure for review by the Commissioner, by revising paragraph (2) of and adding a new paragraph in subsection (b) and by revising subsection (f) as follows:
"(2) 'Renewal' means issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer or issuance and delivery of a certificate or notice extending the term of a policy beyond its

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policy period or term or the extension of the term of a policy beyond its policy period or term pursuant to a provision for extending the policy by payment of a continuation premium; provided, however, that any policy with a policy period or term of less than six months shall, for the purpose of this Code section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premium shall be a cancellation subject to this Code section, except in case of termination under any of the circumstances specified in subsection (f) of this Code section; provided, further, that, for purposes of this Code section, any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year and any termination by an insurer effective on an anniversary date of the policy shall be deemed a refusal to renew. (3) 'Reduction in coverage' shall mean a change made by the insurer which results in a removal of coverage, diminution in scope or less coverage, or the addition of an exclusion. Reduction in coverage shall not include any change, reduction, or elimination of coverage made at the request of the insured. The correction of typographical or scrivener's errors or the application of mandated legislative changes shall not be considered a reduction in coverage." "(f) Subsection (e) of this Code section shall not apply in case of: (1) Nonpayment of premium for the expiring policy; (2) Failure of the insured to pay the premium as required by the insurer for renewal; (3) The insurer having manifested its willingness to renew by delivering a renewal policy, renewal certificate, or other evidence of renewal to the named insured or his or her representative or by offering to issue a renewal policy, certificate, or other evidence of renewal or having manifested such intention by any other means; or (4) A reduction in coverage where an insurer provides a written notice of a reduction in coverage to the named insured or his or her representative no less than 30 days prior to the effective date of the proposed reduction in coverage; provided that such notice shall be printed in all capital letters in a separate document entitled 'NOTICE OF REDUCTION IN COVERAGE.' Such notice shall be delivered as provided in subsection (d) of Code Section 33-24-14, in person, or by depositing the notice in the United States mail to be dispatched by at least first-class mail to the last address of record of the insured and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service."

SECTION 2. Said chapter is further amended in Code Section 33-24-46, relating to cancellation or nonrenewal of certain property insurance policies, by revising paragraphs (2) and (4) of and adding a new paragraph in subsection (b) and by revising subsection (d) as follows:

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"(2) 'Nonrenewal' or 'nonrenewed' means a refusal by an insurer or an affiliate of an insurer to renew. Failure of an insured to pay the premium as required of the insured for renewal, a change in policy terms, or a reduction in coverage after the insurer has manifested a willingness to renew by delivering a renewal policy, renewal certificate, or other evidence of renewal to the named insured or his or her representative or has offered to issue a renewal policy, certificate, or other evidence of renewal or has manifested such intention by any other means shall not be construed to be a nonrenewal." "(4) 'Renewal' means issuance and delivery by an insurer or an affiliate of such insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer or issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term or the extension of the term of a policy beyond its policy period or term pursuant to a provision for extending the policy by payment of a continuation premium. Any policy with a policy period or term of less than six months shall, for the purposes of this Code section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premiums shall be a cancellation subject to this Code section. Any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year and any termination by an insurer effective on an anniversary date of such policy shall be deemed a refusal to renew. (5) 'Reduction in coverage' means a change made by the insurer which results in a removal of coverage, diminution in scope or less coverage, or the addition of an exclusion. Reduction in coverage shall not include any change, reduction, or elimination of coverage made at the request of the insured. The correction of typographical or scrivener's errors or the application of mandated legislative changes shall not be considered a reduction in coverage." "(d)(1) No insurer shall refuse to renew a policy to which this Code section applies unless a written notice of nonrenewal is mailed or delivered in person to the named insured. Such notice stating the time when nonrenewal will be effective, which shall not be less than 30 days from the date of mailing or delivery of such notice of nonrenewal or such longer period as may be provided in the contract or by statute, shall be delivered as provided in subsection (d) of Code Section 33-24-14, in person, or by depositing the notice in the United States mail to be dispatched by at least first-class mail to the last address of record of the insured and of the lienholder, where applicable, and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service. The insurer shall provide the reason or reasons for nonrenewal as required by Chapter 39 of this title. (2) An insurer shall provide a written notice of a reduction in coverage to the named insured no less than 30 days prior to the effective date of the proposed reduction in coverage; provided that such notice shall be printed in all capital letters in a separate document entitled 'NOTICE OF REDUCTION IN COVERAGE.' Such notice shall be

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delivered as provided in subsection (d) of Code Section 33-24-14, in person, or by depositing the notice in the United States mail to be dispatched by at least first-class mail to the last address of record of the insured and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service."

SECTION 3. Said chapter is further amended in Code Section 33-24-47, relating to notice required of termination or nonrenewal, increase in premium rates, or change restricting coverage and failure of insurer to comply, by revising subsection (b) and adding a new subsection to read as follows:
"(b) A notice of termination, including a notice of cancellation or nonrenewal, by the insurer or a notice of an increase in premiums, other than an increase in premiums due to a change in risk or exposure, including a change in experience modification or resulting from an audit of auditable coverages, which exceeds 15 percent of the current policy's premium, shall be delivered to the insured as provided in subsection (d) of Code Section 33-24-14, in person, or by depositing the notice in the United States mail, to be dispatched by at least first-class mail to the last address of record of the insured, at least 45 days prior to the termination date of such policy; provided, however, that a notice of cancellation or nonrenewal of a policy of workers' compensation insurance shall be controlled by the provisions of subsection (f) of this Code section. In those instances where an increase in premium exceeds 15 percent, the notice to the insured shall indicate the dollar amount of the increase. The insurer may obtain a receipt provided by the United States Postal Service as evidence of mailing such notice or such other evidence of mailing as prescribed or accepted by the United States Postal Service." "(g) An insurer shall provide a written notice of a reduction in coverage to the named insured no less than 45 days prior to the effective date of the proposed reduction in coverage; provided that such notice shall be printed in all capital letters in a separate document entitled 'NOTICE OF REDUCTION IN COVERAGE.' Such notice shall be delivered to the insured as provided in subsection (d) of Code Section 33-24-14, in person, or by depositing the notice in the United States mail, to be dispatched by at least first-class mail to the last address of record of the insured. A reduction in coverage shall mean a change made by the insurer which results in a removal of coverage, diminution in scope or less coverage, or the addition of an exclusion. Reduction in coverage shall not include any change, reduction, or elimination of coverage made at the request of the insured. The correction of typographical or scrivener's errors or the application of mandated legislative changes shall not be considered a reduction in coverage."

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

Approved May 3, 2018.

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BANKING AND FINANCE COMPREHENSIVE REVISIONS.

No. 339 (House Bill No. 780).

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 numerous changes to provisions applicable to the Department of Banking and Finance and financial institutions generally, banks and trust companies, credit unions, licensed sellers of payment instruments, those licensed to cash payment instruments, and mortgage lenders and mortgage brokers; to provide for power of the commissioner to issue orders relative to state chartered financial institutions to exercise rights and powers authorized by federal law but not authorized under state law; to provide for delivery method of required notices; to provide for the removal of officers, directors, or employees of financial institutions by the department; to provide for powers of banks; to provide for financial structure, management, merger, consolidations, and interstate acquisitions of banks and trust companies; to provide for a process by which state chartered banks and credit unions may exercise rights and powers authorized solely under federal law; to provide for operation and regulation of credit unions; to provide for the sale of payment instruments; to provide for the cashing of payment instruments; to provide for the licensing of mortgage lenders and mortgage brokers; to provide for related matters; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended in Code Section 7-1-6, relating to notices and waivers of notices, by revising paragraph (1) as follows:
"(1) Any notice required to be given under this chapter may be delivered in person or by first-class mail or statutory overnight delivery to the last known address of the person or corporation or to the registered office of the corporation. If the notice is sent by first-class mail or statutory overnight delivery, it shall be deemed to have been given

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when deposited in the United States mail or with a commercial firm regularly engaged in the business of document delivery;"

SECTION 2. Said chapter is further amended in Code Section 7-1-61.1, relating to expansion of power for banks and credit unions and role of commissioner, by revising subsection (b) and adding a new subsection to read as follows:
"(b) To provide parity with financial institutions whose deposits are federally insured, the commissioner may, by specific order directed to a category of banks or credit unions, grant any power conferred upon a financial institution, subject to the supervision of the federal government, to:
(1) State chartered banks and credit unions to enable such banks and credit unions to compete; and (2) Subsidiaries of state chartered banks and credit unions to the same extent powers are granted to subsidiaries of national banks or federal credit unions to enable such subsidiaries of state chartered banks and credit unions to compete." "(d) No later than ten days after the issuance of any order by the commissioner pursuant to this Code section, the commissioner shall provide a copy of such order to the chairpersons of the House Committee on Banks and Banking and Senate Banking and Financial Institutions Committee."

SECTION 3. Said chapter is further amended in Code Section 7-1-71, relating to removal of officers, directors, or employees, by revising subsection (b) as follows:
"(b) A prohibition order, which prohibits an individual from participating in any capacity in the affairs of a financial institution, may be issued by the commissioner in connection with a suspension order issued under the authority of this Code section. Such prohibition order may provide that if an officer, director, or employee has been removed from office temporarily or permanently at a financial institution, he or she may also be prohibited from participating in any manner in the conduct of the affairs of any financial institution or any financial institution's affiliate regulated by the department during the time the prohibition order is in effect."

SECTION 4. Said chapter is further amended in Code Section 7-1-243, relating to restrictions on banking and trust nomenclature, by revising subsection (a.1) as follows:
"(a.1) Except as provided in subsection (c) of this Code section, no person or corporation except a credit union or a federal credit union or a subsidiary of such credit union or federal credit union shall use the words 'credit union,' or any other similar name indicating that the business done is that of a credit union upon any sign at its place of business or elsewhere,

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or upon any of its letterheads, billheads, blank checks, blank notes, receipts, certificates, circulars, advertisements, or any other written or printed matter."

SECTION 5. Said chapter is further amended in Code Section 7-1-285, relating to limits on obligations of one person or corporation, by revising paragraph (1) of subsection (c) as follows:
"(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; (C) Any state of the United States or any public body thereof if the obligations or guarantees are general obligations; or (D) Any agency of this state as defined in subparagraph (a)(1)(A) of Code Section 50-14-1;"

SECTION 6. Said chapter is further amended by adding a new Code section to read as follows:
"7-1-296. (a) For purposes of this Code section, the term 'federal power' means any banking or corporate power, right, benefit, privilege, or immunity of a national bank, the deposits of which are federally insured, that may be exercised by a national bank doing business in this state pursuant to the National Bank Act, 12 U.S.C. Section 1, et seq.; any other federal statute; or any regulation, ruling, circular, bulletin, order, or interpretation issued by the Office of the Comptroller of the Currency. Such term shall include only the provisions set forth above which were effective on January 1, 2018. (b) Notwithstanding any other provisions of law, a bank may exercise any federal power while a national bank may also exercise such power subject to the same limitations and restrictions as are applicable to national banks, provided that the requirements of subsection (d) of this Code section have been satisfied. Nothing in this subsection shall be construed as authorizing a bank chartered by this state to exercise a federal power prior to compliance with subsection (d) of this Code section. (c) Notwithstanding any other provisions of law, to the extent the National Bank Act, 12 U.S.C. Section 1, et seq., or any other federal law or regulation in effect on January 1, 2018, precludes or preempts or has been determined to preclude or preempt the application of any provision of law, rule, or regulation of this state, as to any national bank doing business in this state, a bank may also exercise such power authorized by the preclusion or preemption subject to the same limitations and restrictions as are applicable to a national bank, provided that the requirements of subsection (d) of this Code section have been satisfied. Nothing in this subsection shall be construed as authorizing a bank chartered by this state to exercise a federal power prior to compliance with subsection (d) of this Code section.

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(d) In furtherance of the commissioner's statutory duties to regulate, supervise, and examine, a bank shall notify the commissioner in writing by certified or registered mail that, pursuant to subsection (b) or (c) of this Code section, it intends to exercise a federal power or to avail itself of any federal preclusion or preemption of any provision of law, rule, or regulation of this state. Such notice shall include the specific federal authorization of the activity to be utilized, the proposed action to be undertaken by the bank, documentation indicating that the bank satisfies the prescribed federal standards, if any, to engage in the activity, and such other information as may be required by the department. Upon receipt of such notice, the commissioner shall determine whether the exercise of any federal power or the availing of any federal preclusion or preemption, or any part thereof, by the bank is inconsistent with the purposes of this chapter or presents undue risk to the safety and soundness of the banking system. In making such a determination, the commissioner shall consider the financial condition of the bank, the regulatory safety and soundness ratings of the bank, the ability of bank management to administer and supervise the activity, and the overall impact on the safety and soundness to all other state chartered banks. Based on such a determination, the commissioner may object to the exercise of the federal power, in whole or in part, or to the federal preclusion or preemption of the law, rule, or regulation of this state, in whole or in part, including objecting to a level or quantity above which a bank may be seeking to exercise a federal power or availing itself of any federal preclusion or preemption of law, rule, or regulation of this state. If the commissioner so objects, the commissioner shall deliver such objection in writing by certified or registered mail to the bank within 45 days of receipt of the notice; provided, however, that the commissioner may extend such period of review for an additional 45 days by providing the bank with written notice of such extension prior to the expiration of the initial notice period. If the commissioner sends such an objection, the federal power, preclusion, or preemption, or the part thereof, objected to by the commissioner shall not be exercised by the bank pursuant to subsections (b) and (c) of this Code section. The objection by the commissioner of a bank's intent to exercise a federal power or avail itself of any federal preclusion or preemption shall not preclude such bank from providing notice to the department of its intent to exercise the same federal power or to avail itself of the same federal preclusion or preemption at a later date; provided, however, that the requirements of this subsection shall be applicable for any such additional notice. Further, in the event a bank determines, after satisfying the notice provisions of this subsection, that it no longer wishes to exercise a federal power or avail itself of any federal preclusion or preemption, then such bank shall provide written notice of such fact to the commissioner by certified or registered mail. (e) Notwithstanding the provisions of Code Section 7-1-70, the department shall publish information stating the federal powers that are being exercised or federal preemptions or preclusions that are being utilized by each bank. All other information related to the notices or objections provided under subsection (d) of this Code section are governed by Code Section 7-1-70.

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(f) Notwithstanding any other provisions of law, a bank may exercise any power that was granted through an order or ruling declared by the commissioner on or before January 1, 2018, pursuant to the current or former provisions of Code Section 7-1-61, 7-1-61.1, or 7-6A-12 and which has not been rescinded or withdrawn. (g) Any federal power or activity authorized and exercised or conducted pursuant to this Code section shall be independent from, and in addition to, any other powers granted to banks under applicable laws of this state or rules or regulations promulgated thereunder. The express and incidental powers granted to banks under the Official Code of Georgia Annotated are not limited or otherwise restricted by this Code section. (h) Nothing in this Code section shall be construed as limiting the commissioner's authority conferred by this chapter, including the powers granted under Code Sections 7-1-61 and 7-1-61.1. (i) Nothing in this Code section shall be construed as authorizing the imposition of interest rates by a bank in excess of those authorized by Chapter 4 of this title nor shall any provision of this Code section be construed as permitting a bank to make loans in violation of Chapter 17 of Title 16."

SECTION 7. Said chapter is further amended in Code Section 7-1-414, relating to purchase, redemption, and convertibility of shares and debt securities, by revising subsection (c) as follows:
"(c) With the written approval of the department and a resolution of the board of directors, a bank or trust company may acquire issued shares of its own common stock, which will then be considered treasury shares. The department shall consider whether the acquisition has a legitimate corporate purpose, whether any capital impairment would result, and whether the price of the shares reflects fair market value."

SECTION 8. Said chapter is further amended in Code Section 7-1-484, relating to oath of directors of banks and trust companies and liability of persons who have not subscribed to such oath, by adding a new subsection to read as follows:
"(c) The oath shall not modify in any manner the legal duties of or the standard of care for directors in the exercise of such duties."

SECTION 9. Said chapter is further amended in Code Section 7-1-493, relating to actions against directors and officers of banks and trust companies, by revising subsections (a) and (e) as follows:
"(a) An action may be brought by any of the persons named in subsection (b) of this Code section against one or more directors or officers of a bank or trust company to procure for the benefit of the bank or trust company a judgment for the following relief:
(1) To compel the defendant to account for his or her official conduct, or to decree any other relief called for by his or her official conduct, in the following cases:

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(A) The neglect of, failure to perform, or other violation of his or her duties in the management of the bank or trust company or in the disposition of corporate assets committed to his or her charge; (B) The acquisition by himself or herself, transfer to others, loss, or waste of corporate assets due to any neglect of, failure to perform, or other violation of his or her duties; (C) The appropriation, in violation of his or her duties, of any business opportunity of the bank or trust company; (2) To enjoin a proposed unlawful conveyance, assignment, or transfer of corporate assets or other unlawful corporate transaction, where there is sufficient evidence that it will be made; (3) To set aside an unlawful conveyance, assignment, or transfer of corporate assets, where the transferee knew of its unlawfulness and is made a party to the action." "(e) Notwithstanding the foregoing, a bank or trust company may provide in its articles of incorporation for the elimination or limitation of the personal liability of a director to the bank or trust company or its shareholders to the same extent as a business corporation incorporated under the provisions of Chapter 2 of Title 14."

SECTION 10. Said chapter is further amended in Code Section 7-1-531, relating to requirements for merger, share exchange, or consolidation plan of state banks and trust companies and modification of plan, by revising paragraphs (2) and (3) of subsection (a) as follows:
"(2) Adoption of the plan by each party thereto shall require the affirmative vote of at least:
(A) A majority of the directors; and (B) Unless the article or bylaws require a greater vote, the shareholders entitled to cast a majority of the votes which all shareholders are entitled to cast thereon and, if any class of shares is entitled to vote thereon as a class, the holders of a majority of the outstanding shares of such class, at a meeting of shareholders; provided, however, that approval from the shareholders of the surviving bank or trust company is not required if the conditions set forth in subsection (h) of Code Section 14-2-1103 are satisfied. (3) Whenever a meeting of shareholders is called for the purpose of taking action on a plan, the notice for such meeting shall include a copy or summary of the plan and a full statement of the rights and remedies of dissenting shareholders, the method of exercising them, and the limitations on such rights and remedies."

SECTION 11. Said chapter is further amended in Code Section 7-1-590, relating to definitions relative to representative offices and registration of banks and trust companies, by revising paragraph (4) as follows:

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"(4) 'Representative office' is an office established by a bank, a bank holding company, or an agent or subsidiary of either for the purpose of conducting business activities other than a banking business. It shall not be considered to be a branch office or main office."

SECTION 12. Said chapter is further amended in Code Section 7-1-625, relating to provisions applicable to, and qualifications of, bank holding companies in this state, reciprocal agreements, and confidentiality reports, by revising subsection (b) as follows:
"(b) Any bank holding company that has a bank subsidiary with banking offices in Georgia that is not otherwise organized under the laws of this state or qualified to do business in this state shall qualify to do business in this state as a foreign corporation. Such bank holding company shall agree to be bound by all the provisions of Code Sections 7-1-605 through 7-1-612 and by the provisions of this part. Any bank holding company having a Georgia bank subsidiary shall promptly advise the department of any changes in its registered office and agent."

SECTION 13. Said chapter is further amended in Code Section 7-1-650, relating to powers of credit unions, by revising paragraphs (11) and (12) and adding a new paragraph to read as follows:
"(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; (12) Provide, in its articles of incorporation approved by a majority of its membership present and voting, for the elimination or limitation of personal liability of a director to the credit union or its 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; and (13) Subject to any rules and regulations enacted by the department and in compliance with federal law and applicable provisions regarding insurable interests in Chapter 24 of Title 33, purchase, hold, or fund insurance on the life of any of its directors, officers, or employees, or any other person whose death might cause financial loss to the credit union, or, pursuant to any contract lawfully obligating the credit union as guarantor or surety, on the life of the principal obligor."

SECTION 14. Said chapter is further amended in Code Section 7-1-655, relating to a credit union's board of directors, credit and supervisory committees, officers, oaths of officials, removal from office, suspension of member, filling of vacancies, notification to department of change in president or chief executive officer, by revising subsection (f) as follows:

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"(f) All members of the board and all officers and committee members shall be sworn to perform faithfully the duties of their several offices in accordance with this chapter and the bylaws or as otherwise lawfully established. The oaths shall be subscribed in writing and a copy thereof shall be retained in the minutes of the meetings of the board. The oaths shall not modify in any manner the legal duties of or the standard of care for members and officers in the exercise of such duties."

SECTION 15. Said chapter is further amended in Code Section 7-1-656, relating to duties of directors of credit unions, meetings, prohibited activities, eligibility to vote, and applicability of Code Section 7-1-490, by adding a new subsection to read as follows:
"(f) The board of directors may appoint an individual as an honorary director or director emeritus or member of an advisory board. An individual so appointed may be compensated but shall not vote at any meeting of the board of directors or be counted in determining a quorum and shall not have any responsibility for or be subject to any liability imposed upon a director or otherwise be deemed a director."

SECTION 16. Said chapter is further amended in Code Section 7-1-658, relating to loans of a credit union, by revising subsection (c) as follows:
"(c) Loans may be made to officers, directors, and committee members of the credit union under the same general terms and conditions as to other members of the credit union; provided, however, that no officer, director, committee member, or employee shall participate in approving any loan in which he or she has a direct or indirect financial interest. The approval of all loans to officers, directors, and committee members of the credit union shall be reported to the board of directors at its next meeting."

SECTION 17. Said chapter is further amended by adding a new Code section to read as follows:
"7-1-671. (a) For purposes of this Code section, the term 'federal power' means any banking or corporate power, right, benefit, privilege, or immunity of a federal credit union, the deposits of which are federally insured, that may be exercised by a federal credit union doing business in this state pursuant to the Federal Credit Union Act, 12 U.S.C. Section 1751, et seq.; any other federal statute; or any regulation, ruling, circular, bulletin, order, or interpretation issued by the National Credit Union Administration. Such term shall include only the provisions set forth above which were effective on January 1, 2018. (b) Notwithstanding any other provisions of law, a credit union may exercise any federal power while a federal credit union may also exercise such power subject to the same limitations and restrictions as are applicable to federal credit unions, provided that the requirements of subsection (d) of this Code section have been satisfied. Nothing in this

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subsection shall be construed as authorizing a credit union incorporated or organized in this state to exercise a federal power prior to compliance with subsection (d) of this Code section. (c) Notwithstanding any other provisions of law, to the extent the Federal Credit Union Act, 12 U.S.C. Section 1751, et seq., or any other federal law or regulation in effect on January 1, 2018, precludes or preempts or has been determined to preclude or preempt the application of any provision of law, rule, or regulation of this state as to any federal credit union doing business in this state, a credit union may also exercise such power authorized by the preclusion or preemption subject to the same limitations and restrictions as are applicable to a federal credit union, provided that the requirements of subsection (d) of this Code section have been satisfied. Nothing in this subsection shall be construed as authorizing a credit union incorporated or organized in this state to exercise a federal power prior to compliance with subsection (d) of this Code section. (d) In furtherance of the commissioner's statutory duties to regulate, supervise, and examine, a credit union shall notify the commissioner in writing by certified or registered mail that, pursuant to subsection (b) or (c) of this Code section, it intends to exercise a federal power or to avail itself of any federal preclusion or preemption of any provision of law, rule, or regulation of this state. Such notice shall include the specific federal authorization of the activity to be utilized, the proposed action to be undertaken by the credit union, documentation indicating that the credit union satisfies the prescribed federal standards, if any, to engage in the activity, and such other information as may be required by the department. Upon receipt of such notice, the commissioner shall determine whether the exercise of any federal power or the availing of any federal preclusion or preemption, or any part thereof, by the credit union is inconsistent with the purposes of this chapter or presents undue risk to the safety and soundness of the banking system. In making such a determination, the commissioner shall consider the financial condition of the credit union, the regulatory safety and soundness ratings of the credit union, the ability of credit union management to administer and supervise the activity, and the overall impact on the safety and soundness to all other state chartered credit unions. Based on such a determination, the commissioner may object to the exercise of the federal power, in whole or in part, or to the federal preclusion or preemption of the law, rule, or regulation of this state, in whole or in part, including objecting to a level or quantity above which a credit union may be seeking to exercise a federal power or availing itself of any federal preclusion or preemption of law, rule, or regulation of this state. If the commissioner so objects, the commissioner shall deliver such objection in writing by certified or registered mail to the credit union within 45 days of receipt of the notice; provided, however, that the commissioner may extend such period of review for an additional 45 days by providing the credit union with written notice of such extension prior to the expiration of the initial notice period. If the commissioner sends such an objection, the federal power, preclusion, or preemption, or the part thereof, objected to by the commissioner shall not be exercised by the credit union pursuant to subsections (b) and (c) of this Code section. The objection by the commissioner of a credit

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union's intent to exercise a federal power or avail itself of any federal preclusion or preemption shall not preclude such credit union from providing notice to the department of its intent to exercise the same federal power or to avail itself of the same federal preclusion or preemption at a later date; provided, however, that the requirements of this subsection shall be applicable for any such additional notice. Further, in the event a credit union determines, after satisfying the notice provisions of this subsection, that it no longer wishes to exercise a federal power or avail itself of any federal preclusion or preemption, then such credit union shall provide written notice of such fact to the commissioner by certified or registered mail. (e) Notwithstanding the provisions of Code Section 7-1-70, the department shall publish information stating the federal powers that are being exercised or federal preclusions or preemptions that are being utilized by each credit union. All other information related to the notices or objections provided under subsection (d) of this Code section are governed by Code Section 7-1-70. (f) Notwithstanding any other provisions of law, a credit union may exercise any power that was granted through an order or ruling declared by the commissioner on or before January 1, 2018, pursuant to the current or former provisions of Code Section 7-1-61, 7-1-61.1, or 7-6A-12 and which has not been rescinded or withdrawn. (g) Any federal power or activity authorized and exercised or conducted pursuant to this Code section shall be independent from, and in addition to, any other powers granted to credit unions under applicable laws of this state or rules or regulations promulgated thereunder. The express and incidental powers granted to credit unions under the Official Code of Georgia Annotated are not limited or otherwise restricted by this Code section. (h) Nothing in this Code section shall be construed as limiting the commissioner's authority conferred by this chapter, including the powers granted under Code Sections 7-1-61 and 7-1-61.1. (i) Nothing in this Code section shall be construed as authorizing the imposition of interest rates by a credit union in excess of those authorized by Chapter 4 of this title nor shall any provision of this Code section be construed as permitting a credit union to make loans in violation of Chapter 17 of Title 16."

SECTION 18. 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 relative to the sale of payment instruments, by revising subsection (a) and adding a new subsection to read as follows:
"(a) A licensee shall give written notice to the department by registered or certified mail of any action which may be brought against it by any creditor or claimant where such action relates to the activities authorized under this article or involves a claim against the bond filed with the department under Code Section 7-1-683.2. The notice shall provide details sufficient to identify the action and shall be sent within 30 days after the

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commencement of any such action. The licensee shall also give notice to the department by registered or certified mail within 30 days of the entry of any judgment entered against the licensee." "(e) Unless prior approval of a change in executive officer is required under Code Section 7-1-688 and notwithstanding subsection (e) of Code Section 7-1-684 requiring a criminal background check prior to the initial date of hire, a licensee shall notify the department in writing of any change of executive officer in such a manner that the notice is received by the department no later than ten business days after the effective date of the change. In the event of such change, the licensee shall initiate a criminal background check no later than ten business days after the effective date of the change."

SECTION 19. Said chapter is further amended by revising Code Section 7-1-688, relating to approval required of new ultimate equitable owner, other change of control, or executive officer of licensee and denial of application relative to sellers of payment instruments, as follows:
"7-1-688. (a) Except as provided in this Code section, no person shall become an ultimate equitable owner of any licensee through acquisition or other change in control or become an executive officer of a licensee as a result of such acquisition or other change in control unless the person has first received written approval for such acquisition, change in control, or designation as an executive officer from the department. In order to obtain such approval, such person shall:
(1) File an application with the department in such form as the department may prescribe from time to time; (2) Provide such other information as the department may require concerning the financial responsibility, background, experience, and activities of the applicant, its directors and executive officers, if a corporation, and its members, if applicable, and of any proposed new directors, executive officers, members, or ultimate equitable owners of the licensee; and (3) Pay such application fee as the department may prescribe. (b) The department may prescribe additional requirements for approval of such acquisition, change in control, or designation as an executive officer as a result of such acquisition or other change in control through rules and regulations. (c) If the application is denied, the department shall notify the applicant of the denial and the reasons for the denial."

SECTION 20. Said chapter is further amended in Code Section 7-1-689, relating to record-keeping requirements, investigations and examinations by department, department subpoena power, confidentiality requirements, and limitations on civil liability relative to sellers of payment instruments, by revising subsection (l) as follows:

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"(l) Examinations and investigations conducted under this article and information obtained by the department in the course of its duties under this article are confidential, except as provided in this subsection, pursuant to the provisions of Code Section 7-1-70. In addition to the exceptions set forth in subsection (b) of Code Section 7-1-70, the department is authorized to share information obtained under this article with other state and federal regulatory agencies or law enforcement authorities. In the case of such sharing, the safeguards to confidentiality already in place within such agencies or authorities shall be deemed adequate. The commissioner or an examiner specifically designated may disclose such information as is necessary to conduct a civil or administrative investigation or proceeding. Information contained in the records of the department that is not confidential and may be made available to the public either on the department's website, upon receipt by the department of a written request, or in the Nation-wide Multistate Licensing System and Registry shall include:
(1) The name, business address, and telephone, facsimile, and license numbers of a licensee; (2) The names and titles of the principal officers; (3) The name of the owner or owners thereof; (4) The business address of a licensee's registered agent for service; (5) The name, business address, telephone number, and facsimile number of all locations of a licensee; (6) The name, business address, telephone number, and facsimile number of all authorized agents; (7) The terms of or a copy of any bond filed by a licensee; (8) Information concerning any violation of this article, any rule or regulation, or order issued under this article, provided that the information is derived from a final order of the department; and (9) Imposition of an administrative fine or penalty under this article."

SECTION 21. Said chapter is further amended in Code Section 7-1-705, relating to written notice of claims against licensee for cashing of payment instruments, judgments, or other misconduct by employees, directors, or others, by adding a new subsection to read as follows:
"(c) Unless prior approval of a change in executive officer is required under Code Section 7-1-705.1 and notwithstanding subsection (e) of Code Section 7-1-703 requiring a criminal background check prior to the initial date of hire, a licensee shall notify the department in writing of any change of executive officer in such a manner that the notice is received by the department no later than ten business days after the effective date of the change. In the event of such change, the licensee shall initiate a criminal background check no later than ten business days after the effective date of the change."

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SECTION 22. Said chapter is further amended by revising Code Section 7-1-705.1, relating to required approval for change of control or ultimate equitable owner, additional requirements, and denial and notification of reasons relative to licensees for the cashing of payment instruments, as follows:
"7-1-705.1. (a) Except as provided in this Code section, no person shall become an ultimate equitable owner of any licensee through acquisition or other change in control or become an executive officer of a licensee as a result of such acquisition or other change in control unless the person has first received written approval for such acquisition, change in control, or designation as an executive officer from the department. In order to obtain such approval, such person shall:
(1) File an application with the department in such form as the department may prescribe from time to time; (2) Provide such other information as the department may require concerning the financial responsibility, background, experience, and activities of the applicant, its directors and executive officers, if a corporation, and its members, if applicable, and of any proposed new directors, executive officers, members, or ultimate equitable owners of the licensee; and (3) Pay such application fee as the department may prescribe. (b) The department may prescribe additional requirements for approval of such acquisition, change in control, or designation as an executive officer as a result of such acquisition or other change in control through rules and regulations. (c) If the application is denied, the department shall notify the applicant of the denial and the reasons for the denial."

SECTION 23. Said chapter is further amended in Code Section 7-1-706, relating to record-keeping obligations, investigations and examinations by the department, examination fees, administration of oaths and issuing of subpoenas, confidentiality, and civil liability relative to licensees for the cashing of payment instruments, by revising subsection (l) as follows:
"(l) Examinations and investigations conducted under this article and information obtained by the department in the course of its duties under this article are confidential, except as provided in this subsection, pursuant to the provisions of Code Section 7-1-70. In addition to the exceptions set forth in subsection (b) of Code Section 7-1-70, the department is authorized to share information obtained under this article with other state and federal regulatory agencies or law enforcement authorities. In the case of such sharing, the safeguards to confidentiality already in place within such agencies or authorities shall be deemed adequate. The commissioner or an examiner specifically designated may disclose such information as is necessary to conduct a civil or administrative investigation or proceeding. Information contained in the records of the department that is not confidential

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and may be made available to the public either on the department's website, upon receipt by the department of a written request, or in the Nation-wide Multistate Licensing System and Registry shall include:
(1) The name, business address, and telephone, facsimile, and license numbers of a licensee; (2) The names and titles of the principal officers; (3) The name of the owner or owners thereof; (4) The business address of a licensee's registered agent for service; (5) The name, business address, telephone number, and facsimile number of all locations of a licensee; (6) The terms of or a copy of any bond filed by a licensee; (7) Information concerning any violation of this article, any rule or regulation, or order issued under this article, provided that the information is derived from a final order of the department; and (8) Imposition of an administrative fine or penalty under this article."

SECTION 24. Said chapter is further amended in Code Section 7-1-1000, relating to definitions relative to mortgage lenders and mortgage brokers, by revising paragraph (32) as follows:
"(32) 'Service a mortgage loan' means the collection or remittance or the right to collect or remit payments of principal, interest, trust items such as insurance and taxes, and any other payments pursuant to a mortgage loan."

SECTION 25. Said chapter is further amended in Code Section 7-1-1009, relating to maintenance of books, accounts, and records, investigation of licensees and registrants by the department, confidentiality, and exemptions from civil liability relative to mortgage lenders and mortgage brokers, by revising subsection (g) as follows:
"(g) Examinations and investigations conducted under this article and information obtained by the department in the course of its duties under this article are confidential, except as provided in this subsection, pursuant to the provisions of Code Section 7-1-70. In addition to the exceptions set forth in subsection (b) of Code Section 7-1-70 and in paragraphs (3) and (4) of subsection (d) of this Code section, the department is authorized to share information obtained under this article with other state and federal regulatory agencies or law enforcement authorities. In the case of such sharing, the safeguards to confidentiality already in place within such agencies or authorities shall be deemed adequate. The commissioner or an examiner specifically designated may disclose such limited information as is necessary to conduct a civil or administrative investigation or proceeding. Information contained in the records of the department which is not confidential and may be made available to the public either on the department's website, upon receipt by the

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department of a written request, or in the Nation-wide Multistate Licensing System and Registry shall include:
(1) For mortgage brokers and mortgage lenders, the name, business address, and telephone, facsimile, and license numbers of a licensee or registrant; (2) For mortgage brokers and mortgage lenders, the names and titles of the principal officers; (3) For mortgage brokers and mortgage lenders, the name of the owner or owners thereof; (4) For mortgage brokers and mortgage lenders, the business address of a licensee's or registrant's agent for service; and (5) The terms of or a copy of any bond filed by a licensee or registrant."

SECTION 26. (a) Except as provided for to the contrary 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) It is not the intent of the General Assembly to affect the law applicable to litigation pending as of March 9, 2018.

SECTION 27. All laws and parts of laws in conflict with this Act are repealed.

Approved May 3, 2018.

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CONSERVATION AND NATURAL RESOURCES WASTE MANAGEMENT; SURCHARGES.

No. 340 (House Bill No. 792).

AN ACT

To amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to change the surcharge imposed by host local governments regarding solid waste disposal facilities operated by private enterprises; to exempt from such change such facilities permitted for the disposal of construction or demolition waste, inert waste, and coal ash; to change the uses of such surcharge funds; to provide effective dates for such surcharges; to provide for the use of funds collected from such surcharges; to provide for contractual negotiation of such surcharges; to extend the sunset date for certain solid waste

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surcharges and hazardous waste fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by revising subsections (d) and (g) of Code Section 12-8-39, relating to cost reimbursement fees and surcharges, as follows:
"(d)(1)(A) Until June 30, 2019, when a municipal solid waste disposal facility is operated by private enterprise, the host local government is authorized and required to impose a surcharge of $1.00 per ton or volume equivalent, in addition to any other negotiated charges or fees which shall be imposed by and paid to the host local government for the facility. Except as otherwise provided in subparagraphs (B) and (C) of this paragraph, effective July 1, 2019, when a municipal solid waste disposal facility is owned by private enterprise, the host local government is authorized and required to impose a surcharge of $2.50 per ton or volume equivalent, in addition to any other negotiated charges or fees which shall be imposed by and paid to the host local government for the facility. (B) When a municipal solid waste disposal facility is operated by private enterprise, the host local government is authorized and required to impose a surcharge of $1.00 per ton or volume equivalent until June 30, 2025, and a surcharge of $2.00 per ton or volume equivalent effective July 1, 2025, for fly ash, bottom ash, boiler slag, or flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers, in addition to any other negotiated charges or fees which shall be imposed by and paid to the host local government for the facility. (C) When a municipal solid waste disposal facility is operated by private enterprise, the host local government is authorized and required to impose a surcharge of $1.00 per ton or volume equivalent for construction or demolition waste or inert waste, in addition to any other negotiated charges or fees which shall be imposed by and paid to the host local government for the facility. (2)(A) At least 50 percent of the surcharges collected pursuant to this subsection shall be expended for the following purposes:
(i) To offset the impact of the facility; (ii) Public education efforts for solid waste management, hazardous waste management, and litter control; (iii) The cost of solid waste management; (iv) Administration of the local or regional solid waste management plan; (v) Repair of damage to roads and highways associated with the facility; (vi) Enhancement of litter control programs;

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(vii) Ground-water and air monitoring and protection associated with the location of the facility; (viii) Remediation and monitoring of closed or abandoned facilities within the jurisdiction of the host local government; (ix) Infrastructure improvements associated with the facility; (x) Allocation of such funds in any fiscal year to a reserve fund designated for use for the above purposes in future fiscal years; and (xi) For the acquisition of property and interests in property adjacent to or in reasonable proximity to the facility upon a determination by the host local government that such acquisition will serve beautification, environmental, buffering, or recreational purposes such as will ameliorate the impact of the facility. (B) Those surcharges not expended or allocated as provided for in subparagraph (A) of this paragraph may be used for other governmental expenses to the extent not required to meet the above or other solid waste management needs. (3) Host local governments may negotiate for and obtain by contract surcharges higher than those set forth in this subsection; furthermore, nothing in this subsection shall reduce any such surcharge in existence on July 1, 2019." "(g) Unless the requirement for the surcharge required by subsection (e) of this Code section is reimposed by the General Assembly, no such surcharge shall be collected after July 1, 2019."

SECTION 2. Said chapter is further amended by revising subsection (h) of Code Section 12-8-95.1, relating to hazardous waste management fees and hazardous substance reporting fees, as follows:
"(h) Unless fee requirements established in this Code section are reimposed by the General Assembly, no such fees shall be levied after July 1, 2019."

SECTION 3. This Act shall become effective on June 30, 2018.

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

Approved May 3, 2018.

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COURTS SUPERIOR COURTS; REVISE CERTAIN TERMS OF COURT.

No. 343 (House Bill No. 808).

AN ACT

To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of superior courts, so as to change the term of court in Bacon, Brantley, Charlton, Coffee, Pierce, and Ware counties in the Waycross Circuit; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior courts, is amended by revising paragraph (41) as follows:
"(41) Waycross Circuit: (A) Bacon County -- Third Monday in April and October. (B) Brantley County -- Fourth Monday in February and August. (C) Charlton County -- Second Monday in February and August. (D) Coffee County -- Second Monday in March and September. (E) Pierce County -- Third Monday in March and September. (F) Ware County -- Second Monday in April and October.
provided, however, that the grand jury shall not be required to be impaneled on the first day of each new term but upon a date and time as scheduled by the court."

SECTION 2. This Act shall become effective on January 1, 2019.

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

Approved May 3, 2018.

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MOTOR VEHICLES AND TRAFFIC MOTOR VEHICLES USED BY STATE PATROL; COLORS.

No. 344 (House Bill No. 809).

AN ACT

To amend Code Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles and motorist allowed to continue to safe location before stopping for law enforcement officer vehicles, so as to provide that a motor vehicle used by any employee of the Georgia State Patrol for the enforcement of traffic laws may be a solid color; 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 40-8-91 of the Official Code of Georgia Annotated, relating to marking and equipment of law enforcement vehicles and motorist allowed to continue to safe location before stopping for law enforcement officer vehicles, is amended by revising subsection (b) as follows:
"(b) Any motor vehicle, except as hereinafter provided in this subsection, used by any employee of the Georgia State Patrol for the purpose of enforcing the traffic laws of this state shall be distinctly painted, marked, and equipped in such manner as shall be prescribed by the commissioner of public safety pursuant to this Code section. The commissioner in prescribing the manner in which such vehicles shall be painted, marked, or equipped shall:
(1) Require that all such motor vehicles be painted in a two-toned uniform color or a solid color. For vehicles painted in a two-toned uniform color, the hood, top, and the top area not to exceed 12 inches below the bottom of the window opening thereof shall be a light gray color and the remaining portion of said motor vehicle shall be painted a dark blue color; (2) Require that any such motor vehicle be equipped with at least one lamp which when lighted shall display a flashing or revolving colored light visible under normal atmospheric conditions for a distance of 500 feet from the front and rear of such vehicle; and (3) Require that any such motor vehicle shall be distinctly marked on each side and the back thereof with the wording 'State Patrol' in letters not less than six inches in height of a contrasting color from the background color of the motor vehicle."

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

Approved May 3, 2018.

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REVENUE AND TAXATION MANDATORY FINGERPRINTING AND CRIMINAL RECORD CHECKS FOR CERTAIN INDIVIDUALS.

No. 345 (House Bill No. 816).

AN ACT

To amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization of the Department of Revenue, so as to provide for mandatory fingerprinting and criminal record checks for certain individuals; 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 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization of the Department of Revenue, is amended in Code Section 48-2-6, relating to departmental organization, by adding new subsections to read as follows:
"(f) The following persons shall be subject to the mandatory fingerprinting and criminal record checks described in subsection (g) of this Code section:
(1) All prospective employees of the department, as a condition of employment; (2) All personnel employed by the department after January 1, 2019, who have not had a criminal record check within the prior ten years, as a condition of continuing employment, with a requirement for subsequent criminal record checks not less frequently than once every ten years; (3) Employees of prospective contractors of the department, and any subcontractors thereof, who may have access to confidential information as provided in Code Section 48-2-15 or 48-7-60 or who may have access to returns or return information as defined in 26 U.S.C. Section 6103 prior to any access to any of the foregoing information; and

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(4) All personnel employed by contractors of the department, and any subcontractors thereof, after January 1, 2019, who have not had a criminal record check within the prior ten years, with a requirement for subsequent criminal record checks not less frequently than once every ten years. (g)(1) The department's Office of Special Investigations shall have the authority and responsibility to order criminal record checks pursuant to this Code section through the Georgia Crime Information Center and the Federal Bureau of Investigation and shall have the authority to receive the results of such criminal record checks. (2) Fingerprints shall be in such form and of such quality as shall be acceptable for submission to the Georgia Crime Information Center and the Federal Bureau of Investigation. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this Code section. At the discretion of the department, such fingerprinting may be performed by the department's Office of Special Investigations. (3) Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of the bureau records, retain another set of fingerprints, and conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the department in writing of any findings or if there are no such findings. All conviction data received by the department shall not be public record, shall be privileged, and shall not be disclosed to any other person or agency except to any person or agency which otherwise has a legal right to inspect the employment file. All such information shall be maintained by the department in conformity with the requirements of the Georgia Crime Information Center and the Federal Bureau of Investigation. As used in this subsection, the term 'conviction data' means a record of a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (4) At the discretion of the department, fees required for a criminal record check by the Georgia Crime Information Center or the Federal Bureau of Investigation shall be paid by the department or by the individual seeking employment or making application to the department. Contractors and subcontractors shall pay such fees for their employees and prospective employees. (5) The department may use the information obtained from fingerprinting and a person's criminal record check only for the purpose of verifying the identification of such person and in the official determination of the fitness of such person's qualification for initial or continuing employment, or in the case of employees of contractors and subcontractors, for the purpose of allowing or denying access to legally protected information."

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

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

Approved May 3, 2018.

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REVENUE AND TAXATION HOMESTEAD EXEMPTION; CITY TAXES; BASE YEAR; REFERENDUM.

No. 346 (House Bill No. 820).

AN ACT

To amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferral, so as to provide for a new homestead exemption from ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for related matters; to provide for compliance with constitutional requirements; to provide for a referendum, effective dates, 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 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferral, is amended by adding a new Code section to read as follows:
"48-5-44.1. (a) For purposes of this Code section, the term:
(1) 'Ad valorem taxes' means all ad valorem taxes for municipal purposes levied by, for, or on behalf of any municipality in this state, but excluding any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) 'Adjusted base year value' means the previous adjusted base year value adjusted annually by 2.6 percent plus any change in homestead value, provided that no such change in homestead value shall be duplicated as to the same addition or improvement. (3) 'Change in homestead value' means value, including any final determination of value on appeal pursuant to Code Section 48-5-311 derived from additions or improvements

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to, or the removal of real property of, the homestead after the lowest base year value is determined. (4) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40 with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (5) 'Lowest base year value' means:
(A) Among the 2016, 2017, and 2018 taxable years, the lowest assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the homestead, with such assessed value being multiplied by 1.0423, which number represents inflation rate data for December, 2015, through December, 2017, with respect to an exemption under this Code section which is first granted to a person on such person's homestead in the 2019 taxable year or who thereafter reapplies for and is granted such exemption in the 2020 taxable year, or thereafter, solely because of a change in ownership to a joint tenancy with right of survival; or (B) In all other cases, the lower of the assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the homestead, from the taxable year immediately preceding the taxable year in which the exemption under this Code section is first granted to the most recent owner of such homestead or the assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the homestead, from the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead, with respect to an exemption under this Code section which is first granted to a person on such person's homestead in the 2020 taxable year or who thereafter reapplies for and is granted such exemption in the 2021 taxable year, or thereafter, solely because of a change in ownership to a joint tenancy with right of survival. (6) 'Previous adjusted base year' means: (A) With respect to an exemption under this Code section that is first granted to a person on such person's homestead, the lowest base year value; or (B) In all other cases, the adjusted base year value as calculated in the taxable year immediately preceding the current year. (b) When a resident of this state resides in a municipal corporation that is located in more than one county, that levies a sales tax for the purposes of a metropolitan area system of public transportation, and that has within its boundaries an independent school system, the homestead of each such resident actually occupied by the owner as a residence and homestead shall be exempted from ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of such homestead exceeds the adjusted base year value of the homestead. The value of such property in excess of such exempted amount shall remain subject to taxation.

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(c) The surviving spouse of the person who has been granted the exemption provided for in subsection (b) of this Code section shall continue to receive such exemption so long as such surviving spouse continues to occupy the home as a residence and homestead. (d) A person shall not receive the homestead exemption granted by subsection (b) of this Code section unless such person or person's agent files an application with the tax receiver or tax commissioner of his or her respective municipality charged with the duty of receiving returns of property for taxation giving such information relative to receiving such exemption as will enable such tax receiver or tax commissioner to make a determination regarding the initial and continuing eligibility of such person for such exemption or has already filed for and is receiving a homestead exemption and such existing application provides sufficient information to make such determination of eligibility. Such tax receiver or tax commissioner shall provide application forms for this purpose. (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1. Such exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person or a person's agent has filed the proper application as provided in subsection (d) of this Code section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this Code section to notify the tax receiver or tax commissioner of the municipality in the event such person for any reason becomes ineligible for such exemption.
(f)(1) Except as otherwise provided in paragraph (2) of this subsection, the homestead exemption granted by subsection (b) of this Code section shall be in addition to and not in lieu of any other homestead exemption applicable to ad valorem taxes for municipal purposes. (2) The homestead exemption granted by subsection (b) of this Code section shall be in lieu of and not in addition to any other base year assessed value or adjusted base year value homestead exemption provided by local Act which is applicable to ad valorem taxes for municipal purposes. (g) The exemption granted by subsection (b) of this Code section shall apply to all taxable years beginning on or after January 1, 2019. (h) Any municipal corporation described in subsection (b) of this Code section shall be exempt from the provisions of subsections (c) and (e) of Code Section 48-5-32.1."

SECTION 2. In accordance with the requirements of Article VII, Section II, Paragraph II(a)(1) 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.

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SECTION 3. The Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the entire state for approval or rejection. The Secretary of State shall conduct such election on November 6, 2018, and shall issue the call and conduct such 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 Do you approve a new homestead exemption in a municipal corporation that ( ) NO is located in more than one county, that levies a sales tax for the purposes
of a metropolitan area system of public transportation, and that has within its boundaries an independent school system, from ad valorem taxes for municipal purposes in the amount of the difference between the current year assessed value of a home and the adjusted base year value, provided that the lowest base year value will be adjusted yearly by 2.6 percent?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2019. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following such election date. It shall be the duty of each county election superintendent to certify the results thereof to the Secretary of State.

SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 3, 2018.

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PUBLIC OFFICERS AND EMPLOYEES DEATH INVESTIGATIONS; WHEN MEDICAL EXAMINER'S INQUIRY IS REQUIRED.

No. 351 (Senate Bill No. 327).

AN ACT

To amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations, so as to clarify when a medical examiner's inquiry is required to be conducted; 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 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations, is amended by revising subsections (a) and (b) of Code Section 45-16-24, relating to notification of suspicious or unusual deaths, court ordered medical examiner's inquiry, and written report of inquiry, 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) In any suspicious or unusual manner, with particular attention to those individuals 16 years of age and under; (5) After birth but before seven years of age if the death is unexpected or unexplained; (6) 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; (7) When an inmate of a state hospital or a state, county, or city penal institution; (8) After having been admitted to a hospital in an unconscious state and without regaining consciousness within 24 hours of admission; (9) As a result of an apparent drug overdose; or (10) When unattended by a physician,
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.

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(b) A coroner or county medical examiner who is notified of a death pursuant to subsection (a) of this Code section under circumstances specified in paragraphs (1) through (9) of such subsection shall order a medical examiner's inquiry of that death. This subsection shall not be construed to prohibit a medical examiner's inquiry of a death if a coroner or county medical examiner is notified of a death under circumstances specified in paragraph (10) of subsection (a) of this Code section."

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

Approved May 3, 2018.

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SOCIAL SERVICES FALSE OR FRAUDULENT MEDICAID CLAIMS; CIVIL PENALTIES.

No. 352 (Senate Bill No. 321).

AN ACT

To amend Code Section 49-4-168.1 of the Official Code of Georgia Annotated, relating to civil penalties for false or fraudulent Medicaid claims, so as to modify the civil penalties that shall be imposed in order to allow this state to recover the maximum penalty authorized by federal law; 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 49-4-168.1 of the Official Code of Georgia Annotated, relating to civil penalties for false or fraudulent Medicaid claims, is amended by revising subsection (a) as follows:
"(a) Any person who: (1) Knowingly presents or causes to be presented to the Georgia Medicaid program a false or fraudulent claim for payment or approval; (2) Knowingly makes, uses, or causes to be made or used a false record or statement material to a false or fraudulent claim;

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(3) Conspires to commit a violation of paragraph (1), (2), (4), (5), (6), or (7) of this subsection; (4) Has possession, custody, or control of property or money used or to be used by the Georgia Medicaid program and knowingly delivers, or causes to be delivered, less than all of such property or money; (5) Is authorized to make or deliver a document certifying receipt of property used, or to be used, by the Georgia Medicaid program and, intending to defraud the Georgia Medicaid program, makes or delivers the receipt without completely knowing that the information on the receipt is true; (6) Knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Georgia Medicaid program who lawfully may not sell or pledge the property; or (7) Knowingly makes, uses, or causes to be made or used a false record or statement material to an obligation to pay or transmit property or money to the Georgia Medicaid program, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit property or money to the Georgia Medicaid program, shall be liable to the State of Georgia for a civil penalty consistent with the civil penalties provision of the federal False Claims Act, 31 U.S.C. 3729(a), as adjusted by the federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461; Public Law 101-410), and as further amended by the federal Civil Penalties Inflation Adjustment Improvements Act of 2015 (Sec. 701 of Public Law 114-74), plus three times the amount of damages which the Georgia Medicaid program sustains because of the act of such person."

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

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

Approved May 3, 2018.

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INSURANCE UPDATE NOTICE PRACTICES REQUIREMENTS IN THE CASE OF POLICY RENEWAL.

No. 353 (Senate Bill No. 350).

AN ACT

To amend Code Section 33-39-5 of the Official Code of Georgia Annotated, relating to transactions requiring notice of information practices, form and content of notice, abbreviated notice, and satisfaction of obligations by another institution or agent, so as to update notice practices requirements by an insurance institution or agent to applicants or policyholders in the case of policy renewal to comport with federal law; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 33-39-5 of the Official Code of Georgia Annotated, relating to transactions requiring notice of information practices, form and content of notice, abbreviated notice, and satisfaction of obligations by another institution or agent, is amended by revising paragraph (2) of subsection (a) as follows:
"(2) In the case of a policy renewal, a notice shall be provided no later than the policy renewal date, except that no notice shall be required in connection with a policy renewal if:
(A) Nonpublic personal information is provided to nonaffiliated third parties only in accordance with this chapter; and (B) The information collection or sharing practices of the insurance institution or agent relating to nonpublic personal information have not changed since the last notice of such information practices was given to the policyholder in accordance with this chapter;"

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

Approved May 3, 2018.

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243

PROFESSIONS AND BUSINESSES SUPERVISORY RATIO FOR PHYSICIAN ASSISTANTS UNDER CERTAIN CIRCUMSTANCES.

No. 354 (Senate Bill No. 364).

AN ACT

To amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to delegation of authority to physician assistants, so as to authorize a higher supervisory ratio for physician assistants who have completed a board approved anesthesiologist assistant program; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to delegation of authority to physician assistants, is amended by revising subsection (b) as follows:
"(b)(1) No primary supervising physician shall have more than four physician assistants licensed to him or her at a time except as provided in paragraph (4) of this subsection; provided, however, that no physician may supervise more than two physician assistants at any one time except as provided in paragraph (2) of this subsection.
(2)(A) A physician may supervise as many as four physician assistants at any one time while practicing in a group practice in which other physician members of such group practice are primary supervising physicians. (B) A physician may supervise as many as four physician assistants at any one time while acting as an alternate supervising physician:
(i) In an institutional setting such as a hospital or clinic; (ii) On call for a primary supervising physician or a group practice; or (iii) If otherwise approved by the board to act as an alternate supervising physician. (3) A primary supervising physician shall designate in writing to the board such other physicians who may serve as an alternate supervising physician for each physician assistant licensed to such primary supervising physician. The board shall have authority to approve or deny such designations in whole or in part; provided, however, that a physician may be listed as an alternate supervising physician for any number of physician assistants so long as he or she only supervises as many physician assistants at any one time as allowed by paragraph (2) of this subsection. (4) No primary supervising physician shall have more than eight physician assistants who have completed a board approved anesthesiologist assistant program licensed to him or her at a time."

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

Approved May 3, 2018.

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SOCIAL SERVICES MEDICAL ASSISTANCE; WAIVER OF FIRST $25,000.00 OF ANY ESTATE.

No. 355 (Senate Bill No. 370).

AN ACT

To amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, so as to provide that the commissioner of community health waives the first $25,000.00 of any estate; to provide for the submission of an amendment to the state plan; to provide for contingent 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. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to medical assistance generally, is amended in Code Section 49-4-147.1, relating to claims by department against the estate of Medicaid recipients, by adding a new subsection to read as follows:
"(d) To prevent substantial and unreasonable hardship, the commissioner shall waive any claim against the first $25,000.00 of any estate. No later than July 1, 2018, the department shall submit to the United States Department of Health and Human Services Centers for Medicare and Medicaid Services an amendment to the state plan reflecting the provisions of this subsection. In the event that such amendment to the state plan is not approved, this subsection shall stand repealed in its entirety."

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

Approved May 3, 2018.

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COMMERCE AND TRADE NO FEE FOR SECURITY FREEZE BY CONSUMER CREDIT REPORTING AGENCIES; BANK LETTERS OF CREDIT.

No. 356 (Senate Bill No. 376).

AN ACT

To amend Article 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to identity theft, so as to prohibit consumer credit reporting agencies from charging a fee for placing or removing a security freeze on a consumer's account; to amend Chapter 3 of Title 10 of the Official Code of Georgia Annotated, relating to notes and other evidences of debt, so as to authorize a letter of credit from a bank operating under the authority of any territory of the United States; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 34 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to identity theft, is amended by revising Code Section 10-1-914, relating to consumer requested security freeze on credit report, timing, notifications, temporary lifting of freeze, application, and fees, as follows:
"10-1-914. (a) A consumer may place a security freeze on the consumer's credit report by making a request in writing by certified mail to a consumer credit reporting agency. No later than August 1, 2008, a consumer credit reporting agency shall make available to consumers an Internet based method of requesting a security freeze and a toll-free telephone number for consumers to use to place a security freeze, temporarily lift a security freeze, or completely remove a security freeze. A security freeze shall prohibit, subject to exceptions in subsection (m) of this Code section, the consumer credit reporting agency from releasing the consumer's credit report or credit score without the prior express authorization of the consumer as provided in subsection (d) or (e) of this Code section. Nothing in this subsection prevents a consumer credit reporting agency from advising a third party that a security freeze is in effect with respect to the consumer's credit report. (b) A consumer credit reporting agency shall place a security freeze on a consumer's credit report no later than three business days after receiving the consumer's written request sent by certified mail. (c) The consumer credit reporting agency shall send a written confirmation of the security freeze to the consumer within ten business days of placing the security freeze and at the same time shall provide the consumer with a unique personal identification number or password, other than the consumer's social security number, to be used by the consumer

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when providing authorization for the release of the consumer's credit report for a specific period of time. (d) If the consumer wishes to allow the consumer's credit report to be accessed for a specific period of time while a security freeze is in place, the consumer shall contact the consumer credit reporting agency through the contact method established by the consumer credit reporting agency, request that the security freeze be temporarily lifted, and provide all of the following:
(1) Proper identification; (2) The unique personal identification number or password provided by the consumer credit reporting agency pursuant to subsection (c) of this Code section; (3) The proper information regarding the time period for which the report shall be available to users of the consumer credit report; and (4) The proper payment as may be required by the consumer credit reporting agency. (e) A consumer credit reporting agency shall develop procedures involving the use of telephone, facsimile, the Internet, or other electronic media to receive and process a request from a consumer to temporarily lift a security freeze on a consumer credit report pursuant to subsection (d) of this Code section. (f) A consumer credit reporting agency that receives a request from a consumer to temporarily lift a security freeze on a consumer credit report pursuant to subsection (d) or (e) of this Code section shall comply with the request: (1) No later than three business days after receiving a written request; or (2) Within 15 minutes after the request and payment are received by telephone or electronically by the contact method chosen by the consumer credit reporting agency during normal business hours and the request includes the consumer's proper identification, correct personal identification number or password, and the proper payment as may be required by the consumer credit reporting agency. (g) A consumer credit reporting agency need not remove a security freeze within 15 minutes, as specified in paragraph (2) of subsection (f) of this Code section, if: (1) The consumer fails to satisfy the requirements of subsection (d) of this Code section; or (2) The consumer credit reporting agency's ability to remove the security freeze within 15 minutes is prevented by:
(A) An act of God, including fire, earthquakes, hurricanes, storms, or similar natural disaster or phenomenon; (B) Unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or similar occurrence; (C) Operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time, or similar disruption; (D) Governmental action, including emergency orders or regulations, judicial or law enforcement action, or similar directives;

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(E) Regularly scheduled maintenance or updates, during other than normal business hours, to the consumer credit reporting agency's systems; (F) Commercially reasonable maintenance of, or repair to, the consumer credit reporting agency's systems that is unexpected or unscheduled; or (G) Receipt of a removal request outside of normal business hours. (h) A consumer credit reporting agency shall only remove or temporarily lift a security freeze placed on a consumer's credit report: (1) Upon the consumer's request, in compliance with the requirements of this Code section; or (2) If the consumer's credit report was frozen due to a material misrepresentation of fact by the consumer. If a consumer credit reporting agency intends to remove a security freeze upon a consumer's credit report pursuant to this paragraph, the consumer credit reporting agency shall notify the consumer in writing prior to removing the security freeze on the consumer's credit report. (i) If a third party requests access to a consumer credit report on which a security freeze is in effect and this request is in connection with an application for credit or any other use related to the extension of credit and the consumer does not allow the consumer's credit report to be accessed for that specific period of time, the third party may treat the application as incomplete. (j) If a consumer requests a security freeze pursuant to this Code section, the consumer credit reporting agency shall disclose to the consumer the process of placing and temporarily lifting a security freeze and the process for allowing access to information from the consumer's credit report for a specific period of time while the security freeze is in place. (k) A security freeze shall remain in place until the consumer requests that the security freeze be removed. A consumer credit reporting agency shall remove a security freeze within three business days of receiving a request for removal from the consumer. The consumer shall provide all of the following: (1) Proper identification; and (2) The unique personal identification number or password provided by the consumer credit reporting agency pursuant to subsection (c) of this Code section. (l) A consumer credit reporting agency shall require proper identification of the person making a request to place, temporarily lift, or remove a security freeze. (m) By way of example only, and not intending to be exclusive, the provisions of this Code section shall not apply to the use of a consumer credit report by any of the following: (1) A person, or the person's subsidiary, affiliate, agent, subcontractor, or assignee with whom the consumer has, or prior to assignment had, an account, contract, or debtor-creditor relationship for the purposes of reviewing the active account or collecting the financial obligation owing for the account, contract, or debt;

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(2) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under subsection (d) of this Code section for purposes of facilitating the extension of credit or other permissible use; (3) Any person acting pursuant to a court order, warrant, or subpoena; (4) A state or local agency, or its agents or assigns, which administers a program for establishing and enforcing child support obligations; (5) A state or local agency, or its agents or assigns, acting to investigate fraud, including Medicaid fraud; acting to investigate or collect delinquent taxes or assessments, including interest, penalties, and unpaid court orders; or acting to fulfill any of its other statutory responsibilities; (6) A federal, state, or local governmental entity, including a law enforcement agency, court, or its agents or assigns; (7) Any person for the use of a credit report for purposes permitted under 15 U.S.C. Section 1681b(c); (8) Any person for the sole purpose of providing a credit file monitoring subscription service to which the consumer has subscribed; (9) Any person for the purpose of providing a consumer with a copy of the consumer's credit report or credit score upon the consumer's request; (10) Any depository financial institution for checking, savings, and investment accounts; or (11) Any person or entity for insurance purposes, including use in setting or adjusting a rate, adjusting a claim, or underwriting. (n) If a security freeze is in place, a consumer credit reporting agency shall not change any of the following official information in a credit report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumer's file: name, date of birth, social security number, and address. Written confirmation is not required for technical modifications of a consumer's official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and the former address. (o) The following persons shall not be required to place a security freeze in a consumer credit report pursuant to this Code section; provided, however, that any person that shall not be required to place a security freeze on a consumer credit report under the provisions of paragraph (3) of this subsection shall be subject to any security freeze placed on a consumer credit report by another consumer credit reporting agency from which it obtains information: (1) A check services or fraud prevention services company, including reports on incidents of fraud, or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payment; (2) A deposit account information service company, which issues reports regarding account closures due to fraud, substantial overdrafts, automated teller machine abuse, or

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other similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution; (3) Resellers of consumer credit report information that assemble and merge information contained in a data base of one or more consumer credit reporting agencies and do not maintain a permanent data base of consumer credit information from which new consumer credit reports are produced; or (4) A consumer credit reporting agency's data base or file which consists of information concerning, and used for, one or more of the following: criminal record information, fraud prevention or detection, personal claim loss history information, and employment, tenant, or individual background screening. (p) A person that violates this Code section may be investigated and prosecuted under the provisions of the Fair Business Practices Act, Code Section 10-1-390, et seq., and may be fined not more than $100.00 for a violation concerning a specific consumer."

SECTION 2. Said article is further amended by revising Code Section 10-1-914.1, relating to security freezes for protected consumers, as follows:
"10-1-914.1. (a) A consumer credit reporting agency shall place a security freeze for a protected consumer if the consumer credit reporting agency receives a request from the protected consumer's representative for the placement of the security freeze and the protected consumer's representative:
(1) Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency; (2) Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative; and (3) Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer. (b) If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request under subsection (a) of this Code section, the consumer credit reporting agency shall create a record for the protected consumer. Upon receiving the request, the consumer credit reporting agency shall verify that no file exists pertaining to the protected consumer or to the protected consumer's social security number. A record created under this subsection shall not be used to consider the protected consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. (c) Within 30 days after receiving a request that meets the requirements of subsection (a) of this Code section, a consumer credit reporting agency shall place a security freeze for the protected consumer.

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(d) Unless a security freeze for a protected consumer is removed in accordance with subsection (f) or (i) of this Code section, a consumer credit reporting agency shall not release the protected consumer's credit report, any information derived from the protected consumer's credit report, or any record created for the protected consumer. (e) A security freeze for a protected consumer placed under subsection (c) of this Code section shall remain in effect until:
(1) The protected consumer or the protected consumer's representative requests the consumer credit reporting agency to remove the security freeze in accordance with subsection (f) of this Code section; or (2) The security freeze is removed in accordance with subsection (i) of this Code section. (f)(1) If a protected consumer or a protected consumer's representative wishes to remove a security freeze for the protected consumer, the protected consumer or the protected consumer's representative shall:
(A) Submit a request for the removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency; and (B) Provide to the consumer credit reporting agency sufficient proof of identification of the protected consumer and:
(i) For a request by the protected consumer, proof that the sufficient proof of authority for the protected consumer's representative to act on behalf of the protected consumer is no longer valid; or (ii) For a request by the representative of the protected consumer, sufficient proof of identification of the representative and sufficient proof of authority to act on behalf of the protected consumer. (2) Within 30 days after receiving a request that meets the requirements of paragraph (1) of this subsection, the consumer credit reporting agency shall remove the security freeze for the protected consumer. (g) A consumer credit reporting agency shall not charge a fee for any service performed under this Code section. (h) This Code section shall not apply to the use of a protected consumer's credit report or record by: (1) A person administering a credit file monitoring subscription service to which the protected consumer has subscribed or the representative of the protected consumer has subscribed on behalf of the protected consumer; (2) A person providing the protected consumer or the protected consumer's representative with a copy of the protected consumer's credit report on request of the protected consumer or the protected consumer's representative; or (3) A person or entity listed in subsection (m) or (o) of Code Section 10-1-914. (i) A consumer credit reporting agency may remove a security freeze for a protected consumer or delete a record of a protected consumer if such security freeze was placed or

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the record was created based on a material misrepresentation of fact by the protected consumer or the protected consumer's representative.
(j)(1) A person who violates this Code section may be investigated and prosecuted under the provisions of Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975,' and may be fined not more than $100.00 for a violation concerning a specific protected consumer. (2) The Attorney General may bring an action for temporary or permanent injunctive or other relief for any violation of this Code section or an action for the penalty authorized in paragraph (1) of this subsection."

SECTION 3. Chapter 3 of Title 10 of the Official Code of Georgia Annotated, relating to notes and other evidences of debt, is amended by adding a new Code section to read as follows:
"10-3-6. Notwithstanding any provision of law to the contrary, a bank operating under the authority of any territory of the United States shall satisfy the definition of an issuer provided in Code Section 11-5-102."

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

Approved May 3, 2018.

__________

PROFESSIONS AND BUSINESSES STATE BOARD OF OPTOMETRY; TRAINING PROGRAMS; GUIDANCE BY DEPARTMENT OF PUBLIC HEALTH.

No. 357 (Senate Bill No. 382).

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 provide for guidance by the Department of Public Health on certain training programs approved by the State Board of Optometry for doctors of optometry who administer pharmaceutical agents by injection; 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 43-30-1 of the Official Code of Georgia Annotated, relating to definitions relative to optometrists, is amended by revising subparagraph (C) 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. Any injectables training program approved by the board pursuant to this subparagraph shall, prior to its approval by the board, be subject to the guidance of the Department of Public Health as to the appropriate curriculum necessary to safeguard the public health of the people of this state."

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

Approved May 3, 2018.

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PUBLIC OFFICERS AND EMPLOYEES CHIEF MEDICAL EXAMINER; AUTHORIZED TO INTER AND DISINTER CERTAIN UNIDENTIFIED HUMAN REMAINS.

No. 358 (Senate Bill No. 385).

AN ACT

To amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations, so as to allow the chief medical examiner to inter and disinter unidentified human remains under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations, is amended by adding a new Code section to read as follows:
"45-16-51. (a) The chief medical examiner shall be authorized to inter unidentified human remains after the peace officer in charge has exhausted all efforts in identifying such remains. (b) Notwithstanding Code Section 45-16-45, the chief medical examiner shall have the authority to disinter remains interred pursuant to subsection (a) of this Code section when the chief medical examiner determines that further information can be obtained or further testing can be performed that may result in the identification of such remains."

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

Approved May 3, 2018.

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HIGHWAYS, BRIDGES, AND FERRIES STATE ROAD AND TOLLWAY AUTHORITY; EXEMPT CERTAIN BUSES, MOTOR VEHICLES, AND RAPID RAIL SYSTEMS FROM CERTAIN IDENTIFICATION AND REGULATION PROVISIONS.

No. 361 (Senate Bill No. 391).

AN ACT

To amend Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the State Road and Tollway Authority, so as to exempt transit service buses, motor vehicles, and rapid rail systems from requirements relating to identification and regulation of 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. Part 1 of Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to the State Road and Tollway Authority, is amended by adding a new Code section to read as follows:
"32-10-63.1. No provision of Chapter 1 of Title 40 shall apply to any bus, other motor vehicle, or rapid rail system of the authority which provides transit services."

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

Approved May 3, 2018.

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LOCAL GOVERNMENT COUNTIES AND MUNICIPALITIES MAY USE LICENSED REAL ESTATE BROKERS IN SALE OF REAL PROPERTY.

No. 363 (Senate Bill No. 397).

AN ACT

To amend Chapter 9 and Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally and the acquisition and disposition of real and personal property generally, respectively, so as to allow counties and municipalities to hire state licensed real estate brokers to assist in the sale of real property; to provide for the duties of the state licensed real estate broker; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, is amended in subsection (a) of Code Section 36-9-3, relating to the sale or disposition of county real property generally, by revising paragraph (2) and adding a new paragraph to read as follows:
"(2)(A) Counties may retain the services of a Georgia licensed real estate broker to assist in the disposition of surplus real property; said brokerage services shall be procured by request for proposals in response to an issued solicitation. The proposal shall include the minimum stated broker qualifications and experience. (B) In the event a county does retain the services of a qualified and experienced Georgia licensed real estate broker to assist in the disposition of surplus real property, the broker so retained shall:
(i) Represent the county and comply with the requirements of this Code section, including, but not limited to, issuing a call or request for sealed bids from the public and causing notice to be published once in the official legal organ of the county not less than 15 days nor more than 60 days preceding the day of the auction or, if the sale is by sealed bids, preceding the last day for the receipt of proposals. The legal notice shall include a legal description of the real property to be sold. The notice shall also contain a request for proposals and shall state the conditions of the proposed sale, the address at which bid blanks and other written materials connected with the proposed sale may be obtained, and the date, time, and place for the opening of bids; (ii) Actively market the disposition of the real property; (iii) Comply with all federal, state, and local laws;

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(iv) Create a website which posts: the request for sealed bids; questions submitted by interested parties; responses to submitted questions as prepared by the county; dates the real property will be made available for public inspection; public information regarding the property; and other related communication and marketing information; (v) Immediately forward the sealed bids to the governing authority of the county, which shall open such bids at the specified date, time, and place; (vi) Only serve in the capacity of a broker engaged by a seller as provided for in Code Section 10-6A-5. A real estate broker representing a county shall be prohibited from working with or aiding a prospective buyer in connection with the disposition of real property for which the real estate broker was contracted; and (vii) Agree to accept the agreed upon sales commission based on the highest responsive bid received as so adjudicated by the governing authority of the county, in its sole discretion. (C) In the event the county decides to reject all bids and not award the sale to any of the bidders, the broker shall agree to accept the minimum payment in lieu of the commission as so agreed upon by the parties in an engagement contract. (3) This subsection shall not apply to: (A) Redemption of property held by any county under a tax deed; the granting of easements and rights of way; the sale, conveyance, or transfer of road rights of way; the sale, transfer, or conveyance to any other body politic; and any sale, transfer, or conveyance to a nonprofit corporation in order to effectuate a lease-purchase transaction pursuant to Code Section 36-60-13; (B) Any option to sell or dispose of any real property belonging to any county of this state if that option was granted by said county prior to March 17, 1959; (C) The sale of any real property belonging to any county in this state where the proper governing authority of the county advertised the property for ten consecutive days in the newspaper in which the sheriff's advertisements for the county are published, and where the sale was awarded thereafter to the highest and best bidder, in accordance with the terms of the advertisement, and an option given in accordance with the sale for the purchaser who had deposited a part of the purchase price to pay the balance within 365 days from the date of the execution of the option, where the sale was awarded and the option granted prior to May 1, 1961; or (D) The exchange of real property belonging to any county in this state for other real property where the property so acquired by exchange shall be of equal or greater value than the property previously belonging to the county; provided, however, that within six weeks preceding the closing of any such proposed exchange of real property, a notice of the proposed exchange of real property shall be published in the official organ of the county once a week for four weeks. The value of both the property belonging to the county and that to be acquired through the exchange shall be determined by appraisals and the value so determined shall be approved by the proper authorities of said county."

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SECTION 2. Chapter 37 of Title 36 of the Official Code of Georgia Annotated, relating to the acquisition and disposition of real and personal property generally, is amended in Code Section 36-37-6, relating to the disposition of municipal property generally, by revising subsection (a) as follows:
"36-37-6. (a)(1) Except as otherwise provided in subsections (b) through (j) of this Code section, the governing authority of any municipal corporation disposing of any real or personal property of such municipal corporation shall make all such sales to the highest responsible bidder, either by sealed bids or by auction after due notice has been given. Any such municipal corporation shall have the right to reject any and all bids or to cancel any proposed sale. The governing authority of the municipal corporation shall cause notice to be published once in the official legal organ of the county in which the municipality is located or in a newspaper of general circulation in the community, not less than 15 days nor more than 60 days preceding the day of the auction or, if the sale is by sealed bids, preceding the last day for the receipt of proposals. The legal notice shall include a general description of the property to be sold if the property is personal property or a legal description of the property to be sold if the property is real property. If the sale is by sealed bids, the notice shall also contain an invitation for proposals and shall state the conditions of the proposed sale, the address at which bid blanks and other written materials connected with the proposed sale may be obtained, and the date, time, and place for the opening of bids. If the sale is by auction, the notice shall also contain the conditions of the proposed sale and shall state the date, time, and place of the proposed sale. Bids received in connection with a sale by sealed bidding shall be opened in public at the time and place stated in the legal notice. A tabulation of all bids received shall be available for public inspection following the opening of all bids. All such bids shall be retained and kept available for public inspection for a period of not less than 60 days from the date on which such bids are opened. The provisions of this subsection shall not apply to any transactions authorized in subsections (c) through (j) of this Code section. (2)(A) Municipal corporations may retain the services of a Georgia licensed real estate broker to assist in the disposition of surplus real property; said brokerage services shall be procured by request for proposals in response to an issued solicitation. The proposal shall include the minimum stated broker qualifications and experience. (B) In the event a municipal corporation does retain the services of a qualified and experienced Georgia licensed real estate broker to assist in the disposition of surplus real property, the broker so retained shall: (i) Represent the municipal corporation and comply with the requirements of this Code section, including, but not limited to, issuing a call or request for sealed bids from the public and causing notice to be published once in the official legal organ of the county in which the municipality is located or in a newspaper of general circulation in the community, not less than 15 days nor more than 60 days preceding the day of

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the auction or, if the sale is by sealed bids, preceding the last day for the receipt of proposals. The legal notice shall include a legal description of the real property to be sold. The notice shall also contain a request for proposals and shall state the conditions of the proposed sale, the address at which bid blanks and other written materials connected with the proposed sale may be obtained, and the date, time, and place for the opening of bids; (ii) Actively market the disposition of the real property; (iii) Comply with all federal, state, and local laws; (iv) Create a website which posts: the request for sealed bids; questions submitted by interested parties; responses to submitted questions as prepared by the municipal corporation; dates the real property will be made available for public inspection; public information regarding the property; and other related communication and marketing information; (v) Immediately forward the sealed bids to the governing authority of the municipal corporation, which shall open such bids at the specified date, time, and place; (vi) Only serve in the capacity of a broker engaged by a seller as provided for in Code Section 10-6A-5. A real estate broker representing a municipal corporation shall be prohibited from working with or aiding a prospective buyer in connection with the disposition of real property for which the real estate broker was contracted; and (vii) Agree to accept the agreed upon sales commission based on the highest responsive bid received as so adjudicated by the governing authority of the municipal corporation, in its sole discretion. (C) In the event the municipal corporation decides to reject all bids and not award the sale to any of the bidders, the broker shall agree to accept the minimum payment in lieu of the commission as so agreed upon by the parties in an engagement contract."

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

Approved May 3, 2018.

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REVENUE AND TAXATION SALES AND USE TAXES; LEGAL ACTIONS, INJUNCTIONS, AND APPEALS; COLLECTION AND REMITTING.

No. 365 (House Bill No. 61).

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 tax, so as to provide for definitions; to provide for certain legal actions, injunctions, and appeals under certain circumstances; to require certain retailers to either collect and remit sales and use taxes or provide certain notifications to certain purchasers and the state; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, is amended in paragraph (8) of Code Section 48-8-2, relating to definitions, by adding two new subparagraphs to read as follows:
"(M.1) Obtains gross revenue, in an amount exceeding $250,000.00 in the previous or current calendar year, from retail sales of tangible personal property to be delivered electronically or physically to a location within this state to be used, consumed, distributed, or stored for use or consumption in this state; (M.2) Conducts 200 or more separate retail sales of tangible personal property in the previous or current calendar year to be delivered electronically or physically to a location within this state to be used, consumed, distributed, or stored for use or consumption in this state;"

SECTION 2. Said article is further amended in Code Section 48-8-30, relating to imposition of tax, rates, and collection, by revising subsection (c.1) and by adding a new subsection to read as follows:
"(c.1)(1)(A) Every purchaser of tangible personal property at retail outside this state from a dealer when such property is to be used, consumed, distributed, or stored for use or consumption in this state, shall be liable for a tax on the purchase at the rate of 4 percent of the sales price of the purchase. The tax shall be paid by the purchaser to the retailer making the sale, as provided in this article. The retailer shall remit the tax to the commissioner as provided in this article, and when received by the commissioner, the tax shall be a credit against the tax imposed on the retailer.

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(B) Every dealer who makes a retail sale of tangible personal property outside this state which is to be delivered electronically or physically to a location within this state shall be liable for a tax on the sale at the rate of 4 percent of such sales price or the amount of tax as collected by such dealer from purchasers having their purchases delivered in this state, whichever is greater. (C) It shall be prima-facie evidence that such property is to be used, consumed, distributed, or stored for use or consumption in this state if that property is delivered electronically or physically to a location within this state to the purchaser or agent thereof. (D) No retail sale shall be taxable to the retailer or dealer which is not taxable to the purchaser at retail. The tax imposed by this subsection shall be subject to the credit otherwise granted by this article for like taxes previously paid in another state. This paragraph shall not be construed to require a duplication in the payment of the tax. (2) The department may bring an action for a declaratory judgment in any superior court against any person the department believes meets the definition of dealer provided in subparagraph (M.1) or (M.2) of paragraph (8) of Code Section 48-8-2 in order to establish that the collection obligation created by this subsection is applicable and valid under state and federal law with respect to such a dealer. If such action presents a question for judicial determination related to the constitutionality of the imposition of taxes upon such a dealer, the court shall, upon motion, enjoin the state from enforcing the collection obligation against such a dealer. The superior court shall act on such declaratory judgment action and issue a final decision in an expeditious manner. (c.2)(1) For the purposes of this subsection, the term: (A) 'Delivery retailer' means a retailer that does not collect and remit the tax imposed by this Code section and that in the previous or current calendar year:
(i) Obtains gross revenue, in an amount exceeding $250,000.00 from retail sales of tangible personal property to be delivered electronically or physically to a location within this state or used, consumed, distributed, or stored for use or consumption in this state; or (ii) Conducts 200 or more retail sales of tangible personal property to be delivered electronically or physically to a location within this state or used, consumed, distributed, or stored for use or consumption in this state. (B) 'Purchaser' means a person or agent thereof who gives consideration to a delivery retailer in exchange for tangible personal property to be delivered electronically or physically to a location within this state or used, consumed, distributed, or stored for use or consumption in this state. (2) A delivery retailer shall collect and remit the tax imposed by this Code section or shall: (A) Notify each potential purchaser immediately prior to the completion of each retail sale transaction with the following statement: 'Sales or use tax may be due to the State

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of Georgia on this purchase. Georgia law requires certain consumers to file a sales and use tax return remitting any unpaid taxes due to the State of Georgia.'; (B) On or before January 31 of each year, send a sales and use tax statement to each purchaser who completed one or more retail sales with such delivery retailer that totaled $500.00 or more in aggregate during the prior calendar year in an envelope containing the words 'IMPORTANT TAX DOCUMENT ENCLOSED' on the exterior of the mailing by first class mail and separate from any other shipment; and (C) On or before January 31 of each year, file a copy of each sales and use tax statement required under subparagraph (B) of this paragraph with the department in a manner to be prescribed by the department. (3) For the purposes of this subsection, a sales and use tax statement shall: (A) Be on a form to be prescribed by the department; (B) Contain the total amount paid by the purchaser for retail sales from the delivery retailer during the previous calendar year, as well as, if available, the dates of purchases, the amounts of each purchase, and the category of each purchase, including, if known by the retailer, whether the purchase is exempt from taxation under this article; and (C) Include the following statement: 'Sales or use taxes may be due to the State of Georgia on the purchase(s) identified in this statement as Georgia taxes were not collected at the time of purchase. Georgia law requires certain consumers to file a sales and use tax return remitting any unpaid taxes due to the State of Georgia.' (4) Unless determined by the commissioner upon a showing of reasonable cause: (A) Failure to provide the notice required by subparagraph (A) of paragraph (2) of this subsection shall subject a delivery retailer to a penalty of $5.00 for each failure; (B) Failure to send a sales and use statement as required by subparagraph (B) of paragraph (2) of this subsection shall subject a delivery retailer to a penalty of $10.00 for each failure; and (C) Failure to file a copy of a sales and use tax statement with the department as required by subparagraph (C) of paragraph (2) of this subsection shall subject a delivery retailer to a penalty of $10.00 for each failure. (5) It shall be prima-facie evidence that such property is to be used, consumed, distributed, or stored for use or consumption in this state if that property is delivered electronically or physically to a location within this state to the purchaser or agent thereof."

SECTION 3. This Act shall become effective on January 1, 2019, and shall apply to all sales made on or after January 1, 2019.

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

Approved May 3, 2018.

__________

PROPERTY WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES TRUSTS; COMPREHENSIVE REVISION.

No. 366 (House Bill No. 121).

AN ACT

To amend Article 9 of Chapter 6 of Title 44 and Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to the Uniform Statutory Rule Against Perpetuities and trusts, respectively, so as to revise and modernize the law relative to trusts; to allow for trusts to exist for a longer period of time; to change provisions relating to the validity of a nonvested property interest; to change provisions relating to minor or unborn beneficiaries; to provide for nonjudicial settlement agreements with respect to a trust; to change provisions relating to the transfer of property in trust; to change provisions relating to the power to direct modification and termination of noncharitable trusts and to provide for distribution of trust property to another trust; to provide for definitions; to repeal provisions relating to division and consolidation of trusts and termination of trusts; to change provisions relating to modification or termination of uneconomic trusts; to change provisions relating to limitations on creditors' rights and creditors' claims against a settlor; to change provisions relating to appointment and vacancies of trustees; to change provisions relating to compensation and extra compensation of trustees; to change provisions relating to resignation of a trustee; to change provisions relating to a qualified beneficiary who is not sui juris; to change provisions relating to powers of trustees; to provide for trust directors; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 9 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to the Uniform Statutory Rule Against Perpetuities, is amended by revising paragraph (2) of subsections (a) through (c) of Code Section 44-6-201, relating to the validity of nonvested property interest or power of appointment, as follows:
"(2) The interest either vests or terminates within 360 years after its creation."

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"(2) The condition precedent either is satisfied or becomes impossible to satisfy within 360 years after its creation." "(2) The power is irrevocably exercised or otherwise terminates within 360 years after its creation."

SECTION 2. Said article is further amended by revising Code Section 44-6-203, relating to reform of disposition by court to approximate transferor's plan of distribution, as follows:
"44-6-203. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the number of years allowed by paragraph (2) of subsection (a), (b), or (c) of Code Section 44-6-201 if:
(1) A nonvested property interest or a power of appointment becomes invalid under Code Section 44-6-201; (2) A class gift is not but might still become invalid under Code Section 44-6-201 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or (3) A nonvested property interest that is not validated by paragraph (1) of subsection (a) of Code Section 44-6-201 can vest, but not within 360 years after its creation."

SECTION 3. Said article is further amended by revising Code Section 44-6-205, relating to the applicability of this article and court reform of nonvested dispositions created before this article became effective, as follows:
"44-6-205. (a) Except as extended by subsection (b) of this Code section, this article applies to a nonvested property interest or a power of appointment that is created on or after July 1, 2018. For purposes of this Code section only, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable. (b) With respect to a nonvested property interest or a power of appointment that was created before July 1, 2018, and that violates this state's rule against perpetuities as that rule existed before July 1, 2018, a court upon the petition of an interested party may exercise its equitable power to reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created."

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SECTION 4. Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trusts, is amended by revising Code Section 53-12-8, relating to parent permitted to consent on behalf of minor or unborn child beneficiary if no conflict of interest, as follows:
"53-12-8. (a) Notice to a person who may represent and bind another person under this Code section shall have the same effect as if notice were given directly to such other person. (b) The consent of a person who may represent and bind another person under this Code section shall be binding on the person represented unless the person represented objects to such representation before such consent would otherwise have become effective. Consent shall include, but shall not be limited to, an action related to the granting of powers to a trustee, modification or termination of a trust, a trustee's duty to report, a trustee's compensation, the conversion of a trust to a unitrust, the appointment, resignation, or removal of a trustee, and other similar actions. (c) Except as otherwise provided in Code Section 53-12-61, a person who under this Code section may represent a settlor who lacks capacity may receive notice and give a binding consent on such settlor's behalf. (d) A settlor may not represent and bind a beneficiary under this Code section with respect to the termination or modification of a trust under Article 4 of this chapter. (e) To the extent there is no conflict of interest between the holder of a power of appointment and the persons represented with respect to the particular question or dispute, such holder may represent and bind persons whose interests are as permissible appointees, as takers in default, or are otherwise subject to the power. (f) To the extent there is no conflict of interest between the representative and the person represented or among those being represented with respect to a particular question or dispute:
(1) A conservator may represent and bind the estate that the conservator controls; (2) A guardian may represent and bind his or her ward if a conservator of such ward's estate has not been appointed; (3) An agent having authority to act with respect to the particular question or dispute may represent and bind the principal; (4) A trustee may represent and bind the beneficiaries of the trust; (5) A personal representative of a decedent's estate may represent and bind persons interested in such estate; and (6) An ancestor may represent and bind an ancestor's minor or unborn descendant if a conservator or guardian for such descendant has not been appointed. (g) Unless otherwise represented, a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another having a substantially identical interest with respect to a particular question or dispute, but only to the extent there is no conflict of interest between the representative and the person represented with respect to such particular question or dispute.

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(h) A person who would be eligible to receive distributions of income or principal from the trust upon the termination of the interests of all persons then currently eligible to receive distributions of income or principal may represent and bind contingent successor remainder beneficiaries, including, but not limited to, charitable entities, with respect to matters in which there is no conflict of interest between the representative and the persons represented with respect to a particular question or dispute. (i) If the court determines that an interest is not represented under this Code section, or that the otherwise available representation might be inadequate, the court may appoint a representative to receive notice, give consent, and otherwise represent, bind, and act on behalf of a minor, incapacitated, or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable. A representative may be appointed to represent several persons or interests. A representative may act on behalf of the individual represented with respect to any matter arising under this chapter, regardless of whether a judicial proceeding concerning the trust is pending. In making decisions, a representative may consider the general benefit accruing to the living members of the individual's family."

SECTION 5. Said chapter is further amended by adding a new Code section to read as follows:
"53-12-9. (a) As used in this Code section, the term 'interested persons' means the trustee and all other persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court. (b) Except as provided in subsection (c) of this Code section, the interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust. (c) A nonjudicial settlement agreement:
(1) Shall be valid only to the extent it does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this Code or other applicable law; and (2) Shall not be valid with respect to any modification or termination of a noncharitable irrevocable trust when the settlor's consent would be required in order to achieve a binding settlement, if such settlement were to be approved by a court. (d) Any interested person may request the court approve a nonjudicial settlement agreement, determine whether the representation as provided in Code Section 53-12-8 was adequate, or determine whether such agreement contains terms and conditions the court could have properly approved. (e) An agreement entered into in accordance with this Code section shall be final and binding on the interested persons as if ordered by a court with competent jurisdiction over the trust, the trust property, and the interested persons."

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SECTION 6. Said chapter is further amended by revising subsection (a) of Code Section 53-12-25, relating to the transfer of property to trust, as follows:
"(a) Transfer of property in trust shall require a transfer of legal title to the trustee. In any transfer of property or any interest in property, if a trust is named as a grantee, whether such trust is held under the laws of this state or of any other jurisdiction, then such transfer is deemed to have been made to the trustee of such trust as though the trustee of such trust had been named as grantee instead of the trust."

SECTION 7. Said chapter is further amended by revising Code Section 53-12-61, relating to power to direct modification, as follows:
"53-12-61. (a) The trust instrument may confer upon a trustee or other person a power to modify, consolidate, divide, or terminate the trust without court approval. (b) During the settlor's lifetime, the court shall approve a petition to modify or terminate a noncharitable irrevocable trust, even if the modification or termination is inconsistent with a material purpose of the trust, if the settlor and all the beneficiaries consent to such modification or termination and the trustee has received notice of the proposed modification or termination. A settlor's power to consent to such trust's modification or termination may be exercised by:
(1) An agent under a power of attorney only to the extent expressly authorized by the power of attorney and the terms of the trust; (2) The settlor's conservator with the approval of the court supervising the conservatorship if an agent is not so authorized; or (3) The settlor's guardian with the approval of the court supervising the guardianship if an agent is not so authorized and a conservator has not been appointed. (c) Following the settlor's death the court shall approve a petition to: (1) Modify a noncharitable irrevocable trust if all the beneficiaries consent, the trustee has received notice of the proposed modification, and the court concludes that modification is not inconsistent with any material purpose of such trust; and (2) Terminate a noncharitable irrevocable trust if all the beneficiaries consent, the trustee has received notice of the proposed termination, and the court concludes that continuance of such trust is not necessary to achieve any material purpose of such trust. (d) The court may, upon petition: (1) Modify the trust if, owing to circumstances not anticipated by the settlor, modification would further the purposes of such trust; (2) Modify the administrative provisions of a trust if continuation of such trust under its existing provisions would impair such trust's administration; (3) Modify the trust by the appointment of an additional trustee or special fiduciary if such appointment is necessary or helpful to the administration of such trust;

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(4) Modify the trust to achieve the settlor's tax objectives, with such modification to have either prospective or retroactive effect; (5) Order the division of a single trust into two or more trusts or the consolidation of two or more trusts, whether created by the same or different trust instruments or by the same or different persons, into a single trust if the division or consolidation would be helpful to the administration of such trust or trusts; or (6) Terminate a trust and order distribution of the trust property if the:
(A) Costs of administration are such that the continuance of such trust, the establishment of such trust if it is to be established, or the distribution from a probate estate would defeat or substantially impair the purposes of such trust; (B) Purpose of such trust has been fulfilled or become illegal or impossible to fulfill; or (C) Continuance of such trust would impair the accomplishment of the purposes of such trust. (e) A proceeding to approve a proposed modification or termination under this Code section may be commenced by a trustee or beneficiary. A proceeding to approve a proposed modification or termination under subsection (b) of this Code section may be commenced by a trustee, beneficiary, or settlor. In the case of an unfunded testamentary trust, a petition for modification or termination under this Code section may be filed by the personal representative of the settlor's estate. (f) No later than 30 days after filing the petition for modification or termination, notice of a petition to modify or terminate a trust under subsection (d) of this Code section shall be given to the settlor, the trustee, all the beneficiaries, any holder of a power of appointment over the trust property, and such other persons as the court may direct. (g) The court may modify or terminate a trust as provided in this Code section regardless of whether it contains spendthrift provisions or other similar protective provisions. (h) An order under subsection (d) of this Code section shall conform as nearly as practicable to the intention of the settlor. (i) Distribution of the trust property under an order for termination shall be made to or among the current beneficiaries and the vested remainder beneficiaries, or, if there are no vested remainder beneficiaries, among the current beneficiaries and the contingent remainder beneficiaries. The order shall specify the appropriate share, if any, of each current and remainder beneficiary who is to share in the proceeds of the trust so as to conform as nearly as practicable to the intention of the settlor. The order may direct that the interest of a minor beneficiary, or any portion thereof, be converted into qualifying property and distributed to a custodian pursuant to Article 5 of Chapter 5 of Title 44, 'The Georgia Transfers to Minors Act.'"

SECTION 8. Said chapter is further amended by revising Code Section 53-12-62, relating to modification of trust by court, as follows:

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"53-12-62. (a) As used in this Code section, the term:
(1) 'Original trust' refers to the trust from which principal is being distributed. (2) 'Second trust' refers to the trust to which assets are being distributed from the original trust, whether a separate trust or an amended version of the original trust. (b)(1) As used in this subsection, the term 'current beneficiary' means a person who, on the date of distribution to the second trust, is a distributee or permissible distributee of trust income or principal. (2) Unless the original trust instrument expressly provides otherwise, a trustee, other than a person who contributed property to the trust, with authority to invade the principal of the original trust to make distributions to or for the benefit of one or more of the beneficiaries may also, independently or with court approval, exercise such authority by distributing all or part of the principal of the original trust to a trustee of a second trust; provided, however, that the second trust shall not include as a:
(A) Current beneficiary any person that is not a current beneficiary of income or principal of the original trust; or (B) Beneficiary any person that is not a beneficiary of the original trust. (c) Except as provided in this Code section, a trustee may exercise the power to invade the principal of the original trust under subsection (b) of this Code section without the consent of the settlor or the beneficiaries of the original trust if such trustee provides written notice of such trustee's decision to exercise the power to such settlor, if living, and those persons then entitled to annual reports from the trustee of the original trust. Such notice shall: (1) Describe the manner in which such trustee intends to exercise such power; (2) Specify the date such trustee proposes to distribute to the second trust; and (3) Be delivered at least 60 days before the proposed distribution to the second trust. (d) The exercise of the power to invade the principal of the original trust under subsection (b) of this Code section shall be by an instrument in writing, signed and acknowledged by the trustee, and filed with the records of the original trust. (e) The exercise of the power to invade the principal of the original trust under subsection (b) of this Code section shall not extend the permissible period of the rule against perpetuities that applies to such original trust. (f) This Code section shall not be construed to abridge the right of any trustee who has a power of invasion to distribute property in further trust that arises under any other law or under common law, and nothing in this Code section shall be construed to imply that the common law does not permit the exercise of a power to invade the principal of a trust in the manner authorized under subsection (b) of this Code section. (g) A second trust may confer a power of appointment upon a beneficiary of the original trust to whom or for the benefit of whom the trustee has the power to distribute the principal of such original trust. For purposes of this subsection, the permissible appointees of the power of appointment conferred upon a beneficiary may include persons who are not beneficiaries of such original trust or second trust.

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(h) If any contribution to the original trust qualified for the annual exclusion under Section 2503(b) of the federal Internal Revenue Code, as it existed on February 1, 2018, the marital deduction under Section 2056(a) or 2523(a) of the federal Internal Revenue Code, as it existed on February 1, 2018, or the charitable deduction under Section 170(a), 642(c), 2055(a), or 2522(a) of the federal Internal Revenue Code, as it existed on February 1, 2018, is a direct skip qualifying for treatment under Section 2642(c) of the federal Internal Revenue Code, as it existed on February 1, 2018, or qualified for any other specific tax benefit that would be lost by the existence of the authorized trustee's authority under subsection (b) of this Code section for income, gift, estate, or generation-skipping transfer tax purposes under the federal Internal Revenue Code, then the authorized trustee shall not have the power to distribute the principal of a trust pursuant to subsection (b) of this Code section in a manner that would prevent the contribution to the original trust from qualifying for such exclusion, deduction, or other tax benefit or would reduce such exclusion, deduction, or other tax benefit that was originally claimed with respect to such contribution. (i) The exercise of the power to invade the principal of the original trust under subsection (b) of this Code section shall be subject to the following limitations:
(1) The second trust need not qualify as a grantor trust for federal income tax purposes, even if the original trust does qualify as a grantor trust, except that if such original trust qualifies as a grantor trust because of the application of Section 672(f)(2)(A) of the federal Internal Revenue Code, as it existed on February 1, 2018, such second trust may not include or omit a term that, if included in or omitted from the original trust instrument, would have prevented such original trust from qualifying under such section; (2) The second trust may qualify as a grantor trust for federal income tax purposes, even if the original trust does not so qualify, except that if such original trust does not so qualify and such second trust will so qualify, in whole or in part, with respect to the settlor, such second trust shall grant such settlor or another person a power that would cause such second trust to cease to be a grantor trust for federal income tax purposes unless such settlor objects in a writing delivered to the trustee before the date the trustee proposes to distribute from such original trust to such second trust; and (3) When both the original trust and the second trust qualify as grantor trusts for federal income tax purposes and such original trust grants the settlor or another person the power to cause such original trust to cease to be a grantor trust, such second trust shall grant an equivalent power to the settlor or another person unless such settlor objects in a writing delivered to the trustee before the date the trustee proposes to distribute from such original trust to such second trust. (j) During any period when the original trust owns stock in a Subchapter 'S' corporation as defined in Section 1361(a)(1) of the federal Internal Revenue Code, as it existed on February 1, 2018, an authorized trustee shall not exercise a power authorized by subsection (b) of this Code section to distribute part or all of the stock of the Subchapter 'S' corporation to a second trust that is not a permitted shareholder under Section 1361(c)(2) of the federal Internal Revenue Code, as it existed on February 1, 2018.

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(k) A trustee or other person that reasonably relies on the validity of a distribution of property of the original trust to the second trust under subsection (b) of this Code section or any other law or common law shall not be liable for any action or failure to act as a result of such reliance. (l) This Code section shall not create or imply a duty for a trustee to exercise a power conferred by this Code section. (m) If exercise of the power to invade the principal of the original trust would be effective under subsection (b) of this Code section except that the second trust in part does not comply with this Code section, such exercise of the power shall be effective, a provision in such second trust that is not permitted under this Code section shall be void to the extent necessary to comply with this Code section, and a provision required by this Code section to be in such second trust that is not contained in such second trust shall be deemed to be included in such second trust to the extent necessary to comply with this Code section. (n) The settlor of the original trust shall be deemed to be the settlor of the second trust with respect to the portion of the principal of the original trust subject to the exercise of the power to invade the principal of such original trust under subsection (b) of this Code section. (o) A debt, liability, or other obligation enforceable against property of the original trust shall be enforceable to the same extent against the property when held by the second trust after exercise of the power to invade the principal of such original trust under subsection (b) of this Code section. (p) This Code section shall not apply to a trust held solely for charitable purposes."

SECTION 9. Said chapter is further amended by repealing Code Section 53-12-63, relating to division and consolidation of trusts, and designating it as reserved.

SECTION 10. Said chapter is further amended by repealing Code Section 53-12-64, relating to termination of trusts, and designating it as reserved.

SECTION 11. Said chapter is further amended by revising subsection (a) of Code Section 53-12-65, relating to modification or termination of uneconomic trust, as follows:
"(a) After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property either having a total value less than $100,000.00 or for which the trustee's annual fee for administering the trust is 5 percent or more of the market value of the principal assets of the trust as of the last day of the preceding trust accounting year may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration, provided that in the case of a cemetery trust, notice shall be given to the Attorney General. For purposes of this subsection, the term 'cemetery trust' means a trust

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the sole purpose of which is to hold and invest property to be used for the maintenance and care of cemetery plots."

SECTION 12. Said chapter is further amended by revising Code Section 53-12-81, relating to limitations on creditors' rights, as follows:
"53-12-81. A transferee or creditor of a beneficiary shall not compel the trustee to pay any amount that is payable only in the trustee's discretion regardless of whether the discretion is expressed in the form of a standard of distribution, including, but not limited to, health, education, maintenance, and support, and whether such trustee is also a beneficiary. This Code section shall not apply to the extent of the proportion of trust property attributable to the beneficiary's contribution."

SECTION 13. Said chapter is further amended by revising Code Section 53-12-82, relating to creditors' claims against settlor, as follows:
"53-12-82. (a) Whether or not the trust instrument contains a spendthrift provision, the following rules shall apply:
(1) During the lifetime of the settlor, the property of a revocable trust shall be subject to claims of the settlor's creditors; (2) With respect to an irrevocable trust:
(A) Creditors or assignees of the settlor may reach the maximum amount that can be distributed to or for the settlor's benefit during the settlor's life or that could have been distributed to or for the settlor's benefit immediately prior to the settlor's death, provided, that if a trust has more than one settlor, the amount the creditors or assignees of a particular settlor may reach shall not exceed the settlor's interest in the portion of the trust attributable to that settlor's contribution; and (B) The portion of a trust that can be distributed to or for the settlor's benefit pursuant to the power of a trustee, whether arising under the trust agreement or any other law, to make a distribution to or for the benefit of a settlor for the purpose of reimbursing the settlor in an amount equal to any income taxes payable on any portion of the trust principal and income that is treated as the settlor's individual income under applicable law shall not be considered an amount that can be distributed to or for the settlor's benefit during the settlor's life or that could have been distributed to or for the settlor's benefit immediately prior to the settlor's death; and (3) After the death of a settlor, and subject to the settlor's right to direct the source from which liabilities shall be paid, the property of a trust that was revocable at the settlor's death or had become irrevocable as a result of the settlor's incapacity shall be subject to claims of the settlor's creditors to the extent the probate estate is inadequate. Payments

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that would not be subject to the claims of the settlor's creditors if made by way of beneficiary designation to persons other than the settlor's estate shall not be made subject to such claims by virtue of this Code section unless otherwise provided in the trust instrument. (b)(1) As used in this subsection, the term:
(A) 'Inter vivos marital trust' means: (i) A trust described in Section 2523(e) of the Internal Revenue Code of 1986, as it existed on February 1, 2018; (ii) A trust for which the election described in Section 2523(f) of the Internal Revenue Code of 1986, as it existed on February 1, 2018, has been made; or (iii) Another trust to the extent such trust's assets are attributable to a trust described in division (i) or (ii) of this subparagraph.
(B) 'Settlor's spouse' means the spouse of the settlor at the time of the creation of an inter vivos marital trust, regardless of whether such spouse is married to the settlor at the time of such spouse's death. (2) Subject to Article 4 of Chapter 2 of Title 18, after the death of the settlor's spouse, the assets of an inter vivos marital trust shall be deemed to have been contributed by the settlor's spouse and not by the settlor."

SECTION 14. Said chapter is further amended by revising subsections (d) and (f) of Code Section 53-12-201, relating to appointment and vacancies of trustees, as follows:
"(d) The qualified beneficiaries may appoint a trustee by unanimous consent." "(f) The petition provided for in subsection (e) of this Code section shall be served upon all qualified beneficiaries."

SECTION 15. Said chapter is further amended by revising Code Section 53-12-210, relating to compensation of trustee, as follows:
"53-12-210. (a) Trustees shall be compensated in accordance with either the trust instrument or any separate written agreement between the trustee and the settlor. After the settlor's death or incapacity or while the trust is irrevocable, the trust instrument or the agreement relating to such trustee's compensation may be modified as follows:
(1) All qualified beneficiaries may by unanimous consent modify the trust instrument or agreement relating to the trustee's compensation without receiving the approval of any court; and (2) By petition pursuant to Code Section 53-12-61. (b) If there is no provision for trustee compensation in the trust instrument and there is no separate written agreement between the trustee and the settlor relating to such trustee's

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compensation, a separate written agreement relating to such trustee's compensation may be entered into between such trustee and the qualified beneficiaries as follows:
(1) All qualified beneficiaries may by unanimous consent enter into an agreement relating to such trustee's compensation without receiving the approval of any court; or (2) Any qualified beneficiary may petition the court to approve an agreement relating to such trustee's compensation. Such petition shall be served upon all qualified beneficiaries. (c) In cases other than those described in subsections (a) and (b) of this Code section, the trustee shall be entitled to compensation as follows: (1) With respect to a corporate trustee, its published fee schedule, provided such fees are reasonable under the circumstances; and (2) With respect to an individual trustee:
(A) One percent of cash and the fair market value of any other principal asset received upon the initial funding of the trust and at such time as additional principal assets are received; and (B) An annual fee calculated in accordance with the following schedule based upon the cash and the market value of the other principal assets valued as of the last day of the trust accounting year prorated based on the length of service by such trustee during that year:

If the cash and market value of the other principal assets are:

Annual fee:

$500,000.00 or less. . . . . . . . . . . . . . . 1.75 percent of the cash and market value of the other principal assets.

More than $500,000.00 but less than $8,750.00 plus 1.25 percent of the excess $1 million. . . . . . . . . . . . . . . . . . . . . . . over $500,000.00.

More than $1 million but less than $2 million. . . . . . . . . . . . . . . . . . . . . . . . .
More than $2 million but less than $5 million. . . . . . . . . . . . . . . . . . . . . . . . .
More than $5 million. . . . . . . . . . . . . .

$15,000.00 plus 1.00 percent of the excess over $1 million.
$25,000.00 plus 0.85 percent of the excess over $2 million.
$50,500.00 plus 0.50 percent of the excess over $5 million."

SECTION 16. Said chapter is further amended by revising subsection (a) of Code Section 53-12-212, relating to extra compensation, as follows:
"(a) A trustee who is receiving compensation as described in subsection (c) of Code Section 53-12-210 may petition the court for compensation that is greater than the

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compensation allowed under that subsection. Notice of the petition for extra compensation shall be given to all qualified beneficiaries."

SECTION 17. Said chapter is further amended by revising Code Section 53-12-220, relating to resignation of trustee, as follows:
"53-12-220. (a) A trustee may resign:
(1) In the manner and under the circumstances described in the trust instrument; (2) Upon at least 30 days' written notice to the qualified beneficiaries, the settlor, if living, and all cotrustees; or (3) Upon a trustee's petition to the court. (b) The petition to the court provided for in paragraph (3) of subsection (a) of this Code section shall be served upon all qualified beneficiaries. In approving a trustee's resignation, the court may issue orders and impose conditions reasonably necessary for the protection of the trust property. (c) The resignation of a trustee shall not relieve such trustee from liability for any actions prior to the resignation except to the extent such trustee is relieved by the court in the appropriate proceeding or to the extent relieved by the trust instrument. (d) If the resignation would create a vacancy required to be filled, then the trustee's resignation shall not be effective until the successor trustee accepts the trust and the resigning trustee shall remain liable for any actions until such acceptance, except as such liability may be limited by court order or the trust instrument."

SECTION 18. Said chapter is further amended by revising subsection (a) of Code Section 53-12-242, relating to duty to inform as to the existence of trust, as follows:
"(a) Within 60 days after the date of creation of an irrevocable trust or of the date on which a revocable trust becomes irrevocable, the trustee shall notify the qualified beneficiaries of such trust of the existence of such trust and the name and mailing address of such trustee."

SECTION 19. Said chapter is further amended by revising subsection (a) of Code Section 53-12-243, relating to duty to provide reports and accounts, as follows:
"(a) On reasonable request by any qualified beneficiary, the trustee shall provide the qualified beneficiary with a report of information, to the extent relevant to that beneficiary's interest, about the assets, liabilities, receipts, and disbursements of the trust, the acts of the trustee, and the particulars relating to the administration of such trust, including the trust provisions that describe or affect such beneficiary's interest."

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SECTION 20. Said chapter is further amended by revising Code Section 53-12-261, relating to powers of trustees, as follows:
"53-12-261. (a) A trustee of an express trust, without court authorization, shall be authorized to exercise:
(1) Powers conferred by the trust instrument; and (2) Except as limited by the trust instrument:
(A) All powers over the trust property that an unmarried competent owner has over individually owned property; (B) Any other powers appropriate to achieve the proper investment, management, and distribution of the trust property; and (C) Any other powers conferred by this chapter. (b) Without limiting the authority conferred by subsection (a) of this Code section, a trustee of an express trust, without court authorization, shall be authorized: (1) To sell, exchange, grant options upon, partition, or otherwise dispose of any property or interest therein which the fiduciary may hold from time to time, at public or private sale or otherwise, with or without warranties or representations, upon such terms and conditions, including credit, and for such consideration as the fiduciary deems advisable and to transfer and convey the property or interest therein which is at the disposal of the fiduciary, in fee simple absolute or otherwise, free of all trust. The party dealing with the fiduciary shall not be under a duty to follow the proceeds or other consideration received; (2) To invest and reinvest in any property which the fiduciary deems advisable, including, but not limited to, common or preferred stocks, bonds, debentures, notes, mortgages, or other securities, in or outside the United States; insurance contracts on the life of any beneficiary or of any person in whom a beneficiary has an insurable interest or in annuity contracts for any beneficiary; any real or personal property; investment trusts, including the securities of or other interests in any open-end or closed-end management investment company or investment trust registered under the federal Investment Company Act of 1940, 15 U.S.C. Section 80a-1, et seq.; and participations in common trust funds; (3) To the extent and upon such terms and conditions and for such periods of time as the fiduciary shall deem necessary or advisable, to continue or participate in the operation of any business or other enterprise, whatever its form or organization, including, but not limited to, the power: (A) To effect incorporation, dissolution, or other change in the form of the organization of the business or enterprise; (B) To dispose of any interest therein or acquire the interest of others therein; (C) To contribute or invest additional capital thereto or to lend money thereto in any such case upon such terms and conditions as the fiduciary shall approve from time to time; and

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(D) To determine whether the liabilities incurred in the conduct of the business are to be chargeable solely to the part of the property held by the fiduciary set aside for use in the business or to the property held by the fiduciary as a whole. In all cases in which the fiduciary is required to file accounts in any court or in any other public office, it shall not be necessary to itemize receipts, disbursements, and distributions of property; but it shall be sufficient for the fiduciary to show in the account a single figure or consolidation of figures, and the fiduciary shall be permitted to account for money and property received from the business and any payments made to the business in lump sum without itemization; (4) To form a corporation or other entity and to transfer, assign, and convey to the corporation or entity all or any part of the property held by the fiduciary in exchange for the stock, securities, or obligations of or other interests in any such corporation or entity and to continue to hold the stock, securities, obligations, and interests; (5) To continue any farming operation and to do any and all things deemed advisable by the fiduciary in the management and maintenance of the farm and the production and marketing of crops and dairy, poultry, livestock, orchard, and forest products, including, but not limited to, the power: (A) To operate the farm with hired labor, tenants, or sharecroppers; (B) To lease or rent the farm for cash or for a share of the crops; (C) To purchase or otherwise acquire farm machinery, equipment, and livestock; (D) To construct, repair, and improve farm buildings of all kinds needed, in the fiduciary's judgment, for the operation of the farm; (E) To make or obtain loans or advances at the prevailing rate or rates of interest for farm purposes, such as for production, harvesting, or marketing; or for the construction, repair, or improvement of farm buildings; or for the purchase of farm machinery, equipment, or livestock; (F) To employ approved soil conservation practices, in order to conserve, improve, and maintain the fertility and productivity of the soil; (G) To protect, manage, and improve the timber and forest on the farm and to sell the timber and forest products when it is to the best interest of the persons to whom the fiduciary owes a duty of care; (H) To ditch, dam, and drain damp or wet fields and areas of the farm when and where needed; (I) To engage in the production of livestock, poultry, or dairy products and to construct such fences and buildings and to plant pastures and crops as may be necessary to carry on such operations; (J) To market the products of the farm; and (K) In general, to employ good husbandry in the farming operation; (6) To manage real property: (A) To improve, manage, protect, and subdivide any real property; (B) To dedicate, or withdraw from dedication, parks, streets, highways, or alleys;

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(C) To terminate any subdivision or part thereof; (D) To borrow money for the purposes authorized by this paragraph for the periods of time and upon the terms and conditions as to rates, maturities, and renewals as the fiduciary shall deem advisable and to mortgage or otherwise encumber the property or part thereof, whether in possession or reversion; (E) To lease the property or part thereof, the lease to commence at the present or in the future, upon the terms and conditions, including options to renew or purchase, and for the period or periods of time as the fiduciary deems advisable even though the period or periods may extend beyond the duration of the estate or trust; (F) To make gravel, sand, oil, gas, and other mineral leases, contracts, licenses, conveyances, or grants of every nature and kind which are lawful in the jurisdiction in which the property lies; (G) To manage and improve timber and forests on the property, to sell the timber and forest products, and to make grants, leases, and contracts with respect thereto; (H) To modify, renew, or extend leases; (I) To employ agents to rent and collect rents; (J) To create easements and to release, convey, or assign any right, title, or interest with respect to any easement on the property or part thereof; (K) To erect, repair, or renovate any building or other improvement on the property and to remove or demolish any building or other improvement in whole or in part; and (L) To deal with the property and every part thereof in all other ways and for such other purposes or considerations as it would be lawful for any person owning the same to deal with such property either in the same or in different ways from those specified elsewhere in this paragraph; (7) To lease personal property held by the fiduciary or part thereof, the lease to commence at the present or in the future, upon the terms and conditions, including options to renew or purchase, and for the period or periods of time as the fiduciary deems advisable even though the period or periods may extend beyond the duration of the estate or trust; (8)(A) To pay debts, taxes, assessments, compensation of the fiduciary, and other expenses incurred in the collection, care, administration, and protection of the property held by the fiduciary; and (B) To pay from the estate or trust all charges that the fiduciary deems necessary or appropriate to comply with laws regulating environmental conditions and to remedy or ameliorate any such conditions which the fiduciary determines adversely affect the property held by the fiduciary or otherwise are liabilities of the estate or trust and to apportion all such charges among the several bequests and trusts and the interests of the beneficiaries in such manner as the fiduciary deems fair, prudent, and equitable under the circumstances; (9) To receive additional property from any source and to administer the additional property as a portion of the appropriate estate or trust under the management of the

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fiduciary, provided that the fiduciary shall not be required to receive the property without the fiduciary's consent; (10) In dealing with one or more fiduciaries of the estate or any trust created by the decedent or the settlor or any spouse or child of the decedent or settlor and irrespective of whether the fiduciary is a personal representative or trustee of such other estate or trust:
(A) To sell real or personal property of the estate or trust to such fiduciary or to exchange such property with such fiduciary upon such terms and conditions as to sale price, terms of payment, and security as shall seem advisable to the fiduciary; and the fiduciary shall be under no duty to follow the proceeds of any such sale; and (B) To borrow money from the estate or trust for such periods of time and upon such terms and conditions as to rates, maturities, renewals, and securities as the fiduciary shall deem advisable for the purpose of paying debts of the decedent or settlor, taxes, the costs of the administration of the estate or trust, and like charges against the estate or trust or any part thereof or of discharging any other liabilities of the estate or trust and to mortgage, pledge, or otherwise encumber such portion of the estate or trust as may be required to secure the loan and to renew existing loans; (11) To borrow money for such periods of time and upon such terms and conditions as to rates, maturities, renewals, and security as the fiduciary shall deem advisable for the purpose of paying debts, taxes, or other charges against the estate or trust or any part thereof and to mortgage, pledge, or otherwise encumber such portion of the property held by the fiduciary as may be required to secure the loan and to renew existing loans either as maker or endorser; (12) To make loans out of the property held by the fiduciary, including loans to a beneficiary on terms and conditions the fiduciary considers to be fair and reasonable under the circumstances, and the fiduciary has a lien on future distributions for repayment of those loans; (13) To vote shares of stock or other ownership interests held by the fiduciary, in person or by proxy, with or without power of substitution; (14) To hold a security in the name of a nominee or in other form without disclosure of the fiduciary relationship, so that title to the security may pass by delivery; but the fiduciary shall be liable for any act of the nominee in connection with the security so held; (15) To exercise all options, rights, and privileges to convert stocks, bonds, debentures, notes, mortgages, or other property into other stocks, bonds, debentures, notes, mortgages, or other property; to subscribe for other or additional stocks, bonds, debentures, notes, mortgages, or other property; and to hold the stocks, bonds, debentures, notes, mortgages, or other property so acquired as investments of the estate or trust so long as the fiduciary shall deem advisable; (16) To unite with other owners of property similar to any which may be held at any time by the fiduciary, in carrying out any plan for the consolidation or merger, dissolution or liquidation, foreclosure, lease, or sale of the property or the incorporation or reincorporation, reorganization, or readjustment of the capital or financial structure of any

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corporation, company, or association the securities of which may form any portion of an estate or trust; to become and serve as a member of a shareholders' or bondholders' protective committee; to deposit securities in accordance with any plan agreed upon; to pay any assessments, expenses, or sums of money that may be required for the protection or furtherance of the interest of the beneficiaries to whom the fiduciary owes a duty of care with reference to any such plan; and to receive as investments of the estate or trust any securities issued as a result of the execution of such plan; (17) To adjust the interest rate from time to time on any obligation, whether secured or unsecured, constituting a part of the estate or trust; (18) To continue any obligation, whether secured or unsecured, upon and after maturity, with or without renewal or extension, upon such terms as the fiduciary shall deem advisable, without regard to the value of the security, if any, at the time of the continuance; (19) To foreclose, as an incident to the collection of any bond, note, or other obligation, any deed to secure debt or any mortgage, deed of trust, or other lien securing the bond, note, or other obligation and to bid in the property at the foreclosure sale or to acquire the property by deed from the mortgagor or obligor without foreclosure; and to retain the property so bid in or taken over without foreclosure; (20) To carry such insurance coverage as the fiduciary shall deem advisable; (21) To collect, receive, and issue receipts for rents, issues, profits, and income of the estate or trust;
(22)(A) To compromise, adjust, mediate, arbitrate, or otherwise deal with and settle claims involving the fiduciary or the property held by the fiduciary; (B) To compromise, adjust, mediate, arbitrate, bring or defend actions on, abandon, or otherwise deal with and settle claims in favor of or against the estate or trust as the fiduciary shall deem advisable; the fiduciary's decision shall be conclusive between the fiduciary and the beneficiaries to whom the fiduciary owes a duty of care and the person against or for whom the claim is asserted, in the absence of fraud by such persons and, in the absence of fraud, bad faith, or gross negligence of the fiduciary, shall be conclusive between the fiduciary and the beneficiaries to whom the fiduciary owes a duty of care; and (C) To compromise all debts, the collection of which are doubtful, belonging to the estate or trust when such settlements will advance the interests of those represented; (23) To employ and compensate, out of income or principal or both and in such proportion as the fiduciary shall deem advisable, persons deemed by the fiduciary needful to advise or assist in the administration of the estate or trust, including, but not limited to, agents, accountants, brokers, attorneys at law, attorneys in fact, investment brokers, rental agents, realtors, appraisers, and tax specialists; and to do so without liability for any neglect, omission, misconduct, or default of the agent or representative, provided such person was selected and retained with due care on the part of the fiduciary;

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(24) To acquire, receive, hold, and retain undivided the principal of several trusts created by a single trust instrument until division shall become necessary in order to make distributions; to hold, manage, invest, reinvest, and account for the several shares or parts of shares by appropriate entries in the fiduciary's books of account and to allocate to each share or part of share its proportionate part of all receipts and expenses; provided, however, that this paragraph shall not defer the vesting in possession of any share or part of share of the trust; (25) To set up proper and reasonable reserves for taxes, assessments, insurance premiums, depreciation, obsolescence, amortization, depletion of mineral or timber properties, repairs, improvements, and general maintenance of buildings or other property out of rents, profits, or other income received; (26) To value property held by the fiduciary and to distribute such property in cash or in kind, or partly in cash and partly in kind, in divided or undivided interests, as the fiduciary finds to be most practical and in the best interest of the distributees, the fiduciary being able to distribute types of assets differently among the distributees; (27) To transfer money or other property distributable to a beneficiary who is under age 21, an adult for whom a guardian or conservator has been appointed, or an adult who the fiduciary reasonably believes is incapacitated by distributing such money or property directly to the beneficiary or applying it for the beneficiary's benefit, or by:
(A) Distributing it to the beneficiary's conservator or, if the beneficiary does not have a conservator, the beneficiary's guardian; (B) Distributing it to the beneficiary's custodian under 'The Georgia Transfers to Minors Act' or similar state law and, for that purpose, creating a custodianship and designating a custodian; (C) Distributing it to the beneficiary's custodial trustee under the Uniform Custodial Trust Act as enacted in another state and, for that purpose, creating a custodial trust; or (D) Distributing it to any other person, whether or not appointed guardian or conservator by any court, who shall, in fact, have the care and custody of the person of the beneficiary. The fiduciary shall not be under any duty to see to the application of the distributions so made if the fiduciary exercised due care in the selection of the person, including the beneficiary, to whom the payments were made; and the receipt of the person shall be full acquittance to the fiduciary; (28) To determine: (A) What is principal and what is income of any estate or trust and to allocate or apportion receipts and expenses, as between principal and income, in the exercise of the fiduciary's discretion and, by way of illustration and not limitation of the fiduciary's discretion, to charge premiums on securities purchased at a premium against principal or income or partly against each; (B) Whether to apply stock dividends and other noncash dividends to income or principal or to apportion them as the fiduciary shall deem advisable; and

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(C) What expenses, costs, and taxes, other than estate, inheritance, and succession taxes and other governmental charges, shall be charged against principal or income or apportioned between principal and income and in what proportions; (29) To make, modify, and execute contracts and other instruments, under seal or otherwise, as the fiduciary deems advisable; and (30) To serve without making and filing inventory and appraisement, without filing any annual or other returns or reports to any court, and without giving bond; but a personal representative shall furnish to the income beneficiaries, at least annually, a statement of receipts and disbursements. (c) The exercise of a power shall be subject to the fiduciary duties prescribed by this chapter. (d) If a probate court grants to a personal representative any of the powers contained in this Code section, then as used in this Code section the term: (1) 'Beneficiary' includes a distributee of the estate; (2) 'Trust' includes the estate held by the personal representative; and (3) 'Trustee' or 'fiduciary' includes the personal representative.

SECTION 21. Said chapter is further amended by revising subsections (d) and (e) of Code Section 53-12-263, relating to incorporation of powers by reference, as follows:
"(d)(1) A provision in any will or trust instrument which incorporates powers by citation to Georgia Laws 1973, page 846; Code 1933, Section 108-1204 (Harrison); former Code Section 53-12-232 or 53-15-3; or Code Section 15-12-261, which were in effect at the time the trust was created and which was valid under the law in existence at the time the will was signed by the testator or at the time of the signing by the first settlor who signed the trust instrument shall be effective notwithstanding the subsequent repeal or amendment of such statute. (2) A provision in any will or trust instrument which was signed by the testator or by the first settlor to sign after June 30, 1991, but before July 1, 1992, and which incorporates powers by citation to former Code Section 53-15-3 in effect on the date of such signing shall be deemed to mean and refer to the corresponding powers contained in former Code Section 53-12-232. (e) If any or all of the powers contained in this part are incorporated by reference into a will by a testator, then as used in this part the term: (1) 'Beneficiary' includes a distributee of the estate. (2) 'Trust' includes the estate held by the personal representative; and (3) 'Trustee' or 'fiduciary' includes the personal representative."

SECTION 22. Said chapter is further amended by revising Code Section 53-12-264, relating to granting of powers by qualified beneficiaries, as follows:

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"53-12-264. The qualified beneficiaries of a trust that omits any of the powers in Code Section 53-12-261 may by unanimous consent authorize but not require the court to grant to the trustee those powers."

SECTION 23. Said chapter is further amended by revising Code Section 53-12-303, relating to relief of liability, as follows:
"53-12-303. (a) No provision in a trust instrument shall be effective to relieve the trustee of liability for a breach of trust committed in bad faith or with reckless indifference to the interests of the beneficiaries. (b) A trustee of a revocable trust shall not be liable to a beneficiary for any act performed or omitted pursuant to written direction from a person holding the power to revoke, including a person to whom the power to revoke the trust is delegated. If the trust is revocable in part, then this subsection shall apply with respect to the interest of the beneficiary in that part of the trust property."

SECTION 24. Said chapter is further amended by revising subsection (a) of Code Section 53-12-362, relating to conversion to unitrust, as follows:
"(a) Unless expressly prohibited by the trust instrument, a trustee may release the power to adjust under Code Section 53-12-361 and convert a trust into a unitrust as described in this Code section if:
(1) The trustee determines that the conversion will enable such trustee to better carry out the intent of the settlor or testator and the purposes of the trust; (2) The trustee gives written notice of such trustee's intention to release the power to adjust and to convert the trust into a unitrust and of how the unitrust will operate, including what initial decisions such trustee will make under this Code section, to:
(A) The settlor, if living; (B) All living persons who are currently receiving or eligible to receive distributions of income of the trust; and (C) Without regard to the exercise of any power of appointment, all living persons who would receive principal of the trust if the trust were to terminate at the time of the giving of such notice and all living persons who would receive or be eligible to receive distributions of income or principal of the trust if the interests of all of the beneficiaries currently eligible to receive income under subparagraph (B) of this paragraph were to terminate at the time of the giving of such notice."

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SECTION 25. Said chapter is further amended by adding a new article to read as follows:

"ARTICLE 18

53-12-500. As used in this article, the term:
(1) 'Directed trustee' means a trustee that is subject to a trust director's power of direction. (2) 'Power of appointment' means a power that enables a person, acting in a nonfiduciary capacity, to designate a recipient of either an ownership interest in or another power of appointment over trust property. (3) 'Power of direction' means a power over a trust granted to a person by the trust instrument to the extent the power is exercisable while the person is not serving as a trustee. Such term includes a power over the administration of the trust or the investment, management, or distribution of the trust property; a power to consent to a trustee's actions, whether through exercise of an affirmative power to consent or through nonexercise of a veto power over a trustee's actions, when a trustee may not act without such consent; a power to represent a beneficiary, other than a power under Code Section 53-12-8; and, except as otherwise provided in the trust instrument, any further powers appropriate to the exercise or nonexercise of such powers. Such term shall exclude the powers described in subsection (b) of Code Section 53-12-501. (4) 'Trust director' means a person that is granted a power of direction by a trust to the extent the power is exercisable while the person is not serving as a trustee, regardless of how the trust instrument refers to such person and regardless of whether the person is a beneficiary or settlor of the trust.

53-12-501. (a) This article shall apply when the trust instrument evidences the settlor's intent to provide for the office and function of a trust director, regardless of the terms used to describe such office and functions. (b) This article shall not apply to:
(1) A power of appointment; (2) A power to appoint or remove a trustee or trust director; (3) A power of a settlor to revoke the trust or amend the trust instrument; (4) A power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of the beneficiary or a person represented by the beneficiary under Code Section 53-12-8 with respect to the exercise or nonexercise of the power; or (5) A power over a trust if:
(A) The terms of the trust provide such power is held in a nonfiduciary capacity; and

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(B) Such power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives. (c) Except as otherwise provided in the trust instrument, for purposes of this Code section a power that is both a power of appointment and a power of direction shall be deemed a power of appointment and not a power of direction.

53-12-502. (a) Subject to this Code section, a trust instrument may grant powers of direction to a trust director. (b) A trust director shall be subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction regarding:
(1) A payback provision in the trust necessary to comply with the reimbursement requirements of Medicaid law in Section 1917 of the Social Security Act, 42 U.S.C. Section 1396p(d)(4)(A), as it existed on February 1, 2018, and regulations issued thereunder; and (2) A charitable interest in the trust. (c) The powers of direction of a trust director who is also a beneficiary shall be subject to the limitations of Code Section 53-12-270. (d) In the case of a power to modify the trust: (1) The duties or liabilities of a trustee may not be enlarged without the trustee's express consent; and (2) A trustee shall not be liable for failing to act in accordance with a modification or termination of a trust of which the trustee had no notice.

53-12-503. (a) Except as otherwise provided in this Code section, with respect to a power of direction:
(1) A trust director shall have the same fiduciary duty and liability in the exercise or nonexercise of the power of direction as a trustee in a like position and under similar circumstances; and (2) The trust instrument may vary the trust director's duty or liability to the same extent the trust instrument could vary the duty or liability of a trustee in a like position and under similar circumstances. (b) A trust instrument may make the existence of a trust director's power of direction contingent upon the occurrence of certain events, including, but not limited to, a request to the trust director from a beneficiary or other similar party. (c) A trust instrument may empower a trust director to delegate a power of direction to a trustee and provide that, upon written acceptance of such delegation by the trustee, the trustee shall assume the fiduciary duties and liabilities conferred by the power of direction until such time as the trust director or trustee terminates the delegation by written notice. (d) Subject to subsection (g) of this Code section, a trust director shall:

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(1) Keep trustees and other trust directors reasonably informed of the exercise or nonexercise of the trust director's power of direction to the extent such exercise or nonexercise is relevant to the party's powers and duties regarding the trust; and (2) Respond to reasonable requests from trustees and other trust directors for information to the extent such information is relevant to the party's powers and duties regarding the trust. (e) A trust director acting in reliance on information provided by a trustee or another trust director shall not be liable for a breach of trust to the extent the breach resulted from such reliance, unless by so acting the trust director engages in willful misconduct. (f) Except as otherwise provided in the trust instrument, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than this article to provide health care in the ordinary course of the trust director's business or practice of a profession, to the extent the trust director acts in such capacity, the trust director shall have no duty or liability under this article. (g)(1) Except as otherwise provided in the trust instrument, a trust director shall not have a duty to:
(A) Monitor a trustee or another trust director regarding matters outside the scope of the trust director's powers of direction; or (B) Inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the director might have acted differently than a trustee or another trust director. (2) By taking one of the actions described in paragraph (1) of this subsection, a trust director shall not assume any of the duties excluded by this subsection. (h) A trust instrument may impose a duty or liability on a trust director in addition to the duties and liabilities under this Code section. (i) A trust director that has reasonable doubt about a duty imposed by this Code section may petition the court for instructions.

53-12-504. (a) Unless compliance by the directed trustee would clearly constitute willful misconduct on the part of the directed trustee, a directed trustee shall take reasonable action to comply with a trust director's exercise or nonexercise of a power of direction and shall not be liable for such action. (b) Subject to subsection (e) of this Code section, a directed trustee shall:
(1) Account at least annually to a trust director as if the trust director were a qualified beneficiary of an irrevocable trust to whom income is required or authorized in the trustee's discretion to be distributed; and (2) Respond to reasonable requests from a trust director for information to the extent such information is relevant to the party's interest in or trust director's powers and duties regarding the trust.

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(c) A directed trustee acting in reliance on information provided by a trust director shall not be liable for a breach of trust to the extent the breach resulted from such reliance, unless by so acting the directed trustee engages in willful misconduct. (d) A trustee shall not be liable for a failure to sufficiently report or provide information to a beneficiary or other party when such failure is related to the failure of a trust director to provide information to the trustee.
(e)(1) Except as otherwise provided in the trust instrument, a trustee shall not have a duty to:
(A) Monitor, investigate, review, or evaluate a trust director, including a trust director's actions or inactions; (B) Provide any accountings, reports, or other information to a trust director beyond that required by subsection (b) of this Code Section; (C) Advise a trust director regarding the scope, nature, execution, standard of care, potential liability, or other aspects of their status as trust director; (D) Take any action in response to willful misconduct by the trust director other than the refusal to comply with such direction; (E) Attempt to compel a trust director to act or not act; (F) Petition the court regarding a trust director's action, inaction, capacity, or any similar matter; or (G) Inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently than the trust director. (2) By taking one of the actions described in paragraph (1) of this Code section, a directed trustee does not assume any of the duties excluded by this subsection. (f) An exercise of a power of direction under which a trust director may release a trustee from liability for breach of trust shall not be effective if the release was induced by willful misconduct or the provision of false or incomplete information by the trustee. (g) A directed trustee that has reasonable doubt about a duty imposed by this Code section may petition the court for instructions.

53-12-505. A trust instrument may relieve a cotrustee from duty and liability with respect to another cotrustee's exercise or nonexercise of a power of the other cotrustee to the same extent that a directed trustee is relieved from duty and liability with respect to a trust director's power of direction under this article.

53-12-506. (a) Except as otherwise provided in the trust instrument, the rules applicable to a trustee shall apply to a trust director regarding:
(1) Appointment and vacancies under Code Section 53-12-201; (2) Acceptance under Code Section 53-12-202; (3) Giving of a bond under Code Section 53-12-203;

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(4) Co-trustees under Code Section 53-12-204; (5) Compensation and reimbursement of expenses under Code Sections 53-12-210 through 53-12-214; (6) Resignation under Code Section 53-12-220; (7) Removal under Code Section 53-12-221; and (8) Service under Code Section 53-12-320. (b) In an action against a trust director for breach of trust, the trust director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee. (c) By accepting appointment as a trust director of a trust subject to this article, a trust director submits to personal jurisdiction of the courts of this state regarding any matter related to a power or duty of a trust director. This subsection shall not preclude use of another method to obtain jurisdiction over a trust director."

SECTION 26. All laws and parts of laws in conflict with this Act are repealed.

Approved May 3, 2018.

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MOTOR VEHICLES AND TRAFFIC REVENUE AND TAXATION TITLE AD VALOREM TAXES; REVISE VARIOUS PROVISIONS; TEMPORARY LICENSE PLATES; TITLE APPLICATIONS AND REGISTRATION; CONDITIONAL TITLES.

No. 367 (House Bill No. 329).

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 for the fair market value determination of kit cars; to change the manner of distribution of the proceeds of such tax; to provide for fees of the tag agent; to provide for the promulgation of a standardized form; to provide for the submission of title applications and title ad valorem tax fees by dealers; to provide for penalties for failure to timely submit title applications and title ad valorem tax fees; to provide for the tax amounts on vehicles which were registered in other states; to provide for tax amount on certain vehicles; to provide for certain refunds; to provide for transfers as a result of a divorce decree or court order; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for an expiration

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period for temporary license plates; to require that applications be submitted to the county where the vehicle will be registered; to provide for extensions of the registration period under certain circumstances; to provide for conditional titles for certain motor vehicles; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5C of Title 48 of the Official Code of Georgia Annotated, relating to alternative ad valorem tax on motor vehicles, is amended by revising 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:
"48-5C-1. (a) As used in this Code section, the term:
(1) 'Fair market value of the motor vehicle' means: (A) For a used motor vehicle, the average of the current fair market value and the current wholesale value of a motor vehicle for a vehicle listed in the current motor vehicle ad valorem assessment manual utilized by the state revenue commissioner and based upon a nationally recognized motor vehicle industry pricing guide for fair market and wholesale market values in determining the taxable value of a motor vehicle under Code Section 48-5-442, and, in the case of a used car dealer, less any reduction for the trade-in value of another motor vehicle; (B) For a used motor vehicle which is not listed in such current motor vehicle ad valorem assessment manual, the value from the bill of sale or the value from a reputable used car market guide designated by the commissioner, whichever is greater, and, in the case of a used car dealer, less any reduction for the trade-in value of another motor vehicle; (C) Upon written application and supporting documentation submitted by an applicant under this Code section, a county tag agent may deviate from the fair market value as defined in subparagraph (A), (B), or (D) of this paragraph based upon mileage and condition of the used vehicle. Supporting documentation may include, but not be limited to, bill of sale, odometer statement, and values from reputable pricing guides. The fair market value as determined by the county tag agent pursuant to this subparagraph shall be appealable as provided in subsection (e) of this Code section; (D) For a new motor vehicle, the greater of the retail selling price or the average of the current fair market value and the current wholesale value of a motor vehicle for a vehicle listed in the current motor vehicle ad valorem assessment manual utilized by the state revenue commissioner in determining the taxable value of a motor vehicle under Code Section 48-5-442, less any reduction for the trade-in value of another motor vehicle and any rebate. The retail selling price shall include any charges for labor, freight, delivery,

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dealer fees and similar charges, tangible accessories, dealer add-ons, and mark-ups, but shall not include any federal retailers' excise tax or extended warranty, service contract, maintenance agreement, or similar products itemized on the dealer's invoice to the customer or any finance, insurance, and interest charges for deferred payments billed separately. No reduction for the trade-in value of another motor vehicle shall be taken unless the name of the owner and the vehicle identification number of such trade-in motor vehicle are shown on the bill of sale; (E) For a motor vehicle that is leased:
(i) In the case of a motor vehicle that is leased to a lessee for use primarily in the lessee's trade or business and for which the lease agreement contains a provision for the adjustment of the rental price as described in Code Section 40-3-60, the agreed upon value of the motor vehicle less any reduction for the trade-in value of another motor vehicle and any rebate; or (ii) In the case of a motor vehicle that is leased other than described in division (i) of this subparagraph, the total of the base payments pursuant to the lease agreement plus any down payments. The term 'any down payments' as used in this subparagraph shall mean cash collected from the lessee at the inception of the lease which shall include cash supplied as a capital cost reduction; shall not include rebates, noncash credits, or net trade allowances; and shall include any upfront payments collected from the lessee at the inception of the lease except for taxes or fees imposed by law and monthly lease payments made in advance; or (F) For a kit car which is assembled by the purchaser from parts supplied by a manufacturer, the greater of the retail selling price of the kit or the average of the current fair market value and the current wholesale value of the motor vehicle if listed in the current motor vehicle ad valorem assessment manual utilized by the state revenue commissioner and based upon a nationally recognized motor vehicle industry pricing guide for fair market and wholesale market values in determining the taxable value of a motor vehicle under Code Section 48-5-442. A kit car shall not include a rebuilt or salvage vehicle. (2) 'Immediate family member' means spouse, parent, child, sibling, grandparent, or grandchild. (3) 'Loaner vehicle' means a motor vehicle owned by a dealer which is withdrawn temporarily from dealer inventory for exclusive use as a courtesy vehicle loaned at no charge for a period not to exceed 30 days within a 366 day period to any one customer whose motor vehicle is being serviced by such dealer. (4) 'Rental charge' means the total value received by a rental motor vehicle concern for the rental or lease for 31 or fewer consecutive days of a rental motor vehicle, including the total cash and nonmonetary consideration for the rental or lease, including, but not limited to, charges based on time or mileage and charges for insurance coverage or collision damage waiver but excluding all charges for motor fuel taxes or sales and use taxes.

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(5) 'Rental motor vehicle' means a motor vehicle designed to carry 15 or fewer passengers and used primarily for the transportation of persons that is rented or leased without a driver. (6) 'Rental motor vehicle concern' means a person or legal entity which owns or leases five or more rental motor vehicles and which regularly rents or leases such vehicles to the public for value. (7) 'Trade-in value' means the value of the motor vehicle as stated in the bill of sale for a vehicle which has been traded in to the dealer in a transaction involving the purchase of another vehicle from the dealer.
(b)(1)(A) Except as otherwise provided in this subsection, any motor vehicle for which a title is issued in this state on or after March 1, 2013, shall be exempt from sales and use taxes to the extent provided under paragraph (95) of Code Section 48-8-3 and shall not be subject to the ad valorem tax as otherwise required under Chapter 5 of this title. Any such motor vehicle shall be titled as otherwise required under Title 40 but shall be subject to a state title fee and a local title fee which shall be alternative ad valorem taxes as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. Motor vehicles registered under the International Registration Plan shall not be subject to state and local title ad valorem tax fees but shall continue to be subject to apportioned ad valorem taxation under Article 10 of Chapter 5 of this title.
(B)(i) Reserved. (ii) The combined state and local title ad valorem tax shall be at a rate equal to 7 percent of the fair market value of the motor vehicle. (iii) Beginning on July 1, 2019, the state and local title ad valorem tax proceeds each month shall be distributed by each county remitting 35 percent of the funds to the state revenue commissioner as provided in subparagraph (c)(2)(A) of this Code section and distributing 65 percent of the funds as provided in paragraph (3) of subsection (c) of this Code section. (iv) The state revenue commissioner shall promulgate such rules and regulations as may be necessary and appropriate to implement and administer this Code section, including, but not limited to, rules and regulations regarding appropriate public notification of rate amounts and rules and regulations regarding appropriate enforcement and compliance procedures and methods for the implementation and operation of this Code section. The state revenue commissioner shall promulgate a standardized form to be used by all dealers of new and used vehicles in this state in order to ease the administration of this Code section. The state revenue commissioner may promulgate and implement rules and regulations as may be necessary to permit seller financed sales of used vehicles to be assessed 2.5 percentage points less than the rate specified in division (ii) of this subparagraph. (C) The application for title and the state and local title ad valorem tax fees provided for in subparagraph (A) of this paragraph shall be paid to the tag agent in the county where the motor vehicle is to be registered and shall be paid at the time the application for a

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certificate of title is submitted or, in the case of an electronic title transaction, at the time when the electronic title transaction is finalized. In an electronic title transaction, the state and local title ad valorem tax fees shall be remitted electronically directly to the county tag agent. A dealer of new or used motor vehicles shall make such application for title and state and local title ad valorem tax fees on behalf of the purchaser of a new or used motor vehicle for the purpose of submitting or, in the case of an electronic title application, finalizing such title application and remitting state and local title ad valorem tax fees. The state and local title ad valorem tax fees provided for in this chapter shall be imposed on the purchaser, including a lessor, that acquires title to the motor vehicle; provided, however, that a lessor that pays such state and local title ad valorem tax fees may seek reimbursement for such state and local title ad valorem tax fees from the lessee. (D) There shall be a penalty imposed on any person who, in the determination of the commissioner, falsifies any information in any bill of sale used for purposes of determining the fair market value of the motor vehicle. Such penalty shall not exceed $2,500.00 as a state penalty and shall not exceed $2,500.00 as a local penalty as determined by the commissioner. Such determination shall be made within 60 days of the commissioner receiving information of a possible violation of this paragraph. (E) Except in the case in which an extension of the registration period has been granted by the county tag agent under Code Section 40-2-20, a dealer of new or used motor vehicles that makes an application for title and collects state and local title ad valorem tax fees from a purchaser of a new or used motor vehicle and does not submit or, in the case of an electronic title transaction, finalize such application for title and remit such state and local title ad valorem tax fees to the county tag agent within 30 days following the date of purchase shall be liable to the county tag agent for an amount equal to 5 percent of the amount of such state and local title ad valorem tax fees. An additional penalty equal to 10 percent of the amount of such state and local title ad valorem tax fees shall be imposed if such payment is not transmitted within 60 days following the date of purchase. An additional penalty equal to 15 percent of the amount of such state and local title ad valorem tax fees shall be imposed if such payment is not transmitted within 90 days following the date of purchase, and an additional penalty equal to 20 percent of the amount of such state and local title ad valorem tax fees shall be imposed if such payment is not transmitted within 120 days following the date of purchase. An additional penalty equal to 25 percent of the amount of such state and local title ad valorem tax fees shall be imposed for each subsequent 30 day period in which the payment is not transmitted. (F) A dealer of new or used motor vehicles that makes an application for title and collects state and local title ad valorem tax fees from a purchaser of a new or used motor vehicle and converts such fees to his or her own use shall be guilty of theft by conversion and, upon conviction, shall be punished as provided in Code Section 16-8-12.

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(2) A person or entity acquiring a salvage title pursuant to subsection (b) of Code Section 40-3-36 shall not be subject to the fee specified in paragraph (1) of this subsection but shall be subject to a state title ad valorem tax fee in an amount equal to 1 percent of the fair market value of the motor vehicle. Such state title ad valorem tax fee shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (c)(1) The amount of proceeds collected by tag agents each month as state and local title ad valorem tax fees, state salvage title ad valorem tax fees, administrative fees, penalties, and interest pursuant to subsection (b) of this Code section shall be allocated and disbursed as provided in this subsection. (2) For the 2013 tax year and in each subsequent tax year, the amount of such funds shall be disbursed within 20 days following the end of each calendar month as follows:
(A) State title ad valorem tax fees, state salvage title ad valorem tax fees, administrative fees, penalties, and interest shall be remitted to the state revenue commissioner who shall deposit such proceeds in the general fund of the state less an amount to be retained by the tag agent not to exceed 1 percent of the total amount otherwise required to be remitted under this subparagraph to defray the cost of administration. Such retained amount shall be remitted to the collecting county's general fund. Failure by the tag agent to disburse within such 20 day period shall result in a forfeiture of such administrative fee plus interest on such amount at the rate specified in Code Section 48-2-40; and (B) Local title ad valorem tax fees, administrative fees, penalties, and interest shall be designated as local government ad valorem tax funds. The tag agent shall then distribute the proceeds as specified in paragraph (3) of this subsection, less an amount to be retained by the tag agent not to exceed 1 percent of the total amount otherwise required to be remitted under this subparagraph to defray the cost of administration. Such retained amount shall be remitted to the collecting county's general fund. Failure by the tag agent to disburse within such 20 day period shall result in a forfeiture of such administrative fee plus interest on such amount at the rate specified in Code Section 48-2-40. (3) Beginning July 1, 2019, the portion of the title ad valorem tax fee proceeds to be retained by the county pursuant to division (b)(1)(B)(iii) of this Code section shall be distributed as follows: (A) The tag agent of the county shall within 20 days following the end of each calendar month allocate and distribute to the water and sewerage authority for which the county has levied an ad valorem tax in accordance with a local constitutional amendment, and in a county in which a sales and use tax is levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Ga. L. 1964, p. 1008, the governing body of the transportation authority created by the Metropolitan Atlanta Rapid Transit Authority Act of 1965, Ga. L. 1965, p. 2243, as amended, and the amendment to the Constitution set out at Ga. L. 1964, p. 1008, an amount of those proceeds necessary to offset any reduction in:

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(i) Ad valorem taxes on motor vehicles collected under Chapter 5 of this title on behalf of such water and sewerage authority during calendar year 2012; and (ii) With respect to the transportation authority, the monthly average portion of the sales and use tax levied for purposes of a metropolitan area system of public transportation applicable to any motor vehicle titled in a county which levied such tax in 2012. Such amount of tax under division (ii) of this subparagraph may be determined by the commissioner for counties which levied such tax in 2012, and in any counties which subsequently levy a tax pursuant to a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Ga. L. 1964, p. 1008, the governing body of the transportation authority created by the Metropolitan Atlanta Rapid Transit Authority Act of 1965, Ga. L. 1965, p. 2243, as amended, and the amendment to the Constitution set out at Ga. L. 1964, p. 1008, the commissioner may determine what amount of sales and use tax would have been collected in calendar year 2012, had such tax been levied. The amount of the reduction to be offset under this subparagraph with respect to division (i) of this subparagraph shall be calculated by the county governing authority by subtracting the amount of title ad valorem tax on motor vehicles collected under Chapter 5 of this title on behalf of such water and sewerage authority in the current calendar month from one-twelfth of the amount of such ad valorem tax on motor vehicles collected on behalf of such water and sewerage authority in calendar year 2012. The amount of the reduction to be offset under this subparagraph with respect to division (ii) of this subparagraph shall be calculated by the county governing authority by subtracting the amount of sales tax collected or determined to have been collected on such motor vehicles by the state revenue commissioner in the current calendar month in any such county from one-twelfth of the amount of sales and use tax collected, or determined to have been collected, on such motor vehicles, by the state revenue commissioner in calendar year 2012 in such county. In the event that the local title ad valorem tax proceeds are insufficient to offset fully such reduction in ad valorem taxes on motor vehicles or the portion of the sales and use tax described in division (ii) of this subparagraph, the tag agent shall allocate a proportionate amount of the proceeds to such water and sewerage authority and the transportation authority, as appropriate, and any remaining shortfall shall be paid from the following month's local title ad valorem tax fee proceeds. In the event that a shortfall remains, the tag agent shall continue to first allocate local title ad valorem tax fee proceeds to offset such shortfalls until the shortfall has been fully repaid; (B) As to the proceeds remaining after the distribution provided for in subparagraph (A) of this paragraph, with regard to the proceeds associated with and collected on motor vehicle titles for motor vehicles registered in the unincorporated areas of the county, the tag agent of the county shall within 20 days following the end of each calendar month allocate and distribute 51 percent of such proceeds to the county governing authority and

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distribute 49 percent of such proceeds to the board of education of the county school district; and (C) As to the proceeds remaining after the distribution provided for in subparagraph (A) of this paragraph, with regard to the proceeds associated with and collected on motor vehicle titles for motor vehicles registered in the incorporated areas of the county, the tag agent of the county shall within 20 days following the end of each calendar month allocate such proceeds by the municipality from which the proceeds were derived and then, for each such municipality, distribute 28 percent of such proceeds to the county governing authority and 23 percent of such proceeds to the governing authority of such municipality, and the remaining 49 percent of such proceeds shall be distributed to the board of education of the county school district; provided, however, that, if there is an independent school district in such municipality, then such remaining 49 percent of such proceeds shall be distributed to the board of education of the independent school district. (d)(1)(A) Upon the death of an owner of a motor vehicle which has not become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member or immediate family members of such owner who receive such motor vehicle pursuant to a will or under the rules of inheritance shall, subsequent to the transfer of title of such motor vehicle, continue to be subject to ad valorem tax under Chapter 5 of this title and shall not be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section unless the immediate family member or immediate family members make an affirmative written election to become subject to paragraph (1) of subsection (b) of this Code section. In the event of such election, such transfer shall be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section. (B) Upon the death of an owner of a motor vehicle which has become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member or immediate family members of such owner who receive such motor vehicle pursuant to a will or under the rules of inheritance shall be subject to a state title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle and a local title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle. Such title ad valorem tax fees shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (2)(A) Upon the transfer from an immediate family member of a motor vehicle which has not become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member or immediate family members who receive such motor vehicle shall, subsequent to the transfer of title of such motor vehicle, continue to be subject to ad valorem tax under Chapter 5 of this title and shall not be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section unless the immediate family member or immediate family members make an affirmative written election to become subject to paragraph (1) of subsection (b) of

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this Code section. In the event of such election, such transfer shall be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section. (B) Upon the transfer from an immediate family member of a motor vehicle which has become subject to paragraph (1) of subsection (b) of this Code section, the immediate family member who receives such motor vehicle shall transfer title of such motor vehicle to such recipient family member and shall be subject to a state title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle and a local title ad valorem tax fee in an amount equal to one-quarter of 1 percent of the fair market value of the motor vehicle. Such title ad valorem tax fees shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (C) Any title transfer under this paragraph shall be accompanied by an affidavit of the transferor and transferee that such persons are immediate family members to one another. There shall be a penalty imposed on any person who, in the determination of the state revenue commissioner, falsifies any material information in such affidavit. Such penalty shall not exceed $2,500.00 as a state penalty and shall not exceed $2,500.00 as a local penalty as determined by the state revenue commissioner. Such determination shall be made within 60 days of the state revenue commissioner receiving information of a possible violation of this paragraph. (3) Any individual who: (A) Is required by law to register a motor vehicle or motor vehicles in this state which were registered in the state in which such person formerly resided; and (B) Is required to file an application for a certificate of title under Code Section 40-3-21 or 40-3-32 shall be required to pay state and local title ad valorem tax fees in an amount equal to 3 percent of the fair market value of the motor vehicle. (4) The state and local title ad valorem tax fees provided for under this Code section shall not apply to corrected titles, replacement titles under Code Section 40-3-31, or titles reissued to the same owner pursuant to Code Sections 40-3-50 through 40-3-56. (5) Any motor vehicle subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section shall continue to be subject to the title, license plate, revalidation decal, and registration requirements and applicable fees as otherwise provided in Title 40 in the same manner as motor vehicles which are not subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section. (6) Motor vehicles owned or leased by or to the state or any county, consolidated government, municipality, county or independent school district, or other government entity in this state shall not be subject to the state and local title ad valorem tax fees provided for under paragraph (1) of subsection (b) of this Code section; provided, however, that such other government entity shall not qualify for the exclusion under this

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paragraph unless it is exempt from ad valorem tax and sales and use tax pursuant to general law.
(7)(A) Any motor vehicle which is exempt from sales and use tax pursuant to paragraph (30) of Code Section 48-8-3 shall be exempt from state and local title ad valorem tax fees under this subsection. (B) Any motor vehicle which is exempt from ad valorem taxation pursuant to Code Section 48-5-478, 48-5-478.1, 48-5-478.2, or 48-5-478.3 shall be exempt from state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section. (7.1)(A) As used in this paragraph, the term 'for-hire charter bus or motor coach' means a motor vehicle designed for carrying more than 15 passengers and used for the transportation of persons for compensation. (B) In the case of for-hire charter buses or motor coaches, the person applying for a certificate of title shall be required to pay title ad valorem tax fees in the amount of 50 percent of the amount which would otherwise be due and payable under this subsection at the time of filing the application for a certificate of title, and the remaining 50 percent shall be paid within 12 months following the filing of such application. (8) There shall be a penalty imposed on the transfer of all or any part of the interest in a business entity that includes primarily as an asset of such business entity one or more motor vehicles, when, in the determination of the state revenue commissioner, such transfer is done to evade the payment of state and local title ad valorem tax fees under this subsection. Such penalty shall not exceed $2,500.00 as a state penalty per motor vehicle and shall not exceed $2,500.00 as a local penalty per motor vehicle, as determined by the state revenue commissioner, plus the amount of the state and local title ad valorem tax fees. Such determination shall be made within 60 days of the state revenue commissioner receiving information that a transfer may be in violation of this paragraph. (9) Any owner of any motor vehicle who fails to submit within 30 days of the date such owner is required by law to register such vehicle in this state an application for a first certificate of title under Code Section 40-3-21 or a certificate of title under Code Section 40-3-32 shall be required to pay a penalty in the amount of 10 percent of the state title ad valorem tax fees and 10 percent of the local title ad valorem tax fees required under this Code section and, if such state and local title ad valorem tax fees and the penalty are not paid within 60 days following the date such owner is required by law to register such vehicle, interest at the rate of 1 percent per month shall be imposed on the state and local title ad valorem tax fees due under this Code section, unless a temporary permit has been issued by the tax commissioner. The tax commissioner shall grant a temporary permit in the event the failure to timely apply for a first certificate of title is due to the failure of a lienholder to comply with Code Section 40-3-56, regarding release of a security interest or lien, and no penalty or interest shall be assessed. Such penalty and interest shall be in addition to the penalty and fee required under Code Section 40-3-21 or 40-3-32, as applicable.

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(10) The owner of any motor vehicle for which a title was issued in this state on or after January 1, 2012, and prior to March 1, 2013, shall be authorized to opt in to the provisions of this subsection at any time prior to February 28, 2014, upon compliance with the following requirements:
(A)(i) The total amount of Georgia state and local title ad valorem tax fees which would be due from March 1, 2013, to December 31, 2013, if such vehicle had been titled in 2013 shall be determined; and (ii) The total amount of Georgia state and local sales and use tax and Georgia state and local ad valorem tax under Chapter 5 of this title which were due and paid in 2012 for that motor vehicle and, if applicable, the total amount of such taxes which were due and paid for that motor vehicle in 2013 and 2014 shall be determined; and (B)(i) If the amount derived under division (i) of subparagraph (A) of this paragraph is greater than the amount derived under division (ii) of subparagraph (A) of this paragraph, the owner shall remit the difference to the tag agent. Such remittance shall be deemed local title ad valorem tax fee proceeds; or (ii) If the amount derived under division (i) of subparagraph (A) of this paragraph is less than the amount derived under division (ii) of subparagraph (A) of this paragraph, no additional amount shall be due and payable by the owner. Upon certification by the tag agent of compliance with the requirements of this paragraph, such motor vehicle shall not be subject to ad valorem tax as otherwise required under Chapter 5 of this title in the same manner as otherwise provided in paragraph (1) of subsection (b) of this Code section. (11)(A) In the case of rental motor vehicles owned by a rental motor vehicle concern, the state title ad valorem tax fee shall be in an amount equal to .625 percent of the fair market value of the motor vehicle, and the local title ad valorem tax fee shall be in an amount equal to .625 percent of the fair market value of the motor vehicle, but only if in the immediately prior calendar year the average amount of sales and use tax attributable to the rental charge of each such rental motor vehicle was at least $400.00 as certified by the state revenue commissioner. If, in the immediately prior calendar year, the average amount of sales and use tax attributable to the rental charge of each such rental motor vehicle was not at least $400.00, this paragraph shall not apply and such vehicles shall be subject to the state and local title ad valorem tax fees prescribed in division (b)(1)(B)(ii) of this Code section. (B) Such title ad valorem tax fees shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (12) A loaner vehicle shall not be subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section for a period of time not to exceed 366 days commencing on the date such loaner vehicle is withdrawn temporarily from inventory. Immediately upon the expiration of such 366 day period, if the dealer does not return the loaner vehicle to inventory for resale, the dealer shall be responsible for remitting state and local title ad valorem tax fees in the same manner as otherwise required

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of an owner under paragraph (9) of this subsection and shall be subject to the same penalties and interest as an owner for noncompliance with the requirements of paragraph (9) of this subsection. (13) Any motor vehicle which is donated to a nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code shall, when titled in the name of such nonprofit organization, not be subject to state and local title ad valorem tax fees under paragraph (1) of subsection (b) of this Code section but shall be subject to state and local title ad valorem tax fees in the amount of 1 percent of the fair market value of the motor vehicle. Such title ad valorem tax fees shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution.
(14)(A) A lessor of motor vehicles that leases motor vehicles for more than 31 consecutive days to lessees residing in this state shall register with the department. The department shall collect an annual fee of $100.00 for such registrations. Failure of a lessor to register under this subparagraph shall subject such lessor to a civil penalty of $2,500.00. (B) A lessee residing in this state who leases a motor vehicle under this paragraph shall register such motor vehicle with the tag agent in such lessee's county of residence within 30 days of the commencement of the lease of such motor vehicle or beginning residence in this state, whichever is later. (C) A lessor that leases a motor vehicle under this paragraph to a lessee residing in this state shall apply for a certificate of title in this state within 30 days of the commencement of the lease of such motor vehicle. (15) There shall be no liability for any state or local title ad valorem tax fees in any of the following title transactions: (A) The addition or substitution of lienholders on a motor vehicle title so long as the owner of the motor vehicle remains the same; (B) The acquisition of a bonded title by a person or entity pursuant to Code Section 40-3-28 if the title is to be issued in the name of such person or entity; (C) The acquisition of a title to a motor vehicle by a person or entity as a result of the foreclosure of a mechanic's lien pursuant to Code Section 40-3-54 if such title is to be issued in the name of such lienholder; (D) The acquisition of a title to an abandoned motor vehicle by a person or entity pursuant to Chapter 11 of Title 40 if such person or entity is a manufacturer or dealer of motor vehicles and the title is to be issued in the name of such person or entity; (E) The obtaining of a title to a stolen motor vehicle by a person or entity pursuant to Code Section 40-3-43; (F) The obtaining of a title by and in the name of a motor vehicle manufacturer, licensed distributor, licensed dealer, or licensed rebuilder for the purpose of sale or resale or to obtain a corrected title, provided that the manufacturer, distributor, dealer, or rebuilder shall submit an affidavit in a form promulgated by the commissioner attesting that the

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transfer of title is for the purpose of accomplishing a sale or resale or to correct a title only; (G) The obtaining of a title by and in the name of the holder of a security interest when a motor vehicle has been repossessed after default in accordance with Part 6 of Article 9 of Title 11 if such title is to be issued in the name of such security interest holder; (H) The obtaining of a title by a person or entity for purposes of correcting a title, changing an odometer reading, or removing an odometer discrepancy legend, provided that, subject to subparagraph (F) of this paragraph, title is not being transferred to another person or entity; (I) The obtaining of a title by a person who pays state and local title ad valorem tax fees on a motor vehicle and subsequently moves out of this state but returns and applies to retitle such vehicle in this state; (J) The transfer of a title made as a result of a business reorganization when the owners, partners, members, or stockholders of the business being reorganized maintain the same proportionate interest or share in the newly formed business reorganization; (K) The transfer of a title from a company to an owner of the company for the purpose of such individual obtaining a prestige or special license plate for the motor vehicle; and (L) The transfer of a title from an owner of a company to the company. (16) It shall be unlawful for a person to fail to obtain a title for and register a motor vehicle in accordance with the provisions of this chapter. Any person who knowingly and willfully fails to obtain a title for or register a motor vehicle in accordance with the provisions of this chapter shall be guilty of a misdemeanor. (17)(A) Any person who purchases a 1963 through 1985 model year motor vehicle for which such person obtains a title shall be subject to this Code section, but the state title ad valorem tax fee shall be in an amount equal to 0.5 percent of the fair market value of such motor vehicle, and the local title ad valorem tax fee shall be in an amount equal to 0.5 percent of the fair market value of such motor vehicle. (B) The owner of a 1962 or earlier model year motor vehicle who obtains a conditional title pursuant to Code Section 40-3-21.1 for such motor vehicle shall be authorized to opt in to the provisions of this subsection upon the payment of a state title ad valorem tax fee in an amount equal to 0.5 percent of the fair market value of such motor vehicle and a local title ad valorem tax fee in an amount equal to 0.5 percent of the fair market value of such motor vehicle. Upon certification by the tag agent of compliance with the requirements of this subparagraph, such motor vehicle shall not be subject to ad valorem tax as otherwise required under Chapter 5 of this title in the same manner as otherwise provided in paragraph (1) of subsection (b) of this Code section. (18)(A) Upon the transfer of title as the result of a divorce decree or court order of a motor vehicle which has not become subject to paragraph (1) of subsection (b) of this Code section, the person who receives such motor vehicle shall, subsequent to the transfer of title of such motor vehicle, continue to be subject to the ad valorem tax under Chapter 5 of this title and shall not be subject to the state and local title ad valorem tax

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fees provided for in paragraph (1) of subsection (b) of this Code section unless such person makes an affirmative written election to become subject to paragraph (1) of subsection (b) of this Code section. In the event of such election, such transfer shall be subject to the state and local title ad valorem tax fees provided for in paragraph (1) of subsection (b) of this Code section. (B) Upon the transfer of title as the result of a divorce decree or court order of a motor vehicle which has become subject to paragraph (1) of subsection (b) of this Code section, the person who receives such motor vehicle shall, at the time of the transfer of title of such motor vehicle, be subject to a state title ad valorem tax fee in an amount equal to one-half of 1 percent of the fair market value of the motor vehicle and a local title ad valorem tax fee in an amount equal to one-half of 1 percent of the fair market value of the motor vehicle. Such title ad valorem tax fees shall be an alternative ad valorem tax as authorized by Article VII, Section I, Paragraph III(b)(3) of the Georgia Constitution. (C) Any title transfer under this paragraph shall be accompanied by an affidavit of the transferee that such transfer is pursuant to a divorce decree or court order, and the transferee shall attach such decree or order to the affidavit. There shall be a penalty imposed on any person who, in the determination of the state revenue commissioner, falsifies any material information in such affidavit. Such penalty shall not exceed $2,500.00 as a state penalty and shall not exceed $2,500.00 as a local penalty as determined by the state revenue commissioner. Such determination shall be made within 60 days of the state revenue commissioner receiving information of a possible violation of this paragraph. (e) The fair market value of any motor vehicle subject to this Code section shall be appealable in the same manner as otherwise authorized for a motor vehicle subject to ad valorem taxation under Code Section 48-5-450; provided, however, that the person appealing the fair market value shall first pay the full amount of the state and local title ad valorem tax prior to filing any appeal. If the appeal is successful, the amount of the tax owed shall be recalculated and, if the amount paid by the person appealing the determination of fair market value is greater than the recalculated tax owed, the person shall be promptly given a refund of the difference. (f) Beginning in 2014, on or before January 31 of each year, the department shall provide a report to the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee showing the state and local title ad valorem tax fee revenues collected pursuant to this chapter and the motor vehicle ad valorem tax proceeds collected pursuant to Chapter 5 of this title during the preceding calendar year. (g) A motor vehicle dealer shall be authorized to apply to the county tag agent of the county in which such motor vehicle is registered for a refund of state and local title ad valorem taxes on behalf of the person who purchased a motor vehicle from such dealer. Such dealer shall promptly pay to such purchaser any refund received by the dealer which is owed to the purchaser, and in any event, such payment shall be made no later than ten days following

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the receipt of such refund by the dealer. The county tag agent shall approve or deny the request for refund within 30 days after the filing of the application for refund. If the county tag agent denies the refund, the county tag agent shall specify the reasons for such denial. The motor vehicle dealer shall be authorized to appeal such denial to the commissioner within 30 days following such denial."

SECTION 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising subsection (b) of Code Section 40-2-8, relating to the operation of unregistered vehicles, as follows:
"(b)(1) Any vehicle operated in the State of Georgia which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to a corner or corners of the license plate as designated by the commissioner, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia, unless such operation is otherwise permitted by this chapter.
(2)(A) It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated, unless such operation is otherwise permitted under this chapter; and provided, further, that the purchaser of a new vehicle or a used vehicle from a dealer of new or used motor vehicles who displays a temporary plate issued as provided by subparagraph (B) of this paragraph may operate such vehicle on the public highways and streets of this state without a current valid license plate during the period within which the purchaser is required by Code Section 40-2-20. An owner acquiring a motor vehicle from an entity that is not a new or used vehicle dealer shall register such vehicle as provided for in Code Section 40-2-29 unless such vehicle is to be registered under the International Registration Plan pursuant to Article 3A of this chapter.
(B)(i) Any dealer of new or used motor vehicles shall issue to the purchaser of a vehicle at the time of sale thereof, unless such vehicle is to be registered under the International Registration Plan, a temporary plate as provided for by department rules or regulations which may bear the dealer's name and location and shall bear an expiration date 45 days from the date of purchase. The expiration date of such a temporary plate may be revised and extended by the county tag agent upon application by the dealer, the purchaser, or the transferee if an extension of the purchaser's initial registration period has been granted as provided by Code Section 40-2-20. Such temporary plate shall not resemble a license plate issued by this state and shall be issued without charge or fee. The requirements of this subparagraph shall not apply to a dealer whose primary business is the sale of salvage motor vehicles and other vehicles on which total loss claims have been paid by insurers. (ii) All temporary plates issued by dealers to purchasers of vehicles shall be of a standard design prescribed by regulation promulgated by the department. The

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department may provide by rule or regulation for the sale and distribution of such temporary plates by third parties in accordance with paragraph (3) of this subsection. (3) All sellers and distributors of temporary license plates shall maintain an inventory record of temporary license plates by number and name of the dealer. (4) The purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration of such vehicle. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the penalties enumerated in this subsection."

SECTION 3. Said title is further amended by revising subsection (c) of Code Section 40-2-29, relating to registration and license plate requirement, license fee to accompany application, temporary operating permit, and penalties, as follows:
"(c) A person unable to fully comply with the requirements of subsection (a) of this Code section shall register such vehicle and receive a temporary operating permit that will be valid until the end of the initial registration period as provided for in paragraph (.1) of subsection (a) of Code Section 40-2-21. The commissioner may provide by rule or regulation for one 30 day extension of such initial registration period which may be granted by the county tag agent if the transferor has not provided such purchaser or other transferee owner with a title to the motor vehicle more than five business days prior to the expiration of such initial registration period. The county tag agent shall grant an extension of the initial registration period when the transferor, purchaser, or transferee can demonstrate by affidavit in a form provided by the commissioner that title has not been provided to the purchaser or transferee due to the failure of a security interest holder or lienholder to timely release a security interest or lien in accordance with Code Section 40-3-56."

SECTION 4. Said title is further amended by revising Code Section 40-3-21, relating to the application for the first certificate of title, as follows:
"40-3-21. (a) The application for the first certificate of title of a vehicle in this state shall be made to the commissioner's duly authorized county tag agent on the prescribed form. Except as provided in subsection (b) of this Code section, the application shall be submitted to the appropriate authorized county tag agent by the owner of the vehicle within 30 days from the date of purchase of the vehicle or from the date the owner is otherwise required by law to register the vehicle in this state. If the owner does not submit the application within that time, the owner of the vehicle shall be required to pay a penalty of $10.00 in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from

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the date of rejection to resubmit the documents required by the commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within the 60 day period, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return the same to the authorized county tag agent. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents submitted, if the documents have not been resubmitted as required under this subsection. Such application shall contain:
(1) The full legal name, driver's license number, residence, and mailing address of the owner; (2) A description of the vehicle, including, so far as the following data exist: its make, model, identifying number, type of body, the number of cylinders, and whether new, used, or a demonstrator and, for a manufactured home, the manufacturer's statement or certificate of origin and the full serial number for all manufactured homes sold in this state on or after July 1, 1994; (3) The date of purchase by the applicant and, except as provided in paragraph (2) of subsection (c) of this Code section, the name and address of the person from whom the vehicle was acquired and the names and addresses of the holders of all security interests and liens in order of their priority; and (4) Any further information the commissioner reasonably requires to identify the vehicle and to enable the commissioner or the authorized county tag agent to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vehicle and liens on the vehicle. (b)(1) As used in this subsection, the term 'digital signature' means a digital or electronic method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is unique to the person using it, is capable of verification, is under the sole control of the person using it, and is linked to data in such a manner that if the data are changed, the digital or electronic signature is invalidated. (2) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of the holder of any security interest created or reserved at the time of the sale by the dealer. The application shall be signed by the owner and, unless the dealer's signature appears on the certificate of title or manufacturer's statement of origin submitted in support of the title application, the dealer, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature so long as appropriate security measures are implemented which assure security and verification of the digital signature process, in accordance with regulations promulgated by the commissioner. The dealer shall mail, deliver, or electronically submit the application to the authorized county tag agent in the county where the vehicle will be registered within 30 days from the date of the sale of the vehicle. If the application is not submitted within that time, the dealer, or in nondealer sales the transferee, shall be required to pay a penalty of $10.00 in addition to the ordinary title fee paid by the transferee provided for

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in this chapter. If the documents submitted in support of the title application are rejected, the dealer submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional penalty of $10.00 assessed against the dealer. The willful failure of a dealer to obtain a certificate of title for a purchaser shall be grounds for suspension or revocation of the dealer's state issued license and registration for the sale of motor vehicles. (c)(1) If the application refers to a vehicle last previously registered in another state or country, the application shall contain or be accompanied by:
(A) Any certificate of title issued by the other state or country; and (B) Any other information and documents the commissioner reasonably requires to establish the ownership of the vehicle and the existence or nonexistence of security interests in it and liens against it. (2) If the application refers to a vehicle last previously registered in another state and if the applicant is the last previously registered owner in such state, the application need not contain the name and address of the person from whom the vehicle was acquired."

SECTION 5. Said title is further amended by adding a new Code section to read as follows:
"40-3-21.1. For a 1962 or earlier model year motor vehicle, the owner of such motor vehicle may apply to the commissioner through the county tag agent for a conditional title for such motor vehicle. The application shall be made under oath on a form prescribed by the commissioner for such purpose. Such form shall require the applicant to provide such information as the commissioner shall determine, including all liens and other encumbrances known to the applicant at the time of application, which the commissioner shall cause to be listed on the conditional title upon its issuance. Upon receipt of the application, the commissioner or the commissioner's duly authorized county tag agent shall file such application and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a conditional certificate of title under the provisions of this chapter, shall issue a conditional certificate of title for the motor vehicle. The conditional certificate of title shall be clearly marked as such and shall contain a disclaimer that states that the title may not reflect all liens or other encumbrances affecting the motor vehicle. The commissioner may impose a fee for the issuance of a conditional title which shall not exceed $20.00. The duly authorized county tag agent shall retain 50 percent of such fee for the general fund of the county and shall transmit the remaining 50 percent to the department for deposit into the state treasury."

SECTION 6. Said title is further amended by revising subsection (b) of Code Section 40-3-32, relating to the transfer of vehicles, as follows:

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"(b) Except as provided in Code Section 40-3-33, the transferee, promptly after delivery to him or her of the vehicle and certificate of title, shall execute the application for a new certificate of title on the form the commissioner prescribes and cause the application and the certificate of title to be mailed or delivered to the authorized county tag agent in the county where the vehicle will be registered together with the application for change of registration for the vehicle, so that the title application shall be received within 30 days from the date of the transfer of the vehicle. If the title application is not received within that time, the owner shall be required to pay a penalty of $10.00 in addition to the ordinary title fee provided for by this chapter. If the documents submitted in support of the title application are rejected, the party submitting the documents shall have 60 days from the date of initial rejection to resubmit the documents required by the commissioner for the issuance of title. If the documents are not properly resubmitted within 60 days, there shall be an additional $10.00 penalty assessed, and the owner of the vehicle shall be required to remove immediately the license plate of the vehicle and return the same to the authorized county tag agent. The license plate shall be deemed to have expired at 12:00 Midnight of the sixtieth day following the initial rejection of the documents, if the documents have not been resubmitted as required under this subsection."

SECTION 7. This Act shall become effective on July 1, 2019.
SECTION 8. All laws and parts of laws in conflict with this Act are repealed.
Approved May 3, 2018.
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MOTOR VEHICLES AND TRAFFIC AUTHENTIC HISTORICAL GEORGIA LICENSE PLATES; GEORGIA BEEKEEPERS ASSOCIATION SPECIALTY LICENSE PLATES.
No. 368 (House Bill No. 671).
AN ACT
To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to revise the definition of authentic historical Georgia license plates and the use of such plates; so as to establish a specialty license plate to benefit the Georgia Beekeepers Association; to provide for related matters;

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to provide for an effective date and applicability; 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. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by revising Code Section 40-2-41.1, relating to authentic historical Georgia license plates, as follows:
"40-2-41.1. (a) As used in this Code section, the term 'authentic historical Georgia license plate' means a license plate originally issued in the year 1989 or earlier and originally required to be displayed on motor vehicles operated upon the streets and highways of this state in the year 1989 or earlier pursuant to former motor vehicle registration laws of this state. (b) The owner of any antique motor vehicle manufactured in 1989 or earlier shall be authorized to display in lieu of and in the same manner as the license plate otherwise required under Code Section 40-2-41 an authentic historical Georgia license plate which clearly represents the model year within four years of any such antique motor vehicle, provided that the owner has properly registered such antique motor vehicle for the current year as otherwise required under this chapter and has obtained a current Georgia license plate or revalidation decal for such antique motor vehicle. Such currently valid Georgia license plate shall be kept in such antique motor vehicle at all times but need not be displayed in a manner to be visible from outside the vehicle. (c) For purposes of this Code section, the authentic historical Georgia license plate shall be furnished by the owner of any such antique motor vehicle. (d) No later than January 1, 2006, the commissioner shall have installed within the department's computer information system applicable to the registration of motor vehicles the necessary program which will include in the information relating to the current Georgia license plate or revalidation decal issued for an antique motor vehicle the information relating to the authentic historical Georgia license plate authorized to be displayed on such antique motor vehicle."

SECTION 2. Said chapter is further amended in Code Section 40-2-86, relating to special license plates promoting and supporting certain beneficial projects, causes, agencies, funds, or nonprofit corporations, by adding a new paragraph to subsection (m) to read as follows:
"(14) A special license plate promoting the conservation and protection of the official insect of this state, the honey bee. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Beekeepers Association and shall be used to increase public awareness of the importance of the conservation of the honey bee and for funding and supporting numerous association programs, including but not limited to the training

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and education of both new and experienced beekeepers, prison beekeeper programs, grants to beekeeping related nonprofit corporations, beekeeping research facilities in this state, and projects that encourage public support for the license plate and the activities it funds. Such special license plate shall include the phrase 'Save the Honey Bee' in lieu of the county of issuance."

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

SECTION 4. In accordance with the requirements of Article III, Section IX, Paragraph VI(n) of the Constitution of the State of Georgia, Section 2 this Act shall not become law unless it receives the requisite two-thirds' majority vote in both the Senate and the House of Representatives.

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

Approved May 3, 2018.

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REVENUE AND TAXATION SALES AND USE TAXES; EXTEND CERTAIN EXEMPTIONS.

No. 369 (House Bill No. 697).

AN ACT

To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend an exemption from sales and use tax for one additional year regarding the sale or use of tangible personal property to certain nonprofit health centers; to extend an exemption for one additional year with respect to certain nonprofit volunteer health clinics; 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 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by revising subparagraph (A) of paragraph (7.05) and subparagraph (A) of paragraph (7.3) as follows:
"(7.05)(A) For the period commencing on July 1, 2015, and ending on June 30, 2019, sales of tangible personal property to a nonprofit health center in this state which has been established under the authority of and is receiving funds pursuant to the United States Public Health Service Act, 42 U. S. C. Section 254b if such health clinic obtains an exemption determination letter from the commissioner." "(7.3)(A) For the period commencing July 1, 2015, and ending June 30, 2019, sales of tangible personal property and services to a nonprofit volunteer health clinic which primarily treats indigent persons with incomes below 200 percent of the federal poverty level and which property and services are used exclusively by such volunteer health clinic in performing a general treatment function in this state when such volunteer health clinic is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner."

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

Approved May 3, 2018.

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REVENUE AND TAXATION INCOME TAXES; RETIREMENT EXEMPTIONS.

No. 370 (House Bill No. 749).

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 tax, so as to clarify an exemption for retirement income is applicable to income received by a taxpayer as a retirement benefit from noncivilian service in the armed forces of the United States or the reserve components thereof; to provide an exemption for certain military retirement income for surviving family members; 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. 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 tax, is amended in subsection (a) of Code Section 48-7-27, relating to the computation of taxable net income, by revising paragraph (5) as follows:
"(5)(A) Retirement income otherwise included in Georgia taxable net income shall be subject to an exclusion amount as follows:
(i) For taxable years beginning on or after January 1, 1989, and prior to January 1, 1990, retirement income not to exceed an exclusion amount of $8,000.00 per year received from any source; (ii) For taxable years beginning on or after January 1, 1990, and prior to January 1, 1994, retirement income not to exceed an exclusion amount of $10,000.00 per year received from any source; (iii) For taxable years beginning on or after January 1, 1994, and prior to January 1, 1995, retirement income from any source not to exceed an exclusion amount of $11,000.00; (iv) For taxable years beginning on or after January 1, 1995, and prior to January 1, 1999, retirement income from any source not to exceed an exclusion amount of $12,000.00; (v) For taxable years beginning on or after January 1, 1999, and prior to January 1, 2000, retirement income from any source not to exceed an exclusion amount of $13,000.00; (vi) For taxable years beginning on or after January 1, 2000, and prior to January 1, 2001, retirement income not to exceed an exclusion amount of $13,500.00 per year received from any source; (vii) For taxable years beginning on or after January 1, 2001, and prior to January 1, 2002, retirement income from any source not to exceed an exclusion amount of $14,000.00; (viii) For taxable years beginning on or after January 1, 2002, and prior to January 1, 2003, retirement income from any source not to exceed an exclusion amount of $14,500.00; (ix) For taxable years beginning on or after January 1, 2003, and prior to January 1, 2006, retirement income from any source not to exceed an exclusion amount of $15,000.00; (x) For taxable years beginning on or after January 1, 2006, and prior to January 1, 2007, retirement income from any source not to exceed an exclusion amount of $25,000.00; (xi) For taxable years beginning on or after January 1, 2007, and prior to January 1, 2008, retirement income from any source not to exceed an exclusion amount of $30,000.00;

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(xii) For taxable years beginning on or after January 1, 2008, and prior to January 1, 2012, retirement income from any source not to exceed an exclusion amount of $35,000.00; and (xiii) For taxable years beginning on or after January 1, 2012, retirement income from any source not to exceed an exclusion amount of $35,000.00 for each taxpayer meeting the eligibility requirement set forth in division (i) or (ii) of subparagraph (D) of this paragraph or an amount of $65,000.00 for each taxpayer meeting the eligibility requirement set forth in division (iii) of subparagraph (D) of this paragraph. (B) In the case of a married couple filing jointly, each spouse shall if otherwise qualified be individually entitled to exclude retirement income received by that spouse up to the exclusion amount. (C) The exclusions provided for in this paragraph shall not apply to or affect and shall be in addition to those adjustments to net income provided for under any other paragraph of this subsection. (D) A taxpayer shall be eligible for the exclusions granted by this paragraph only if the taxpayer: (i) Is 62 years of age or older but less than 65 years of age during any part of the taxable year; or (ii) Is permanently and totally disabled in that the taxpayer has a medically demonstrable disability which is permanent and which renders the taxpayer incapable of performing any gainful occupation within the taxpayer's competence; or (iii) Is 65 years of age or older during any part of the year. (E)(i) For the purposes of this paragraph, retirement income shall include but not be limited to income from military retirement, interest income, dividend income, net income from rental property, capital gains income, income from royalties, income from pensions and annuities, and no more than $4,000.00 of an individual's earned income. Earned income in excess of $4,000.00, including but not limited to net business income earned by an individual from any trade or business carried on by such individual, wages, salaries, tips, and other employer compensation, shall not be regarded as retirement income. The receipt of earned income shall not diminish any taxpayer's eligibility for the retirement income exclusions allowed by this paragraph except to the extent of the express limitation provided in this division. (ii) Any income received by a surviving family member that is based on the service record of a deceased veteran shall be excluded from Georgia taxable net income without regard to the age of the surviving family member. (F) The commissioner shall by regulation require proof of the eligibility of the taxpayer for the exclusions allowed by this paragraph. (G) The commissioner shall by regulation provide that for taxable years beginning on or after January 1, 1989, and ending before October 1, 1990, penalty and interest may be waived or reduced for any taxpayer whose estimated tax payments and tax withholdings are less than 70 percent of such taxpayer's Georgia income tax liability if

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the commissioner determines that such underpayment or deficiency is due to an increase in net taxable income attributable directly to amendments to this paragraph or paragraph (4) of this subsection enacted at the 1989 special session of the General Assembly and not due to willful neglect or fraud;"

SECTION 2. This Act shall become effective on July 1, 2018, 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 3, 2018.

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MOTOR VEHICLES AND TRAFFIC SPECIALTY LICENSE PLATE TO PROMOTE CONSERVATION AND ENHANCEMENT OF WATERFOWL POPULATIONS AND THEIR HABITATS.

No. 371 (House Bill No. 784).

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, funds, or nonprofit corporations, so as to establish a specialty license plate to promote the conservation and enhancement of waterfowl populations and their habitats; to provide for related matters; to provide for an effective date; to provide for compliance with constitutional requirements; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting and supporting certain beneficial projects, causes, agencies, funds, or nonprofit corporations, is amended by adding a new paragraph to subsection (n) to read as follows:

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"(7) A special license plate promoting the conservation and enhancement of waterfowl populations and their habitats. The funds raised by the sale of this special license plate shall be disbursed to the Wildlife Resources Division of the Department of Natural Resources for the purposes of waterfowl habitat restoration, waterfowl research, and waterfowl management programs."

SECTION 2. This Act shall become effective on July 1, 2019.

SECTION 3. 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 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 3, 2018.

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REVENUE AND TAXATION DEPARTMENT OF REVENUE; AUTHORIZED TO SHARE TAX INFORMATION TO ASSIST
IN IDENTIFICATION OF NONCOMPLIANT SALES AND USE TAXPAYERS.

No. 372 (House Bill No. 811).

AN ACT

To amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization, so as to provide that the Department of Revenue is authorized to share tax information for the provision of services that assist the department in the identification of taxpayers that are noncompliant with sales and use taxes; to authorize compensation for such services based upon collections that may be attributable thereto; to provide for restrictions and limitations; 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:

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SECTION 1. Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to the state administrative organization, is amended by revising subsection (e) of Code Section 48-2-15, relating to confidential information, as follows:
"(e)(1) This Code section shall not be construed to prohibit persons or groups of persons other than employees of the department from having access to tax information when necessary to:
(A) Conduct research commissioned by the department or where necessary in connection with the processing, storage, transmission, and reproduction of such tax information; the programming, maintenance, repair, testing, and procurement of equipment; and the providing of other services for purposes of tax administration; or
(B)(i) Contract with an entity licensed to do business in this state for data analytics services that assist the department in the identification of taxpayers that are noncompliant with Chapter 8 of this title; provided, however, that:
(I) No such contract shall be for a period of more than three years; and (II) Any services to be performed as provided in this subparagraph shall be by specific North American Industry Classification System (NAICS) sectors, as designated by the commissioner; and when such sectors have been so designated by the commissioner, such services shall encompass the entirety of taxpayers within such sectors. (ii) Compensation for such data analytics services may be based on collections that may be attributable thereto. (iii) Any contact with a taxpayer resulting from the data analytics services provided pursuant to this subparagraph, including correspondence, billings, assessments and audits, shall only be made by the department. (2)(A) Any access allowed by this subsection shall be pursuant to a written agreement with the department providing for the handling, permitted uses, and destruction of such tax information, requiring security clearance checks for such persons or groups of persons similar to those required of employees of the department, and including such other terms and conditions as the department may require to protect the confidentiality of the tax information to be disclosed. (B) A contracting entity granted access, as provided in subparagraph (B) of paragraph (1) of this subsection, shall not utilize or retain such taxpayer information, whether anonymized or not, in any manner that is not specifically authorized in the written agreement with the department, which shall expressly prohibit any action not specifically set out in such agreement, including but not limited to the aggregation, study, transmission, retention, or dissemination of taxpayer information. (C) Any person who divulges or makes known any tax information obtained under this subsection shall be subject to the same civil and criminal penalties as those provided for divulgence of information by employees of the department."

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

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

Approved May 3, 2018.

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CRIMES AND OFFENSES CONTROLLED SUBSTANCES.

No. 373 (House Bill No. 830).

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 and II controlled substances; to change certain provisions relating to the definition of dangerous drug; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 13 of Title 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 a new subparagraph to paragraph (3) to read as follows:
"(GGGG) Fluorophenmetrazine;"

SECTION 2. Said chapter is further amended in Code Section 16-13-25, relating to Schedule I controlled substances, by revising division (ii) of subparagraph (L) of paragraph (12) as follows:
"(ii) By substitution at the 3-position with an acyclic alkyl substitution or alkoxy substitution; or"

SECTION 3. Said chapter is further amended in Code Section 16-13-25, relating to Schedule I controlled substances, by revising division (ii) of subparagraph (E) of paragraph (13) as follows:

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"(ii) Acetamide group, which itself can be further substituted with: (I) Cyclic alkyl group; (II) Tetrahydrofuran group;"

SECTION 4. Said chapter is further amended in Code Section 16-13-25, relating to Schedule I controlled substances, by revising the introductory text of paragraph (15) as follows:
"(15) The 1-cyclohexyl-4-(1,2-diphenylethyl)-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-(1,2diphenylethyl)-piperazine (MT-45), and whether or not further modified in any of the following ways:"

SECTION 5. Said chapter is further amended in Code Section 16-13-26, relating to Schedule II controlled substances, by substituting the "." at the end of paragraph (4) with a ";" and by adding a new paragraph to read as follows:
"(5) Dronabinol in oral solution labeled in compliance with U.S. Food and Drug Administration requirements."

SECTION 6. Said chapter is further amended in Code Section 16-13-71, relating to the definition of "dangerous drug," by adding new paragraphs to subsection (b) to read as follows:
"(.031) Abaloparatide;" "(.041) Abemaciclib;" "(.044) Acalabrutinib;" "(51.5) Angiotensin II;" "(69.11) Avelumab;" "(83.11) Benralizumab;" "(84.1) Benznidazole;" "(97.11) Betrixaban;" "(107.4) Brigatinib;" "(107.6) Brodalumab;" "(159.9) Cerliponase alfa;" "(213.4) Copanlisib;" "(244.3) Deflazacort;"

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"(244.41) Delafloxacin;" "(256.6) Deutetrabenazine;" "(325.46) Dupilumab;" "(325.47) Durvalumab;" "(330.4) Edaravone;" "(331.0701) Emicizumab;" "(331.7) Enasidenib;" "(346.7) Ertugliflozin" "(355.7) Etelcalcetide;" "(415.04) Glecaprevir;" "(432.91) Guselkumab;" "(474.1) Inotuzumab ozogamicin;" "(512.8) Latanoprostene bunod;" "(513.78) Letermovir;" "(534.3) Macimorelin;" "(617.2) Midostaurin;" "(632.1) Naldemedine;" "(640.11) Neratinib maleate;" "(640.25) Netarsudil" "(644.61) Niraparib;" "(661.2) Ocrelizumab;" "(680.3) Ozenoxacin;" "(731.01) Pibrentasvir" "(742.1) Plecanatide;" "(838.6) Ribociclib;" "(849.8) Safinamide;" "(851.2) Sarilumab;" "(852.06) Secnidazole;" "(853.9) Semaglutide;" "(931.61) Telotristat ethyl;" "(1021.61) Vaborbactam;" "(1021.71) Valbenazine;" "(1029.6) Vestronidase alfa-vjbk;" "(1037.9) Voxilaprevir;"

SECTION 7. Said chapter is further amended in Code Section 16-13-71, relating to the definition of "dangerous drug," by revising paragraph (516.75) of subsection (b) as follows:
"(516.75) Levocetirizine -- See exceptions;"

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SECTION 8. Said chapter is further amended in Code Section 16-13-71, relating to the definition of "dangerous drug," by adding a paragraph in subsection (c) to read as follows:
"(12.91) Levocetirizine -- when a single dose unit is either 2.5 mg. per 5 ml. or less or 5 mg. or less;"

SECTION 9. Said chapter is further amended in Code Section 16-13-71, relating to the definition of "dangerous drug," by amending paragraph (13) in subsection (c) to read as follows:
"(13) Lidocaine topical, 40 mg./gm. (4%) or less;"

SECTION 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 3, 2018.

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REVENUE AND TAXATION BUSINESS AND OCCUPATION TAXES; EXEMPTION FROM PENALTIES AND INTEREST FOR MILITARY SERVICE IN CERTAIN CIRCUMSTANCES.

No. 377 (House Bill No. 840).

AN ACT

To amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to provide an exemption from penalties and interest in the event of military service in a combat zone; 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 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, is amended by revising Code Section 48-13-21, relating to

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penalty for failure to pay occupation tax or fee, time, amount, interest, and administrative fees, as follows:
"(a) Except as otherwise provided in subsection (c) of this Code section, should any special, occupation, or sales tax or license fee imposed by this chapter remain due and unpaid for 90 days from the due date of the tax or fee, the person liable for the tax or fee shall be subject to and shall pay a penalty of 10 percent of the tax or fee due. (b) Except as otherwise provided in subsection (c) of this Code section, local governments are authorized to provide in their ordinances for interest on delinquent occupation taxes, regulatory fees, and administrative fees at a rate not to exceed 1.5 percent per month. (c) No taxpayer shall be liable for any penalty or interest pursuant to subsections (a) and (b) of this Code section if:
(1) The default giving rise to such penalty or interest resulted from a taxpayer's military service in the armed forces of the United States in an area designated by the President of the United States by executive order as a combat zone and was not due to gross or willful neglect or disregard of the law or of regulations or instructions issued pursuant to the law; and (2) The taxpayer provides proof of such military service and makes full payment of taxes due, not including penalties and interest, within 60 days of such taxpayer's return from such military service."

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

Approved May 3, 2018.

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REVENUE AND TAXATION TAX CREDITS FOR BUSINESS ENTERPRISES IN LESS DEVELOPED
AREAS; ADD CERTAIN AREAS.

No. 378 (House Bill No. 843).

AN ACT

To amend Code Section 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, so as to include any census tract that in a county that contains a certain federal military installation and also contains an industrial park that is owned and operated by a governmental entity; 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 48-7-40.1 of the Official Code of Georgia Annotated, relating to tax credits for business enterprises in less developed areas, is amended by adding a new paragraph to subsection (c) to read as follows:
"(2.1) Any census tract in a county that contains a federal military installation with a garrison of at least 5,000 federal or military personnel combined and also contains an industrial park that is owned and operated by a governmental entity;"

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

Approved May 3, 2018.

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REVENUE AND TAXATION INCOME TAX; REPORTING OF CERTAIN ADJUSTMENTS.

No. 381 (House Bill No. 849).

AN ACT

To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax, so as to provide for reporting of federal partnership adjustments; to provide for Georgia partnership and pass-through entity adjustments and assessments and related appeals; to revise the provisions relating to the reporting of other federal adjustments; 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax, is amended by adding a new paragraph to subsection (b) of Code Section 48-7-21, relating to taxation of corporations, as follows:
"(17) Georgia taxable net income shall be adjusted as provided in Code Section 48-7-53."

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SECTION 2. Said chapter is further amended by adding a new paragraph to subsection (b) of Code Section 48-7-27, relating to computation of taxable net income, as follows:
"(14) Georgia taxable net income shall be adjusted as provided in Code Section 48-7-53."

SECTION 3. Said chapter is further amended by revising Code Section 48-7-53, relating to partnership returns, as follows:
"48-7-53. (a) As used in this Code section, the term:
(1) 'Administrative adjustment request' means the same as provided in Code Section 6227 of the Internal Revenue Code of 1986 and the regulations thereunder. (2) 'Audited partnership' means a partnership subject to a final federal adjustment resulting from a partnership level audit. (3) 'Corporate partner' means a C corporation partner that is subject to tax pursuant to Code Section 48-7-21. (4) 'Direct partner' means a person that holds an interest directly in an audited partnership. (5) 'Exempt partner' means a partner that is exempt from taxation pursuant to paragraph (1) of subsection (a) of Code Section 48-7-25. (6) 'Federal adjustment' means a change to an item or amount required to be determined under the Internal Revenue Code of 1986 and the regulations thereunder that is used by a partnership to compute state tax owed for the reviewed year where such change results from a partnership level audit. A federal adjustment is positive to the extent that it increases Georgia taxable net income as determined under this title and is negative to the extent that it decreases Georgia taxable net income as determined under this title. (7) 'Federal adjustments report' means an amended Georgia income tax return that arises directly or indirectly from a partnership level audit and for an audited partnership and tiered partner, identifies all partners that hold an interest directly in such audited partnership or tiered partner and provides the effect of the final federal adjustments on such partner's Georgia taxable net income. For the audited partnership, the federal adjustments report shall also contain information reasonably necessary to provide the commissioner with an understanding of all adjustments to the audited partnership's federal taxable income and the amount of such adjustments allocated to each of its partners. For the audited partnership, a copy of the report received from the Internal Revenue Service shall be sufficient if it provides such information. For all tiered partners, the federal adjustments report shall also contain information reasonably necessary to provide the commissioner with an understanding of all adjustments to a tiered partner's federal taxable income and the amount of such adjustments allocated to each of its partners. (8) 'Federal partnership representative' means the person the partnership designates for the taxable year as the partnership's representative, or the person the Internal Revenue

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Service has appointed to act as the federal partnership representative, pursuant to Section 6223(a) of the Internal Revenue Code of 1986 and the regulations thereunder. (9) 'Fiduciary partner' means a fiduciary that is subject to tax pursuant to Code Sections 48-7-20 and 48-7-22. (10) 'Final determination date' means the following:
(A) If the federal adjustment arises from a partnership level audit, the final determination date is the first day on which no federal adjustments arising from that audit remain to be finally determined, whether by agreement, or, if appealed or contested, by a final decision with respect to which all rights of appeal have been waived or exhausted. For agreements required to be signed by the Internal Revenue Service and the audited partnership, the final determination date is the date on which the last party signed the agreement; or (B) If the adjustment results from filing an administrative adjustment request, the final determination date means the day on which the administrative adjustment request was filed. (11) 'Final federal adjustment' means a federal adjustment after the final determination date for that federal adjustment has passed. (12) 'Georgia income tax' means the tax imposed by Code Sections 48-7-20, 48-7-21, and 48-7-25, and as provided in subsection (c) of this Code section. (13) 'Indirect partner' means a partner in a partnership or pass-through entity where such partnership or pass-through entity itself holds an interest directly, or through another indirect partner, in a partnership or pass-through entity. (14) 'Individual partner' means a partner who is a natural person that is subject to tax pursuant to Code Section 48-7-20. (15) 'Internal Revenue Service' means the Internal Revenue Service of the United States Department of the Treasury. (16) 'Nonresident partner' means a partner that is not a resident as defined in this subsection. (17) 'Partner' means a person that holds an interest, directly or indirectly, in a partnership or pass-through entity. (18) 'Partnership' means an entity subject to taxation under Subchapter K of the Internal Revenue Code of 1986 and the regulations thereunder and includes, but is not limited to, a syndicate, group, pool, joint venture, or other unincorporated organization through or by means of which any business, financial operation, or venture is carried on and which is not, within the meaning of this chapter, a trust, estate, or corporation. (19) 'Partnership level audit' means an examination or other review by the Internal Revenue Service for taxable years beginning on or after January 1, 2018, at the partnership level pursuant to the Internal Revenue Code of 1986 and the regulations thereunder either of which results in final federal adjustments initiated and made by the Internal Revenue Service.

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(20) 'Pass-through entity' means an entity, other than a partnership, that is not subject to tax under Code Section 48-7-21 for C corporations but excluding an exempt partner. (21) 'Reallocation adjustment' means a final federal adjustment that changes the shares of items of partnership income, gain, loss, expense, or credit allocated to a partner that holds an interest directly in a partnership or pass-through entity. A positive reallocation adjustment means a reallocation adjustment that would increase Georgia taxable net income for such partners, and a negative reallocation adjustment means a reallocation adjustment that would decrease Georgia taxable net income for such partners. (22) 'Resident partner' means for an individual or fiduciary partner, the same as provided in Code Section 48-7-1 and for all other partners means a partner whose headquarters or principal place of business is located inside this state. (23) 'Reviewed year' means the taxable year of a partnership that is subject to a partnership level audit from which final federal adjustments arise. (24) 'State partnership audit' means an examination by the commissioner at the partnership or pass-through entity level which results in adjustments to partnership or pass-through entity related items or reallocations of income, expenses, gains, losses, credits, and other attributes among such partners for the reviewed year. (25) 'Tiered partner' means any partner that is a partnership or pass-through entity. (26) 'Unrelated business income' means the income which is defined in Section 512 of the Internal Revenue Code of 1986 and the regulations thereunder. (27) 'Withholding partner' means a partner in a partnership for whom the partnership was required to withhold tax pursuant to Code Section 48-7-129 for the reviewed year. (b) Every partnership, including but not limited to a foreign partnership, the individual members of which are subject to taxation under this chapter, shall make a return for each taxable year. The return shall state specifically the items of the partnership's gross income and the deductions allowed by this chapter, shall include the names and addresses of the individuals who would be entitled to share in the net income of the partnership if the net income were distributed, and shall specify the amount of the distributive share of each individual. The return shall be sworn to by any one of the partners. (c) Partnerships and their direct partners and indirect partners shall report final federal adjustments, as provided in this subsection, and not as provided in subsection (e) of Code Section 48-7-82. (1) State Partnership Representative.
(A) With respect to an action required or permitted to be taken by a partnership or pass-through entity under this Code section and a proceeding under Code Section 48-2-59 with respect to final federal adjustments arising from a partnership level audit, the state partnership representative for the reviewed year shall have the sole authority to act on behalf of the partnership or pass-through entity, and its direct partners and indirect partners shall be bound by those actions. (B) The state partnership representative for the reviewed year for a partnership is a partnership's federal partnership representative unless the partnership designates in

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writing another person as its state partnership representative as provided in subparagraph (C) of this paragraph. The state partnership representative for the reviewed year for a pass-through entity is the person designated in subparagraph (C) of this paragraph. (C) The commissioner may establish reasonable qualifications for a person to be the state partnership representative. If a partnership desires to designate a person other than their federal partnership representative, they shall designate such person by attaching a statement to the return filed pursuant to this chapter. A pass-through entity shall designate a person as their state partnership representative by attaching a statement to the return filed pursuant to this chapter. A partnership or pass-through entity shall be allowed to change such designation by notifying the commissioner at the time the change occurs. (2) Reporting and payment requirements for audited partnerships subject to final federal adjustments and their partners. (A) Unless an audited partnership makes the election in paragraph (3) of this subsection, then, for all final federal adjustments, the audited partnership shall no later than 90 days after the final determination date of the audited partnership:
(i) File a completed federal adjustments report; (ii) Notify each of its direct partners of their distributive share of the adjustments; and (iii) File an amended composite return under Code Section 48-7-129 if one was originally filed and for withholding partners, file an amended withholding report under Code Section 48-7-129, and pay the additional amount due under this title that would have been due had the final federal adjustments been reported properly as required. (B) Unless an audited partnership paid an amount on behalf of its direct partners pursuant to paragraph (3) of this subsection, all direct partners of the audited partnership shall no later than 180 days after the final determination date of the audited partnership: (i) File a completed federal adjustments report reporting their distributive share of the adjustments reported to them under subparagraph (A) of this paragraph; (ii) If the direct partner is a tiered partner, notify all of the partners, that hold an interest directly in such tiered partner, of their distributive share of the adjustments; (iii) If the direct partner is a tiered partner and subject to Code Section 48-7-129, file an amended composite return under Code Section 48-7-129 if such return was originally filed and if applicable for withholding partners file an amended withholding report under Code Section 48-7-129 if one was originally required to be filed; and (iv) Pay any additional amount due under this title, including any penalty and interest that would have been due had the final federal adjustments been reported properly as required and with respect to a composite return, less any withholding tax paid or withheld for such withholding partners pursuant to subparagraph (A) of this paragraph. (C) Unless a partnership or tiered partner paid an amount on behalf of its partners pursuant to paragraph (3) of this subsection, each indirect partner, shall:

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(i) Within 90 days after the time for filing and furnishing statements to tiered partners and their partners as established by Section 6226 of the Internal Revenue Code of 1986 and the regulations thereunder, file a completed federal adjustments report; (ii) If the indirect partner is a tiered partner, within 90 days after the time for filing and furnishing statements to tiered partners and their partners as established by Section 6226 of the Internal Revenue Code of 1986 and the regulations thereunder but within sufficient time for all indirect partners to also complete the requirements of this subsection, notify all of the partners, that hold an interest directly in such tiered partner, of their distributive share of the adjustments; (iii) Within 90 days after the time for filing and furnishing statements to tiered partners and their partners as established by Section 6226 of the Internal Revenue Code of 1986 and the regulations thereunder, if the indirect partner is a tiered partner and subject to Code Section 48-7-129, file an amended composite return under Code Section 48-7-129 if such return was originally filed and if applicable for withholding partners file an amended withholding report under Code Section 48-7-129 if one was originally required to be filed; and (iv) Within 90 days after the time for filing and furnishing statements to tiered partners and their partners as established by Section 6226 of the Internal Revenue Code of 1986 and the regulations thereunder, pay any additional amount due under this title, including any penalty and interest that would have been due had the final federal adjustments been reported properly as required and with respect to a composite return, less any withholding tax paid or withheld for such withholding partners pursuant to subparagraph (A) or (B) of this paragraph. (3) Election for partnership or tiered partners to pay. If an audited partnership, or a tiered partner that would receive an amended schedule K-1 under paragraph (2) of this subsection, makes an election under this paragraph, it shall: (A) File a completed federal adjustments report, notify the commissioner that it is making the election under this paragraph, and pay an amount as provided in this paragraph, including any penalty and interest, on behalf of its partners within one of the following time periods: (i) For the audited partnership, no later than 90 days after the final determination date of the audited partnership; (ii) For a direct tiered partner, no later than 180 days after the final determination date of the audited partnership; or (iii) For an indirect tiered partner, within 90 days after the time for filing and furnishing statements to tiered partners and their partners as established by Section 6226 of the Internal Revenue Code of 1986 and the regulations thereunder; (B) Exclude from final federal adjustments and any positive reallocation adjustments the distributive share of such adjustments made to an exempt partner, that holds an interest directly in the audited partnership if the audited partnership is making the

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election or that holds an interest directly in the tiered partner if the tiered partner is making the election, that is not unrelated business income; (C) Determine the total distributive share of all final federal adjustments and positive reallocation adjustments as modified by this title and apportion and allocate such adjustments as provided in Code Section 48-7-31 for such electing partnership or such electing tiered partner and determine the total distributive share of such amounts that are allocated to all corporate partners, all tiered partners, all exempt partners and that is unrelated business income, all nonresident individual partners, and all nonresident fiduciary partners; (D) Determine the total distributive share of all final federal adjustments and positive reallocation adjustments as modified by this title, but without the allocation and apportionment of such adjustments as provided by Code Section 48-7-31, that are allocated to all other partners, including but not limited to resident individual partners and resident fiduciary partners; and (E) Total the amount computed pursuant to subparagraphs (C) and (D) of this paragraph and multiply by 6 percent. (4) Effect of election by partnership or tiered partner and payment of amount due. (A) The election made pursuant to paragraph (3) of this subsection is irrevocable. (B) If properly reported and paid by the audited partnership or tiered partner, the amount determined in paragraph (3) of this subsection shall be treated as paid on behalf of such person's partners on the same final federal adjustments; provided, however, that no partner may take any deduction or credit for these amounts, claim a refund of these amounts, or include such amounts on such partner's return in any manner. (C) Nothing in this subsection shall preclude a resident partner who is a natural person or a fiduciary and that holds an interest directly in the audited partnership if the audited partnership is making the election or that holds an interest directly in the tiered partner if the tiered partner is making the election, from claiming a credit against taxes paid to this state pursuant to Code Section 48-7-28 for any amounts paid by the audited partnership or tiered partner on such resident partner's behalf to another state or local tax jurisdiction provided the requirements of Code Section 48-7-28 are met. (5) Failure of audited partnership or tiered partner to report or pay. Nothing in this subsection is intended to prevent the commissioner from assessing direct partners and indirect partners for taxes they owe in the event that an audited partnership or tiered partner fails to timely make any report or payment required by this subsection for any reason. (6) Assessments of additional Georgia income tax, interest, and penalties arising from final federal adjustments. The commissioner will assess additional Georgia income tax, interest, and penalties arising from final federal adjustments as if it is a tax imposed by this chapter unless a different treatment is provided by this subsection. Since partnership adjustments are determined at the audited partnership level, any assessment issued to partners shall not be appealable by the partner. Any penalties or interest imposed on the

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partnership or its partners shall be as provided and at the rates in this title except that penalties and interest imposed on the audited partnership or tiered partners shall be from the day after the due date of the reviewed year return without extension. Such assessment shall be issued by the following dates:
(A) Timely reported final federal adjustments. If a partnership, tiered partner, or other partner files with the commissioner a federal adjustments report as required within the period specified in this subsection reporting all final federal adjustments, the commissioner may assess any taxes, including on-behalf taxes, interest, and penalties arising from those final federal adjustments if the commissioner issues a notice of assessment to the partnership, tiered partner, or partner, on or before the later of:
(i) The expiration of the limitations period specified in Code Section 48-7-82; or (ii) The expiration of the one-year period following the date of filing with the commissioner of the federal adjustments report by such person. (B) Untimely reported final federal adjustments. If the partnership, tiered partner, or other partner fails to file the federal adjustments report within the period specified in this subsection, or the federal adjustments report filed by the partnership, tiered partner, or other partner omits final federal adjustments or understates the correct amount of Georgia income tax owed, the commissioner may assess any taxes, including on-behalf taxes, interest, and penalties arising from the final federal adjustments, if it issues a notice of assessment to the partnership, tiered partner, or other partner on or before the later of: (i) The expiration of the limitations period specified in Code Section 48-7-82; (ii) The expiration of the one-year period following the date the federal adjustments report was filed with commissioner by such person; or (iii) Absent fraud, the expiration of the five-year period following the date on which the Internal Revenue Service notifies the commissioner of the federal adjustments. (7) Claims for refund of Georgia income tax arising from final federal adjustments. Notwithstanding the reporting requirement contained in this subsection and except as otherwise prohibited by this title, a partnership, tiered partner, or other partner, as the case may be, may file a claim for refund of Georgia income tax arising directly or indirectly from final federal adjustments on or before the later of: (A) The expiration of the last day for filing a claim for refund of Georgia income tax pursuant to Code Section 48-2-35 for such person; or (B) One year from the date the federal adjustments report was required to be filed by this subsection for such person. (8) Scope of adjustments and extensions of time. (A) Unless otherwise agreed in writing by the partnership, tiered partner, or other partner and the commissioner, any adjustments by the commissioner after the expiration of the time provided in Code Section 48-7-82 or by the partnership, tiered partners, or other partners made after the expiration of the time provided in Code Section 48-2-35,

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are limited to changes to the partnership's, tiered partner's, or other partner's Georgia income tax liability arising directly or indirectly from final federal adjustments. (B) Where, before the expiration of the time prescribed in this subsection for the assessment of Georgia income tax, both the commissioner and the person subject to assessment have consented in writing to its assessment after such time, the tax may be assessed at any time prior to the expiration of the agreed upon period. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the previously agreed upon period and the commissioner is authorized in any such agreement to extend similarly the period within which a claim for refund may be filed; provided, however, that the time periods provided in this subsection may be extended automatically by 60 days for an audited partnership which has 10,000 or more direct partners or a tiered partner which has 10,000 or more partners that hold an interest directly in such tiered partner, provided that such audited partnership or tiered partner attaches a statement to its federal adjustments report specifying that it has elected such automatic extension. (9) Any income subtracted from federal taxable income for the adjustment year pursuant to Section 6225 of the Internal Revenue Code of 1986 and the regulations thereunder shall be added to the partnership's, tiered partner's, or other partner's Georgia taxable net income for the adjustment year. (d) For taxable years beginning on or after January 1, 2017, any adjustment to a partnership's items of income, gain, loss, expense, or credit or an adjustment to such items allocated to a partner that holds an interest in a partnership for the reviewed year by the commissioner as a result of a state partnership audit shall be determined at the partnership level in the same manner as provided by subsection (a) of Section 6221 of the Internal Revenue Code of 1986 and the regulations thereunder unless a different treatment is specifically provided in this title. If the commissioner and the partnership agree, the provisions of this subsection may be applied to taxable years beginning before January 1, 2017. The provisions of Sections 6222, 6223, and 6227 of the Internal Revenue Code of 1986 and the regulations thereunder shall also apply in the same manner as provided in such sections unless a different treatment is specifically provided in this chapter. For purposes of applying such sections, due account shall be made for differences in federal and Georgia terminology such as substitution of 'Secretary' with 'Commissioner' and other obvious differences. The adjustment provided by subsection (a) of Section 6221 of the Internal Revenue Code of 1986 shall be determined as provided in such section but shall be based on the Georgia taxable net income or other tax attributes of the partnership as determined pursuant to this chapter for the reviewed year. The commissioner shall issue a notice of adjustment to the partnership. Such notice shall be treated as an assessment for purposes of Code Sections 48-2-59 and 48-7-82, and, as such, the notice shall be appealable pursuant to Code Section 48-2-59 and shall be issued within the time period provided by Code Section 48-7-82. Once the adjustments to partnership-related items or reallocations of income, expenses, gains, losses, credits, and other attributes among such partners for the

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reviewed year are finally determined, the partnership and any direct partners or indirect partners shall then be subject to the provisions of subsection (c) of this Code section in the same manner as if the state partnership audit were a partnership level audit. (e) For purposes of this chapter, any adjustment to a pass-through entity's items of income, gain, loss, expense, or credit or an adjustment to such items allocated to a partner that holds an interest in a pass-through entity for the reviewed year by the commissioner shall be determined in the same manner as provided in subsection (d) of this Code section. (f) An administrative adjustment request filed by the partnership with the Internal Revenue Service or the commissioner shall be treated in the reviewed year in the same manner as provided by subsection (c) of this Code section, except that:
(1) The period of limitations on claiming refunds for the partnership and partners shall be as provided by this title, notwithstanding subsection (c) of this Code section; and (2) The period of limitations on making adjustments and assessments for the partnership and partners shall be on or before the later of:
(A) The expiration of the limitations period specified in Code Section 48-7-82; or (B) The expiration of the one-year period following the date of the filing of the administrative adjustment request by the partnership or the amended Georgia income tax return by the partners, as the case may be. (g) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section."

SECTION 4. Said chapter is further amended by revising subsection (e) of Code Section 48-7-82, relating to change or correction of net income, as follows:
"(e)(1) Except as provided in Code Section 48-7-53, when a taxpayer's amount of net income for any year under this chapter as returned to the United States Department of the Treasury is changed or corrected by the commissioner of internal revenue or other officer of the United States of competent authority, the taxpayer, within 180 days after the final determination date of the changed or corrected net income, shall make a return to the commissioner of the changed or corrected income, and the commissioner shall make assessment or the taxpayer shall claim a refund based on the change or correction within one year from the date the return required by this paragraph is filed. If the taxpayer does not make the return reflecting the changed or corrected net income and the commissioner receives from the United States government or one of its agents a report reflecting the changed or corrected net income, the commissioner shall make assessment for taxes due based on the change or correction within five years from the date the report from the United States government or its agent is actually received. If he or she chooses, the commissioner shall have the authority to establish a de minimis amount upon which a taxpayer shall not be required to comply with this subsection. For purposes of this subsection the final determination date shall be determined as follows:

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(A) Except as provided in subparagraph (B) of this paragraph, the final determination date is the first day on which no changes or corrections for a particular audit remain to be finally determined, whether by agreement, or, if appealed or contested, by a final decision with respect to which all rights of appeal have been waived or exhausted. For agreements required to be signed by the commissioner of internal revenue and the taxpayer, the final determination date is the date on which the last party signed the agreement; or (B) If the taxpayer filed as a member of a combined or consolidated group, the final determination date is the first day on which no related changes or corrections for a particular audit remain to be finally determined for the entire group. (2) In the event the taxpayer fails to notify the commissioner of the final determination of his or her United States income taxes, the commissioner shall proceed to determine, upon evidence that the commissioner has brought to his or her attention or that he or she otherwise acquires, the corrected income of the taxpayer for the fiscal or calendar year. If additional tax is determined to be due, the tax shall be assessed and collected. If it is determined that there has been an overpayment of tax for the year, the taxpayer, by his or her failure to notify the commissioner as required in paragraph (1) of this subsection, shall forfeit his or her right to any refund due by reason of the change or correction. A taxpayer who so fails to notify the commissioner, however, shall be entitled to equitable recoupment of 90 percent of any overpayment so determined against any additional tax liability so determined, the remaining 10 percent of the overpayment being totally forfeited as a penalty for failure to make a return as required by paragraph (1) of this subsection."

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

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

Approved May 3, 2018.

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EDUCATION EDUCATIONAL SERVICES FOR CHILDREN IN PSYCHIATRIC RESIDENTIAL TREATMENT FACILITIES.

No. 382 (House Bill No. 853).

AN ACT

To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to provide that a child placed in a psychiatric residential treatment facility by his or her parent or legal guardian pursuant to a physician's order is eligible for education services from the local school system in which the psychiatric residential treatment facility is located; to provide for related matters; to provide for statutory construction; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," is amended by revising subsections (a) and (b) of Code Section 20-2-133, relating to free public instruction, as follows:
"(a) Admission to the instructional programs funded under this article shall be free to all eligible children and youth who enroll in such programs within the local school system in which they reside and to children as provided in subsection (b) of this Code section. Therefore, a local school system shall not charge resident students tuition or fees, nor shall such students be required to provide materials or equipment except for items specified by the State Board of Education, as a condition of enrollment or full participation in any instructional program. However, a local school system is authorized to charge nonresident students tuition or fees or a combination thereof; provided, however, that such charges to a student shall not exceed the average locally financed per student cost for the preceding year, excluding the local five mill share funds required pursuant to Code Section 20-2-164; provided, further, that no child described in subparagraph (A) of paragraph (1) of subsection (b) of this Code section shall be charged tuition, fees, or a combination thereof. A local school system is further authorized to contract with a nonresident student's system of residence for payment of tuition. The amount of tuition paid directly by the system of residence shall be limited only by the terms of the contract between systems. Local units of administration shall provide textbooks or any other reading materials to each student enrolled in a class which has a course of study that requires the use of such materials by the students.
(b)(1)(A) Any child, except as otherwise specifically provided in subparagraph (D) of this paragraph, who is:

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(i) In the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services or any of its divisions; (ii) In a placement operated by the Department of Human Services or the Department of Behavioral Health and Developmental Disabilities; (iii) In a facility or placement paid for by the Department of Juvenile Justice, the Department of Human Services or any of its divisions, or the Department of Behavioral Health and Developmental Disabilities; or (iv) Placed in a psychiatric residential treatment facility by his or her parent or legal guardian pursuant to a physician's order, if such child is not a home study, private school, or out-of-state student and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. Except for children who are committed to the Department of Juvenile Justice and receiving education services under Code Section 20-2-2084.1, the local unit of administration of the school district in which such child is present shall be responsible for the provision of all educational programs, including special education and related services, at no charge so long as the child is physically present in the school district. (B) A child shall be considered in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services or any of its divisions if custody has been awarded either temporarily or permanently by court order or by voluntary agreement, or if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Human Services. A child shall be considered in a facility or placement paid for or operated by the Department of Behavioral Health and Developmental Disabilities if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Behavioral Health and Developmental Disabilities or its contractors. (C) A facility providing educational services onsite to a child described in subparagraph (A) of this paragraph who is unable to leave such facility shall enter into a memorandum of understanding with the local unit of administration in which the facility is located. Such memorandum of understanding shall include, at a minimum, provisions regarding enrollment counting procedures, allocation of funding based on actual days of enrollment in the facility, and the party responsible for employing teachers. A memorandum of understanding shall be reviewed and renewed at least every two years. (D) No child in a secure residential facility as defined in Code Section 15-11-2, regardless of his or her custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which such facility is located. No child or youth in the custody of the Department of Corrections or the Department of Juvenile Justice and confined in a facility as a result of a sentence

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imposed by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held; provided, however, that such child or youth may be eligible for enrollment in a state charter school pursuant to Code Section 20-2-2084.1. (2) Except as otherwise provided in this Code section, placement in a facility by another local unit of administration shall not create an obligation, financial or otherwise, on the part of the local unit of administration in which the facility is located to educate the child. (3) For any child described in subparagraph (A) of paragraph (1) of this subsection, the custodian of or placing agency for the child shall notify the appropriate local unit of administration at least five days in advance of the move, when possible, when the child is to be moved from one local unit of administration to another. (4) When the custodian of or placing agency for any child notifies a local unit of administration, as provided in paragraph (3) of this subsection, that the child may become eligible for enrollment in the educational programs of a local unit of administration, such local unit of administration shall request the transfer of the educational records and Individualized Education Programs and all education related evaluations, assessments, social histories, and observations of the child from the appropriate local unit of administration no later than ten days after receiving notification. Notwithstanding any other law to the contrary, the custodian of the records has the obligation to transfer these records and the local unit of administration has the right to receive, review, and utilize these records. Notwithstanding any other law to the contrary, upon the request of a local unit of administration responsible for providing educational services to a child described in subparagraph (A) of paragraph (1) of this subsection, the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services shall furnish to the local unit of administration all medical and educational records in the possession of the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services pertaining to any such child, except where consent of a parent or legal guardian is required in order to authorize the release of any of such records, in which event the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services shall obtain such consent from the parent or guardian prior to such release. (5) Any local unit of administration which serves a child pursuant to subparagraph (A) of paragraph (1) of this subsection shall receive in the form of annual grants in state funding for that child the difference between the actual state funds received for that child pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred in educating that child, calculated pursuant to regulations adopted by the State Board of Education. Each local board of education shall be held harmless by the state from expending local funds for educating students pursuant to this Code section; provided, however, that this shall only apply to students who are unable to leave the facility in which they have been placed.

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(6) Enrollment of an eligible child pursuant to this Code section shall be effectuated in accordance with rules and regulations adopted by the State Board of Education. (7) For purposes of the accountability program provided for in Part 3 of Article 2 of Chapter 14 of this title, all facilities serving children described in subparagraph (A) of paragraph (1) of this subsection shall be, consistent with department rules and regulations, treated as a single local education agency; provided, however, that this paragraph shall not be construed to alleviate any responsibilities of the local unit of administration of the school district in which any such children are physically present for the provision of education for any such children. (8) The Department of Education, the State Charter Schools Commission, the Department of Human Services, the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, and the local units of administration where Department of Education, State Charter Schools Commission, Department of Juvenile Justice, Department of Behavioral Health and Developmental Disabilities, or Department of Human Services placements, facilities, or contract facilities are located shall jointly develop procedures binding on all agencies implementing the provisions of this Code section applicable to children and youth in the physical or legal custody of the Department of Juvenile Justice, under the care or physical or legal custody of the Department of Human Services, or under the physical custody of the Department of Behavioral Health and Developmental Disabilities."

SECTION 2. This Act shall not be construed to create a precedent that state education funds always follow a student who leaves a public school to attend a private school or be admitted to a facility, if not already provided for by law.

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

Approved May 3, 2018.

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LAW ENFORCEMENT OFFICERS AND AGENCIES BOARD OF PUBLIC SAFETY; ADD MEMBER.

No. 383 (House Bill No. 856).

AN ACT

To amend Code Section 35-2-1 of the Official Code of Georgia Annotated, relating to creation of Board of Public Safety, composition, and appointment and terms of office of members, so as to add the commissioner of community supervision to the composition of the Board of Public Safety; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 35-2-1 of the Official Code of Georgia Annotated, relating to creation of Board of Public Safety, composition, and appointment and terms of office of members, is amended by revising subsection (b) as follows:
"(b) The board shall consist of 16 members: (1) The following four members serve as follows: (A) The Governor, ex officio, who shall be chairperson of the board; (B) An appointee of the Governor who shall not be the Attorney General; (C) The official in charge of the Department of Corrections, ex officio; and (D) The commissioner of community supervision, ex officio. (2) Five members shall be selected as follows: (A) A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Sheriffs Association; the first representative shall serve an initial term ending on January 20, 1975, each subsequent term being three years; (B) A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Association of Chiefs of Police; the first representative shall serve an initial term ending on January 20, 1974, each subsequent term being three years; (C) A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the District Attorneys Association of Georgia; the first representative shall serve an initial term ending on January 20, 1973, each subsequent term being three years; (D) A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia State Firemen's Association; the first

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representative shall serve an initial term ending on January 20, 1984, each subsequent term being for three years; and (E) A representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Association of Fire Chiefs; the first representative shall serve an initial term beginning on January 21, 2011, each term being for three years. (3) Four members shall be selected as follows: (A) Two members appointed by the Governor. The first appointees shall serve an initial term ending on January 20, 2002. Each subsequent term shall be for three years; (B) One member appointed by the Lieutenant Governor. The first appointee shall serve an initial term ending on January 20, 2002. Each subsequent term shall be for three years; and (C) One member appointed by the Speaker of the House of Representatives. The first appointee shall serve an initial term ending on January 20, 2002. Each subsequent term shall be for three years. (4) By majority vote the board shall appoint three members from the state at large; no person so appointed shall be an officer or employee of any state or local governmental entity at the time of his or her appointment to or during his or her membership on the board. All terms of the three at-large members shall be four years. Any vacancy in the at-large membership shall be filled by the board for the unexpired term."

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

Approved May 3, 2018.

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LAW ENFORCEMENT OFFICERS AND AGENCIES GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL; QUORUM; RETENTION OF WEAPON AND BADGE UPON RETIREMENT FOR CERTAIN INVESTIGATORS; REPEAL TIME LIMIT ON CERTAIN EXAMINATIONS; REPEAL CERTIFICATION OF POLICE CHAPLAINS.

No. 386 (House Bill No. 867).

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 revise the quorum for transaction of business by the Georgia Peace Officer Standards and Training Council; to clarify that certain investigators employed by the council may retain their weapon and badge upon retirement; to repeal the requirement that peace officers who do not perform satisfactorily on the job related academy entrance examination be ineligible to retake the examination for a period of 30 days; to repeal requirements for the training and certification of police chaplains; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, is amended by revising Code Section 35-8-4, relating to officers of council, quorum, minutes of meetings and records, and reports to Governor and General Assembly, as follows:
"35-8-4. The business of the council shall be conducted in the following manner:
(1) The officers of the council, who shall consist of a chairperson, vice chairperson, and secretary-treasurer, shall be elected at the first meeting of each calendar year. (2) Eleven members of the council shall constitute a quorum for the transaction of business. (3) The council shall maintain minutes of its meetings and such other records as it deems necessary. (4) The council shall report at least annually to the Governor and to the General Assembly as to its activities."

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SECTION 2. Said chapter is further amended by revising Code Section 35-8-6, relating to appointment of executive director of council, contracts for services, personnel, investigators, subpoenas, funding, and gifts, grants, or donations, as follows:
"35-8-6. (a) The council may appoint an executive director who shall serve at the pleasure of the council. The council shall establish the compensation for the executive director. (b) The executive director may contract for such services as may be necessary and authorized in order to carry out the provisions of this chapter and may employ such other professional, technical, and clerical personnel deemed necessary to carry out the purposes of this chapter. (c) The executive director is authorized to appoint certain investigators for the purpose of carrying out the provisions of this chapter. The executive director and persons so appointed shall meet all employment and training requirements of this chapter as for all other peace officers and shall have all of the powers of other peace officers. Any investigator of the council shall have access to and may examine any writing, document, or other material which is deemed by the chairperson of the council to be related to the fitness of any peace officer or applicant to practice as a peace officer. The chairperson or executive director of the council may issue subpoenas to compel such access. When a subpoena is disobeyed, the council may apply to the superior court of the county where the person to whom the subpoena is issued resides for an order requiring obedience. Failure to comply with such order shall be punishable as for contempt of court. (d) Investigators provided for under subsection (c) of this Code section may retain their weapon and badge upon retirement pursuant to the requirements and procedures provided for under Code Section 35-1-20. (e) The funds necessary to carry out this chapter shall come from the funds appropriated to and available to the council and from any other available funds. (f) The council is authorized to accept and use gifts, grants, donations, property, both real and personal, and services for the purpose of carrying out this chapter. (g) Any funds, property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds appropriated to the council; and the funds, property, or services so received by gifts, grants, or donations shall be the property and funds of the council and, as such, shall not lapse at the end of each fiscal year but shall remain under the control of and subject to the direction of the council for carrying out this chapter."

SECTION 3. Said chapter is further amended by revising paragraph (8) of subsection (a) of 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 "employment related information" defined, as follows:

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"(8) Successfully complete a job related academy entrance examination provided for and administered by the council in conformity with state and federal law. Such examination shall be administered prior to entrance to the basic course provided for in Code Sections 35-8-9 and 35-8-11. The council may change or modify such examination and shall establish the criteria for determining satisfactory performance on such examination. The provisions of this paragraph establish only the minimum requirements of academy entrance examinations for peace officer candidates in this state; each law enforcement unit is encouraged to provide such additional requirements and any preemployment examination as it deems necessary and appropriate. Any person with a degree from a postsecondary institution accredited by a regional accrediting agency recognized by the United States Department of Education shall be deemed to have met the requirements of this paragraph."

SECTION 4. Said chapter is further amended by revising Code Section 35-8-13, relating to training and certification of police chaplains, as follows:
"35-8-13. Reserved."

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

Approved May 3, 2018.

__________

REVENUE AND TAXATION SALES AND USE TAXES; CHANGE AMOUNT OF AGRICULTURAL EXEMPTION; PROVIDE FOR COOPERATION BETWEEN DEPARTMENT OF REVENUE AND DEPARTMENT OF AGRICULTURE IN ADMINISTRATION AND ENFORCEMENT OF CERTAIN PROVISIONS.

No. 387 (House Bill No. 886).

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 provide for the cooperation of the Department of Revenue and the Department of Agriculture in the administration and enforcement of the state sales and use tax exemption for agricultural machinery and equipment; to provide for a

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change to the qualifying amounts for the agricultural exemption; to provide for penalties; to provide for reporting; 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 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use taxes, is amended in Code Section 48-8-3.3, relating to the sales and use tax exemption for agricultural machinery and equipment, by revising paragraph (5) of subsection (a) and subsections (c) through (f) and by adding a new subsection to read as follows:
"(5) 'Qualified agricultural producer' includes producers of agricultural products who meet one of the following criteria:
(A) The person or entity is the owner or lessee of agricultural land or other real property from which $5,000.00 or more of agricultural products in aggregate were produced and sold during the year, including payments from government sources; (B) The person or entity is in the business of performing agricultural operations and has provided $5,000.00 of such services during the year; (C) The person or entity is in the business of producing long-term agricultural products from which there might not be annual income, including, but not limited to, timber, pulpwood, orchard crops, pecans, livestock, and horticultural or other multiyear agricultural or farm products. Applicants must demonstrate that sufficient volumes of such long-term agricultural products will be produced which have the capacity to generate in aggregate at least $5,000.00 in annualized sales in the future; or (D) The person or entity must establish, to the satisfaction of the Commissioner of Agriculture, that the person or entity is actively engaged in the production of agricultural products and has or will have created sufficient volumes to generate in aggregate at least $5,000.00 in annualized sales." "(c) The Commissioner of Agriculture shall require applicants to acknowledge and produce, upon request, at least one of the following forms to determine eligibility under this Code section: (1) Business activity on IRS schedule F (Profit or Loss from Farming); (2) Farm rental activity on IRS form 4835 (Farm Rental Income and Expenses) or schedule E (Supplemental Income and Loss); (3) IRS Form 4797; (4) IRS Form 1065; or (5) IRS Form 1120 or 1120(s). If an applicant does not file any of the forms provided for in this subsection but claims eligibility for the exemption certificate pursuant to the criteria specified in paragraph (5) of subsection (a) of this Code section, the applicant shall provide to the Commissioner of

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Agriculture any documentation, tax returns, forms, or sales receipts required by the Commissioner of Agriculture and the commissioner, in his or her discretion, shall determine if the applicant has met such eligibility requirements in determining whether to issue or deny the issuance of the certificate.
(d)(1) Qualified agricultural producers that meet the criteria provided for in paragraph (5) of subsection (a) of this Code section must apply to the Commissioner of Agriculture to request an agricultural sales and use tax exemption certificate that contains an exemption number. Upon request, the qualified agricultural producer shall also produce the form or forms requested by the Commissioner of Agriculture under subsection (c) of this Code section to the commissioner. Such application shall be in a form prescribed by the Commissioner of Agriculture and shall contain, among other information, a warning to the agricultural producer of the consequences for providing false information on the application or for unauthorized use or misuse of the exemption applied for, an acknowledgment by the agricultural producer that the Commissioner of Agriculture is authorized, by the submission of the application, to share the information contained therein with the department, and an acknowledgment by the agricultural producer that records of purchases of qualified agricultural products exempt from sales and use tax shall be maintained and shall, upon request, be furnished to the Commissioner of Agriculture and the commissioner. (2) The Commissioner of Agriculture shall not issue or renew an agricultural sales and use tax exemption until the agricultural producer requesting such certificate has provided the Commissioner of Agriculture with a valid state taxpayer identification number obtained through the Department of Revenue's Georgia Tax Center. (3) Any agricultural sales and use tax exemption certificate issued or renewed on or after January 1, 2019, shall be valid for three years. In order to have staggered renewal dates for such three-year certificates, the Commissioner of Agriculture shall, by rules and regulations, establish a schedule for the orderly renewal of existing certificates and shall prorate the application or renewal fee specified in paragraph (4) of subsection (e) of this Code section for the initial period, if less than three years, so renewed. (4) To facilitate the use of the exemption certificate, a wallet sized card containing the producer's name, address, exemption number, and expiration date shall be issued by the Commissioner of Agriculture. Notwithstanding that exemption certificates are renewed for three-year periods, the Commissioner of Agriculture shall, upon renewal, issue a card each year that such certificate is in effect. (e)(1) The Commissioner of Agriculture and the commissioner are authorized to cooperate in the promulgation of rules and regulations governing the issuance of agricultural exemption certificates and the administration and enforcement of this Code section. (2) A seller shall, upon the first use of a new or renewed tax exemption certificate during any calendar year, verify that such certificate is valid by reviewing the producer's certificate. A seller shall be authorized to continue to honor the tax exemption certificate

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unless the seller receives actual notice of a suspension or revocation. A seller is prohibited from allowing the sales tax exemption if the producer cannot provide a valid tax exemption certificate. (3) If an agricultural producer knowingly uses a tax exemption certificate unlawfully, the Commissioner of Agriculture, after verifying the unlawful use of the tax exemption certificate, and subject to notice and a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall suspend the certificate for up to one year. If a subsequent unlawful use is knowingly made within five years following the end of the suspension, the Commissioner of Agriculture, after notice and hearing, shall determine if the certificate should be revoked. Any agricultural producer who has had his or her certificate revoked pursuant to this paragraph shall not be eligible for the issuance of a new tax exemption certificate until three years from the date of such revocation. (4) The Commissioner of Agriculture is authorized to establish an oversight board and direct staff and is authorized to charge a fee of $150.00 per three-year issuance or renewal. (f)(1) The department, in conjunction with the Department of Agriculture, is authorized to conduct audits, as necessary, to monitor compliance with the provisions of this Code section. (2) The department and the Department of Agriculture shall, and are hereby authorized to, share information that is necessary to efficiently administer and enforce the provisions of this Code section. Any information shared for these purposes, if confidential, shall retain its character as confidential and privileged information. The furnishing of information as permitted by this Code section shall not be deemed to change the confidential character of the information furnished. Any person who divulges any confidential information obtained under this Code section shall be subject to the same civil and criminal penalties as provided for divulgence of confidential information by employees of the department. (3) Upon issuance of a new or renewed tax exemption certificate, the Department of Agriculture shall provide the applicant with informational material detailing the lawful use of the tax exemption certificate. Any seller of tax exempt products under this Code section shall also be provided with such informational material. Any person who knowingly uses such certificate unlawfully shall be subject to any civil or criminal penalties authorized by law in addition to the suspension or revocation of such certificate." "(i) The Department of Agriculture shall prepare an annual report for the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee detailing the activity in administering and enforcing the provisions of this Code section. The report shall include but not be limited to the: (1) Number of new tax exemption certificates issued; (2) Number of renewed tax exemption certificates issued; and (3) Number of tax exemption certificates revoked or suspended due to knowingly unlawful activity."

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

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

Approved May 3, 2018.

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CRIMES AND OFFENSES SHOPLIFTING; USE OF EMERGENCY EXIT.

No. 388 (House Bill No. 890).

AN ACT

To amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to make it unlawful to use an emergency exit after having shoplifted; to provide for a penalty; 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 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, is amended by revising Code Section 16-11-40, designated as reserved, as follows:
"16-11-40. It shall be unlawful to use an emergency exit door after having violated Code Section 16-8-14. Any person convicted of violating this Code section shall be guilty of and punished as for a misdemeanor."

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

Approved May 3, 2018.

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CONTRACTS LOCAL GOVERNMENT BIDDERS; QUALIFICATIONS.

No. 389 (House Bill No. 899).

AN ACT

To amend Chapter 10 of Title 13 and Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to contracts for public works and public works bidding, respectively, so as to prohibit the disqualification of bidders based upon lack of previous experience with the delivery method; 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 10 of Title 13 of the Official Code of Georgia Annotated, relating to contracts for public works, is amended by revising Code Section 13-10-4, relating to limitation on disqualifications of bidders upon lack of previous experience, as follows:
"13-10-4. In awarding contracts based upon sealed competitive bids or sealed competitive proposals, no bidder shall be disqualified from a bid or proposal or denied prequalification based upon:
(1) A lack of previous experience with a job of the size for which the bid or proposal is being sought if:
(A) The bid or proposal is not more than 30 percent greater in scope or cost from the bidder's previous experience in jobs; (B) The bidder has experience in performing the work for which bids or proposals are sought; and (C) The bidder is capable of being bonded by a surety which meets the qualifications of the bid documents for a bid bond, a performance bond, and a payment bond as required for the scope of the work for which the bid or proposal is being sought; or (2) A lack of previous experience with the construction delivery method to be used for the job for which the bid or proposal is being sought."

SECTION 2. Chapter 91 of Title 36 of the Official Code of Georgia, relating to public works bidding, is amended by revising Code Section 36-91-23, relating to disqualification of otherwise qualified bidder from bid or proposal or prequalification based upon lack of previous experience with job of that size prohibited and conditions, as follows:

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"36-91-23. In awarding contracts based upon sealed competitive bids or sealed competitive proposals, no responsible bidder shall be disqualified from a bid or proposal or denied prequalification based upon:
(1) A lack of previous experience with a job of the size for which the bid or proposal is being sought if:
(A) The bid or proposal is not more than 30 percent greater in scope or cost from the responsible bidder's previous experience in jobs; (B) The responsible bidder has experience in performing the work for which bids or proposals are sought; and (C) The responsible bidder is capable of being bonded by a surety which meets the qualifications of the bid documents for a bid bond, a performance bond, and a payment bond as required for the scope of the work for which the bid or proposal is being sought; or (2) A lack of previous experience with the construction delivery method to be used for the job for which the bid or proposal is being sought."

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

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

Approved May 3, 2018.

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HEALTH DESIGNATION AND OPERATION OF PERINATAL FACILITIES.

No. 392 (House Bill No. 909).

AN ACT

To amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Public Health, so as to provide for the designation of perinatal facilities; to provide for legislative findings; to provide for definitions; to provide for criteria for levels of care; to provide for applications from perinatal facilities; to require the department to post a list of designated facilities; to provide for a self-assessment tool; to provide for statutory construction; to limit advertisement as a designated facility unless approved by the state; to

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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 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Public Health, is amended by adding a new article to read as follows:

"ARTICLE 3

31-2A-50. The General Assembly finds and declares that:
(1) Georgia ranks as the forty-ninth worst in the nation for the numbers of maternal deaths occurring during and one year after pregnancy; (2) Georgia ranks as the thirty-second worst in the nation for the number of infant deaths occurring before the first birthday; (3) Georgia ranks as the forty-fifth worst in the nation for the percentage of premature births, a leading cause of infant deaths; (4) Low birth weight or premature infants are more likely to survive if the birth takes place in a facility which is prepared to handle the risks associated with such deliveries; (5) Several states have established programs to inspect and designate facilities that have developed the capacity to provide expanded levels of neonatal and maternal care; and (6) Therefore, it is in the best interest of the residents of this state to establish a program that encourages the improvement of quality of care to create better maternal and neonatal outcomes.

31-2A-51. As used in this article, the term:
(1) 'Designated facility' means a perinatal facility that has been inspected and approved by the department pursuant to this article as meeting its established criteria for a particular maternal or neonatal level of care. (2) 'Perinatal facility' means a hospital, clinic, or birthing center that provides maternal or neonatal health care services.

31-2A-52. (a) The department shall establish a procedure by which a perinatal facility may request approval as a designated facility which has achieved a particular maternal or neonatal level of care.

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(b)(1) The department shall establish through rulemaking the criteria for levels of maternal and neonatal care, ranging from basic care to such additional levels of care as may be deemed appropriate for the protection of mothers and infants at elevated risk. (2) The department shall establish separate criteria for levels of maternal care and neonatal care. Such criteria may include, without limitation, data collection and reporting, arrangements for patient transportation, and protocols for coordination with and referral of patients to and from other health care facilities. (3) In establishing or revising the criteria for maternal and neonatal levels of care, the department shall conduct public comment hearings; solicit the views of hospitals, birthing centers, health care providers, and related professional associations; and give due consideration to the current recommendations of medical and scientific organizations in the field of perinatal medicine.

31-2A-53. (a) A perinatal facility may apply to the department for designation through an application process to be determined by the department. The facility shall demonstrate to the satisfaction of the department that it meets the applicable criteria for the requested level of care. The application process may include an on-site inspection of the facility at the discretion of the department. (b) The department may establish requirements for the periodic review and redesignation of designated facilities. (c) The department may suspend or revoke the designation of a designated facility, after notice and hearing, if the department determines that the facility is no longer in compliance with the criteria established pursuant to this article.

31-2A-54. (a) On or before December 31, 2019, the department shall post and annually update a list of designated facilities on its website. (b) The department shall adopt or develop a self-assessment tool for use by perinatal facilities that includes separate, minimum requirements for neonatal and maternal levels of care. The department shall post this assessment tool on its website no later than July 1, 2019.

31-2A-55. This article, and any criteria developed by the department pursuant to 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 or expand the authority of a hospital or other health care facility to provide services for which it has received a license under state law. The General Assembly intends that all patients be treated individually based on each patient's needs and circumstances.

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31-2A-56. No person or facility may advertise to the public, by way of any medium whatsoever, that it is a designated facility or has achieved a particular level of maternal or neonatal care according to the criteria established pursuant to this article, unless it has been designated as such by the department.

31-2A-57. The department 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 3, 2018.

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REVENUE AND TAXATION RENEWALS OF MOST TAX.

No. 394 (House Bill No. 929).

AN ACT

To amend Article 4 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the water and sewer projects and costs tax (MOST), so as to allow for additional renewals of the tax; 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 8 of Title 48 of the Official Code of Georgia Annotated, relating to the water and sewer projects and costs tax (MOST), is amended by revising Code Section 48-8-203, relating to imposition of the tax following approval and termination of tax, as follows:
"48-8-203. (a)(1) If the imposition of the tax is approved by referendum, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters.

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(2) With respect to services which are regularly billed on a monthly basis, however, the resolution or ordinance imposing the tax shall become effective with respect to and the tax shall apply to the first regular billing period coinciding with or following the effective date specified in paragraph (1) of this subsection. A certified copy of the ordinance or resolution imposing the tax shall be forwarded to the commissioner so that it will be received within five business days after certification of the election results. (b) The tax shall cease to be imposed on the earliest of the following dates: (1) If the resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation of such debt; (2) On the final day of the maximum period of time specified for the imposition of the tax; or (3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the municipality net proceeds equal to or greater than the amount specified as the maximum amount of net proceeds to be raised by the tax. (c)(1) No municipality shall impose at any time more than a single 1 percent tax under this article. (2) A municipality in which a tax authorized by this article is in effect may, while the tax is in effect, adopt a resolution or ordinance calling for a reimposition of a tax as authorized by this article upon the termination of the tax then in effect; and a referendum may be held for this purpose while the tax is in effect. Proceedings for such reimposition shall not be conducted more than six times; shall be in the same manner as proceedings for the initial imposition of the tax as provided for in Code Section 48-8-202 and shall be solely within the discretion of the governing authority of the municipality without regard to any requirement of county participation otherwise specified under subsection (a) of Code Section 48-8-201. Such newly authorized tax shall not be imposed until the expiration of the tax then in effect; provided, however, that in the event of emergency conditions under which a municipality is unable to conduct a referendum so as to continue the tax then in effect without interruption, the commissioner may, if feasible administratively, waive the limitations of subsection (a) of this Code section to the minimum extent necessary so as to permit the reimposition of a tax, if otherwise approved as required under this Code section, without interruption, upon the expiration of the tax then in effect. (3) Following the expiration of a tax under this article which has been renewed six times under paragraph (2) of this subsection, a municipality shall not be authorized to initiate proceedings for the reimposition of a tax under this article or to reimpose such tax."

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

Approved May 3, 2018.

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EDUCATION STATE GOVERNMENT GEORGIA JOINT DEFENSE COMMISSION; DEFENSE COMMUNITY ECONOMIC DEVELOPMENT GRANT PROGRAM; CREATION.

No. 399 (Senate Bill No. 395).

AN ACT

To amend Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational, technical, and adult education, so as to create the Georgia Joint Defense Commission; to provide for appointments, terms of office, compensation, and duties; to provide for annual reports; to provide for administrative support; to create the Defense Community Economic Development Grant Program; to provide for the transfer of funds; to provide for an application process and procedures; to provide for rules and regulations; to provide for definitions; to repeal Article 10 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Defense Community Economic Development Fund; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational, technical, and adult education, is amended by adding a new article to read as follows:

"ARTICLE 6 PART 1

20-4-120. (a) There is hereby created the Georgia Joint Defense Commission, which shall consist of 19 members as follows:
(1) The chairperson of the Senate Veterans, Military and Homeland Security Committee; (2) The chairperson of the Senate Economic Development and Tourism Committee;

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(3) Four members of the House of Representatives to be appointed by the Speaker of the House of Representatives; (4) Two members of the Senate, one each from the majority party and the minority party, to be appointed by the Lieutenant Governor; (5) One citizen member from each of the state's eight military installation regions to be appointed by the Governor; (6) The director of the Governor's Defense Initiative; (7) The Adjutant General of the Georgia National Guard or his or her designee; and (8) The commissioner of the Technical College System of Georgia or his or her designee. (b)(1) The members of the commission appointed pursuant to paragraphs (1) through (4) of subsection (a) of this Code section shall serve two-year terms. (2) The members of the commission appointed pursuant to paragraph (5) of subsection (a) of this Code section shall serve four-year terms, provided that of the initial appointees, two shall serve an initial two-year term, two shall serve an initial three-year term, and four shall serve an initial four-year term. (3) The members of the commission appointed pursuant to paragraphs (6) and (7) of subsection (a) of this Code section shall serve the duration of their respective terms in office. (c) The commission chairperson shall be the director of the Governor's Defense Initiative. The commission shall meet at such times and places as it deems necessary or convenient to perform its duties. The commission shall also meet upon the written call of the commission chairperson or of three of its members. The commission shall maintain minutes of its meetings and such other records at it deems necessary. (d)(1) Members of the commission shall serve without compensation, but shall receive for each day of attendance at commission meetings a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21, plus reimbursement for actual transportation costs while traveling by public carrier, or the legal mileage rate for use of a personal car in connection with such attendance. (2) The daily expense allowance and reimbursement of transportation costs provided for by this subsection:
(A) Shall be paid by funds appropriated to the Technical College System of Georgia; and (B) Shall not be received by any member of the commission for more than five days unless additional days are authorized by the Governor. (e) Members of the commission shall serve at the pleasure of the Governor, President of the Senate, or Speaker of the House of Representatives, in accordance with who appointed them.

20-4-121. The Georgia Joint Defense Commission shall:

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(1) Advise the Governor and the General Assembly on defense and military issues within the state and nationally; (2) Make recommendations regarding policies and plans to support the long-term viability and development of the military, both active and civilian, in this state; (3) Develop methods to assist defense-dependent communities in the design and execution of programs that enhance each community's relationship with military installations and defense related business; (4) Serve as a task force to seek advice on and prepare for potential base realignment or closure of military installations in the state; (5) Develop and implement a plan to navigate potential base realignment or closure of military installations studies and proceedings; and (6) Produce and distribute a detailed report no later than December 1, 2018, and annually thereafter, regarding the status of the state's military installations, as well as a strategic plan for navigating any potential base realignment or closure of military installations in the state. Such annual reports shall be distributed to the Governor and the General Assembly and shall be made publicly available.

20-4-122. Staff of the Technical College System of Georgia shall provide administrative support for the Georgia Joint Defense Commission.

PART 2

20-4-130. As used in this part, the term:
(1) '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. (2) '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. (3) '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 workforce development division determines is economically impacted to a similar degree by the presence of a nearby military installation. (4) '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.

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(5) 'Public official' shall have the same meaning as in Code Section 50-36-2 or 2 U.S.C. Section 1602.

20-4-131. (a) Subject to appropriations by the General Assembly, the commissioner of the Technical College System of Georgia shall administer a grant program to be called the Defense Community Economic Development Grant Program, which shall serve the purpose of awarding grants to assist military communities with grant goals. (b) The commissioner of the Technical College System of Georgia shall administer such program and such program's associated funds. (c) All funds that were appropriated for the provision of the Defense Community Economic Development Fund shall be transferred to the workforce development division for the provision of the Defense Community Economic Development Grant Program.

20-4-132. (a) The amount of any grant awarded pursuant to this part shall be determined by the commissioner of the Technical College System of Georgia on a case-by-case review of applications which shall include, but shall 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. (b) Each military community shall be required as a condition of receipt of any grant awarded pursuant to this part to match such awarded funds. The commissioner of the Technical College System of Georgia shall prescribe conditions for releasing grant funds based upon a military community matching such funds. (c) The commissioner of the Technical College System of Georgia shall be authorized to charge such fees as are reasonable and necessary to offset costs associated with processing applications submitted pursuant to this part.

20-4-133. Any military community may submit an application to the commissioner of the Technical College System of Georgia for a grant to assist in the pursuance of a grant goal. Such application shall be submitted on a form and in a manner to be prescribed by the commissioner of the Technical College System of Georgia. Each application shall, at a minimum, include a statement from the military community applying for such grant as to how such grant goal will contribute to the economic viability of the military installation within such military community.

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20-4-134. The commissioner of the Technical College System of Georgia shall promulgate rules and regulations necessary to implement the purposes of this part."

SECTION 2. Article 10 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Defense Community Economic Development Fund, is amended by repealing and reserving said Article.

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

Approved May 3, 2018.

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CONSERVATION AND NATURAL RESOURCES PROHIBIT CERTAIN CHARGES FOR WATER SERVICE FOR FIRE SPRINKLER PROTECTION SYSTEMS.

No. 400 (Senate Bill No. 404).

AN ACT

To amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, so as to prohibit county, municipal, and other public water systems from charging or assessing a separate fee for water service for fire sprinkler protection systems; to provide for a purpose; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, is amended by adding a new Code section to read as follows:
"12-5-180.2. (a) The purpose of this Code section is to encourage the use of fire sprinkler protection systems.

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(b) No county, municipal, or other public water system shall charge or assess a separate fee for water service for fire sprinkler protection systems for more than the costs to provide such service."

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

Approved May 3, 2018.

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MOTOR VEHICLES AND TRAFFIC DUE CARE AND CAUTION FOR ON-TRACK EQUIPMENT AT RAILROAD GRADE CROSSINGS.

No. 401 (Senate Bill No. 409).

AN ACT

To amend Article 7 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to negotiating railroad crossings and entering highways from private driveways, so as to require that persons driving vehicles shall exercise due care and caution for other on-track equipment, as for trains, at railroad grade crossings; 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. Article 7 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to negotiating railroad crossings and entering highways from private driveways, is amended by revising Code Section 40-6-140, relating to obedience to signal indicating approach of train and reasonable and prudent standard for crossing railroad grade, as follows:
"40-6-140. (a) As used in this Code section, the term 'other on-track equipment' means any car, rolling stock, or other device that, alone or coupled to another device, is operated on stationary rails. (b) Whenever any person driving a vehicle approaches a railroad grade crossing, such driver shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and shall not proceed until he or she can do so safely, when:

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(1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a train; (2) A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach of the passage of a train or other on-track equipment; or (3) An approaching train or other on-track equipment is plainly visible and is in hazardous proximity to such crossing. (c) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed. (d) If no electric or mechanical signal device is giving warning of the immediate approach of a train or other on-track equipment, no crossing gate or barrier is closed, there is no stop sign at the crossing, and there is no human flagman giving warning, all drivers shall slow to a reasonable and prudent speed and verify that there is no approaching train or other on-track equipment prior to proceeding. For the purposes of this subsection, 'a reasonable and prudent speed' means a speed slow enough to enable the driver to safely stop the vehicle prior to reaching the nearest rail of such crossing. (e) No person shall drive a vehicle over a railroad grade crossing when a train or other on-track equipment is approaching. (f) No person shall drive a vehicle over a railroad grade crossing if there is insufficient space to drive completely through the crossing without stopping. (g) No person shall drive a vehicle over a railroad grade crossing if there is insufficient undercarriage clearance for the vehicle to negotiate the crossing."

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

Approved May 3, 2018.

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HEALTH PHARMACISTS; EXEMPTION FOR CERTAIN MEDICAL TESTS.

No. 404 (Senate Bill No. 422).

AN ACT

To amend Chapter 22 of Title 31 of the Official Code of Georgia Annotated, relating to clinical laboratories, so as to provide for changes to provisions exempting pharmacists from provisions of said chapter when performing certain tests; to remove a cross-reference; to provide for reporting of tests and standards; 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 22 of Title 31 of the Official Code of Georgia Annotated, relating to clinical laboratories, is amended in Code Section 31-22-9, relating to applicability of chapter, by revising subsection (b) as follows:
"(b) This chapter shall not apply to pharmacists licensed pursuant to Chapter 4 of Title 26, who shall be considered practicing within their scope of practice, when they are performing tests and interpreting the results as a means to screen for or monitor disease risk factors or drug use and facilitate patient education, so long as such tests are available to and for use by the public without licensure of the user of such tests. Pharmacists performing such tests shall make reasonable efforts to report the results obtained from such tests to the patient's physician of choice."

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

Approved May 3, 2018.

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GENERAL PROVISIONS COURTS WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES PROBATE JUDGES; COMPREHENSIVE REVISION OF PROVISIONS CONCERNING.

No. 405 (Senate Bill No. 436).

AN ACT

To amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to change and modernize certain general provisions for probate courts; to change provisions relating to training, the appointment of associate probate judges, bond, and the filling of a vacancy of the probate court judge and procedures connected thereto; to repeal provisions relating to the sheriff acting as administrator under certain circumstances; to change provisions relating to The Council of Probate Judges of Georgia; to change provisions relating to the authority of retired probate judges to perform marriage ceremonies; to change provisions relating to judges acting as clerk of probate court; to change provisions relating to recording of proceedings; to repeal provisions relating to fee systems being continued; to change provisions relating to probate court office hours; to require certain pleadings be verified; to change certain provisions relating to the Probate Judges Training Council; to

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conform cross-references; to amend Code Section 1-3-1 of the Official Code of Georgia Annotated, relating to construction of statutes generally, so as to conform a cross-reference; to amend Article 1 of Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions for probate, so as to define a term for the purpose of the right to offer a will for probate; 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 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by revising Code Section 15-9-1.1, relating to required training courses, filing certificate of completion, and expenses, as follows:
"15-9-1.1. (a) Any individual who is elected, appointed, or becomes a judge of the probate court by operation of law after January 1, 1990, after taking office as judge of the probate court, shall satisfactorily complete a new judge orientation training course prescribed by the Probate Judges Training Council and the Institute of Continuing Judicial Education of Georgia at the first occasion such course is offered. Such judge shall complete an attendance record of such training issued by the Institute of Continuing Judicial Education of Georgia and file it with the Probate Judges Training Council. (b) Each judge of the probate court shall be required to complete additional training prescribed by the Probate Judges Training Council and the Institute of Continuing Judicial Education of Georgia during each year he or she serves as a judge of the probate court and complete an attendance record of such training issued by the Institute of Continuing Judicial Education of Georgia and file it with the Probate Judges Training Council. (c) Any judge who fails to complete the new judge orientation training course as required by subsection (a) of this Code section or to earn the required cumulative annual minimal credit hours of training during any one-year period after the new judge orientation training may be given a six-month administrative extension by the Probate Judges Training Council during which to fulfill this requirement. Individual requests for extensions beyond the initial six-month extension for reasons of disability, hardship, or extenuating circumstance may be approved on a case-by-case basis by the Probate Judges Training Council. Upon failure to earn the required hours within the six-month extension period or additional extension period or periods granted, the Probate Judges Training Council shall promptly notify the Judicial Qualifications Commission which shall recommend to the Supreme Court removal of the probate judge from office unless the Judicial Qualifications Commission finds that the failure was caused by circumstances beyond the control of the probate judge.

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(d) All expenses of training authorized or required by this Code section, including any tuition which may be fixed by the Institute of Continuing Judicial Education, shall be paid by the probate judge or probate judge elect taking the training; but the probate judge or probate judge elect shall be reimbursed by the Institute of Continuing Judicial Education of Georgia to the extent that funds are available to the institute for such purpose; provided, however, that if such funds are not available, each probate judge or probate judge elect shall be reimbursed from county funds by action of the county governing authority."

SECTION 1-2. Said chapter is further amended by revising subsections (a) and (b) of Code Section 15-9-2, relating to eligibility for judgeship and restrictions on fiduciary role, as follows:
"(a)(1) Except as otherwise provided in subsection (c) of this Code section, no individual shall be eligible to offer for election to or hold the office of judge of the probate court unless the individual:
(A) Is a citizen of the United States; (B) Is a resident of the county in which the individual seeks the office of judge of the probate court for at least two years prior to qualifying for election to the office and remains a resident of such county during the term of office; (C) Is a registered voter; (D) Has attained the age of 25 years prior to the date of qualifying for election to the office, but this subparagraph shall not apply to any individual who was holding the office of judge of the probate court on July 1, 1981; (E) Has obtained a high school diploma or its recognized equivalent; and (F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States. (2) Each individual offering as a candidate for the office of judge of the probate court shall file an affidavit with the officer before whom such individual has qualified to seek the office of judge of the probate court prior to or at the time of qualifying as a candidate. The affidavit shall affirm that the individual meets all the qualifications required by subparagraphs (A), (C), (D), (E), and (F) of paragraph (1) of this subsection and either subparagraph (B) of paragraph (1) of this subsection or subsection (c) of this Code section. (b) The judge of the probate court shall not, during his or her term of office, be executor, administrator, or guardian, or other agent of a fiduciary nature required to account to his or her court. When any individual holding such trust is elected judge of the probate court, his or her letters and powers immediately abate upon his or her qualification. However, a judge of the probate court may be an administrator, guardian, or executor in a case where the jurisdiction belongs to another county or in a special case when he or she is allowed by law and required to account to the judge of the probate court of another county."

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SECTION 1-3. Said chapter is further amended by revising Code Section 15-9-2.1, relating to appointment, compensation, term, authority, qualifications, training, and other limitations of associate probate court judges, as follows:
"15-9-2.1. (a) Appointment, compensation, and term.
(1) The judge of the probate court may appoint one or more individuals to serve as associate judges of the probate court in probate matters on a full-time or part-time basis subject to the approval of the governing authority of the county. Such associate judges of the probate court shall serve at the pleasure of the judge of the probate court. (2) Whenever an associate judge of the probate court is appointed to serve in a probate court, the clerk of the probate court shall forward a certified copy of the order of appointment to the Council of Probate Court Judges of Georgia. (3) Associate judges of the probate court shall be included in the list of members of the Council of Probate Court Judges of Georgia as set forth in Code Section 15-9-15. An associate judge of the probate court shall not be a voting member and shall not serve as an officer of the Council of Probate Court Judges of Georgia. (4) Compensation of the associate judges of the probate court shall be fixed by the judge of the probate court subject to the approval of the governing authority or governing authorities of the county or counties for which the associate judge of the probate court is appointed. The salary and any employment benefits of each associate judge of the probate court shall be paid from county funds. No associate judge of the probate court shall be eligible to participate in the Judges of the Probate Courts Retirement Fund of Georgia. (b) Authority. Both full-time and part-time associate judges of the probate court shall be vested with all of the authority of the judge of the probate court of the county or counties for which the associate judge of the probate court is appointed. In all proceedings before the court, the judgment of an associate judge of the probate court shall be the final judgment of the court for appeal purposes. (c) Qualifications and training requirements. (1) With the exception of the residency requirement set forth in subparagraph (a)(1)(B) of Code Section 15-9-2, all associate judges of the probate court shall have the same qualifications required of the elected judge of the probate court of the county or counties for which the associate judge of the probate court is appointed. (2) All full-time associate judges of the probate court shall complete the training requirements set forth for judges of the probate court in Code Section 15-9-1.1. All part-time associate judges of the probate court shall be required to attend a minimum of nine hours of training in an area related to probate court, mental health, or traffic matters as determined by the elected judge of the probate court. All probate required training shall be paid for by the governing authority or governing authorities of the county or counties for which the associate judge of the probate court is appointed.

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(d) Oath and bond. (1) Before entering on the duties of their offices, all associate judges of the probate court shall take the oaths required of all civil officers and, in addition, the following oath: 'I do swear that I will well and faithfully discharge the duties of associate judge of the probate court for the County of __________________ during my continuation in office, according to law, to the best of my knowledge and ability, without favor or affection to any party. So help me God.' (2) The clerk of the probate court shall make an entry of the oath of each associate judge of the probate court on the minutes of the probate court. In the case of an associate judge of the probate court serving as a magistrate, no oath, certificate, or commission shall be required except the oath and commission of the associate judge of the probate court as an associate judge of the probate court.
(e) Restriction on the practice of law and the fiduciary role. (1) It shall be unlawful for any 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 to give advice or counsel to any individual on any matter of any kind whatsoever that has arisen directly or indirectly in his or her own court. Nothing in this chapter shall be construed to limit in any way the ability of an associate judge of the probate court to serve as or offer advice in his or her role as a judge advocate or in any other military role in an active duty or 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, the Georgia State Defense Force, or in the National Guard or Air National Guard of any state or territory of the United States. (2) Subsection (b) of Code Section 15-9-2 regarding a judge's limitations on the fiduciary role shall apply to all associate judges of the probate court.
(f) Proceedings when an associate judge of the probate court is disqualified. Whenever the judge of the probate court is unable to act in any case because of a conflict of interest, an unlawful act or the accusation of an unlawful act by such judge, or other disqualification of such judge, any associate judge of the probate court shall also be disqualified."

SECTION 1-4. Said chapter is further amended by revising Code Section 15-9-3, relating to restrictions on the practice of law, as follows:
"15-9-3. No judge of a probate court shall engage, directly or indirectly, in the practice of law in his or her own name or in the name of another, as open or silent partner, or otherwise:
(1) In any case or proceeding in his or her own court;

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(2) In another court in a case or matter of which his or her own court has, has had, or may have jurisdiction; or (3) In any court or any matter whatever, on behalf of or against any executor, administrator, guardian, trustee, or other individual acting in a representative capacity whose duty it is to make returns to his or her court, except to give such advice or instructions as his or her duty may require as judge in his or her own court, for which he or she shall receive only such fees as are prescribed by law."

SECTION 1-5. Said chapter is further amended by revising subsection (a) of Code Section 15-9-4, relating to additional judicial eligibility requirements in certain counties, as follows:
"(a) No individual elected judge of the probate court in any county provided for in this Code section shall engage in the private practice of law."

SECTION 1-6. Said chapter is further amended by revising Code Section 15-9-5, relating to when a judge is ineligible for election, as follows:
"15-9-5. If any judge of the probate court fails to account faithfully as executor, administrator, or guardian after becoming judge, for all trusts he or she held at the time of his or her election, such judge shall be ineligible for reelection."

SECTION 1-7. Said chapter is further amended by revising Code Section 15-9-7, relating to bond, as follows:
"15-9-7. The judges of the probate courts shall give bond or surety in the sum of $100,000.00, which amount may be increased in any county by local Act, for the faithful discharge of their duties as clerks of the judges of the probate courts. The county governing authority shall pay such bond."

SECTION 1-8. Said chapter is further amended by revising Code Section 15-9-8, relating to qualification and bond, as follows:
"15-9-8. The several judges of the superior courts in their respective circuits shall have the power and it shall be their duty to qualify the judges of the probate courts of the several counties in their circuits, to approve the official bonds of the judges of the probate courts, and to cause the bonds to be returned to the Secretary of State with the dedimus, to be filed with the office of the Secretary of State. In all cases a certified copy of the bond shall be sufficient original evidence on which to bring an action and recover."

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SECTION 1-9. Said chapter is further amended by revising Code Section 15-9-9, relating to when other security ordered and failure to comply, as follows:
"15-9-9. If, at any time during the term of the judge of the probate court, it is made satisfactorily to appear to the judge of the superior court that the bond of the judge of the probate court is insufficient or the security thereof insolvent, it shall be his or her duty to require other security. On failure of the judge of the probate court to comply with the order of the superior court judge, a vacancy shall be declared as if such judge had failed to give security in the first instance."

SECTION 1-10. Said chapter is further amended by revising Code Section 15-9-10, relating to temporary filing of vacancy and compensation, as follows:
"15-9-10. (a) If at any time there is a vacancy in the office of judge of the probate court, such vacancy shall be filled as set forth in Code Section 15-9-11. Any individual serving during such vacancy shall be vested with all the powers of the judge of the probate court.
(b)(1) Except as provided in subsection (b) of Code Section 15-9-11, until such time as a special election can be held, a vacancy shall be filled in the following order of priority:
(A) By an associate judge of the probate court, in order of seniority. In any county in which an associate judge of the probate court has been appointed and such associate judge meets all of the qualifications for serving as probate judge, then he or she shall discharge the duties of the office of judge of the probate court. An associate judge shall be eligible to fill a vacancy in the office of probate judge until the special election without regard to whether such associate judge meets the residency requirement set forth in subparagraph (a)(1)(B) of Code Section 15-9-2; provided, however, that the associate judge shall meet the requirements of law before qualifying for election to the office of judge of the probate court; or (B) By the chief clerk of the probate court. In any county in which a chief clerk of the probate court has been appointed and such clerk meets all of the qualifications for serving as probate judge, then he or she shall discharge the duties of the office of judge of the probate court. (2) If any individual designated in paragraph (1) of this subsection does not wish to serve as judge of the probate court to fill a vacancy, he or she shall express that desire by delivering such declination in writing to the chief judge of the superior court for the circuit to which the county is assigned. (3) If there is no associate judge for the probate court and the chief clerk is not eligible to serve or all such individuals decline to serve, the chief judge of the superior court in the circuit to which the county is assigned shall appoint an individual to serve as judge during a vacancy.

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(c) The sole county commissioner or the board of county commissioners shall fix the compensation of the individual who serves as judge until the vacancy is filled. The compensation shall be paid from the general funds of the county. The fees collected during such period of time shall be paid into the general funds of the county."

SECTION 1-11. Said chapter is further amended by revising Code Section 15-9-11, relating to special election to fill vacancy and term of person elected, as follows:
"15-9-11. (a) When a vacancy occurs in the office of judge of the probate court in any county, it shall be the duty of the individual who assumes the duties of the judge, as provided in Code Section 15-9-10, within ten days after the vacancy occurs, to order a special election for the purpose of filling the vacancy. The election superintendent shall give notice of the special election by publication in the newspaper in which the citations of the judge of the probate court are published. The special election shall be held in accordance with Chapter 2 of Title 21. (b) Notwithstanding subsection (a) of this Code section, if the vacancy occurs after January 1 in the last year of the term of office of the judge of probate court, the individual assuming the duties of the judge of the probate court shall be commissioned for and shall serve the remainder of the unexpired term of office. (c) If a special election is held, the individual elected to fill the vacancy shall be commissioned for the unexpired term."

SECTION 1-12. Said chapter is further amended by revising Code Section 15-9-11.1, relating to assumption of duties by chief clerk upon vacancy in office of probate judge, the filling of the vacancy, and compensation, as follows: See Compilers's Note Page 371.

SECTION 1-13. Said chapter is further amended by revising Code Section 15-9-13, relating to procedure when judge disqualified or unable to act and compensation, as follows:
"15-9-13. (a) Whenever a judge of the probate court is unable to act in any case because of sickness, absence, or any other reason, an associate judge of the probate court, in order of seniority, shall exercise the jurisdiction of the probate court, unless he or she is disqualified under subsection (f) of Code Section 15-9-2.1. Whenever a judge of the probate court is unable to act in any case because of sickness, absence, or any other reason and an associate judge is unable to act, the judge of the probate court may appoint an attorney at law who is a member of the State Bar of Georgia to exercise the jurisdiction of the probate court. If, however, the inability of the probate judge to act arises from any unlawful act or the

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accusation of an unlawful act on the part of the probate judge, the probate judge shall not appoint an attorney and only another judge shall exercise the jurisdiction of the probate court. (b) If for any reason the judge of the probate court fails to appoint an attorney to serve, the chief judge of the superior court shall appoint an individual to serve and exercise the jurisdiction of the judge of the probate court in the case. (c) Except as otherwise provided in paragraph (4) of subsection (a) of Code Section 15-9-2.1, the compensation of the individual serving as provided in this Code section shall be fixed by the board of county commissioners or, in those counties which have no county commissioners, by the chief judge of the superior court. The compensation shall be paid from the general funds of the county. All fees collected during such service by an individual who is not an associate judge of the probate court shall be paid into the general funds of the county."

SECTION 1-14. Said chapter is further amended by revising Code Section 15-9-14, relating to sheriffs to act as administrators when probate judge is superior court clerk in absence of county administrator, as follows:
"15-9-14. Reserved."

SECTION 1-15. Said chapter is further amended by revising subsection (a) of Code Section 15-9-15, relating to the Council of Probate Court Judges of Georgia, as follows:
"(a) There is created a council to be known as 'The Council of Probate Court Judges of Georgia.' The council shall be composed of the judges of the probate courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws. The officers of said council shall consist of a president, president-elect, vice president, secretary-treasurer, and such other officers and committees as the council shall deem necessary."

SECTION 1-16. Said chapter is further amended by revising Code Section 15-9-16, relating to the authority of retired judge to perform marriage ceremonies, as follows:
"15-9-16. A retired judge of a probate court of any county of this state shall be vested with the same authority as an active judge of this state for the purpose of performing marriage ceremonies."

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SECTION 1-17. Said chapter is further amended by revising Code Section 15-9-17, relating to serving a minor or incapacitated adult, as follows:
"15-9-17. (a) Notwithstanding the provisions of Code Section 15-9-122 or any other provision of law to the contrary, in any action before the probate court in which the service of a minor or an incapacitated adult is required, such service may be made by:
(1) Mailing by the probate court of a copy of the document to be served to the minor or incapacitated adult by certified mail or statutory overnight delivery; and (2) Serving the legal guardian or guardian ad litem of such minor or incapacitated adult if such legal guardian or guardian ad litem:
(A) Acknowledges receipt of such service; and (B) Certifies that he or she has delivered a copy of the document so served to the minor or incapacitated adult. (b) The acknowledgment and certification of the legal guardian or guardian ad litem and the certificate of the mailing to the minor or incapacitated adult shall be filed with the court as proof of such service."

SECTION 1-18. Said chapter is further amended by revising Code Section 15-9-18, relating to remittance of interest from cash bonds, as follows:
"15-9-18. Whenever the sheriff transfers cash bonds to the clerk of the court, pursuant to Code Section 15-16-27, the clerk of the probate court shall deposit such funds into interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Superior Court Clerks' Cooperative Authority in accordance with subsections (c) through (i) of Code Section 15-6-76.1 for distribution to the Georgia Public Defender Council."

SECTION 1-19. Said chapter is further amended by revising paragraph (9) of subsection (b) of Code Section 15-9-30, relating to probate court jurisdiction and additional powers, as follows:
"(9) Hear cases of violations of game and fish laws;"

SECTION 1-20. Said chapter is further amended by revising subsection (b) of Code Section 15-9-36, relating to the authority to appoint clerks, as follows:
"(b) The appointed clerks, including the chief clerk of the probate judge, may do all acts the judges of the probate courts could do which are not judicial in their nature. The chief clerk of the probate judge shall also have the authority prescribed in Code Section 15-9-10."

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SECTION 1-21. Said chapter is further amended by revising Code Section 15-9-37, relating to duties of clerks or probate judges acting as clerks, by adding a new subsection to read as follows:
"(c) The judge of the probate court or any other authority performing the functions required to be performed by such judge or by the probate court in any county of this state shall be authorized to install and to use photostatic equipment or other photographic equipment for recording any documents authorized or required to be recorded in the office of the judge or of the probate court or for recording and preserving the minutes of the court. Such equipment may be installed and used by the judge or by the probate court for the same purposes and in lieu of the commonly used method of printing, typing, and handwriting the documents, records, and minutes. Such equipment may be provided or its use permitted by the proper county authorities. The authority given by this subsection for the installation and use of photostatic and photographic equipment is permissive only."

SECTION 1-22. Said chapter is further amended by revising Code Section 15-9-40, relating to the filing and recording of proceedings and fees, as follows:
"15-9-40. The proceedings shall always be kept on file; and, whenever the final order is granted, the proceedings shall be recorded in a book to be kept for such purpose."

SECTION 1-23. Said chapter is further amended by revising Code Section 15-9-42, relating to the docket of fiduciaries, as follows:
"15-9-42. (a) The judge of the probate court shall keep a docket of all the executors, administrators, guardians, and trustees who are liable to make returns in his or her court, with regular entries of their returns, and of such fiduciaries as have failed to make returns as required by law and by the order of the court. (b) Nothing in this Code section shall restrict or otherwise prohibit a clerk or a probate judge acting as such from electing to store for computer retrieval any or all books, records, dockets, files, or indices; nor shall a clerk or a probate judge acting as such be prohibited from combining or consolidating any books, records, dockets, files, or indices in connection with the filing for record of papers of the kind specified in this Code section or in any other law; provided, however, that any automated or computerized record-keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, records, dockets, files, or indices. When the clerk or a probate judge acting as such elects to store for computer retrieval any or all books, records, dockets, files, or indices, the same data elements used in a manual system shall be used, and the same integrity and security shall be maintained."

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SECTION 1-24. Said chapter is further amended by revising Code Section 15-9-44, relating to the use of photostatic and photographic equipment, as follows:
"15-9-44. Reserved."

SECTION 1-25. Said chapter is further amended by revising Code Section 15-9-45, relating to filing of photostatic records, as follows:
"15-9-45. Reserved."

SECTION 1-26. Said chapter is further amended by revising Code Section 15-9-65, relating to longevity increases, as follows:
"15-9-65. The amounts provided in paragraph (1) of subsection (a) of Code Section 15-9-63 and Code Section 15-9-64, as increased by paragraph (2) of subsection (a) of Code Section 15-9-63, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any judge of a probate court after December 31, 1976, effective the first day of January following the completion of each such period of service. This Code section shall not be construed to affect any local legislation except when the local legislation provides for a salary lower than the salary provided in Code Sections 15-9-63, 15-9-64, 15-9-66, and this Code section, in which event Code Sections 15-9-63, 15-9-64, 15-9-66, and this Code section shall prevail."

SECTION 1-27. Said chapter is further amended by revising Code Section 15-9-66, relating to effect of minimum salary provisions on judges in office on July 1, 1991, and expenses not covered by salary, as follows:
"15-9-66. Code Sections 15-9-63 through 15-9-65 and this Code section shall not be construed to reduce the salary of any judge of a probate court in office on July 1, 1991; provided, however, that successors to such judges of the probate courts in office on July 1, 1991, shall be governed by the provisions of said Code sections. The minimum salaries provided for in Code Sections 15-9-63 through 15-9-65 and this Code section shall be considered as salary only. Expenses for deputy clerks, equipment, supplies, copying equipment, and other necessary and reasonable expenses for the operation of a probate court shall come from funds other than the funds specified as salary in Code Sections 15-9-63 through 15-9-65 and this Code section."

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SECTION 1-28. Said chapter is further amended by revising Code Section 15-9-67, relating to fee systems continued until enactment of local legislation, as follows:
"15-9-67. Reserved."

SECTION 1-29. Said chapter is further amended by revising Code Section 15-9-83, relating to time for transacting business and calendar, as follows:
"15-9-83. (a) The office of the judge of the probate court shall be open to conduct business a minimum of 40 hours each week as determined by the judge of the probate court. (b) Nothing in this Code section shall be construed to require any office of the judge of the probate court to be open:
(1) On any public holiday, legal holiday, day of rest, or similar time that is recognized and designated as such by the laws of this state or by the governing authority of the county; or (2) If other county offices are closed because of inclement weather or any other reason."

SECTION 1-30. Said chapter is further amended by revising Code Section 15-9-86, relating to petitions and notice and service thereof, as follows:
"15-9-86. Every application made to the judge of the probate court for the granting of any order shall be by verified petition in writing, stating the ground of such application and the order sought. Unless otherwise provided by law, if notice of the application, other than by published citation, is necessary under the law or in the judgment of the judge of the probate court, the judge shall cause a copy of the application, together with a notice of the time of hearing, to be served by the sheriff or some lawful officer upon each party who resides in this state and to be mailed by registered or certified mail or statutory overnight delivery to each party who resides outside this state at a known address, at least ten days, plus three days if mailed, before the hearing. An entry of such service shall be made on the original. In extraordinary cases, where it is necessary to act before such notice can be given, the judge of the probate court shall so direct the proceedings as to make no final order until notice has been given."

SECTION 1-31. Said chapter is further amended by revising Code Section 15-9-88, relating to objections or caveats to order, as follows:

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"15-9-88. All objections or caveats to an order sought shall be in writing and verified, setting forth the grounds of such caveat."

SECTION 1-32. Said chapter is further amended by revising Code Section 15-9-101, relating to powers, bond of personnel, and audits, as follows:
"15-9-101. (a) As used in this Code section, the term 'training council' means the Probate Judges Training Council. (b) The training council shall be a legal entity and an agency of the State of Georgia; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source for use in defraying the expenses of the training council in carrying out its duties; may adopt and use an official seal; may establish a principal office; may employ such administrative or clerical personnel as may be necessary and appropriate to fulfill its necessary duties; and shall have such other powers, privileges, and duties as may be reasonable and necessary for the proper fulfillment of its purposes and duties. (c) The training council shall require a sufficient bond signed by some surety or guaranty company authorized to do business in this state of any administrative or clerical personnel employed by the training council and empowered to handle funds of the training council. The premiums on such bonds shall be paid by the training council from funds appropriated or otherwise available to the training council. (d) The training council shall establish such auditing procedures as may be required in connection with the handling of public funds. The state auditor is authorized and directed to make an annual audit of the acts and doings of the training council and to make a complete report of the same to the General Assembly. The state auditor shall not be required to distribute copies of the audit to the members of the General Assembly but shall notify the members of the availability of the audit in the manner which he or she deems to be most effective and efficient. The report shall disclose all moneys received by the training council and all expenditures made by the training council, including administrative expense. He or she shall also make an audit of the affairs of the training council at any time required by a majority of the training council or the Governor of the state."

SECTION 1-33. Said chapter is further amended by revising Code Section 15-9-102, relating to the composition of the Probate Judges Training Council, terms of office, and vacancies, as follows:

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"15-9-102. (a) As used in this Code section, the term:
(1) 'District' means an area of this state containing one or more counties which is designated and numbered as a district by The Council of Probate Court Judges of Georgia. (2) 'Training council' means the Probate Judges Training Council. (b)(1) The training council shall consist of one member from each district as elected by the judges of the probate courts within such district. Such elections shall occur prior to the annual spring business meeting of The Council of Probate Court Judges of Georgia. Training councilmembers shall serve four-year terms; provided, however, that members from odd-numbered districts shall serve an initial term of two years and members from even-numbered districts shall serve an initial term of four years. All members may succeed themselves, and successors shall be elected in the same manner as the original members immediately prior to the expiration of each member's term of office. The president of The Council of Probate Court Judges of Georgia shall be a voting member of the training council ex officio. (2) The Council of Probate Judges of Georgia may add up to four additional members to the training council. Such members shall be selected from the members of The Council of Probate Judges of Georgia at large and serve for two-year terms. Such members may succeed themselves if they are reappointed by the council. If a vacancy occurs for the additional members added, the council shall determine how to fill the vacancy. (c) In the event a vacancy occurs in the membership of the training council as a result of a death, resignation, removal, or failure of reelection as a probate judge, the members of the district in which such vacancy has occurred shall elect a qualified person from the district to serve for the remainder of the unexpired term of the member whose seat is vacant. The person elected to fill such vacancy shall take office immediately upon election."

SECTION 1-34. Said chapter is further amended by revising Code Section 15-9-103, relating to meetings, officers, and reimbursement of expenses, as follows:
"15-9-103. (a) As used in this Code section, the term 'training council' means the Probate Judges Training Council. (b) The training council shall meet not later than the annual spring business meeting of The Council of Probate Court Judges of Georgia and at such other times and places as it shall determine necessary or convenient to perform its duties. The training council shall annually elect a chairperson and such other officers as it shall deem necessary and shall adopt such rules for the transaction of its business as it shall desire. The members of the training council shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the training council."

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SECTION 1-35. Said chapter is further amended by revising Code Section 15-9-104, relating to the eligibility of a councilmember to hold office of judge of probate court, as follows:
"15-9-104. Notwithstanding any other law, a councilmember shall not be ineligible to hold the office of judge of the probate court by virtue of his or her position as a member of the Probate Judges Training Council."

PART II SECTION 2-1.

Code Section 1-3-1 of the Official Code of Georgia Annotated, relating to construction of statutes generally, is amended by revising division (d)(2)(A)(iv), as follows:
"(iv) Code Sections 15-9-63 through 15-9-66;"

PART III SECTION 3-1.

Article 1 of Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions for probate, is amended by revising Code Section 53-5-2, relating to the right to offer a will for probate, as follows:
"53-5-2. The right to offer a will for probate shall belong to the executor, if one is named. If for any reason the executor fails to offer the will for probate with reasonable promptness, or if no executor is named, any interested person may offer the will for probate. As used in this Code section, the term 'interested person' shall include, but shall not be limited to, any legatee, devisee, creditor of the decedent, purchaser from an heir of the decedent, an administrator appointed for the decedent prior to the discovery of the will, and any individual making a claim under an earlier will."

PART IV SECTION 4-1.

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

Compiler's Note - Section 1-12 revised Code Section 15-9-11.1 by repealing it. The stricken text reads as follows:
"15-9-11.1. (a) Notwithstanding the provisions of Code Sections 15-9-10 and 15-9-11, in any county in which a chief clerk of the probate judge has been appointed and said chief clerk meets all qualifications for the office of probate judge, the person serving as chief clerk at the time

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of occurrence of a vacancy in the office of probate judge shall discharge the duties of the office of the judge of the probate court. (b) Vacancies in the office of judge of the probate court having a chief clerk as provided for in subsection (a) of this Code section shall be filled as follows:
(1) The chief clerk shall discharge such duties of the judge of the probate court until the first day of January following the next succeeding general election which occurs more than 60 days after the vacancy or the expiration of the remaining term of office, whichever occurs first; and (2) If the next succeeding general election is not one at which county officers are elected and is more than 60 days after the occurrence of the vacancy, a duly qualified person shall be elected judge of the probate court at a special election held at the same time as the general election. The person so elected shall take office on the first day of January following such election and shall serve for the remainder of the unexpired term of office. (c) The chief clerk performing the duties as judge of the probate court shall receive the same compensation, less any longevity raises received by the prior judge, and shall be paid in the same manner, as such judge of the probate court would have received."

Approved May 3, 2018.

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HIGHWAYS, BRIDGES, AND FERRIES STANDARDS FOR DEPARTMENT OF TRANSPORTATION CONTRACTS; ADVERTISEMENT OF BIDS; BID PROCESS; RESTRICTIONS ON CERTAIN COMMERCIAL MOTOR VEHICLE TRAFFIC; PROHIBIT CAMPING IN CERTAIN AREAS; DISPOSITION OF PROPERTY.

No. 407 (Senate Bill No. 445). AN ACT

To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for standards for contracts entered into by the Department of Transportation; to provide for the advertisement for contracts to be let by public bid on the department's website; to provide for a contract bidding process and award procedure; to provide for limitations on restrictions of commercial motor vehicle traffic on certain county road systems; to prohibit camping on portions of the state highway system or property owned by the department; to provide for a definition; to provide for applicability; to provide for a penalty; to revise provisions regarding the procedure for disposition of property; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended in Code Section 32-2-60, relating to authority of the Department of Transportation to contract, form and content of construction contracts, federal-aid highway contracts, and bonds, by revising subsections (d) and (e) as follows:
"(d)(1) When the estimated amount of any department construction contract exceeds $300 million, performance and payment bonds shall be required in the amount of at least the total amount payable by the terms of the contract unless the department, after public notice, makes a written determination supported by specific findings that single bonds in such amount are not reasonably available, and the board approves such determination in a public meeting. In such event, the estimated value of the construction portion of the contract, excluding right of way acquisition and engineering, shall be guaranteed by a combination of security including, but not limited to, the following:
(A) Payment, performance, surety, cosurety, or excess layer surety bonds; (B) Letters of credit; (C) Guarantees of the contractor or its parent companies; (D) Obligations of the United States and of its agencies and instrumentalities; or (E) Cash collateral; provided, however, that the aggregate total guarantee of the project may not use a corporate guarantee of more than 35 percent. The combination of such guarantees shall be determined at the discretion of the department, subject to the approval of the board; provided, however, that such aggregate guarantees shall include not less than $300 million of performance and payment bonds and shall equal not less than 100 percent of the contractor's obligation under the construction portion of the contract. (2) Payment guarantees approved pursuant to this subsection shall be deemed to satisfy the requirements of Code Section 13-10-61. Contractors requesting payment under construction contracts guaranteed pursuant to this subsection shall provide the following certification under oath with each such request: 'All payments due to subcontractors and suppliers from previous payment received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification.'"

SECTION 2. Said title is further amended in Code Section 32-2-65, relating to advertising for bids, by revising subsection (a) as follows:
"(a) On all contracts required to be let by public bid, the commissioner shall advertise for competitive bids for at least two weeks; the public advertisement shall be inserted once a week in such newspapers or other publications, or both, as will ensure adequate publicity, the first insertion to be at least two weeks prior to the opening of bids, the second to follow one week after the publication of the first insertion; provided, however, that the

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advertisement requirement provided in this Code section shall be satisfied by posting the required information on the department's website for the required time period."

SECTION 3. Said title is further amended in Code Section 32-2-69, relating to bidding process and award of contract, by adding a new subsection to read as follows:
"(f) The signed, notarized affidavit required in subsection (b) of Code Section 13-10-91 shall be submitted to the department prior to the award of any contract."

SECTION 4. Said title is further amended in Code Section 32-4-42, relating to powers, by revising paragraphs (10) and (11) and by adding a new paragraph to read as follows:
"(10) In addition to the powers specifically delegated to it in this title and except as otherwise provided by Code Section 12-6-24, a county shall have the authority to adopt and enforce rules, regulations, or ordinances; to require permits; and to perform all other acts which are necessary, proper, or incidental to the efficient operation and development of the county road system; and this title shall be liberally construed to that end. Any power vested in or duty placed on a county but not implemented by specific provisions for the exercise thereof may be executed and carried out by a county in a reasonable manner subject to such limitations as may be provided by law; (11) In all counties of this state having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, the county governing authority shall be empowered by ordinance or resolution to assess against any property the cost of reopening, repairing, or cleaning up from any public way, street, road, right of way, or highway any debris, dirt, sediment, soil, trash, building materials, and other physical materials originating on such property as a result of any private construction activity carried on by any developer, contractor, subcontractor, or owner of such property. Any assessment authorized under this paragraph, the interest thereon, and the expense of collection shall be a lien against the property so assessed coequal with the lien of other taxes and shall be enforced in the same manner as are state and county ad valorem property taxes by issuance of a fi. fa. and levy and sale as set forth in Title 48, known as the 'Georgia Public Revenue Code'; and (12) Municipalities whose incorporating Acts became of full force and effect on or after May 1, 2017, but prior to January 1, 2019, shall not establish or maintain restrictions on access by commercial motor vehicles as defined in paragraph (8.3) of Code Section 40-1-1 to portions of the road system providing access to commercial driveways as defined in Code Section 32-6-130, except as to the applicable road system, exceeding any county restrictions in effect on such portions on the date of incorporation unless such county by ordinance or resolution concurs on such restriction."

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SECTION 5. Said title is further amended in Article 1 of Chapter 6, relating to general provisions regarding the regulation of maintenance and use of public roads, by adding a new Code section to read as follows:
"32-6-6. (a) For purposes of this Code section, the term 'camping' means temporary habitation outdoors as evidenced by one or more of the following actions: the erection or use of tents or other shelters; the laying down of sleeping bags, blankets, or other materials used for bedding; the placing or storing of personal belongings; the making of a fire; or the act of cooking. (b) It shall be unlawful for any person to knowingly use any portion of road on the state highway system or any property owned by the department for camping. (c) Nothing in this Code section shall prohibit the normal, customary, and temporary use of safety rest areas, welcome centers, tourist centers, and other property of the department or state highway system specifically designated for purposes of resting, sleeping, eating, or other similar activities by persons traveling by vehicle. (d) This Code section shall not apply to state or local government officials or employees acting in their official capacity and while performing activities as part of their official duties and shall not apply to any employee of a contractor or subcontractor performing duties under a contract with the department. (e) Any person convicted of violating this Code section shall be guilty of a misdemeanor."

SECTION 6. Said title is further amended in Code Section 32-7-4, relating to procedure for disposition of property, by revising subparagraph (a)(2)(A) and paragraphs (2) and (3) of subsection (b) as follows:
"(2)(A) When an entire parcel acquired by the department, a county, or a municipality, or any interest therein, is being disposed of, it may be acquired under the right created in paragraph (1) of this subsection at such price as may be agreed upon, but in no event less than the price paid for its acquisition. When only remnants or portions of the original acquisition are being disposed of, they may be acquired for a price no less than 15 percent under the market value thereof at the time the department, county, or municipality decides the property is no longer needed. The department shall use a real estate appraiser with knowledge of the local real estate market who is licensed in Georgia to establish the fair market value of the property prior to listing such property." "(2)(A) Such sale of property may be made by the department or a county or municipality by listing the property through a real estate broker licensed under Chapter 40 of Title 43 who has a place of business located in the state. Property shall be listed for a period of at least 30 days. The department shall use a real estate appraiser with knowledge of the local real estate market who is licensed in Georgia to establish the fair market value of the property prior to listing such property. If the highest offer

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received to purchase is less than the appraised value but within 15 percent of such value, the department, county, or municipality may accept such offer and convey the property in accordance with the provisions of subsection (c) of this Code section. All sales shall be approved by the commissioner on behalf of the department or shall be approved by the governing authority of the county or municipality at a regular meeting that shall be open to the public, and public comments shall be allowed at such meeting regarding such sale. (B) Commencing at the time of the listing of the property as provided in subparagraph (A) of this paragraph, the department, county, or municipality shall provide for a notice to be inserted once a week for two weeks in the legal organ of the county indicating the names of real estate brokers listing the property for the political subdivision. The department, county, or municipality may advertise in newspapers, on the Internet, or in magazines relating to the sale of real estate or similar publications. (C) The department, county, or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) of this subsection. (3)(A) Such sale of property may be made by the department, a county, or a municipality to the highest bidder at a public auction conducted by an auctioneer licensed under Chapter 6 of Title 43. If the highest offer received to purchase is less than the appraised value but within 15 percent of such value, the department, county, or municipality may accept such offer and convey the property in accordance with the provisions of subsection (c) of this Code section. (B) The department, county, or municipality shall provide for a notice to be inserted once a week for the two weeks immediately preceding the auction in the legal organ of the county including, at a minimum, the following items:
(i) A description sufficient to enable the public to identify the property; (ii) The time and place of the public auction; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. The department, county, or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The department, county, or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) or (2) of this subsection."

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

Approved May 3, 2018.

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HIGHWAYS, BRIDGES, AND FERRIES LOCAL GOVERNMENT PUBLIC OFFICERS AND EMPLOYEES REVENUE AND TAXATION STATE GOVERNMENT TRANSIT FUNDING AND GOVERNANCE.

No. 409 (House Bill No. 930).

AN ACT

To amend Chapter 9 of Title 32, Chapter 80 of Title 36, Title 48, and Title 50 of the Official Code of Georgia Annotated, relating to mass transportation, provisions applicable to counties, municipal corporations, and other governmental entities, revenue and taxation, and state government, respectively, so as to provide for transit funding and governance; to provide for definitions; to provide for procedures for the authorization of the creation of certain community improvement districts; to provide for exceptions to the ceiling on local sales and use taxes; to provide for the imposition of a transit special purpose local option sales and use tax within special districts; to establish special districts; to provide for definitions, procedures, conditions, and limitations for the imposition, collection, disbursement, and termination of the tax; to provide for powers, duties, and authority of the state revenue commissioner; to provide for other matters relative to the foregoing; to create the Atlanta-region Transit Link "ATL" Authority; to provide for a short title; to provide for definitions; to provide for a board of directors and provide for appointments, removal, voting, and meetings; to provide for purpose and powers of the authority; to provide for jurisdiction of the authority; to provide for funding for such authority; to provide for the provision of local government services by such authority; to provide for a new article relating to the Metropolitan Atlanta Rapid Transit Authority; to provide for definitions; to provide for conditions and limitations for levy of retail sales and use tax by City of Atlanta to provide public transportation; to provide for the levy of a sales and use tax in Fulton County to provide public transportation; to provide for procedures, conditions, and limitations for the imposition of such tax; to provide for a referendum; to require compliance with zoning ordinances by certain development; to provide for the Metropolitan Atlanta Rapid Transit Overview Committee; to require certain branding by the Metropolitan Atlanta Rapid Transit Authority; to provide for definitions; to remove limitations upon the amount the state can contribute to the Metropolitan Atlanta Rapid Transit Authority for a system of rapid transit; to authorize transportation services to be entered into

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with such authority; to provide for conditions and limitations upon such transportation services contracts; to provide for procedures for Gwinnett County for entering a rapid transit contract with such authority; to provide for methods of funding services obtained through such rapid transit contract; to provide conditions upon approval of such rapid transit contract; to provide for a referendum; to provide for ballot language; to create a Cobb County Special District for Transit Committee for the purposes of formulating a proposed map for a special district in Cobb County and proposed terms of a rapid transit contract for transportation services and facilities within such district to be provided by the Metropolitan Atlanta Rapid Transit Authority; to provide for definitions; to provide for membership of such committee; to authorize the board of commissioners of Cobb County to enter into a rapid transit contract on behalf of a special district within the county; to provide for methods of funding services obtained through a rapid transit contract; to provide conditions upon such rapid transit contract; to provide for a referendum; to provide for ballot language; to provide for authority to collect a tax in such special district; to provide for limitations upon the collection of such tax; to provide for automatic repeals; to provide for authority to collect a tax in such special district; to provide for limitations upon the collection of such tax; to provide for the appointment of members to the board of directors of such authority; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to amend the referendum requirement prior to the provision of transit services by contract; to provide for definitions and powers relative to the State Road and Tollway Authority; to redesignate Code Section 32-10-76 of the Official Code of Georgia Annotated, relating to grant programs, pilot program formation, factors to be considered in selecting pilot projects, and eligible projects; to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to local government provisions applicable to counties, so as to provide for referendum approval required prior to expenditure of public funds for establishment of fixed guideway transit; to amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, so as to provide for the power of the Governor to delegate approval of the state-wide transportation improvement plan; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for definitions relative to the Environmental Finance Authority; to provide for definitions relative to the Georgia Regional Transportation Authority; to repeal Code Section 50-32-5 of the Official Code of Georgia Annotated, relating to development of the Atlanta region's Concept 3 transit proposal, use of federal and state planning funds, and assessment of economic benefit and environmental impact; to amend power of the Georgia Regional Transportation Authority; to provide for legislative intent relative to the provision of transit services; to repeal Code Section 50-32-71 of the Official Code of Georgia Annotated, relating to exemption of buses, motor vehicles, and rapid rail systems of the Georgia Regional Transportation Authority from motor carrier regulations; to amend the Official Code of Georgia Annotated, so as to correct cross-references; to provide for related matters; to provide for effective dates; to provide for nonapplicability to prior taxable years; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I FUNDING SECTION 1-1.

Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to provisions applicable to counties, municipal corporations, and other governmental entities, is amended by adding a new Code section to read as follows:
"36-80-26. (a) For purposes of this Code section, the term:
(1) 'County' means any county created under the Constitution or laws of this state. (2) 'Regional transit plan' means the official multiyear plan for transit services and facilities adopted pursuant to Code Section 50-39-12. (3) 'Transit' means regular, continuing shared-ride or shared-use surface transportation services that are made available by a public entity and are open to the general public or open to a segment of the general public defined by age, disability, or low income. Such term includes services or systems operated by or under contract with the state, a public agency or authority, a county or municipality, a community improvement district, or any other similar public entity of this state and all accompanying infrastructure and services necessary to provide access to these modes of transportation. Such term excludes charter or sightseeing services, school bus services, courtesy shuttle and intra-facility or terminal services, limousine carriers, and ride share network services, transportation referral services, and taxi services not paid for by a public entity. (4) 'Transit projects' means and includes purposes to establish, enhance, operate, and maintain, or improve access to transit, including general obligation debt and other multiyear obligations issued to finance such projects. (b) A community improvement district for the purpose of the provision of transit projects which are wholly or partially located in more than one county may be created under the authority granted in and consistent with the processes set forth in Section VII of Article IX of the Georgia Constitution. Any such multi-county community improvement district may be authorized to be created upon the passage of a local act of the General Assembly by each county in which such community improvement district is to be wholly or partially located. The transit projects to be provided by such community improvement district shall be projects included in the regional transit plan and through agreement with the Atlanta-region Transit Link 'ATL' Authority. The administrative body of any such community improvement district shall include one member appointed by the governing authority of each county or municipality which is located wholly or partially within such community improvement district."

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SECTION 1-2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-8-6, relating to prohibition of political subdivisions from imposing various taxes, ceiling on local sales and use taxes, and taxation of mobile telecommunications, by revising subsection (a) as follows:
"(a) There shall not be imposed in any jurisdiction in this state or on any transaction in this state local sales taxes, local use taxes, or local sales and use taxes in excess of 2 percent. For purposes of this prohibition, the taxes affected are any sales tax, use tax, or sales and use tax which is levied in an area consisting of less than the entire state, however authorized, including such taxes authorized by or pursuant to constitutional amendment, except that the following taxes shall not count toward or be subject to such 2 percent limitation:
(1) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV of the Constitution; (2) Any tax levied for purposes of a metropolitan area system of public transportation, as authorized by the amendment to the Constitution set out at Georgia Laws, 1964, page 1008; the continuation of such amendment under Article XI, Section I, Paragraph IV(d) of the Constitution; and the laws enacted pursuant to such constitutional amendment; provided, however, that the exception provided for under this paragraph shall only apply:
(A) In a county in which a tax is being imposed under subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part for the purpose or purposes of a water capital outlay project or projects, a sewer capital outlay project or projects, a water and sewer capital outlay project or projects, water and sewer projects and costs as defined under paragraph (4) of Code Section 48-8-200, or any combination thereof and with respect to which the county has entered into an intergovernmental contract with a municipality, in which the average waste-water system flow of such municipality is not less than 85 million gallons per day, allocating proceeds to such municipality to be used solely for water and sewer projects and costs as defined under paragraph (4) of Code Section 48-8-200. The exception provided for under this subparagraph shall apply only during the period the tax under such subparagraph (a)(1)(D) is in effect. The exception provided for under this subparagraph shall not apply in any county in which a tax is being imposed under Article 2A of this chapter; (B) In a county in which the tax levied for purposes of a metropolitan area system of public transportation is first levied after January 1, 2010, and before January 1, 2021. Such tax shall not apply to the following:
(i) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport. For purposes of this division, a 'qualifying airline' means any person which is authorized by the Federal Aviation Administration or another appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo for

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hire. For purposes of this division, a 'qualifying airport' means any airport in this state that has had more than 750,000 takeoffs and landings during a calendar year; and (ii) The sale of motor vehicles; or (C) In a county in which a tax is levied and collected pursuant to Part 2 of Article 2A of this chapter; (3) In the event of a rate increase imposed pursuant to Code Section 48-8-96, only the amount in excess of the initial 1 percent sales and use tax and in the event of a newly imposed tax pursuant to Code Section 48-8-96, only the amount in excess of a 1 percent sales and use tax; (4) A sales and use tax levied under Article 4 of this chapter; (5) Either a sales and use tax levied under Article 5 of this chapter or a sales and use tax levied under Article 5B of this chapter; (6) A sales and use tax levied under Article 5A of this chapter; and (7) A sales and use tax levied under Article 2 of Chapter 9 of Title 32. If the imposition of any otherwise authorized local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorized by this subsection, then such otherwise authorized tax may not be imposed."

SECTION 1-3. Said title is further amended by adding a new article to read as follows:

"ARTICLE 5B Part 1

48-8-269.40. As used in this article, the term:
(1) 'Authority' means the Atlanta-region Transit Link 'ATL' Authority created pursuant to Chapter 39 of Title 50. (2) 'County' means any county created under the Constitution or laws of this state. (3) 'Dealer' shall have the same meaning as provided for in paragraph (8) of Code Section 48-8-2. (4) 'Intergovernmental agreement' means a contract entered into pursuant to Article IX, Section III, Paragraph I of the Constitution. (5) 'Nonattainment area' means those counties currently having or previously designated as having excess levels of ozone, carbon monoxide, or particulate matter in violation of the standards in the federal Clean Air Act, as amended in 1990 and codified at 42 U.S.C.A. Sections 7401 to 7671q and which fall under the jurisdiction exercised by the Atlanta-region Transit Link 'ATL' Authority or any predecessor authority as described in Article 2 of Chapter 39 of Title 50. (6) 'Qualified municipality' means a qualified municipality as defined in paragraph (4) of Code Section 48-8-110 and which is located wholly or partly within a special district.

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(7) 'Regional transit plan' means the official multiyear plan for transit services and facilities adopted pursuant to Code Section 50-39-12. (8) 'Transit' means regular, continuing shared-ride or shared-use surface transportation services that are made available by a public entity and are open to the general public or open to a segment of the general public defined by age, disability, or low income. Such term includes services or systems operated by or under contract with the state, a public agency or authority, a county or municipality, a community improvement district, or any other similar public entity of this state and all accompanying infrastructure and services necessary to provide access to these modes of transportation. Such term excludes charter or sightseeing services, school bus services, courtesy shuttle and intra-facility or terminal services, limousine carriers, and ride share network services, transportation referral services, and taxi services not paid for by a public entity. (9) 'Transit projects' means and includes purposes to establish, enhance, operate, and maintain, or improve access to transit, including general obligation debt and other multiyear obligations issued to finance such projects, the operations and maintenance of such projects once constructed, and the contracted purchase of transit services from providers without direct capital investment.

48-8-269.41. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, 159 special districts are created within this state. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of the 159 special districts created.
(b)(1) Any two or more neighboring counties which are not located within a nonattainment area may, by following the procedures required by Part 2 of this article, impose within their respective special districts a transit special purpose local option sales and use tax, the proceeds of which shall be used only for transit projects. (2) Any county located in a nonattainment area may, by following the procedures required by Part 3 of this article, impose within the special district a transit special purpose local option sales and use tax, the proceeds of which shall be used only for transit projects.

48-8-269.42. Prior to the issuance of any call for the referendum by any county that desires to levy a tax for transit projects authorized under this article, the county shall 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 article shall postpone the referendum under this part until the regional

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referendum has been decided. No ballot shall propose a tax under this article and under Article 5 of this chapter at the same election.

Part 2

48-8-269.43. (a) Any two or more neighboring counties qualified to levy a tax pursuant to paragraph (1) of subsection (b) of Code Section 48-8-269.41 shall deliver or mail a written notice to the mayor or chief elected official in each qualified municipality located within its respective special district prior to the issuance of the call for the referendum. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the counties and of each qualified municipality therein are to meet to discuss possible transit 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 60 days prior to any issuance of the call for the referendum. (b) At the meeting required by subsection (a) of this Code section, the two or more neighboring counties and all qualified municipalities therein may select transit projects to be funded by the proceeds of the tax authorized by this article. Each county planning to participate in the selected transit project or projects shall enter into intergovernmental agreements which shall include, at a minimum:
(1) A list of the transit projects proposed to be funded from the tax; (2) An agreement identifying the operator of any transit projects proposed if such project or projects are services which require an operator; (3) The estimated or projected dollar amounts allocated for each transit project from proceeds from the tax; (4) The procedures for distributing proceeds from the tax to each county; (5) A schedule for distributing proceeds from the tax to each county, which shall include the priority or order in which transit projects will be fully or partially funded; (6) A provision that all transit projects included in the agreement shall be funded from proceeds from the tax except as otherwise agreed; (7) A provision that proceeds from the tax shall be maintained in separate accounts and utilized exclusively for the specified purposes; (8) Record-keeping and audit procedures necessary to carry out the purposes of this part; and (9) Such other provisions as the counties choose to address. (c)(1) As soon as practicable after the meeting required in subsection (a) of this Code section and the execution of an intergovernmental agreement, the governing authority of each county calling for a referendum shall, by a majority vote on a resolution offered for such purpose, submit the list of transit projects and the question of whether the tax should be approved to electors of the special district in the next scheduled election and shall notify the county election superintendent within the special district by forwarding to the

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superintendent a copy of such resolution calling for the imposition of the tax. Such list, or a digest thereof, shall be available during regular business hours in the office of the county clerk. (2) The resolution authorized by paragraph (1) of this subsection shall describe or identify:
(A) The specific transit projects to be funded; (B) The approximate cost of such transit projects; (C) The operator selected for any transit project or projects proposed if such project or projects are services which require an operator; and (D) The maximum period of time, to be stated in calendar years, for which the tax may be imposed and the rate thereof. The maximum period of time for the imposition of the tax shall not exceed 30 years. (d) Unless the referendum required in Code Section 48-8-269.44 is approved in each of the participating counties, the tax shall not be imposed.

48-8-269.44. (a)(1) The ballot submitting the question of the imposition of a tax for transit projects 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 funds for transit projects?'
(2) The ballot shall have written and printed thereon the following: 'NOTICE TO ELECTORS: Unless the tax is approved in (list each county that has selected the project) for the transit projects, the tax shall not become effective.'
(3) 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. Each such election shall be governed, held, and conducted in accordance with the provisions of law from time to time governing the holding of special elections as provided in Code Section 21-2-540. 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 in each of the special districts that have elected to hold the referendum, then the tax shall be imposed as provided in this article.

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(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 article.
(d)(1) If the intergovernmental agreement and proposal include the authority to issue general obligation debt and if more than one-half of the votes cast throughout the entire special district and in each of the special districts that have elected to hold the referendum 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 as required in this subsection, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary, and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county from the tax. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax shall be satisfied from the general funds of the county.

Part 3

48-8-269.45. (a)(1) Any county qualified to levy a tax pursuant to paragraph (2) of subsection (b) of Code Section 48-8-269.41 shall deliver or mail a written notice to the mayor or chief elected official in each qualified municipality located within the special district prior to the issuance of the call for the referendum. 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 transit projects from the regional transit plan 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 60 days prior to any issuance of the call for the referendum. (2) At the meeting the county and all qualified municipalities may select transit projects for the county from the regional transit plan to be funded by the proceeds of the tax authorized by this article.

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(b) Following the meeting required by subsection (a) of this Code section, the county shall deliver or mail a written notice to the authority of the intent to call for a referendum to impose the tax authorized by this article. Such notice shall include a list of transit projects located within such county chosen from the regional transit plan which the county intends to fund with proceeds from the tax authorized under this article and the proposed operator of any such transit projects if such project or projects are services which require an operator. (c) Upon receipt of such notice from a county, the authority shall approve or deny any or all projects within a submitted transit project list and the proposed operator of any transit projects if such project or projects are services which require an operator. In making a determination upon whether to approve transit projects, the authority shall take into consideration any other transit projects the authority has approved for any neighboring counties, any transit projects in progress in any neighboring counties, and any additional federal or state funding that may be available for any projects. The authority shall make a determination and send notification to a county approving or denying the submitted transit projects and operators, if applicable, no later than 20 days from the receipt of such list.
(d)(1) As soon as practicable after receipt of notice from the authority, the governing authority of the county desiring to call for a referendum shall, by a majority vote on a resolution offered for such purpose, submit the list of transit projects and the question of whether the tax should be approved to electors of the special district in the next scheduled election and shall notify the county election superintendent within the special district by forwarding to the superintendent a copy of such resolution calling for the imposition of the tax. Such list, or a digest thereof, shall be available during regular business hours in the office of the county clerk. (2) The resolution authorized by paragraph (1) of this subsection shall describe or identify:
(A) The specific transit projects to be funded which shall have been selected from the regional transit plan and approved by the authority; (B) The approximate cost of such transit projects; (C) The operator selected for any transit project or projects proposed if such project or projects are services which require an operator; and (D) The maximum period of time, to be stated in calendar years, for which the tax may be imposed and the rate thereof. The maximum period of time for the imposition of the tax shall not exceed 30 years.

48-8-269.46. (a)(1) The ballot submitting the question of the imposition of a tax for transit projects 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 funds for transit projects?'

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(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. Each such election shall be governed, held, and conducted in accordance with the provisions of law from time to time governing the holding of special elections as provided in Code Section 21-2-540. 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 article. (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 article. (d)(1) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast throughout the entire special district are in favor of the proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the county; otherwise, such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles 1 and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary, and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county from the tax. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax shall be satisfied from the general funds of the county.

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Part 4

48-8-269.47. (a) Any tax approved under this article shall be at a rate of up to 1 percent and may be in increments of 0.05 percent.
(b)(1) If the imposition of a tax under this article is approved at the election as provided for pursuant to this article, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date of the election at which the tax was approved by the voters. (2) With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in paragraph (1) of this subsection. (c) The tax shall cease to be imposed on the final day of the maximum period of time specified for the imposition of the tax. (d) At any point in time within two years of the expiration date of a tax under this article, proceedings for the reimposition of a tax under this article may be initiated in the same manner as provided in this article for initial imposition of such tax.

48-8-269.48. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner to be used within the special district or special districts imposing the tax for the transit projects specified in the resolution calling for the imposition of the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state; and provided, further, that the commissioner may rely upon a representation by or on behalf of the special district or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50.

48-8-269.49. Each sales tax return remitting taxes collected under this article shall separately identify the location of each transaction at which any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each such location for the period covered by the return in order to facilitate the determination by the commissioner that all taxes imposed by this article are collected and distributed according to situs of sale.

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48-8-269.50. (a) The proceeds of the tax collected by the commissioner in each special district qualified to levy the tax under Part 2 of this article shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) Except for the percentage provided in paragraph (1) of this subsection, the remaining proceeds of the tax shall be distributed pursuant to the terms of the intergovernmental agreement. (b) The proceeds of the tax collected by the commissioner in each special district qualified to levy the tax under Part 3 of this article shall be disbursed as soon as practicable after collection as follows: (1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) Except for the percentage provided in paragraph (1) of this subsection, the remaining proceeds of the tax shall be distributed to the special district for the transit projects specified in the resolution calling for the imposition of the tax.

48-8-269.51. (a) The proceeds of a tax under this article shall not be subject to any allocation or balancing of state and federal funds provided for by general law, and such proceeds shall not be considered or taken into account in any such allocation or balancing. (b) The approval of the tax under this article shall not in any way diminish the percentage of state or federal funds allocated to any of the local governments under Code Section 32-5-27 or Chapter 39 of Title 50 within the special district levying the tax.

48-8-269.52. (a) Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall not apply to:
(1) The sale or use of any type of fuel used for off-road heavy-duty equipment, off-road farm or agricultural equipment, or locomotives; (2) The sale or use of jet fuel; (3) The sale or use of fuel that is used for propulsion of motor vehicles on the public highways; (4) The sale or use of energy used in the manufacturing or processing of tangible goods primarily for resale, as such sale or use is described in Code Section 48-8-3.2; (5) The sale or use of motor fuel, as defined under paragraph (9) of Code Section 48-9-2, for public mass transit; or (6) The purchase or lease of any motor vehicle pursuant to Code Section 48-5C-1.

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(b) Except as otherwise specifically provided in this article, the tax imposed pursuant to this article shall be subject to any sales and use tax exemption which is otherwise imposed by law; provided, however, that the tax levied by this article shall be applicable to the sale of food and food ingredients as provided for in paragraph (57) of Code Section 48-8-3.

48-8-269.53. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within this state or in a tax jurisdiction outside this state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as he or she deems necessary and proper. No credit shall be granted, however, against the tax under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the county or in a special district which includes the county.

48-8-269.54. 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.

48-8-269.55. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax.

48-8-269.56. Except as provided in Code Section 48-8-6, the tax authorized under this part shall be in addition to any other local sales and use tax. Except as otherwise provided in this article and except as provided in Code Section 48-8-6, the imposition of any other local sales and use tax within a county or qualified municipality within a special district shall not affect the authority of a county to impose the tax authorized under this article, and the imposition of the tax authorized under this article shall not affect the imposition of any otherwise authorized local sales and use tax within the special district.

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48-8-269.57. (a)(1) The proceeds received from the tax shall be used by the special district or special districts exclusively for the transit projects specified in the resolution calling for imposition of the tax. When the proceeds are received by a special district authorized to levy the tax pursuant to Part 2 of this article, such proceeds shall be kept in a separate account from other funds of any county receiving proceeds of the tax and shall not in any manner be commingled with other funds of any county prior to the expenditure. (2) The governing authority of each county receiving any proceeds from the tax under this article shall maintain a record of each and every purpose for which the proceeds of the tax are used. A schedule shall be included in each annual audit which shows for each purpose in the resolution calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditor's report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole.
(b) No general obligation debt shall be issued in conjunction with the imposition of the tax unless the county governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due, the county will receive from the tax net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by the county from the tax. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the county; and any liability on such debt which is not satisfied from the proceeds of the tax shall be satisfied from the general funds of the county. (c) The resolution calling for the imposition of the tax may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax, and, in that event, such proceeds shall be solely for such purpose except as otherwise provided in subsection (f) of this Code section. (d) The resolution calling for the imposition of the tax may specify that a part of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. The resolution shall specifically state the other purposes for which such proceeds will be used. In such a case, no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds of the tax are placed. (e) The resolution calling for the imposition of the tax may specify that no general obligation debt is to be issued in conjunction with the imposition of the tax. The resolution shall specifically state the purpose or purposes for which the proceeds will be used.

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(f)(1)(A)(i) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax authorized to be levied pursuant to Part 2 of this article, then any net proceeds of the tax in excess of the amount required for final payment of such debt may be used for additional transit projects, provided that a subsequent intergovernmental agreement meeting the requirements set forth in subsection (b) of Code Section 48-8-269.43 has been entered into. If a subsequent intergovernmental agreement required by this division is not entered into, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection. (ii) If the proceeds of the tax are specified to be used solely for the purpose of payment of general obligation debt issued in conjunction with the imposition of the tax authorized to be levied pursuant to Part 3 of this article, then any net proceeds of the tax in excess of the amount required for final payment of such debt may be used for additional transit projects, provided that such projects are selected from the regional transit plan and approved by the authority. If approval from the authority regarding additional transit projects to be funded with any excess net proceeds is not obtained, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection. (B)(i) If the special district receives from the tax net proceeds in excess of the maximum cost of the transit projects stated in the resolution calling for the imposition of the tax or in excess of the actual cost of such projects when the tax was authorized to be levied pursuant to Part 2 of this article, then such excess proceeds may be used for additional transit projects, provided that a subsequent intergovernmental agreement meeting the requirements set forth in subsection (b) of Code Section 48-8-269.43 has been entered into. If a subsequent intergovernmental agreement required by this division is not entered into, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection. (ii) If the special district receives from the tax net proceeds in excess of the maximum cost of the transit projects stated in the resolution calling for the imposition of the tax or in excess of the actual cost of such projects when the tax was authorized to be levied pursuant to Part 3 of this article, then such excess proceeds may be used for additional transit projects, provided that such projects are selected from the regional transit plan and approved by the authority. If approval from the authority regarding additional transit projects to be funded with any excess net proceeds is not obtained, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection. (2) Except as provided in paragraph (1) of this subsection, excess proceeds shall be used solely for the purpose of reducing any indebtedness of any county within the special district other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of such county, it being

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the intent that any funds so paid into the general fund of such county be used for the purpose of reducing ad valorem taxes.

48-8-269.58. Not later than December 31 of each year, the governing authority of the county receiving any proceeds from the tax under this part shall publish annually, in a newspaper of general circulation in the boundaries of such county, a simple, nontechnical report which shows for each transit project in the resolution calling for the imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The report shall also include a statement of what corrective action the county intends to implement with respect to each project which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a purpose."

PART II GOVERNANCE SECTION 2-1.

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

"CHAPTER 39 ARTICLE 1

50-39-1. This chapter shall be known and may be cited as the 'Atlanta-region Transit Link 'ATL' Authority Act.'

50-39-2. As used in this chapter, the term:
(1) 'Authority' means the Atlanta-region Transit Link 'ATL' Authority. (2) 'Bond' includes any revenue bond, bond, note, or other obligation. (3) 'Clean Air Act' means the federal Clean Air Act, as amended in 1990 and codified at 42 U.S.C.A. Sections 7401 to 7671q. (4) 'Cost of project' or 'cost of any project' means:
(A) All costs of acquisition, by purchase or otherwise, construction, assembly, installation, modification, renovation, extension, rehabilitation, operation, or maintenance incurred in connection with any project, facility, or undertaking of the authority or any part thereof; (B) All costs of real property or rights in property, fixtures, or personal property used in or in connection with or necessary for any project, facility, or undertaking of the

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authority or for any facilities related thereto, including but not limited to the cost of all land, interests in land, estates for years, easements, rights, improvements, water rights, and connections for utility services; the cost of fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project, facility, or undertaking of the authority; (C) All financing charges, bond insurance or other credit enhancement fee, and loan or loan guarantee fees and all interest on revenue bonds, notes, or other obligations of the authority which accrue or are paid prior to and during the period of construction of a project, facility, or undertaking of the authority and during such additional period as the authority may reasonably determine to be necessary to place such project, facility, or undertaking of the authority in operation; (D) All costs of engineering, surveying, planning, environmental assessments, financial analyses, and architectural, legal, and accounting services and all expenses incurred by engineers, surveyors, planners, environmental scientists, fiscal analysts, architects, attorneys, accountants, and any other necessary technical personnel in connection with any project, facility, or undertaking of the authority or the issuance of any bonds, notes, or other obligations for such project, facility, or undertaking; (E) All expenses for inspection of any project, facility, or undertaking of the authority; (F) All fees of fiscal agents, paying agents, and trustees for bond owners under any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, bond registrar, and trustees; and all other costs and expenses incurred relative to the issuance of any bonds, revenue bonds, notes, or other obligations for any project, facility, or undertaking of the authority, including bond insurance or credit enhancement fee; (G) All fees of any type charged by the authority in connection with any project, facility, or undertaking of the authority; (H) All expenses of or incidental to determining the feasibility or practicability of any project, facility, or undertaking of the authority; (I) All costs of plans and specifications for any project, facility, or undertaking of the authority; (J) All costs of title insurance and examinations of title with respect to any project, facility, or undertaking of the authority; (K) Repayment of any loans for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (L) Administrative expenses of the authority and such other expenses as may be necessary or incidental to any project, facility, or undertaking of the authority or the financing thereof or the placing of any project, facility, or undertaking of the authority in operation; and

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(M) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the authority may approve with respect to the financing and operation of any project, facility, or undertaking of the authority and as may be authorized by any bond resolution, trust agreement, indenture, or trust or similar instrument or agreement pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized. Any cost, obligation, or expense incurred for any of the purposes specified in this paragraph shall be a part of the cost of the project, facility, or undertaking of the authority and may be paid or reimbursed as such out of the proceeds of revenue bonds, notes, or other obligations issued by the authority or as otherwise authorized by this chapter. (5) 'County' means any county created under the Constitution or laws of this state. (6) 'Facility' shall have the same meaning as 'project.' (7) 'Local government' or 'local governing authority' means any municipal corporation or county or any state or local authority, board, or political subdivision created by the General Assembly or pursuant to the Constitution and laws of this state. (8) 'May' means permission and not command. (9) 'Metropolitan planning organization' means the forum for cooperative transportation decision making for a metropolitan planning area. (10) 'Metropolitan transportation plan' means the official intermodal transportation plan that is developed and adopted through the metropolitan transportation planning process for a metropolitan planning area. (11) 'Municipal corporation' or 'municipality' means any city or town in this state. (12) 'Obligation' means any bond, revenue bond, note, lease, contract, evidence of indebtedness, debt, or other obligation of the authority, the state, or local governments which is authorized to be issued under this chapter or under the Constitution or other laws of this state, including refunding bonds. (13) 'Office of profit or trust under the state' means any office created by or under the provisions of the Constitution, but does not include elected officials of county or local governments. (14) 'Project' means the acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing facilities and services to meet transit needs and environmental standards and to aid in the accomplishment of the purposes of the authority.

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(15) 'Regional transit plan' means the official multiyear plan adopted by the authority for the provision of transit services throughout the jurisdiction of the authority pursuant to Code Section 50-39-12. (16) 'Revenue bond' includes any bond, note, or other obligation payable from revenues derived from any project, facility, or undertaking of the authority. (17) 'State implementation plan' means the portion or portions of an applicable implementation plan approved or promulgated, or the most recent revision thereof, under Sections 110, 301(d), and 175A of the Clean Air Act. (18) 'Transit' means regular, continuing shared-ride or shared-use surface transportation services that are made available by a public entity and are open to the general public or open to a segment of the general public defined by age, disability, or low income. Such term includes services or systems operated by or under contract with the state, a public agency or authority, a county or municipality, a community improvement district, or any other similar public entity of this state and all accompanying infrastructure and services necessary to provide access to these modes of transportation. Such term excludes charter or sightseeing services, school bus services, courtesy shuttle and intra-facility or terminal services, limousine carriers, ride share network services, transportation referral services, and taxi services not paid for by a public entity. (19) 'Transportation improvement program' means a staged, multiyear, intermodal program as defined in 23 C.F.R. Section 450.104 and consisting of transportation projects which is consistent with the metropolitan transportation plan. (20) 'Undertaking' shall have the same meaning as the term 'project.'

50-39-3. (a) There is created the Atlanta-region Transit Link 'ATL' Authority as a body corporate and politic, which shall be deemed an instrumentality of the State of Georgia and a public corporation thereof, for purposes of managing or causing to be managed transit and air quality within certain areas of this state; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. Such authority shall serve as the sole entity for coordination and planning and the dispersing of federal and state funding for transit within the jurisdiction of the authority. Such authority shall work with counties, municipalities, and operators of transit services within the jurisdiction of the authority to provide a consistent and integrated vision for transit through transparent decision making and execution. This Code section shall not be deemed to impair or interfere in any manner with any existing rights under a contract entered into prior to December 1, 2018, or any federal grants or agreements awarded or entered into prior to December 1, 2018. This Code section shall not be applicable to projects or services provided for under the terms of a contract entered into as of December 1, 2018, under the authority granted pursuant to a local constitutional amendment set out at Ga. L. 1964, p. 1008, and the planning, funding, coordination, and delivery of such projects or services shall be as provided for by such contract or contracts.

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(b) The management of the business and affairs of the authority shall be vested in a board of directors, subject to the provisions of this chapter and to the provisions of bylaws adopted by the board as authorized by this chapter. The board of directors shall make bylaws governing its own operation and shall have the power to make bylaws, rules, and regulations for the government of the authority and the operation, management, and maintenance of such projects as the board may determine appropriate to undertake from time to time. (c) Except as otherwise provided in this chapter, a majority of the members of the board then in office shall constitute a quorum for the transaction of business. The vote of a majority of the members of the board present at the time of the vote, if a quorum is present at such time, shall be the act of the board unless the vote of a greater number is required by law or by the bylaws of the board of directors. The board of directors, by resolution adopted by a majority of the full board of directors, may designate from among its members one or more committees, each consisting of two or more members of the board, which shall have and exercise such authority as the board may delegate to it under such procedures as the board may direct by resolution establishing such committee or committees. (d) No vacancy on the authority shall impair the right of a majority of the appointed members from exercising all rights and performing all duties of the authority. The authority shall have perpetual existence. Any change in the name or composition of the authority shall in no way affect the vested rights of any person under this chapter or impair the obligations of any contracts existing under this chapter.

50-39-4. (a)(1) The board of directors of the authority shall consist of 16 members, ten of whom shall be appointed from the authority districts described in paragraph (2) of this subsection, five of whom shall be appointed as described in paragraph (3) of this subsection, and the commissioner of transportation who shall serve ex officio and be a nonvoting member. The members appointed from such authority districts shall be appointed by a majority vote of a caucus of the members of the House of Representatives and Senate whose respective districts are include any portion of such authority district, the chairpersons of the county board of commissioners whose counties are located within such authority districts, and one mayor from the municipalities located within such authority districts who shall be chosen by a caucus of all mayors from the municipalities located within such authority districts; provided that if any authority district is wholly or partially located within the City of Atlanta, the mayor of the City of Atlanta shall be entitled to his or her own vote in addition to the vote by the mayor outside the limits of such city selected by the caucus of mayors to cast a vote. Each such appointee shall be a resident of the authority district which he or she represents and possess significant experience or expertise in a field that would be beneficial to the accomplishment of the function and purpose of this chapter. No later than December 1, 2018, the respective caucuses appointing board members from the authority districts shall meet and appoint their respective board members of said board of directors. Such meeting shall be called by the

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chairperson of the board of commissioners from the county with the largest population represented in the authority district.
(2)(A) For purposes of appointing members of the board other than those members appointed pursuant to paragraph (3) of this subsection, there are hereby created ten authority districts, which shall be as described in the plan attached to and made part of this Act and further identified as 'Plan: transit-dist-2018 Plan Type: Regional Administrator: H009 User: Gina.' (B) When used in such attachment, the term 'VTD' (voting tabulation district) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (C) The separate numeric designations in an authority district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (D) Any part of the jurisdiction of the authority which is not included in any such authority district described in that attachment shall be included within that authority district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (E) Any part of the jurisdiction of the authority which is described in that attachment as being in a particular authority district shall nevertheless not be included within such authority district if such part is not contiguous to such authority district. Such noncontiguous part shall instead be included within that authority district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (F) Except as otherwise provided in the description of any authority district, whenever the description of such authority district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia. (G) The plan attached shall be reviewed by the Senate and House Transportation Committees after the report of the Bureau of the Census for the United States decennial census of 2020 or any future such census. (3) The Lieutenant Governor and Speaker of the House of Representatives shall each appoint two board members. The Governor shall appoint one member who shall serve as the chairperson. (b) All members of the board and their successors shall each be appointed for terms of four years, except that those members appointed from odd-numbered authority districts shall each serve an initial term of two years. After such initial two-year term, that caucus which appointed such member for such initial term shall appoint successors thereto for terms of office of four years. All members of the board shall serve until the appointment and qualification of a successor except as otherwise provided in this Code section. Other than

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the commissioner of transportation, no person holding any other office of profit or trust under the state shall serve upon the board. The chairperson of the board of directors shall be appointed by the Governor and a vice chairperson shall be selected annually from among the members by majority vote of those members present and voting. (c) All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. A person appointed to fill a vacancy shall serve for the unexpired term. No vacancy on the board shall impair the right of the quorum of the remaining members then in office to exercise all rights and perform all duties of the board. (d) The members of the board of directors shall be entitled to and shall be reimbursed for their actual travel expenses necessarily incurred in the performance of their duties and, for each day actually spent in the performance of their duties, shall receive the same per diem as do members of the General Assembly. (e) Members of the board of directors shall be subject to removal by the appointing authority or a majority vote of the appointing caucus for misfeasance, malfeasance, nonfeasance, failure to attend three successive meetings of the board without good and sufficient cause, abstention from voting unless authorized under subsection (h) of this Code section, or upon a finding of a violation of Code Section 45-10-3 pursuant to the procedures applicable to such Code section. A violation of Code Section 45-10-3 may also subject a member to the penalties provided in subparagraphs (a)(1)(A), (a)(1)(B), and (a)(1)(C) of Code Section 45-10-28, pursuant to subsection (b) of such Code section. In the event that a vacancy or vacancies on the board render the board able to obtain a quorum but unable to obtain the attendance of a number of members sufficient to constitute such supermajorities as may be required by this chapter, the board shall entertain no motion or measure requiring such a supermajority until a number of members sufficient to constitute such supermajority is present. (f) The members of the authority shall be subject to the applicable provisions of Chapter 10 of Title 45, including without limitation Code Sections 45-10-3 through 45-10-5. Members of the authority shall be public officers who are members of a state board for purposes of the financial disclosure requirements of Article 3 of Chapter 5 of Title 21. The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable books and records of all actions and transactions and shall submit such books together with a statement of the authority's financial position to the state auditor on or about the close of the state's fiscal year. The books and records shall be inspected and audited by the state auditor at least once in each year. (g) Meetings of the board of directors, regular or special, shall be held at the time and place fixed by or under the bylaws, with no less than five days' public notice for regular meetings as prescribed in the bylaws and such notice as the bylaws may prescribe for special meetings. Each member shall be given written notice of all meetings as prescribed in the bylaws. Meetings of the board may be called by the chairperson or by such other person or persons as the bylaws may authorize.

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(h) No member may abstain from a vote other than for reasons constituting disqualification to the satisfaction of a majority of a quorum of the board on a record vote. (i) The board may, in its discretion, appoint an executive director as the administrative head of the authority and shall set his or her salary. The executive director of the Georgia Regional Transportation Authority shall serve as a temporary director until the board is constituted and an executive director is appointed by such board. (j) The authority is assigned to the Georgia Regional Transportation Authority for administrative purposes only. (k) The authority shall annually submit a report of projects of regional and state significance from the regional transit plan to the Office of Planning and Budget, the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives for consideration by such parties for inclusion in the bond package for the upcoming fiscal year budget. The required date of submission of such report shall coincide with the required submission date of estimates of financial requirements of a budget unit pursuant to Code Section 45-12-78.

50-39-5. The Atlanta Regional Commission in conjunction with the authority and the director of planning for the Department of Transportation shall utilize federal and state planning funds to continue the development of the Atlanta region's Concept 3 transit proposal, including assessment of potential economic benefit to the region and the state, prioritization of corridors based on highest potential economic benefit and lowest environmental impact, and completion of environmental permitting.

ARTICLE 2

50-39-10. (a)(1) This chapter shall operate uniformly throughout the state. (2)(A) The initial jurisdiction of the authority for purposes of this chapter shall encompass the territory of every county which was designated by the United States Environmental Protection Agency (USEPA) in the Code of Federal Regulations as of December 31, 1998, as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the board designates, through regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter. (B) The jurisdiction of the authority for purposes of this chapter shall also encompass the territory of every county designated by the USEPA in the Code of Federal Regulations after December 31, 1998, as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the board designates, through regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter, provided that the jurisdictional area encompassed under this subparagraph shall

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be contiguous with the jurisdictional area encompassed under subparagraph (A) of this paragraph. (b)(1) By December 1, 2018, the director of the Environmental Protection Division shall report and certify to the authority those counties which were designated by the USEPA as included in whole or in part within a nonattainment area pursuant to subsection (a) of this Code section and, pursuant to criteria established by that division, counties which are reasonably expected to become nonattainment areas under the Clean Air Act within seven years from the date of such report and certification. Such report and certification shall be updated every six months thereafter. Within the geographic territory of any county so designated, the board shall provide, by resolution or regulation, that the funding, planning, design, construction, contracting, leasing, and other related facilities of the authority shall be made available to county and local governments for the purpose of planning, designing, constructing, operating, and maintaining transit systems and transit projects, air quality installations, and all facilities necessary and beneficial thereto, and for the purpose of designing and implementing designated metropolitan planning organizations' transit plans and transportation improvement programs and the authority's regional transit plan, on such terms and conditions as may be agreed to between the authority and such county or local governments. (2) The jurisdiction of the authority for purposes of this chapter shall be extended to any county the territory of which is contiguous with the jurisdiction established by subsection (a) of this Code section which is designated by the USEPA in the Code of Federal Regulations as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the board deems as a county having excess levels of ozone, carbon monoxide, or particulate matter. A majority vote of the board and passage of a resolution by the board of commissioners of such county shall be required for the extension of the jurisdiction to include such a contiguous county. (3) The jurisdiction of the authority for purposes of this chapter may be extended to any county the territory of which is not contiguous with the jurisdiction established by subsection (a) of this Code section which is designated by the USEPA in the Code of Federal Regulations as a county included in whole or in part within a nonattainment area under the Clean Air Act and which the board designates as a county having excess levels of ozone, carbon monoxide, or particulate matter. Such county may be brought within the jurisdiction of the authority by a majority vote of the board and upon the effective date of a local law enacted by the General Assembly for such purpose. (c) Upon acquiring jurisdiction over the territory of any county, the authority's jurisdiction over such territory shall continue until 20 years have elapsed since the later of the date such county was redesignated by the USEPA as in attainment under the Clean Air Act or such designation by the USEPA is no longer made. (d)(1) Upon the lapse of the authority's jurisdiction over a geographic area pursuant to the provisions of this Code section, the authority shall have the power to enter into such contracts, lease agreements, and other instruments necessary or convenient to manage and

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dispose of real property and facilities owned or operated by the authority within such geographic area, and shall dispose of all such property not more than five years after the lapse of such jurisdiction, but shall retain jurisdiction for the purpose of operating and managing such property and facilities until their final disposition. (2) The provisions of this subsection shall be implemented consistent with the terms of such contracts, lease agreements, or other instruments or agreements as may be necessary or required to protect federal interests in assets purchased, leased, or constructed utilizing federal funding in whole or in part, and the authority is empowered to enter into such contracts, lease agreements, or other instruments or agreements with appropriate federal agencies or other representatives or instrumentalities of the federal government from time to time as necessary to achieve the purposes of this chapter and the protection of federal interests. (e) Except for the purpose of reviewing proposed regional transit plans and transportation improvement programs prepared by metropolitan planning organizations in accordance with requirements specifically placed upon the Governor by federal law, the jurisdiction of the authority shall not extend to the territory and facilities of any airport as defined in Code Section 6-3-20.1 and which is certified under 14 C.F.R. Part 139. In no event shall the authority have jurisdiction to design, construct, repair, improve, expand, own, maintain, or operate any such airport or any facilities of such airport. (f) Any county within the jurisdiction of the authority which provided no transit services or was provided no transit services by a state authority on or before July 1, 2018, shall be prohibited from initiating any transit services within such county without prior approval from the voters in a county wide referendum called for such purpose.

50-39-11. (a) The authority shall have the following general powers:
(1) To sue and be sued in all courts of this state, the original jurisdiction and venue of any such action being the superior court of any county wherein a substantial part of the business was transacted, the tortious act, omission, or injury occurred, or the real property is located, except that venue and jurisdiction for bond validation proceedings shall be as provided by paragraph (9) of subsection (e) of Code Section 50-39-32; (2) To have a seal and alter the same at its pleasure; (3) To plan, design, acquire, construct, add to, extend, improve, equip, operate, and maintain or cause to be operated and maintained transit systems and transit projects, and all facilities and appurtenances necessary or beneficial thereto, within the geographic area over which the authority has jurisdiction or which are included within a regional transit plan or transportation improvement program and provide transit services within the geographic jurisdiction of the authority, and to contract with any state, regional, or local government, authority, or department, or with any private person, firm, or corporation, for those purposes, and to enter into contracts and agreements with the Georgia Department

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of Transportation, county and local governments, and transit system operators for those purposes; (4) To plan, design, acquire, construct, add to, extend, improve, equip, operate, and maintain or cause to be operated and maintained air quality control installations, and all facilities and appurtenances necessary or beneficial thereto, within the geographic area over which the authority has jurisdiction for such purposes pursuant to this chapter, and to contract with any state, regional, or local government, authority, or department, or with any private person, firm, or corporation, for those purposes; provided, however, that where such air quality control measures are included in an applicable implementation plan, they shall be approved by the Environmental Protection Division of the state Department of Natural Resources and by the United States Environmental Protection Agency where necessary to preserve their protected status during any conformity lapse; (5) 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, such contracts, leases, or instruments to include contracts for acquisition, construction, operation, management, or maintenance of projects and facilities owned by local government, the authority, or by the state or any political subdivision, department, agency, or authority thereof, and to include contracts relating to the execution of the powers of the authority and the disposal of the property of the authority from time to time; and any and all local governments, departments, institutions, authorities, or agencies of the state are authorized to enter into contracts, leases, agreements, or other instruments with the authority upon such terms and to transfer real and personal property to the authority for such consideration and for such purposes as they deem advisable; (6) 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, in compliance, where required, with applicable federal law including without limitation the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. Section 4601, et seq., 23 C.F.R. Section 1.23, and 23 C.F.R. Section 713(c); (7) To appoint an executive director who shall be executive officer and administrative head of the authority. The executive director shall be appointed and serve at the pleasure of the board. The executive director shall hire officers, agents, and employees, prescribe their duties and qualifications and fix their compensation, and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director; (8) To finance projects, facilities, and undertakings of the authority for the furtherance of the purposes of the authority within the geographic area over which the authority has jurisdiction by loan, loan guarantee, grant, lease, or otherwise, and to pay the cost of such from the proceeds of bonds, revenue bonds, notes, or other obligations of the authority or any other funds of the authority or from any contributions or loans by persons,

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corporations, partnerships, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use; provided that such debt is consistent with the state debt management plan as established by the Georgia State Financing and Investment Commission pursuant to Chapter 17 of this title, the 'Georgia State Financing and Investment Commission Act'; (9) To extend credit or make loans or grants for all or part of the cost or expense of any project, facility, or undertaking of a political subdivision or other entity for the furtherance of the purposes of the authority within the geographic area over which the authority has jurisdiction upon such terms and conditions as the authority may deem necessary or desirable; and to adopt rules, regulations, and procedures for making such loans and grants; (10) To borrow money to further or carry out its public purpose and to issue guaranteed revenue bonds, revenue bonds, notes, or other obligations to evidence such loans and to execute leases, trust indentures, trust agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable in the judgment of the authority, and to evidence and to provide security for such loans; (11) To issue guaranteed revenue bonds, revenue bonds, bonds, notes, or other obligations of the authority, to receive payments from the Department of Community Affairs, and to use the proceeds thereof for the purpose of:
(A) Paying or loaning the proceeds thereof to pay, all or any part of, the cost of any project or the principal of and premium, if any, and interest on the revenue bonds, bonds, notes, or other obligations of any local government issued for the purpose of paying in whole or in part the cost of any project and having a final maturity not exceeding three years from the date of original issuance thereof; (B) Paying all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out the purposes of the authority; and (C) Paying all costs of the authority incurred in connection with the issuance of the guaranteed revenue bonds, revenue bonds, bonds, notes, or other obligations; (12) To collect fees and charges in connection with its loans, commitments, management services, and servicing including, but not limited to, reimbursements of costs of financing, as the authority shall determine to be reasonable and as shall be approved by the authority; (13) Subject to any agreement with bond owners, to invest moneys of the authority not required for immediate use to carry out the purposes of this chapter, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following: (A) Bonds or other obligations of the state or bonds or other obligations, the principal and interest of which are guaranteed by the state; (B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government;

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(C) Obligations of agencies of the United States government issued by the Federal Land Bank, the Federal Home Loan Bank, the Federal Intermediate Credit Bank, and the Bank for Cooperatives; (D) Bonds or other obligations issued by any public housing agency or municipality in the United States, which bonds or obligations are fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States government, or project notes issued by any public housing agency, urban renewal agency, or municipality in the United States and fully secured as to payment of both principal and interest by a requisition, loan, or payment agreement with the United States government; (E) Certificates of deposit of national or state banks or federal savings and loan associations located within the state which have deposits insured by the Federal Deposit Insurance Corporation or any Georgia deposit insurance corporation and certificates of deposit of state building and loan associations located within the state which have deposits insured by any Georgia deposit insurance corporation, including the certificates of deposit of any bank, savings and loan association, or building and loan association acting as depository, custodian, or trustee for any such bond proceeds; provided, however, that the portion of such certificates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation or any Georgia deposit insurance corporation, if any such excess exists, shall be secured by deposit with the Federal Reserve Bank of Atlanta, Georgia, or with any national or state bank located within the state, of one or more of the following securities in an aggregate principal amount equal at least to the amount of such excess:
(i) Direct and general obligations of the state or of any county or municipality in the state; (ii) Obligations of the United States or subsidiary corporations included in subparagraph (B) of this paragraph; (iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph; (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other

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similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys; and (G) State operated investment pools; (14) To acquire or contract to acquire from any person, firm, corporation, local government, federal or state agency, or corporation by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same; and local government is authorized to grant, sell, or otherwise alienate leaseholds, real and personal property, or any interest therein to the authority; (15) Subject to applicable covenants or agreements related to the issuance of bonds, to invest any moneys held in debt service funds or sinking funds not restricted as to investment by the Constitution or laws of this state or the federal government or by contract not required for immediate use or disbursement in obligations of the types specified in paragraph (13) of this subsection, provided that, for the purposes of this paragraph, the amounts and maturities of such obligations shall be based upon and correlated to the debt service, which debt service shall be the principal installments and interest payments, schedule for which such moneys are to be applied; (16) To provide advisory, technical, consultative, training, educational, and project assistance services to the state and local government and to enter into contracts with the state and local government to provide such services. The state and local governments are authorized to enter into contracts with the authority for such services and to pay for such services as may be provided them; (17) To make loan commitments and loans to local governments and to enter into option arrangements with local governments for the purchase of said bonds, revenue bonds, notes, or other obligations; (18) To sell or pledge any bonds, revenue bonds, notes, or other obligations acquired by it whenever it is determined by the authority that the sale thereof is desirable; (19) 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; (20) To lease to local governments any authority owned facilities or property or any state owned facilities or property which the authority is managing under contract with the state; (21) To contract with state agencies or any local government for the use by the authority of any property or 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; (22) To extend credit or make loans, including the acquisition of bonds, revenue bonds, notes, or other obligations of the state, any local government, or other entity, including the

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federal government, for the cost or expense of any project or any part of the cost or expense of any project, which credit or loans may be evidenced or secured by trust indentures, loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, or assignments, on such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds; and, in the exercise of powers granted by this chapter in connection with any project, the authority shall have the right and power to require the inclusion in any such trust indentures, loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable; (23) As security for repayment of any bonds, revenue bonds, notes, or other obligations of the authority, to pledge, lease, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority including, but not limited to, real property, fixtures, personal property, and revenues or other funds and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument; (24) To receive and use the proceeds of any tax levied to pay all or any part of the cost of any project or for any other purpose for which the authority may use its own funds pursuant to this chapter; (25) To use income earned on any investment for such corporate purposes of the authority as the authority in its discretion shall determine, including, but not limited to, the use of repaid principal and earnings on funds, the ultimate source of which was an appropriation to a budget unit of the state to make loans for projects; (26) To cooperate and act in conjunction with industrial, commercial, medical, scientific, public interest, or educational organizations; with agencies of the federal government and this state and local government; with other states and their political subdivisions; and with joint agencies thereof, and such state agencies, local government, and joint agencies are authorized and empowered to cooperate and act in conjunction and to enter into contracts or agreements with the authority and local government to achieve or further the purposes of the authority; (27) To coordinate, cooperate, and contract with any metropolitan planning organization for a standard metropolitan statistical area which is primarily located within an adjoining

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state but which includes any territory within the jurisdiction of the authority to achieve or further the purposes of the authority as provided by this chapter; (28) To coordinate and assist in planning for transit and air quality purposes within the geographic area over which the authority has jurisdiction pursuant to this chapter, between and among all state, regional, and local authorities charged with planning responsibilities for such purposes by state or federal law, and to adopt a regional plan or plans based in whole or in part on such planning; (29) To review and make recommendations to the Governor, Lieutenant Governor, and Speaker of the House of Representatives concerning all transit plans and transportation improvement programs prepared by the Department of Transportation involving design, construction, or operation of transit facilities wholly or partly within the geographic area over which the authority has jurisdiction pursuant to this chapter, and to negotiate with that department concerning changes or amendments to such plans which may be recommended by the authority consistent with applicable federal law and regulation, and to adopt such plans as all or a portion of its own regional plans; (30) To acquire by the exercise of the power of eminent domain any real property or rights in property which it may deem necessary for its purposes under this chapter pursuant to the procedures set forth in this chapter, and to purchase, exchange, sell, lease, or otherwise acquire or dispose of any property or any rights or interests therein for the purposes authorized by this chapter or for any facilities or activities incident thereto, subject to and in conformity with applicable federal law and regulation; (31) To the extent permissible under federal law, to operate as a receiver of federal grants, loans, and other moneys intended to be used within the geographic area over which the authority has jurisdiction pursuant to this chapter for inter-urban and intra-urban transit, transit plans, air quality and air pollution control, and other purposes related to the alleviation of congestion and air pollution; (32) 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; (33) To do all things necessary or convenient to carry out the powers conferred by this chapter; (34) To procure insurance against any loss in connection with its property and other assets or obligations or to establish cash reserves to enable it to act as self-insurer against any and all such losses; (35) To accept and use federal funds; to enter into any contracts or agreements with the United States or its agencies or subdivisions relating to the planning, financing, construction, improvement, operation, and maintenance of any transit services or transit projects; and to do all things necessary, proper, or expedient to achieve compliance with the provisions and requirements of all applicable federal-aid acts and programs. Nothing in this chapter is intended to conflict with any federal law; and, in case of such conflict, such portion as may be in conflict with such federal law is declared of no effect to the extent of the conflict;

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(36) To ensure that any project funded by the authority in whole or in part with federal-aid funds is included in approved transportation improvement programs adopted and approved by designated metropolitan planning organizations and the Governor and in any transit plan adopted and approved by the designated metropolitan planning organization and is in compliance with the requirements of relevant portions of the regulations implementing the Clean Air Act including without limitation 40 C.F.R. Section 93.105(c)(1)(ii) and 40 C.F.R. Section 93.122(a)(1), where such inclusion, approval, designation, or compliance is required by applicable federal law or regulation; and (37) To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts and attorneys, and to fix their compensation. (b) The provision of local government services and the utilization of funding mechanisms therefor consistent with the terms of this chapter shall not be subject to the provisions of Chapter 70 of Title 36; provided, however, that the authority shall, where practicable, provide for coordination and consistency between the provision of such services pursuant to the terms of this chapter and the provision of such services pursuant to Chapter 70 of Title 36.

50-39-12. (a) In consultation with the metropolitan planning organization, as such term is defined in Code Section 48-8-242, which jurisdiction is located wholly or partially within the jurisdiction of the authority, the authority shall develop, annually review, and amend, as necessary, a regional transit plan. Such plan shall include, but not be limited to, transit projects based upon a region-wide approach to the provision of transit services through buses and rail, the establishment of multimodal stations within the jurisdiction of the authority, enhancement of connectivity throughout the region, cost-effective expansion of existing transit systems, and the coordination of schedules and methods of payment for transit service providers. In developing such plan, the authority may consider both macro level planning in order to efficiently coordinate transit services across jurisdictional lines as well as micro level planning of services being delivered by local governments and transit service operators, including the Metropolitan Atlanta Rapid Transit Authority, in order to ensure continuation of current services or routes. Such plan shall provide that the Metropolitan Atlanta Rapid Transit Authority shall serve as the sole operator of any system of transportation which utilizes heavy rail within the jurisdiction of the authority. (b) The plan developed pursuant to this Code section shall include, at a minimum, a six year and 20 year component which shall reflect the federal priorities set forth in 23 U.S.C. Section 134(i)(2)(A)(ii) and 23 U.S.C. Section 134(j)(2)(A) and shall serve as the plans to be submitted for federal funding pursuant to such federal requirements. (c) In addition to amendments made to the plan developed pursuant to this Code section upon the initiative of the authority based upon changing conditions, the authority may

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amend the plan upon request from a local governing authority to include a certain project or assist with a specific transit need. (d) Such plan shall further include the creation of a unified brand to encompass all transit service providers within the jurisdiction of the authority.

50-39-13. (a) The Governor may delegate to the authority, by executive order, his or her powers under applicable federal transportation planning and air quality laws and regulations, including without limitation the power to resolve revision disputes between metropolitan planning organizations and the Department of Transportation under 40 C.F.R. Section 93.105, the power of approval and responsibilities for public involvement under 23 C.F.R. Section 450.216(a), and any power to serve as the designated recipient of federal funds for purposes of transit funding for capital projects and for financing and directly providing public transportation under 49 U.S.C. Sections 5302 through 5304. (b) The authority shall formulate measurable targets for air quality improvements and standards within the geographic area over which the authority has jurisdiction pursuant to this chapter, and annually shall report such targets to the Governor, Lieutenant Governor, and Speaker of the House of Representatives, together with an assessment of progress toward achieving such targets and projected measures and timetables for achieving such targets. The authority shall formulate an annual report and audit of all transit planning, funding, and operations within the jurisdiction of the authority which shall be presented by December 1 of each year to the Senate and House Transportation Committees and the local governing authorities of those counties within the jurisdiction of the authority.

50-39-14. (a) In furtherance of the purposes of the authority, no project of the Georgia Rail Passenger Authority created by Article 9 of Chapter 9 of Title 46 which is located wholly or partly within the geographic area over which the authority has jurisdiction shall be commenced after May 6, 1999, unless such project is approved by the affirmative vote of two-thirds of the authorized membership of the board of directors of the authority pursuant to a motion made for that purpose; provided, however, that where such project is an approved transportation control measure pursuant to an approved state implementation plan, such project may proceed consistent with applicable federal law and regulation. (b) From time to time, by the affirmative vote of two-thirds of the authorized membership of the board of directors of the authority, the authority may direct the Georgia Environmental Finance Authority to issue revenue bonds, bonds, notes, loans, credit agreements, or other obligations or facilities to finance, in whole or in part, any project or the cost of any project of the authority wholly or partly within the geographic area over which the authority has jurisdiction, by means of a loan, extension of credit, or grant from the Georgia Environmental Finance Authority to the authority, on such terms or conditions as shall be concluded between the two authorities; provided that such debt is consistent with

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the state debt management plan as established by the Georgia State Financing and Investment Commission pursuant to Chapter 17 of this title, the 'Georgia State Financing and Investment Commission Act.' (c) The Georgia Environmental Finance Authority shall be subordinate to the authority in all respects, with respect to authority projects, within the geographic area over which the authority has jurisdiction; and, in the event of any conflict with the provisions of Chapter 23 of this title, the provisions of this chapter shall prevail in all respects. It is expressly provided, however, that nothing in this Code section and nothing in this chapter shall be construed to permit in any manner the alteration, elimination, or impairment of any term, provision, covenant, or obligation imposed on any state authority, including but not limited to this authority, the Georgia Environmental Finance Authority, the Georgia Regional Transportation Authority, or the Georgia Rail Passenger Authority, for the benefit of any owner or holder of any bond, note, or other obligation of any such authority.

50-39-15. (a) After the adoption by the authority of a resolution declaring that the acquisition of the real property described therein is necessary for the purposes of this chapter, the authority may exercise the power of eminent domain in the manner provided in Title 22; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of such power; provided, however, that the provisions of Article 7 of Chapter 16 of this title shall not be applicable to the exercise of the power of eminent domain by the authority. Property already devoted to public use may be acquired, except that no real property belonging to the state other than property acquired by or for the purposes of the Department of Transportation may be acquired without the consent of the state. (b) Real property acquired by the authority in any manner for the purposes of this chapter shall not be subject to the exercise of eminent domain by any state department, division, board, bureau, commission, authority, or other agency or instrumentality of the executive branch of state government, or by any political subdivision of the state or any agency, authority, or instrumentality thereof, without the consent of the authority.

50-39-16. The authority shall have all rights afforded the state by virtue of the Constitution of the United States, and nothing in this chapter shall be construed to remove any such rights.

50-39-17. Neither the members of the authority nor any officer or employee of the authority acting on behalf thereof, while acting within the scope of his or her authority, shall be subject to any liability resulting from:
(1) The construction, ownership, maintenance, or operation of any project financed with the assistance of the authority;

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(2) The construction, ownership, maintenance, or operation of any project, facility, or undertaking authorized by the authority and owned by a local government; or (3) Carrying out any of the powers expressly given in this chapter.

50-39-18. (a) Upon request of the board of the authority, the Department of Transportation and the Department of Natural Resources shall provide to the authority and its authorized personnel and agents access to all books, records, and other information resources available to those departments which are not of a commercial proprietary nature and shall assist the authority in identifying and locating such information resources. Reimbursement for costs of identification, location, transfer, or reproduction of such information resources, including personnel costs incurred by the respective departments for such purposes, shall be made by the authority to those respective departments. (b) The authority may request from time to time, and the Department of Transportation and the Department of Natural Resources shall provide as permissible under the Constitution and laws of this state, the assistance of personnel and the use of facilities, vehicles, aircraft, and equipment of those departments, and reimbursement for all costs and salaries thereby incurred by the respective departments shall be made by the authority to those respective departments.

ARTICLE 3

50-39-30. In accomplishing its purposes pursuant to the provisions of this chapter, the authority may utilize, unless otherwise prohibited by law, any combination of the following funding resources:
(1) Revenue bonds as authorized by this chapter; (2) Guaranteed revenue bonds as authorized by this chapter; (3) Funds obtained in a special district, for the purposes of providing transit services, transit projects, and air quality services within such district or, by contract with, between, and among local governments within such special districts, throughout such districts; (4) Moneys borrowed by the authority pursuant to the provisions of this chapter; (5) Such federal funds as may from time to time be made available to the authority or for purposes coincident with the purposes of the authority within the territory over which the authority has jurisdiction; and (6) Such grants or contributions from persons, firms, corporations, or other entities as the authority may receive from time to time.

50-39-31. The authority may serve as the entity to discharge all duties imposed on the state by any act of Congress allotting federal funds to be expended for transit projects and purposes within

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the jurisdiction of the authority. Unless designated otherwise by the federal government, the authority shall be designated as the proper and sole authority to receive any of the federal aid funds apportioned by the federal government for use within the jurisdiction of the authority and may disburse such funds in accordance with the purposes of this article. This Code section shall not be deemed to impair or interfere in any manner with any existing rights under a contract entered into prior to December 1, 2018, or any federal grants or agreements awarded or entered into prior to December 1, 2018. This Code section shall not be applicable to projects or services provided for under the terms of a contract entered into as of December 1, 2018, under the authority granted pursuant to a local constitutional amendment set out at Ga. L. 1964, p. 1008, and the planning, funding, coordination, and delivery of such projects or services shall be as provided for by such contract or contracts.

50-39-32. (a)(1) 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 subsection in excess of the cumulative principal sum of $1 billion 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 the proceeds thereof for the purpose of paying all or part of the costs of any project or undertaking which is for the purpose of exercising the powers delegated to it by this chapter, and the construction and provision of such installations and facilities as the authority may from time to time deem advisable to construct or contract for those purposes, as such undertakings and facilities shall be designated in the resolution of the board of directors authorizing the issuance of such bonds; provided that such debt is consistent with the state debt management plan as established by the Georgia State Financing and Investment Commission pursuant to Chapter 17 of this title, the 'Georgia State Financing and Investment Commission Act.' (2) The revenue bonds and the interest payable thereon shall be exempt from all taxation within the state imposed by the state or any county, municipal corporation, or other political subdivision of the state.
(b) In addition, the authority shall have the power and is authorized to issue bonds in such principal amounts as the authority deems appropriate, such bonds to be primarily secured by a pool of obligations issued by local governments when the proceeds of the local government obligations are applied to projects of the authority. (c) The authority shall have the power from time to time to refund any bonds by the issuance of new bonds whether the bonds to be refunded have or have not matured and may issue bonds partly to refund bonds then outstanding and partly for any other corporate purpose. (d) Bonds issued by the authority may be general or limited obligations payable solely out of particular revenues or other moneys of the authority as may be designated in the proceedings of the authority under which the bonds shall be authorized to be issued, subject

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to any agreements entered into between the authority and state agencies, local government, or private parties and subject to any agreements with the owners of outstanding bonds pledging any particular revenues or moneys.
(e)(1) The authority is authorized to obtain from any department, agency, or corporation of the United States of America or governmental insurer, including the state, any insurance or guaranty, to the extent now or hereafter available, as to or for the payment or repayment of interest or principal, or both, or any part thereof on any bonds or notes issued by the authority or on any obligations of federal, state, or local governments purchased or held by the authority; and to enter into any agreement or contract with respect to any such insurance or guaranty, except to the extent that the same would in any way impair or interfere with the ability of the authority to perform and fulfill the terms of any agreement made with the owners of the bonds or notes of the authority. (2) Bonds issued by the authority shall be authorized by resolution of the authority, be in such denominations, bear such date or dates, and mature at such time or times as the authority determines to be appropriate, except that bonds and any renewal thereof shall mature within 25 years of the date of their original issuance. Such bonds shall be subject to such terms of redemption, bear interest at such rate or rates payable at such times, be in registered form or book-entry form through a securities depository, or both, as to principal or interest or both principal and interest, carry such registration privileges, be executed in such manner, be payable in such medium of payment at such place or places, and be subject to such terms and conditions as such resolution of the authority may provide; provided, however, in lieu of specifying the rate or rates of interest which the bonds to be issued by an authority are to bear, the resolution of the authority may provide that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest which may be fixed or may fluctuate or otherwise change from time to time as specified in the resolution or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or otherwise change from time to time, as specified. Bonds may be sold at public or private sale for such price or prices as the authority shall determine. (3) Any resolution or resolutions authorizing bonds or any issue of bonds may contain provisions which may be a part of the contract with the owners of the bonds thereby authorized as to:
(A) Pledging all or part of its revenues, together with any other moneys, securities, contracts, or property, to secure the payment of the bonds, subject to such agreements with bond owners as may then exist; (B) Setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof; (C) Limiting the purpose to which the proceeds from the sale of bonds may be applied; (D) Limiting the right of the authority to restrict and regulate the use of any project or part thereof in connection with which bonds are issued;

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(E) Limiting the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds; (F) Setting the procedure, if any, by which the terms of any contract with bond owners may be amended or abrogated, including the proportion of bond owners which must consent thereto and the manner in which such consent may be given; (G) Creating special funds into which any revenues or other moneys may be deposited; (H) Setting the terms and provisions of any trust, deed, or indenture or other agreement under which the bonds may be issued; (I) Vesting in a trustee or trustees such properties, rights, powers, and duties in trust as the authority may determine; (J) Defining the acts or omissions to act which may constitute a default in the obligations and duties of the authority to the bond owners and providing for the rights and remedies of the bond owners in the event of such default, including as a matter of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the general laws of the state and other provisions of this chapter; (K) Limiting the power of the authority to sell or otherwise dispose of any environmental facility or any part thereof or other property, including municipal bonds held by it; (L) Limiting the amount of revenues and other moneys to be expended for operating, administrative, or other expenses of the authority; (M) Providing for the payment of the proceeds of bonds, obligations, revenues, and other moneys to a trustee or other depository and for the method of disbursement thereof with such safeguards and restrictions as the authority may determine; and (N) Establishing any other matters of like or different character which in any way affect the security for the bonds or the rights and remedies of bond owners. (4) In addition to the powers conferred upon the authority to secure its bonds, the authority shall have power in connection with the issuance of bonds to enter into such agreements as the authority may deem necessary, consistent, or desirable concerning the use or disposition of its revenues or other moneys or property, including the mortgaging of any property and the entrusting, pledging, or creation of any other security interest in any such revenues, moneys, or property and the doing of any act, including refraining from doing any act, which the authority would have the right to do in the absence of such agreements. The authority shall have power to enter into amendments of any such agreements within the powers granted to the authority by this chapter and to perform such agreements. The provisions of any such agreements may be made a part of the contract with the owners of bonds of the authority. (5) Any pledge of or other security interest in revenues, moneys, accounts, contract rights, general intangibles, or other personal property made or created by the authority shall be valid, binding, and perfected from the time when such pledge is made or other security interest attaches without any physical delivery of the collateral or further act, and the lien

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of any such pledge or other security interest shall be valid, binding, and perfected against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether or not such parties have notice thereof. No instrument by which such a pledge or security interest is created nor any financing statement need be recorded or filed. (6) All bonds issued by the authority shall be executed in the name of the authority by the chairperson and secretary of the authority and shall be sealed with the official seal or a facsimile thereof. The facsimile signature of the chairperson and the secretary of the authority may be imprinted in lieu of the manual signature if the authority so directs. Bonds bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid, notwithstanding the fact that before or after delivery thereof such person ceased to hold such office. (7) Prior to the preparation of definitive bonds, the authority may issue interim receipts, interim certificates, or temporary bonds exchangeable for definitive bonds upon the issuance of the latter; the authority may provide for the replacement of any bond which shall become mutilated or be destroyed or lost. (8) All bonds issued by the authority under this chapter may be executed, confirmed, and validated under and in accordance with Article 3 of Chapter 82 of Title 36, except as otherwise provided in this chapter. (9) The venue for all bond validation proceedings pursuant to this chapter shall be Fulton County, and the Superior Court of Fulton County shall have exclusive final court jurisdiction over such proceedings. (10) Bonds issued by the authority shall have a certificate of validation bearing the facsimile signature of the clerk of the Superior Court of Fulton County and shall state the date on which said bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court of this state. (11) The authority shall reimburse the district attorney for his or her actual costs, if any, associated with the bond validation proceedings. The fees payable to the clerk of the Superior Court of Fulton County for validation shall be as follows for each bond, regardless of the denomination of such bond:
(A) Fifty cents each for the first 100 bonds; (B) Twenty-five cents each for the next 400 bonds; and (C) Ten cents for each such bond over 500. (12) Whether or not the bonds of the authority are of such form and character as to be negotiable instruments, the bonds are made negotiable instruments within the meaning of and for all the purposes of Georgia law subject only to the provisions of the bonds for registration. (13) Neither the members of the authority nor any person executing bonds shall be liable personally thereon or be subject to any personal liability or accountability solely by reason of the issuance thereof.

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(14) The authority, subject to such agreements with bond owners as then may exist, shall have power out of any moneys available therefor to purchase bonds of the authority, which shall thereupon be canceled, at a price not in excess of the following:
(A) If the bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment date; or (B) If the bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the bonds become subject to redemption, plus accrued interest to the next interest payment date. (15) In lieu of specifying the rate or rates of interest which bonds to be issued by the authority are to bear, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which rate may be fixed or may fluctuate or otherwise change from time to time, specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which rate may be fixed or may fluctuate or otherwise change from time to time, so specified; provided, however, that nothing in this Code section shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.

50-39-33. (a) The authority shall have the power and is authorized to issue guaranteed revenue bonds in a maximum aggregate principal amount not to exceed $1 billion, under the terms and conditions set forth in this chapter, pursuant to the provisions of Article 2 of Chapter 17 of this title, which bonds shall constitute guaranteed revenue debt under Article VII, Section IV, Paragraph III of the Constitution of this state; provided that such debt is consistent with the state debt management plan as established by the Georgia State Financing and Investment Commission pursuant to Chapter 17 of this title, the 'Georgia State Financing and Investment Commission Act.' The General Assembly hereby finds and determines that such issue will be self-liquidating over the life of the issue, and declares its intent to appropriate an amount equal to the highest annual debt service requirements for such issue. The proceeds of such bonds and the investment earnings thereon shall be used to finance transit services or transit projects, including any costs of such projects. (b) The guaranteed revenue bonds and the interest payable thereon shall be exempt from all taxation within the state imposed by the state or any county, municipal corporation, or other political subdivision of the state.

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50-39-34. The bonds of the authority are made securities in which all public officials and bodies of the state and all counties and municipalities, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, investment companies and other persons carrying on a banking business, and administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever, who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. The bonds are also made securities which may be deposited with and may be received by all public officers and bodies of this state and all counties and municipalities for any purposes for which the deposit of bonds or other obligations of this state are now or hereafter may be authorized.

50-39-35. The State of Georgia does pledge to and agree with the owners of any bonds issued by the authority pursuant to this chapter that the state will not alter or limit the rights vested in the authority to fulfill the terms of any agreement made with or for the benefit of the owners of bonds or in any way impair the rights and remedies of bond owners until the bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such owners, are fully met and discharged or funds for the payment of such are fully provided The authority is authorized to include this pledge and agreement of the state in any agreement with bond owners.

50-39-36. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under Chapter 5 of Title 10, known as the 'Georgia Uniform Securities Act of 2008.' No notice, proceeding, or publication except those required in this chapter shall be necessary to the performance of any act authorized in this chapter; nor shall any such act be subject to referendum.

50-39-37. No bonds, notes, or other obligations of and no indebtedness incurred by the authority, other than guaranteed revenue bonds, shall constitute an indebtedness or obligation or a pledge of the faith and credit of the State of Georgia or of its agencies; nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or its agencies or a cause of action against the state or its agencies; provided, however, the state, to the extent permitted by its Constitution, may guarantee payment of such bonds, notes, or other obligations as guaranteed revenue debt.

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50-39-38. It is found, determined, and declared that the creation of this authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this chapter. For such reasons the state covenants with the owners from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this chapter shall include an exemption from sales and use tax on property purchased by the authority or for use by the authority.

50-39-39. The issuance of any bond, revenue bond, note, or other obligation or incurring of debt, public or otherwise, by the authority must be approved by the commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor.

50-39-40. No bonded indebtedness of any kind shall be incurred by the authority or on behalf of the authority by the Georgia Environmental Finance Authority at any time when the highest aggregate annual debt service requirements of the state for the then current fiscal year or any subsequent fiscal year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt and treating it as state general obligation debt or guaranteed revenue debt for purposes of calculating debt limitations under this Code section, and the highest aggregate annual payments for the then current fiscal year or any subsequent fiscal year of the state under all contracts then in force to which the provisions of the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of 1976 are applicable, exceed 7.5 percent of the total revenue receipts, less refunds of the state treasury in the fiscal year immediately preceding the fiscal year in which any such debt is to be incurred.

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ARTICLE 4

50-39-50. (a) For the purposes of this Code section, the term 'lease agreement' shall mean and include a lease, operating lease rental agreement, usufruct, sale and lease back, or any other lease agreement having a term of not more than 50 years and concerning real, personal, or mixed property, any right, title, or interest therein by and between the state, the authority, a local government, or any combination thereof. (b) A local government by resolution of its governing body may enter into a lease agreement for the provision of transit services, transit projects, or air quality services utilizing facilities owned by the authority upon such terms and conditions as the authority shall determine to be reasonable including, but not limited to, the reimbursement of all costs of construction and financing and claims arising therefrom. (c) No lease agreement shall be deemed to be a contract subject to any law requiring that a contract shall be let only after receipt of competitive bids. (d) Any lease agreement may provide for the construction of such transit project or air quality facility by the local government as agent for the authority. In such event, all contracts for such construction shall be let by such local government in accordance with the provisions of law otherwise applicable to the letting of such contracts by such local government and with the provisions of state law pertaining to prevailing wages, labor standards, and working hours. Any such lease agreement may contain provisions by which such local government shall indemnify the authority against any and all damages resulting from acts or omissions to act on the part of such local government or its officers, agents, or employees in constructing such facility or facilities, in letting any contracts in connection therewith, or in operating and maintaining the same. (e) Any lease agreement executed by the authority directly with any local government may provide at the termination thereof that title to the transit project or air quality facility project shall vest in the local government or its successor in interest, if any, free and clear of any liens or encumbrances created in connection with any contract or bonds, revenue bonds, notes, or other obligations involving the authority. (f) Any lease agreement directly between the state or authority and a local government may contain provisions requiring the local government to perform any or all of the following:
(1) In the case of a transit service or transit project, to establish and collect rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) The costs of operation, maintenance, renewal, replacement, and repairs of the transit project of such local government; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such transit project and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves;

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(2) In the case of an air quality facility, to establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) The costs of operation, maintenance, renewal, and repairs of the air quality facility of such local government; and (B) Outstanding bonds, revenue bonds, notes, or other obligations incurred for the purposes of such air quality facility and to provide for the payment of all amounts as they shall become due and payable under the terms of such lease agreement, including amounts for the creation and maintenance of any required reserves; (3) To create and maintain reasonable reserves or other special funds; (4) To create and maintain a special fund or funds as additional security for the punctual payment of any rentals due under such lease agreement and for the deposit therein of such revenues as shall be sufficient to pay said lease rentals and any other amounts becoming due under such lease agreements as the same shall become due and payable; or (5) To perform such other acts and take such other action as may be deemed necessary and desirable by the authority to secure the complete and punctual performance by such local government of such lease agreements and to provide for the remedies of the authority in the event of a default by such local government in such payment.

50-39-51. (a) The authority may make grants or loans to a local government to pay all or any part of the cost of a project. In the event the local government agrees to accept such grants or loans, the authority may require the local government to issue bonds or revenue bonds as evidence of such grants or loans. The authority and a local government may enter into such loan commitments and option agreements as may be determined appropriate by the authority. (b) The authority may require as a condition of any grant or loan to a local government that such local government shall perform any or all of the following:
(1) In the case of grants or loans for transit services or transit projects, establish and collect rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of:
(A) Costs of operation, maintenance, replacement, renewal, and repairs; and (B) Outstanding indebtedness incurred for the purposes of such service, project, or facility, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves; (2) In the case of grants or loans for an air quality facility, establish and collect rents, rates, fees, and charges so as to produce revenues sufficient to pay all or a specified portion of: (A) Costs of operation, maintenance, renewal, replacement, and repairs of the air quality facility of such local government; and

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(B) Outstanding indebtedness incurred for the purposes of such air quality facility, including the principal of and interest on the bonds, revenue bonds, notes, or other obligations issued by the local government, as the same shall become due and payable, and to create and maintain any required reserves; (3) Create and maintain a special fund or funds, as additional security for the payment of the principal of such revenue bonds and the interest thereon and any other amounts becoming due under any agreement, entered into in connection therewith and for the deposit therein of such revenues as shall be sufficient to make such payment as the same shall become due and payable; (4) Create and maintain such other special funds as may be required by the authority; and (5) Perform such other acts, including the conveyance of real and personal property together with all right, title, or interest therein to the authority, or take other actions as may be deemed necessary or desirable by the authority to secure the payment of the principal of and interest on such bonds, revenue bonds, notes, or other obligations and to provide for the remedies of the authority in the event of any default by such local government in such payment. (c) All local governments issuing and selling bonds, revenue bonds, notes, or other obligations to the authority are authorized to perform such acts, take such action, adopt such proceedings, and to make and carry out such contracts with the authority as may be contemplated by this chapter. (d) In connection with the making of any loan authorized by this chapter, the authority may fix and collect such fees and charges, including, but not limited to, reimbursement of all costs of financing by the authority, as the authority shall determine to be reasonable. Neither the Public Service Commission nor any local government or state agency shall have jurisdiction over the authority's power over the regulation of such fees or charges.

50-39-52. (a) In the event of a failure of any local government to collect and remit in full all amounts due to the authority and all amounts due to others, which involve the credit or guarantee of the authority or of the state, on the date such amounts are due under the terms of any bond, revenue bond, note, or other obligation of the local government, it shall be the duty of the authority to notify the state treasurer who shall withhold all funds of the state and all funds administered by the state, its agencies, boards, and instrumentalities allotted to such local government, excluding funds for education purposes, until such local government has collected and remitted in full all sums due and cured or remedied all defaults on any such bond, revenue bond, note, or other obligation. (b) Nothing contained in this Code section shall mandate the withholding of funds allocated to a local government which would violate contracts to which the state is a party, the requirements of federal law imposed on the state, or judgments of any court binding the state.

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ARTICLE 5

50-39-60. This chapter, being for the welfare of this state and its inhabitants, shall be liberally construed to effect the purposes specified in this chapter.

50-39-61. No provision of Chapter 1 of Title 40 shall apply to any bus, other motor vehicle, or rapid rail system of the authority which provides transit services."

PART III MARTA SECTION 3-1.

Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended by designating Code Sections 32-9-1 through 32-9-12 as new Article 1, designating Code Sections 32-9-13 and 32-9-14 as Article 2, and revising newly designated Article 2 to read as follows:

"ARTICLE 2

32-9-13. As used in this article, the term: (1) 'Authority' means the authority created by the MARTA Act and pursuant to a local constitutional amendment for purposes of establishing a metropolitan area system of public transportation set out at Ga. L. 1964, p. 1008. (2) 'Board' means the board of directors of the authority. (3) 'City' means the City of Atlanta. (4) 'MARTA Act' means an Act known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended. (5) 'Metropolitan area' means the counties of Clayton, Cobb, DeKalb, Fulton, and Gwinnett and the City. (6) 'Qualified municipality' shall have the same meaning as provided in paragraph (4) of Code Section 48-8-110. (7) 'Regional transit plan' means the official multiyear plan for transit services and facilities adopted pursuant to Code Section 50-39-12.

32-9-14. (a) Any provisions to the contrary in the MARTA Act notwithstanding and pursuant to the authority granted under a provision of the Constitution enacted by Ga. L. 1964, p. 1008, the city shall be authorized to levy a retail sales and use tax up to 0.50 percent under the

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provisions set forth in this Code section. Such tax shall be in addition to any tax which is currently authorized and collected under the MARTA Act. The city may elect to hold a referendum in 2016 as provided for by this Code section by the adoption of a resolution or ordinance by its governing body on or prior to June 30, 2016; provided, however, that if the city does not adopt a resolution or ordinance on or prior to June 30, 2016, it may elect to hold a referendum at the November, 2017, municipal general election by the adoption of a resolution or ordinance by its governing body to that effect on or prior to June 30, 2017. Such additional tax shall not count toward any local sales tax limitation provided for by Code Section 48-8-6. Any tax imposed under this Code section at a rate of less than 0.50 percent shall be in an increment of 0.05 percent. Any tax imposed under this Code section shall run concurrently as to duration of the levy with the 1 percent tax currently levied pursuant to the MARTA Act.
(b)(1) No later than May 31 of the year a referendum is to be called for as provided in this Code section, the authority shall submit to the city a preliminary list of new rapid transit projects within or serving the geographical area of the city which may be funded in whole or in part by the proceeds of the additional tax authorized by this Code section. (2) No later than July 31 of the year a referendum is to be called for as provided in this Code section, the authority shall submit to the city a final list of new rapid transit projects within or serving the city to be funded in whole or in part by the proceeds of the tax authorized by this Code section. Such final list of new rapid transit projects shall be incorporated into the rapid transit contract established under Section 24 of the MARTA Act between the authority and the city upon approval by the qualified voters of the city of the referendum to levy the additional tax authorized by this Code section. (c) Before the additional tax authorized under this Code section shall become valid, the tax shall be approved by a majority of qualified voters of the city in a referendum thereon. The procedure for holding the referendum called for in this Code section shall be as follows: There shall be published in a newspaper having general circulation throughout the city, once each week for four weeks immediately preceding the week during which the referendum is to be held, a notice to the electors thereof that on the day named therein an election will be held to determine the question of whether or not the tax authorized by this Code section should be collected in the city for the purpose of expanding and enhancing the rapid transit system. Such election shall be held in all the election districts within the territorial limits of the city. The question to be presented to the electorate in any such referendum shall be stated on the ballots or ballot labels as follows:
'( ) YES Shall an additional sales tax of (insert percentage) percent be collected in the City of Atlanta for the purpose of significantly expanding and
( ) NO enhancing MARTA transit service in Atlanta?'
The question shall be published as a part of the aforesaid notice of election. Each such election shall be governed, held, and conducted in accordance with the provisions of law from time to time governing the holding of special elections. After the returns of such an

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election have been received, and the same have been canvassed and computed, the result shall be certified to the governing body of the city, in addition to any other person designated by law to receive the same, and such governing body shall officially declare the result thereof. Each election called by the governing body of the city under the provisions of this Code section shall be governed by and conducted in accordance with the provisions of law governing the holding of elections by the city. The expense of any such election shall be paid by the city. (d) If a majority of those voting in such an election vote in favor of the proposition submitted, then the rapid transit contract between the authority and the city shall authorize the levy and collection of the tax provided for by this Code section, and the final list provided for in paragraph (2) of subsection (b) of this Code section shall be incorporated therein. All of the proceeds derived from the additional tax provided for by this Code section shall be first allocated for payment of the cost of the rapid transit projects incorporated in such contract, except as otherwise provided by the terms of such rapid transit contract, and thereafter, upon completion and payment of such rapid transit projects, as provided for in such contract and this Code section. It shall be the policy of the authority to provide that the tax collected under this Code section in an amount exceeding the cost of the rapid transit projects incorporated in the contract shall be expended solely within and for the benefit of the city. When a tax is imposed under this Code section, the rate of any tax approved as provided for by Article 5A of Chapter 8 of Title 48 shall and the tax provided for by this Code section, in aggregate, shall not exceed a rate of 1 percent. (e) If a majority of those voting in an election provided for by this Code section in 2016 vote against the proposition submitted, the city may elect to resubmit such proposition on the date of the November, 2017, municipal general election by the adoption of a resolution or ordinance to that effect on or prior to June 30, 2017, subject to the provisions of this Code section.
(f)(1) Except as provided for to the contrary in this Code section, the additional tax provided for by this Code section shall be collected in the same manner and under the same conditions as set forth in Section 25 of the MARTA Act. (2) The tax provided for by this Code section shall not be subject to any restrictions as to rate provided for by the MARTA Act and shall not be subject to the provisions of paragraph (2) of subsection (b) or subsection (k) of Section 25 of the MARTA Act. (3) A tax levied under this paragraph shall be added to the state sales and use tax imposed by Article 1 of Chapter 8 of Title 48 and the state revenue commissioner is authorized and directed to establish a bracket system by appropriate rules and regulations to collect the tax imposed under this paragraph in the city.

32-9-15. (a) Any provisions to the contrary in the MARTA Act notwithstanding and pursuant to the authority granted under a provision of the Constitution enacted by Ga. L. 1964, p. 1008, the governing authority of Fulton County shall be authorized to levy a retail sales and use tax

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up to 0.20 percent in the portion of such county located outside the jurisdictional limits of the city upon satisfaction of the provisions set forth in this Code section. Such tax shall be in addition to any tax which is currently authorized and collected under the MARTA Act. Such additional tax shall not count toward any local sales tax limitation provided for by Code Section 48-8-6. Such additional tax shall not be utilized to fund heavy rail. Any tax imposed under this Code section at a rate of less than 0.20 percent shall be in an increment of 0.05 percent. The minimum period of time for the imposition of the tax imposed under this Code section shall be ten years and the maximum period of time for the imposition shall not exceed 30 years. (b) Prior to the call for a referendum authorized by this Code section, the governing authority of Fulton County shall deliver or mail a written notice to the authority and to the mayor or chief elected official in each qualified municipality located within such county and outside the jurisdictional limits of the city. Such notice shall contain the date, time, place, and purpose of a meeting at which the authority and the governing authority of such county and of each qualified municipality are to meet to discuss possible projects within or serving the geographical area of the county which may be funded in whole or in part by the proceeds of the additional tax authorized by this Code section and the rate of such 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 60 days prior to the issuance of the call for the referendum. (c) Following the meeting required by subsection (b) of this Code section and prior to any tax being imposed under this Code section, the qualified municipalities and governing authority representing at least 70 percent of the population of Fulton County outside the boundaries of the city may execute an intergovernmental agreement memorializing their agreement to the levy of a tax and the rate of such tax; provided, however, that no tax shall be authorized to be imposed under this Code section if no such intergovernmental agreement is entered into. An intergovernmental agreement authorized by this subsection shall, at a minimum, include:
(1) If such tax is to be levied after January 1, 2019, a list of the projects proposed to be funded from the tax which shall be from the regional transit plan and approved by the Atlanta-regional Transit Link 'ATL' Authority; (2) The rate of tax to be imposed upon approval of a referendum; and (3) The duration of the tax to be imposed upon approval of a referendum. (d) Upon execution of an intergovernmental agreement as provided for in subsection (c) of this Code section, the governing authority of Fulton County shall be authorized to enter into a rapid transit service contract based upon the conditions agreed to in such intergovernmental agreement. Such rapid transit service contract shall incorporate the list of projects included in the intergovernmental agreement pursuant to paragraph (1) of subsection (c) of this Code section. Such rapid transit contract shall become effective and binding only upon passage of a referendum approving the imposition of an additional tax held in accordance with the provisions of subsection (e) of this Code section.

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(e) Before the additional tax authorized under this Code section shall become valid or the rapid transit contract shall become binding, the tax shall be approved by a majority of qualified voters in Fulton County residing outside the jurisdictional boundaries of the city in a referendum thereon. The procedure for holding the referendum called for in this Code section shall be as follows: There shall be published in a newspaper having general circulation throughout Fulton County, once each week for four weeks immediately preceding the week during which the referendum is to be held, a notice to the electors thereof that on the day named therein an election will be held to determine the question of whether or not the tax authorized by this Code section should be collected in Fulton County for the purpose of expanding and enhancing the rapid transit system. Such election shall be held in all the election districts within the territorial limits of Fulton County located outside the jurisdictional boundaries of the city. The question to be presented to the electorate in any such referendum shall be stated on the ballots or ballot labels as follows:
'( ) YES Shall an additional sales tax of (insert rate) be collected for a period of (insert number) years in the portion of Fulton County outside of the City
( ) NO of Atlanta for the purpose of (description of project or projects)?'
The question shall be published as a part of the aforesaid notice of election. Each such election shall be governed, held, and conducted in accordance with the provisions of law from time to time governing the holding of special elections. After the returns of such an election have been received, and the same have been canvassed and computed, the result shall be certified to the board of commissioners of Fulton County, in addition to any other person designated by law to receive the same, and such board of commissioners shall officially declare the result thereof. Each election called by the board of commissioners of Fulton County under the provisions of this Code section shall be governed by and conducted in accordance with the provisions of law governing the holding of elections by such county. The expense of any such election shall be paid by the county. (f) If a majority of those voting in such an election vote in favor of the proposition submitted, then the rapid transit contract between the authority and Fulton County shall be binding and the levy and collection of the tax provided for by this Code section shall be authorized. All of the proceeds derived from the additional tax provided for by this Code section shall be first allocated for payment of the cost of the rapid transit projects incorporated in such contract, except as otherwise provided by the terms of such rapid transit contract, and thereafter, upon completion and payment of such rapid transit projects, as provided for in such contract and this Code section. It shall be the policy of the authority to provide that the tax collected under this Code section in an amount exceeding the cost of the rapid transit projects incorporated in the contract shall be expended solely within and for the benefit of Fulton County. (g) If a majority of those voting in an election provided for by this Code section vote against the proposition submitted, Fulton County may elect to resubmit such proposition provided that the requirements of this Code section are satisfied.

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(h)(1) Except as provided for to the contrary in this Code section, the additional tax provided for by this Code section shall be collected in the same manner and under the same conditions as set forth in Section 25 of the MARTA Act. (2) The tax provided for by this Code section shall not be subject to any restrictions as to rate provided for by the MARTA Act and shall not be subject to the provisions of paragraph (2) of subsection (b) or subsection (k) of Section 25 of the MARTA Act. (3) A tax levied under this Code section shall be added to the state sales and use tax imposed by Article 1 of Chapter 8 of Title 48, and the state revenue commissioner is authorized and directed to establish a bracket system by appropriate rules and regulations to collect the tax imposed under this Code section in the area of Fulton County outside the jurisdictional boundaries of the city. (i)(1) For purposes of this subsection, the term 'transit oriented development' means any commercial, residential, retail, or office building or development located on authority property or connected physically or functionally to a transit station, including, without limitation, joint development projects on authority property which provide for lease of authority property to private parties, convenient access to a transit station, and construction of a development for any such use. Notwithstanding the foregoing, the location of retail concessions within a transit station shall not alone constitute a transit oriented development. (2) With respect to any local jurisdiction levying a tax as provided for by this Code section, the power of zoning and planning provided for by Article IX, Section II, Paragraph IV of the Constitution of Georgia shall extend to transit oriented development and to authority property which is not part of the transportation system, transportation projects, or rapid transit system or projects of the authority as provided for by the MARTA Act.

32-9-16. (a) There is created the Metropolitan Atlanta Rapid Transit Overview Committee to be composed of the following 14 members: the chairperson of the State Planning and Community Affairs Committee of the House of Representatives; the chairperson of the State and Local Governmental Operations Committee of the Senate; the chairperson of the Ways and Means Committee of the House of Representatives; a member of the Banking and Financial Institutions Committee of the Senate to be selected by the President of the Senate; two members of the House of Representatives appointed by the Speaker of the House, at least one of whom shall be from the area served by the authority; two members of the Senate, to be appointed by the President thereof, at least one of whom shall be from the area served by the authority; and three members of the House of Representatives and three members of the Senate appointed by the Governor, at least two of whom shall be from the area served by the authority. The appointed members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the Speaker of the House from the membership of

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the committee, and the vice chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee. The chairperson and vice chairperson shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairperson or vice chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations, contracts, safety, financing, organization, and structure of the authority, as well as periodically review and evaluate the success with which said authority is accomplishing its legislatively created purposes. (b) The state auditor, the Georgia Department of Transportation, and the Attorney General shall make available to the committee the services of their staffs' facilities and powers in order to assist the committee in its discharge of its duties herein set forth. The committee may employ staff and secure the services of independent accountants, engineers, and consultants. Upon authorization by joint resolution of the General Assembly, the committee shall have the power while the General Assembly is in session or during the interim between sessions to compel the attendance of witnesses and the production of documents in aid of its duties. In addition, when the General Assembly is not in session, the committee shall have the power to compel the attendance of witnesses and the production of documents in aid of its duties, upon application of the chairperson of the committee with the concurrence of the Speaker of the House and the President of the Senate. (c) The authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, and the Georgia Department of Transportation in order that the charges of the committee, set forth in this Code section, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately inform itself of the activities of the authority required by this Code section. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the authority or as to any subpoenas issued by the committee. The committee shall, on or before the first day of January of each year, and at such other times as it deems to be in the public interest, submit to the General Assembly a report of its findings and recommendations based upon the review of the operations of the authority, as set forth in this Code section. (d) In the discharge of its duties, the committee shall evaluate the performance of the authority in providing public transportation consistent with the following criteria:
(1) Public safety; (2) Prudent, legal, and accountable expenditure of public funds; (3) Responsiveness to community needs and community desires; (4) Economic vitality of the transportation system and economic benefits to the community; (5) Efficient operation; and (6) Impact on the environment.

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To assist in evaluating the performance of the authority, the committee may appoint a citizens' advisory committee or committees. Such citizens' advisory committee or committees shall act in an advisory capacity only.
(e)(1) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel; paying the expenses of advertising notices of intention to amend the MARTA Act; paying for services of independent accountants, engineers, and consultants; paying necessary expenses of the citizens' advisory committee or committees; and paying all other necessary expenses incurred by the committee in performing its duties. (2) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (3) The funds necessary for the purposes of this Code section shall come from the funds appropriated to and available to the legislative branch of government. (f) Nothing contained within this Code section shall relieve the authority of the responsibilities imposed upon it under the MARTA Act for planning, designing, purchasing, acquiring, constructing, improving, equipping, financing, maintaining, administering, and operating a system of rapid transit for the metropolitan area of Atlanta.

32-9-17. (a) On and after January 1, 2019, the board shall utilize a logo and brand upon any newly acquired capital asset worth more than $250,000.00 that is regularly visible to the public which shall include the acronym 'ATL' as a prominent feature. (b) On and after January 1, 2023, the board shall utilize a logo and brand upon any property of the authority which shall include the acronym 'ATL' as a prominent feature. (c) Such branding and logo will in no manner change the official name, business, contracts, or other obligations of the authority. (d) The powers and duties conferred under this Code section shall be in addition to any powers and duties authorized in the MARTA Act and shall in no way be interpreted to repeal any portion of such Act.

32-9-18. Any provision of the MARTA Act which limits the amount the state may contribute to the system of the rapid transit system of the authority shall stand repealed.

32-9-19. (a) Notwithstanding the provisions of the MARTA Act, any county, municipality, special tax or community improvement district, political subdivision of this state within the metropolitan area, or any combination thereof may execute a transportation services contract with the authority to provide public transportation services, facilities, or both, for, to, or

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within such county, municipality, district, subdivision, or combination thereof. A transportation services contract executed pursuant to this subsection:
(1) Shall not be a rapid transit contract subject to the conditions established therefor in Code Sections 32-9-20 and 32-9-22 or Section 24 of the MARTA Act; (2) May not utilize a method of financing those public transportation services or facilities provided under the contract which involves:
(A) The issuance of bonds under subsection (c) of Section 24 of the MARTA Act; (B) The levy of the special retail sales and use tax described and authorized in Section 25 of the MARTA Act; or (C) Both methods described in subparagraphs (A) and (B) of this paragraph; (3) Shall require that the costs of any transportation services and facilities contracted for, as determined by the board on the basis of reasonable estimates, allocations of costs and capital, and projections, shall be borne by one or more of the following: (A) Fares; (B) Other revenues generated by such services or facilities; (C) Any subsidy provided, directly or indirectly, by or on behalf of the public entity with which the authority contracted for the services and facilities; or (D) A special retail sales and use tax described and authorized in Article 5B of Chapter 8 of Title 48; and (4) Shall be for services on the regional transit plan and approved by the Atlanta-regional Transit Link 'ATL' Authority. (b) Notwithstanding the provisions of the MARTA Act, any county, municipality, special tax or community improvement district, political subdivision of this state outside the metropolitan area, or any combination thereof may execute a transportation services contract with the authority to provide public transportation services, facilities, or both, for, to, or within such county, municipality, district, subdivision, or combination thereof. Under a transportation services contract executed pursuant to this subsection: (1) The services and facilities shall be provided pursuant to a transportation services contract meeting the requirements therefor under subsection (a) of this Code section; and (2) The contract shall not authorize the construction of any extension of or addition to the authority's existing rapid rail system.

32-9-20. (a)(1) Any provisions to the contrary in the MARTA Act notwithstanding and pursuant to the authority granted under a provision of the Constitution enacted by Ga. L. 1964, p. 1008, and subject to such limitations set forth in this Code section, the authority and the board of commissioners of Gwinnett County may negotiate and determine the extent of financial participation and the time or times such financial participation may be required with respect to Gwinnett County in order to finance the provision of a rapid transit system through the joint instrumentality of the authority. Except as provided in Code Section 32-9-19 if such county is entering into a transportation services contract, such

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determination shall take the form of a rapid transit contract to be entered into between the authority and the local government. The final execution of a rapid transit contract shall be completed in every instance in the manner hereinafter set forth in this Code section. (2) As one method of providing the financial participation determined by the board of commissioners and the authority to be Gwinnett County's proper share of the cost of financing a rapid transit project or projects, Gwinnett County may, in the manner prescribed by law and subject to the conditions and limitations prescribed by law, issue its general obligation bonds, pay over the proceeds thereof to the authority, and thereby complete and make final the execution of the proposed rapid transit contract anticipated by such bond authorization and issuance and the authority shall agree in such contract to perform for such local government the aforesaid governmental function and to provide specified public transportation services and facilities. (3) As an alternative method of providing the financial participation determined by the board of commissioners and the authority to be Gwinnett County's proper share of the cost of financing a rapid transit project or projects, Gwinnett County may enter into a rapid transit contract or contracts calling for the authority to perform for it the aforesaid governmental function and calling for it to make periodic payments to the authority for the public transportation services and facilities contracted for, which payments may include amounts required to defray the periodic principal and interest payments on any obligations issued by the authority for the purpose of financing the cost of any rapid transit project or projects, amounts necessary to establish and maintain reasonable reserves to insure the payment of said debt service and to provide for renewals, extensions, repairs and improvements and additions to any project or projects, and amounts required to defray any operational deficit which the system or any part thereof may incur from time to time. (b) The board of commissioners of Gwinnett County, subject to the conditions provided in this Code section, shall be authorized to enter into a rapid transit contract for and on behalf of the county with the authority for the provision of the aforesaid services and extension of the existing system to and from and within said county subject to approval by a majority of the qualified voters within said county voting in a referendum as provided for in subsection (c) of this Code section. As a condition precedent to the board of commissioners of Gwinnett County holding such referendum, if a rapid transit contract is entered into after January 1, 2019, the rapid transit service to be provided through the execution of a rapid transit contract shall be from the regional transit plan and approved by the Atlanta-regional Transit Link 'ATL' Authority. (c) The procedure for holding the referendum called for in subsection (b) of this Code section shall be as follows: There shall be published in a newspaper having general circulation throughout the territory of Gwinnett County, once each week for four weeks immediately preceding the week during which the referendum is to be held, a notice to the electors thereof that on the day named therein an election will be held to determine the question of whether or not the local government shall enter into the proposed rapid transit contract and said notices shall contain the full text of said proposed contract, which contract

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shall set forth the obligations of the parties thereto. It is expressly provided, however, that none of the documents or exhibits which are incorporated in such contract by reference or are attached to such contract and made a part thereof shall be published. Such special election shall be held at all the election districts within the territorial limits of Gwinnett County. The question to be presented to the electorate in any such referendum shall be and shall be stated on the ballots or ballot label as follows:
'Gwinnett County has executed a contract for the provision of transit services, dated as of (insert date). Shall this contract be approved? YES __________ NO __________' The question shall be published as a part of the aforesaid notice of election. Such election shall be governed by and held and conducted in accordance with the provisions of law from time to time governing the holding of special elections as provided in Chapter 2 of Title 21, the 'Georgia Election Code.' After the returns of such an election have been received, and the same have been canvassed and computed, the result shall be certified to the board of commissioners of Gwinnett County, in addition to any other person designated by law to receive the same, and such board of commissioners shall officially declare the result thereof. (d) If a majority of those voting in such an election vote in favor of the proposition submitted, then the rapid transit contract as approved shall become valid and binding in accordance with its terms. (e) The board of commissioners of Gwinnett County may elect any method provided in subsection (a) of this Code section to finance the participation required of it in whole or in part, and the election of one method shall not preclude the election of another method with respect thereto or with respect to any additional or supplementary participation determined to be necessary. (f) When the authority and the board of commissioners of Gwinnett County have completed and fully executed a rapid transit contract in compliance with the requirements of this Code section, and the voters shall have approved such contract as herein provided, such contract shall constitute an obligation on the part of the local government for the payment of which its good faith and credit are pledged, but in no other way can the good faith and credit of any local government be pledged with respect to a rapid transit contract. (g) The board of commissioners of Gwinnett County may use public funds to provide for a rapid transit system within the metropolitan area and may levy and collect any taxes authorized to it by law to the extent necessary to fulfill the obligations incurred in a rapid transit contract or contracts with the authority. (h) Gwinnett County may transfer to the authority any property or facilities, or render any services, with or without consideration, which may be useful to the establishment, operation, or administration of the rapid transit system contemplated hereunder, and may contract with the authority for any other purpose incidental to the establishment, operation, or administration of such system, or any part or project thereof or the usual facilities related thereto.

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32-9-21. (a) There is created a Cobb County Special District for Transit Committee to be composed of the members of the board of commissioners of Cobb County and the members of the House of Representatives and Senate whose respective districts include any portion of Cobb County. (b) The first meeting of the committee shall be called by the chairperson of the board of commissioners. A chairperson of the committee shall be selected by majority vote of the members at the first meeting. The committee shall formulate a map for a proposed special district within Cobb County for the provision of public transportation services and for the construction, maintenance, and operation of transportation projects to and from and within said district by the authority. Such proposed special district shall be known as the Cobb County Special District for Transit. The committee shall be authorized to solicit input from the residents of Cobb County and hold public meetings for use in the development of the map of such proposed district. (c) The committee shall appoint two subcommittees to approve the proposed map, prior to submission of the map to the full committee for final approval. One subcommittee shall be composed of the members of the board of commissioners and the other subcommittee shall be composed of the legislative members. Each subcommittee shall elect a chairperson by majority vote and may adopt rules as deemed necessary. No map shall be brought before the whole committee for consideration until such map has been approved by majority vote of both subcommittees. (d) Upon final approval of the map by a majority vote of the whole committee, the committee shall negotiate terms of a proposed rapid transit contract between the authority and Cobb County on behalf of the special district in consultation with the Atlanta-region Transit Link 'ATL' Authority, if such contract is to be entered into after January 1, 2019. Such proposed rapid transit contract shall include the extent of financial participation and the time or times such financial participation may be required with respect to Cobb County in order to finance the provision of a rapid transit system through the joint instrumentality of the authority. The committee may recommend one or both of the following methods for providing such financial participation:
(1) In the manner prescribed by law and subject to the conditions and limitations prescribed by law, Cobb County may issue its general obligation bonds, pay over the proceeds thereof to the authority, and thereby complete and make final the execution of the proposed rapid transit contract anticipated by such bond authorization and issuance and the authority shall agree in such contract to perform specified public transportation services for the Cobb County Special District for Transit and to provide specified construction, maintenance, and operation of transportation projects; or (2) Cobb County may enter into a rapid transit contract or contracts calling for the authority to perform specified public transportation services for the Cobb County Special District for Transit and to provide specified construction, maintenance, and operation of transportation projects. In such contract or contracts, Cobb County, acting on behalf of

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the special district, shall make periodic payments to the authority for the public transportation services and facilities contracted for, which payments may include amounts required to defray the periodic principal and interest payments on any obligations issued by the authority for the purpose of financing the cost of any rapid transit project or projects, amounts necessary to establish and maintain reasonable reserves to insure the payment of said debt service and to provide for renewals, extensions, repairs, and improvements and additions to any project or projects, and amounts required to defray any operational deficit which the system or any part thereof may incur from time to time. The committee may elect any method provided in this subsection as a recommendation to finance the participation required of Cobb County, in whole or in part, and the election of one method shall not preclude the election of another method with respect thereto or with respect to any additional or supplementary participation determined to be necessary. (e) The committee shall provide to the board of commissioners of Cobb County the recommended map for the special district, which was approved by majority vote of the committee, and a proposed rapid transit contract, no later than December 1, 2019. (f) Any final execution of a rapid transit contract for the Cobb County Special District for Transit shall be completed by the Cobb County board of commissioners and the authority pursuant to the requirements set forth in Code Section 32-9-22. (g) The committee shall stand abolished and this Code section shall stand repealed by operation of law on December 1, 2019.

32-9-22. (a) Any provisions to the contrary in the MARTA Act notwithstanding and pursuant to the authority granted under a provision of the Constitution enacted by Ga. L. 1964, p. 1008, and subject to such limitations set forth in this Code section, the authority and the board of commissioners of Cobb County may, after taking into consideration the recommendations of the Cobb County Special District for Transit Committee, adopt the map recommended by such committee by passage of a resolution or ordinance and, upon such passage, enter into a rapid transit contract. The contract entered into shall be based solely upon the recommendation of the committee. The final execution of a rapid transit contract shall be completed in every instance in the manner hereinafter set forth in this Code section. (b) The board of commissioners of Cobb County, subject to the conditions provided in this Code section, shall be authorized to enter into a rapid transit contract for and on behalf of the Cobb County Special District for Transit with the authority for the provision of the aforesaid services and extension of the existing system to and from and within said district subject to approval by a majority of the qualified voters within said district voting in a referendum as provided for in subsection (c) of this Code section. As a condition precedent to the board of commissioners of Cobb County holding such referendum, the rapid transit service to be provided through the execution of a rapid transit contract shall be based upon the map and rapid transit contract terms approved by majority vote of the Cobb County Special District for Transit Committee, be from the regional transit plan, and be approved

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by the Atlanta-regional Transit Link 'ATL' Authority if the contract is to be entered into after January 1, 2019. (c) The procedure for holding the referendum called for in subsection (b) of this Code section shall be as follows: There shall be published in a newspaper having general circulation throughout the territory of the Cobb County Special District for Transit, once each week for four weeks immediately preceding the week during which the referendum is to be held, a notice to the electors thereof that on the day named therein an election will be held to determine the question of whether or not the local government shall enter into the proposed rapid transit contract and said notices shall contain the full text of said proposed contract, which contract shall set forth the obligations of the parties thereto. It is expressly provided, however, that none of the documents or exhibits which are incorporated in such contract by reference or are attached to such contract and made a part thereof shall be published. Such special election shall be held at all the election districts within the territorial limits of the Cobb County Special District for Transit. The question to be presented to the electorate in any such referendum shall be stated on the ballots or ballot label as follows:
'Cobb County has executed a contract for the provision of transit services for the Cobb County Special District for Transit, dated as of (insert date). Shall this contract be approved? YES __________ NO __________' The question shall be published as a part of the aforesaid notice of election. Such election shall be governed by and held and conducted in accordance with the provisions of law from time to time governing the holding of special elections as provided in Chapter 2 of Title 21, the 'Georgia Election Code.' After the returns of such an election have been received, and the same have been canvassed and computed, the result shall be certified to the board of commissioners of Cobb County, in addition to any other person designated by law to receive the same, and such board of commissioners shall officially declare the result thereof. (d) If a majority of those voting in such an election vote in favor of the proposition submitted, then the rapid transit contract as approved shall become valid and binding in accordance with its terms. (e) When the authority and the board of commissioners of Cobb County have completed and fully executed a rapid transit contract in compliance with the requirements of this Code section on behalf of the Cobb County Special District for Transit, and the voters within such special district shall have approved such contract as herein provided, such contract shall constitute participation of the county in the authority and obligation on the part of the local government for the payment of which its good faith and credit are pledged, but in no other way can the good faith and credit of any local government be pledged with respect to a rapid transit contract. (f) The board of commissioners of Cobb County may use public funds to provide for a rapid transit system within the metropolitan area and may levy and collect any taxes

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authorized to it by law to the extent necessary to fulfill the obligations incurred in a rapid transit contract or contracts with the authority. (g) Cobb County may transfer to the authority any property or facilities, or render any services, with or without consideration, which may be useful to the establishment, operation, or administration of the rapid transit system contemplated hereunder, and may contract with the authority for any other purpose incidental to the establishment, operation, or administration of such system, or any part or project thereof or the usual facilities related thereto. (h) In the event a rapid transit contract has not been entered into on behalf of the Cobb County Special District for Transit or the referendum required by this Code section fails to receive the requisite majority vote for approval prior to December 1, 2019, this Code section shall stand repealed by operation of law on such date.

32-9-23. (a) In the event Gwinnett County and the authority enter into a rapid transit contract which is approved by a majority of voters, a retail sales and use tax shall be authorized to be levied pursuant to the conditions and limitations set forth in Section 25 of the MARTA Act, except as provided to the contrary in subsection (c) of this Code section. Such additional tax shall not count toward any local sales tax limitation provided for by Code Section 48-8-6.
(b)(1) In the event Cobb County, acting for and on behalf of the Cobb County Special District for Transit, and the authority enter into a rapid transit contract which is approved by a majority of voters within such district, a retail sales and use tax shall be authorized to be levied pursuant to the conditions and limitations set forth in Section 25 of the MARTA Act. Such tax shall be levied only within the geographical area contained within such district. Such tax shall not count toward any local sales tax limitation provided for by Code Section 48-8-6. (2) In the event a rapid transit contract has not been entered into on behalf of the Cobb County Special District for Transit or the referendum required by Code Section 32-9-22 fails to receive the requisite majority vote for approval prior to December 1, 2019, this subsection shall stand repealed and reserved by operation of law on such date. (c)(1) The retail sales and use tax authorized to be levied pursuant to this Code section shall be at a rate of up to 1 percent. Any tax imposed under this Code section shall be in increments of 0.05 percent. (2) The proceeds of the tax authorized to be levied pursuant to this Code section shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with the authority and as contemplated by this article. (3) The effective date of the tax authorized to be levied pursuant to this Code section shall be the first day of the first calendar month following approval of the tax in the referendum required by Code Sections 32-9-20 and 32-9-22 unless a later effective date shall have been specified in the resolution or ordinance providing for the levy of the tax; provided that, with respect to services which are regularly billed on a monthly basis, the tax shall

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become effective with the first regular billing period coinciding with or following the effective date of the tax. (4) The tax authorized to be levied pursuant to this Code section shall not be subject to any restrictions as to rate provided for by the MARTA Act and shall not be subject to the provisions of subsection (k) of Section 25 of the MARTA Act. (5) A tax levied pursuant to this Code section shall be added to the state sales and use tax imposed by Article 1 of Chapter 8 of Title 48 and the state revenue commissioner is authorized and directed to establish a bracket system by appropriate rules and regulations to collect the tax imposed under this Code section.

32-9-24. Notwithstanding subsections (a) and (b) of Section 6 of the MARTA Act to the contrary, upon approval of a rapid transit contract pursuant to Code Section 32-9-20, the board of commissioners of Gwinnett County may appoint three residents of the county to the board. The board of commissioners shall designate one such resident to serve an initial term ending on December 31 in the second full year after the year in which the referendum approving said rapid transit contract was held and one such resident to serve an initial term ending on December 31 in the fourth full year after the year in which the referendum approving said rapid transit contract was held, in which event the board shall, subsections (a) and (b) of Section 6 of the MARTA Act to the contrary notwithstanding, be composed of such additional members. Upon the conclusion of the initial terms provided for in this Code section, the board of commissioners of Gwinnett County shall appoint a successor thereto for a term of office of four years."

PART IV CHANGES TO CONFLICTING LAW
SECTION 4-1.

Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by revising Code Section 32-9-11, relating to transit services with local governments, as follows:
"32-9-11. (a) As used in this Code section, the term:
(1) 'Local government' means any county, municipality, or political subdivision of this state, or any combination thereof. (2) 'Nonattainment area' means those counties currently having or previously deemed to have excess levels of ozone, carbon monoxide, or particulate matter in violation of the standards in the federal Clean Air Act, as amended in 1990 and codified at 42 U.S.C.A. Sections 7401 to 7671q and which fall under the jurisdiction exercised by the Atlanta-region Transit Link 'ATL' Authority or any predecessor authority as described in Article 2 of Chapter 39 of Title 50.

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(3) 'Transit agency' means any public agency, public corporation, or public authority existing under the laws of this state that is authorized by any general, special, or local law to provide any type of transit services within any area of this state but shall not include the Department of Transportation, the Atlanta-region Transit Link 'ATL' Authority, or the Georgia Rail Passenger Authority. (4) 'Transit facilities' means everything necessary and appropriate for the conveyance and convenience of passengers who utilize transit services. (5) 'Transit services' means all modes of transportation serving the general public which are appropriate to transport people and their personal effects by highway or other ground conveyance but does not include rail conveyance. (b)(1) Any transit agency may, by contract with any local government for any period not exceeding 50 years, provide transit services or transit facilities for, to, or within that local government or between that local government and any area in which such transit agency provides transit services or transit facilities, except that if such services or facilities are to be funded wholly or partially by fees, assessments, or taxes levied and collected within a special district created pursuant to Article IX, Section II, Paragraph VI of the Constitution, such contract may only become effective if a majority of the qualified voters residing within the special district to be taxed authorize such contract or tax by referendum in a special election which shall be called and conducted for that purpose by the election superintendent of such local government.
(2)(A) Any services provided in a county outside a nonattainment area by a transit agency pursuant to a contract authorized by this subsection shall be conditioned upon such services being included in a plan for transit services adopted or approved by the governing authority of the county and by the governing authorities of any municipalities within which transit services are to be provided as provided in the plan. (B) Any services provided by a transit agency in a county within a nonattainment area pursuant to a contract authorized by this subsection and entered into on or after January 1, 2019, shall be for services:
(i) Approved by a local governing authority; (ii) Included in the regional transit plan adopted pursuant to Code Section 50-39-12; and (iii) Through agreement with the Atlanta-region Transit Link 'ATL' Authority. (c) The purpose of this Code section is to facilitate the exercise of the power to provide public transportation services conferred by Article IX, Section II, Paragraph III of the Constitution. This Code section does not repeal any other law conferring the power to provide public transportation services or prescribing the manner in which such power is to be exercised. This Code section does not restrict the power of the Department of Transportation, the Atlanta-region Transit Link 'ATL' Authority, or the Georgia Rail Passenger Authority to contract with any local government to provide transit services or transit facilities, including but not limited to rail transit services and facilities, pursuant to Article IX, Section III, Paragraph I of the Constitution."

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SECTION 4-2. Said title is further amended in Code Section 32-10-60, relating to definitions relative to the State Road and Tollway Authority, by revising paragraph (6.1) as follows:
"(6.1) 'Revenue' or 'revenues' shall mean any and all moneys received from: (A) The collection of tolls authorized by Code Sections 32-10-64 and 32-10-65, any federal highway funds and reimbursements, any other federal highway 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; and (B) Any federal highway transit funds and reimbursements and any other federal highway transit assistance received from time to time by the authority. This subparagraph shall stand repealed by operation of law on July 1, 2021."

SECTION 4-3. Said title is further amended in Code Section 32-10-63, relating to powers of the State Road and Tollway Authority, by revising paragraph (7) as follows:
"(7)(A) To accept and administer any federal highway funds and any other federal highway assistance received from time to time for the State of Georgia and to accept, with the approval of the Governor, loans and grants, either or both, of money or materials or property of any kind from the United States government or the State of Georgia or any political subdivision, authority, agency, or instrumentality of either of them, upon such terms and conditions as the United States government or the State of Georgia or such political subdivision, authority, agency, or instrumentality of either of them shall impose; (B) To accept and administer any federal transit funds and any other federal transit assistance received from time to time for the State of Georgia. This subparagraph shall stand repealed by operation of law on July 1, 2021;"

SECTION 4-4. Said title is further amended by redesignating existing Code Section 32-10-76, relating to grant programs, pilot program formation, factors to be considered in selecting pilot projects, and eligible projects, as new Code Section 50-39-53.

SECTION 4-5. Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to local government provisions applicable to counties, is amended in Code Section 36-1-27, relating to referendum approval required prior to expenditure of public funds for establishment of fixed guideway transit, by revising paragraph (4) of subsection (a) and subsections (b) and (e) as follows:
"(4) 'Mass transportation regional system participant' means any county within a special district created pursuant to Article 5 of Chapter 8 of Title 48 in which mass transportation

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is provided within such special district, to such special district, or from such special district by a multicounty regional transportation authority created by an Act of the General Assembly, including but not limited to the Atlanta-region Transit Link 'ATL' Authority or the Metropolitan Atlanta Rapid Transit Authority." "(b) Prior to an expenditure of any public funds for the establishment, maintenance, and operation of a fixed guideway transit in any county that is a mass transportation regional system participant, the governing authority of such county shall obtain approval from: (1) The Atlanta-region Transit Link 'ATL' Authority that such project is on the regional transit plan adopted by such authority pursuant to Code Section 50-39-12; and (2) A majority of qualified voters of the county in a separate referendum question as provided for in this Code section." "(e) This Code section shall not apply to the extension of a fixed guideway transit or levy of applicable sales and use taxes authorized pursuant to an Act known as the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965,' approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, or Part 2 of Chapter 9 of Title 32 for which any referendum required under such Act or part shall control, or to any project within a county or between counties which have approved such sales and use tax, provided that such project is wholly within the territorial boundaries of such county or counties."

SECTION 4-6. Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor, is amended by adding a new Code section to Article 2, relating to powers and duties, to read as follows:
"45-12-41. The Governor may delegate to any department, authority, or qualified entity, by executive order, his or her powers under applicable federal transportation planning and air quality laws and regulations, including without limitation the power to approve state-wide transportation improvement programs under 23 U.S.C. Section 134 and 23 C.F.R. Sections 450.312(b), 450.324(b), and 450.328(a)."
SECTION 4-7. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-23-4, relating to definitions relative to the Environmental Finance Authority, by revising paragraph (12) as follows:
"(12) 'Project' means: (A) The acquisition, construction, installation, modification, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature

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whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of providing environmental facilities and services so as to meet public health and environmental standards, protect the state's valuable natural resources, or aid the development of trade, commerce, industry, agriculture, and employment opportunities, including, but not limited to, any project as defined by Code Section 12-5-471; (B) Projects authorized by the Georgia Regional Transportation Authority created by Chapter 32 of this title and as defined in such chapter, where such authority has been directed to issue revenue bonds, bonds, notes, or other obligations to finance such project or the cost of a project in whole or in part, provided that such authority's power with respect to such projects authorized by the Georgia Regional Transportation Authority shall be limited to providing such financing and related matters as authorized by the Georgia Regional Transportation Authority; and (C) Projects authorized by the Atlanta-region Transit Link 'ATL' Authority created pursuant to Chapter 39 of this title and as defined in such chapter, where such authority has been directed to issue revenue bonds, bonds, notes, or other obligations to finance such project or the cost of a project in whole or in part, provided that such authority's power with respect to such projects authorized by the Atlanta-region Transit Link 'ATL' Authority shall be limited to providing such financing and related matters as authorized by the Atlanta-region Transit Link 'ATL' Authority."

SECTION 4-8. Said title is further amended in Code Section 50-32-2, relating to definitions relative to the Georgia Regional Transportation Authority, by adding new paragraphs to read as follows:
"(6.1) 'Land public transportation' means surfaces upon which travel by vehicle or persons is intended, which is either is open to the public or has been acquired as right of way, including but not limited to public rights, structures, sidewalks, facilities, and appurtenances incidental to the construction, maintenance, and enjoyment of such rights of way. Such term shall not include transit." "(18.1) 'Transit' means regular, continuing shared-ride or shared-use surface transportation services that are made available by a public entity and are open to the general public or open to a segment of the general public defined by age, disability, or low income. Such term includes services or systems operated by or under contract with the state, a public agency or authority, a county or municipality, a community improvement district, or any other similar public entity of this state and all accompanying infrastructure and services necessary to provide access to these modes of transportation. Such term excludes charter or sightseeing services, school bus services, courtesy shuttle and intra-facility or terminal services, limousine carriers, ride share network services, transportation referral services, and taxi services not paid for by a public entity."

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SECTION 4-9. Said title is further amended by repealing Code Section 50-32-5, relating to development of the Atlanta region's Concept 3 transit proposal, use of federal and state planning funds, and assessment of economic benefit and environmental impact, in its entirety.

SECTION 4-10. Said title is further amended in Code Section 50-32-11, relating to general powers of the authority, by revising paragraphs (3), (32), (33), and (37) of subsection (a) as follows:
"(3) To plan, design, acquire, construct, add to, extend, improve, equip, operate, and maintain or cause to be operated and maintained land public transportation systems and other land transportation projects, and all facilities and appurtenances necessary or beneficial thereto, within the geographic area over which the authority has jurisdiction or which are included within an approved transportation plan or transportation improvement program and provide land public transportation services within the geographic jurisdiction of the authority, and to contract with any state, regional, or local government, authority, or department, or with any private person, firm, or corporation, for those purposes, and to enter into contracts and agreements with the Georgia Department of Transportation and county and local governments for those purposes;" "(32) Reserved; (33) Reserved;" "(37) To accept and use federal funds; to enter into any contracts or agreements with the United States or its agencies or subdivisions relating to the planning, financing, construction, improvement, operation, and maintenance of any public road or other mode or system of land public transportation; and to do all things necessary, proper, or expedient to achieve compliance with the provisions and requirements of all applicable federal-aid acts and programs. Nothing in this chapter is intended to conflict with any federal law; and, in case of such conflict, such portion as may be in conflict with such federal law is declared of no effect to the extent of the conflict;"

SECTION 4-11. Said title is further amended by adding a new Code section to read as follows:
"50-32-55. It is the intent of the General Assembly to provide for uninterrupted transit services to the people of this state. The authority shall retain power to provide any such transit services provided as of July 1, 2018, until the Atlanta-region Transit Link 'ATL' Authority is able to provide such services or July 1, 2020, whichever date occurs first."

SECTION 4-12. Said title is further amended by repealing Code Section 50-32-71, relating to exemption of buses, motor vehicles, and rapid rail systems of the authority from motor carrier regulations, in its entirety.

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SECTION 4-13. The Official Code of Georgia Annotated is amended by replacing "Georgia Regional Transportation Authority" with "Atlanta-region Transit Link 'ATL' Authority" wherever the former occurs in: (1) Code Section 32-6-51, relating to erection, placement, or maintenance of unlawful or unauthorized structure on public roads, removal of such structures, penalties for such action, and authorization of placement, erection, and maintenance of commercial advertisements by a transit agency; (2) Code Section 32-10-76, relating to grant programs, pilot program formation and factors to be considered in and eligibility of pilot projects administered by the State Road and Tollway Authority; (3) Code Section 48-8-243, relating to criteria for the development of investment list projects and programs, reports for special district transportation sales and use tax, and special district gridlock; (4) Code Section 48-8-249, relating to use of proceeds from a special district transportation sales and use tax; (5) Code Section 48-8-250, relating to report on projects on the investment list related to a special district transportation sales and use tax; and (6) Code Section 48-8-251, relating to a Citizens Review Panel for oversight of projects and investments within a special district implementing a special district transportation sales and use tax.

PART V EFFECTIVE DATE AND REPEALER
SECTION 5-1.

(a) Except as provided to the contrary 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) Part I of this Act shall become effective on January 1, 2019, and Section 4-4 of Part IV of this Act shall become effective on July 1, 2021. (c) Tax, penalty, and interest liabilities for prior taxable years shall not be affected by the passage of Part I of this Act and shall continue to be governed by the provisions of Title 48 of the Official Code of Georgia Annotated as it existed immediately prior to the effective date of Part I of this Act.

SECTION 5-2. All laws and parts of laws in conflict with this Act are repealed.

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Plan: transit-dist-2018 Plan Type: Regional Administrator: H009 User: Gina

District 001 Cherokee County Forsyth County VTD: 11702 - 02 Brandywine 130601: 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 130602: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1019 1020 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 130603: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 3023 3024 VTD: 11703 - 03 Chattahooche 130403: 3009 3010 3011 3012 3013 VTD: 11705 - 05 Coal Mountai VTD: 11707 - 07 Cumming 130403: 3015 3016 130409: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1027 1028 1029 1030 1033 1034 2008 2009 2010 2011 2012 2015 2021 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2037 2038 2039 2040 2041 130410: 2000 2001 2002 2003 2005 2006 2007 2009 2010 2011 2012 2013 2014 VTD: 11709 - 09 Matt VTD: 11710 - 10 MIDWAY VTD: 11711 - 11 SAWNEE

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VTD: 11714 - 14 LAKELAND 130406: 3000 3001 3002 3003 3007 3019 3020 130410: 2018 2019 2023 2024 2025 2026 2027 130509: 1026 VTD: 11715 - 15 Heardsville VTD: 11716 - 16 OTWELL VTD: 11720 - 20 PINEY GROVE VTD: 11722 - 22 VICKERY VTD: 11723 - 23 BENTLEY VTD: 11727 - 27 CONCORD VTD: 11728 - 28 MOUNTAINSIDE 130205: 1004 1005 1006 3002 3003 3004 3005 130403: 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 3000 3001 3002 3003 3004 3005 3014 130409: 2000 2001 2002 2003 2004 2005 2006 2007 2013 2014 2016 2017 2018 2019 2020 2022 2036 VTD: 11729 - 29 POLO VTD: 11732 - 32 WEST Fulton County VTD: 121AP01A - AP01A 011616: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 VTD: 121AP02 - AP02 VTD: 121AP03 - AP03 VTD: 121AP04 - AP04 VTD: 121AP06 - AP06 VTD: 121AP07A - AP07A VTD: 121AP07B - AP07B VTD: 121AP10 - AP10 VTD: 121AP12 - AP12 011614: 3005 3006 3007 3008 3016 3017 3018 3019

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011616: 1000 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3024 3025 3026 3027 3028 3029 3030 3031 VTD: 121ML01A - ML01A VTD: 121ML01B - ML01B VTD: 121ML02A - ML02A VTD: 121ML02B - ML02B VTD: 121ML03 - ML03 VTD: 121ML04 - ML04 VTD: 121ML05 - ML05 VTD: 121ML06 - ML06 VTD: 121ML07 - ML07 VTD: 121MP01 - MP01 VTD: 121RW01 - RW01 VTD: 121RW02 - RW02 VTD: 121RW03A - RW03A VTD: 121RW03B - RW03B VTD: 121RW05 - RW05 VTD: 121RW07A - RW07A VTD: 121RW07B - RW07B VTD: 121RW08 - RW08 VTD: 121RW09 - RW09 VTD: 121RW10 - RW10 VTD: 121RW11A - RW11A VTD: 121RW12A - RW12A VTD: 121RW12B - RW12B VTD: 121RW12C - RW12C VTD: 121RW15 - RW15 VTD: 121RW16 - RW16 VTD: 121RW18 - RW18 VTD: 121RW19 - RW19 VTD: 121SS04 - SS04 VTD: 121SS15A - SS15A VTD: 121SS15B - SS15B VTD: 121SS19 - SS19 VTD: 121SS20 - SS20 VTD: 121SS22 - SS22 VTD: 121SS26 - SS26 VTD: 121SS29 - SS29

448

GENERAL ACTS AND RESOLUTIONS, VOL. I

District 002 Forsyth County VTD: 11701 - 01 Big Creek VTD: 11702 - 02 Brandywine 130602: 1015 1016 1017 1018 1021 1022 1023 1024 1025 130603: 1016 1017 1018 1019 1020 1021 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3025 3026 3027 3028 VTD: 11703 - 03 Chattahooche 130504: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 130506: 2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 VTD: 11704 - 04 Chestatee VTD: 11706 - 06 Crossroads VTD: 11707 - 07 Cumming 130409: 1015 130506: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 130507: 1002 130509: 1000 1001 1002 1003 1004 1005 1006 1013 1014 1015 1016 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 VTD: 11708 - 08 Mashburn VTD: 11712 - 12 PLEASANT GROVE VTD: 11714 - 14 LAKELAND

GEORGIA LAWS 2018 SESSION

449

130507: 1005 1007 1008 130508: 2000 2001 2003 130509: 1007 1008 1009 1010 1011 1012 1017 1018 1019 1020 1021 1022 1023 1024 1025 1027 130510: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3014 3016 3017 3018 3019 3020 3021 3022 3023 3026 3027 3028 VTD: 11717 - 17 JOHNS CREEK VTD: 11718 - 18 DAVES CREEK VTD: 11719 - 19 OLD ATLANTA VTD: 11721 - 21 SOUTH FORSYTH VTD: 11724 - 24 SHARON FORKS VTD: 11725 - 25 WINDERMERE VTD: 11726 - 26 LANIER VTD: 11728 - 28 MOUNTAINSIDE 130506: 2004 VTD: 11730 - 30 RIVERCLUB VTD: 11731 - 31 SAINT MARLO VTD: 11733 - 33 KEITH BRIDGE Fulton County VTD: 121AP01A - AP01A 011412: 3000 3001 3002 3005 3006 3008 011427: 2008 2016 2017 2018 3000 3001 3002 3003 3008 3010 3011 3014 011611: 1016 1017 1018 1019 1020 1024 1025 1026 1027 1028 1029 1030 1035 1036 1037 1039 011617: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 011618: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1028 1029 1030

450

GENERAL ACTS AND RESOLUTIONS, VOL. I

011619: 3014 3034 3036 3037 3038 3041 3042 3043 3044 3046 3048 3049 3050 3051 3052 3053 3055 3056 VTD: 121AP01B - AP01B VTD: 121AP01C - AP01C VTD: 121AP05 - AP05 VTD: 121AP09A - AP09A VTD: 121AP09B - AP09B VTD: 121AP12 - AP12 011619: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 011621: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 VTD: 121AP13 - AP13 VTD: 121AP14A - AP14A VTD: 121AP14B - AP14B VTD: 121AP14C - AP14C VTD: 121JC01 - JC01 VTD: 121JC02 - JC02 VTD: 121JC03 - JC03 VTD: 121JC04A - JC04A VTD: 121JC04B - JC04B VTD: 121JC05 - JC05 VTD: 121JC06 - JC06 VTD: 121JC07 - JC07 VTD: 121JC08 - JC08 VTD: 121JC09 - JC09 VTD: 121JC10 - JC10 VTD: 121JC11 - JC11 VTD: 121JC12A - JC12A VTD: 121JC12B - JC12B VTD: 121JC13A - JC13A VTD: 121JC13B - JC13B VTD: 121JC14 - JC14 VTD: 121JC15 - JC15 VTD: 121JC16 - JC16 VTD: 121JC17 - JC17

GEORGIA LAWS 2018 SESSION

451

VTD: 121JC18 - JC18 VTD: 121JC19 - JC19 VTD: 121RW04 - RW04 VTD: 121RW06 - RW06 VTD: 121RW13 - RW13 VTD: 121RW17 - RW17 VTD: 121RW20 - RW20 VTD: 121RW21A - RW21A VTD: 121RW21B - RW21B VTD: 121RW22A - RW22A VTD: 121SS01 - SS01 VTD: 121SS17 - SS17 VTD: 121SS25 - SS25 Gwinnett County VTD: 135004 - SUWANEE A VTD: 135007 - DULUTH A VTD: 135009 - PUCKETTS A VTD: 135020 - PINCKNEYVILLE A VTD: 135022 - PINCKNEYVILLE C VTD: 135024 - SUGAR HILL A VTD: 135025 - SUGAR HILL B VTD: 135038 - PINCKNEYVILLE F 050306: 1020 1032 1034 1039 1040 1041 1054 1055 1056 1057 050311: 2028 2029 2030 2032 2033 2040 2044 VTD: 135039 - PINCKNEYVILLE G VTD: 135040 - PINCKNEYVILLE H VTD: 135048 - DULUTH B VTD: 135050 - PINCKNEYVILLE I VTD: 135054 - SUGAR HILL C VTD: 135055 - SUGAR HILL D VTD: 135056 - DULUTH C VTD: 135057 - DULUTH D VTD: 135059 - PINCKNEYVILLE N 050306: 1000 1001 1002 1005 1008 1009 1010 1012 1013 1014 1016 1017 1018 1019 050311: 2027

452

GENERAL ACTS AND RESOLUTIONS, VOL. I

050317: 2000 2001 2002 2003 2004 2005 2014 2016 2017 2018 VTD: 135062 - PINCKNEYVILLE L VTD: 135063 - PINCKNEYVILLE M VTD: 135073 - PINCKNEYVILLE P 050310: 1000 1001 1002 1003 1004 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 VTD: 135082 - DULUTH E VTD: 135087 - PINCKNEYVILLE S VTD: 135089 - SUGAR HILL E VTD: 135095 - DULUTH F 050209: 2009 2011 2012 050215: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1025 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1044 1045 1046 1047 1048 050216: 3012 3013 3014 3015 3023 3024 3025 3026 3027 3028 3029 050217: 1005 1006 1007 1008 1009 1011 1012 1037 1038 1039 1040 1041 1042 1043 1044 1045 VTD: 135096 - DULUTH G VTD: 135099 - PINCKNEYVILLE T VTD: 135100 - SUWANEE B VTD: 135102 - PUCKETTS B VTD: 135105 - SUGAR HILL F VTD: 135106 - SUWANEE C VTD: 135111 - DULUTH H VTD: 135114 - PINCKNEYVILLE W VTD: 135121 - PINCKNEYVILLE X VTD: 135125 - PINCKNEYVILLE Z VTD: 135126 - PINCKNEYVILLE A VTD: 135130 - SUWANEE D VTD: 135131 - SUWANEE E VTD: 135135 - PUCKETTS C VTD: 135138 - DULUTH I VTD: 135140 - DULUTH J VTD: 135141 - SUGAR HILL G

GEORGIA LAWS 2018 SESSION

453

VTD: 135142 - SUWANEE F VTD: 135150 - DULUTH K VTD: 135154 - PUCKETTS D 050605: 2000 2006 2007 050606: 2007 2008 2009 2010 2011 2013 2017 2018 2019 2020 2021 2022 2023 3066 VTD: 135155 - SUWANEE G VTD: 135159 - DUNCANS D VTD: 135160 - PUCKETTS E VTD: 135162 - SUWANEE H

District 003 Cobb County VTD: 067AD01 - ADDISON 01 VTD: 067BF01 - BELLS FERRY 01 VTD: 067BF02 - BELLS FERRY 02 VTD: 067BF03 - BELLS FERRY 03 VTD: 067BG01 - BIG SHANTY 01 030228: 1007 1008 2026 2027 2040 030229: 1050 1051 030230: 2000 030601: 1034 1035 3001 3002 3004 3010 3012 3089 VTD: 067BG02 - BIG SHANTY 02 VTD: 067BK01 - BAKER 01 030107: 1010 030226: 1000 VTD: 067BW01 - BLACKWELL 01 VTD: 067BY01 - BRUMBY 01 VTD: 067CA01 - CHATTAHOOCHEE 01 VTD: 067CK01 - CHALKER 01 VTD: 067CK02 - CHALKER 02 VTD: 067CR01 - CHESTNUT RIDGE

454

GENERAL ACTS AND RESOLUTIONS, VOL. I

VTD: 067DC01 - DICKERSON 01 VTD: 067DI01 - DOBBINS 01 030339: 1003 030344: 2004 2005 2008 2012 2013 2014 2017 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 030345: 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1018 1022 1023 1024 1025 1035 1037 1042 1046 1047 1048 1049 1050 1051 1053 1054 1055 1056 1057 1058 1059 1061 1066 030412: 2007 2009 2011 2012 3001 3002 3004 3007 3008 3009 3011 3012 3013 3015 3016 3017 3018 3019 030413: 1017 1018 030414: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1027 1029 1030 2005 2009 2017 2018 2020 2021 2022 2027 2029 2030 2031 2032 2058 2059 2060 2061 2062 2063 VTD: 067DO01 - DODGEN 01 VTD: 067DV01 - DAVIS 01 VTD: 067EA01 - EASTSIDE 01 VTD: 067EC01 - EAST COBB 01 VTD: 067EL01 - ELIZABETH 01 030502: 2011 2019 2021 2023 2036 2037 2038 030506: 1027 1048 1049 1050 1055 1056 1058 1062 1064 1067 1068 1072 1073 1076 1077 1085 1087 1088 1090 1091 1093 1094 1095 1096 1098 1102 1103 1107 1123 1125 1126 1127 1128 1129 1131 1132 1140 1141 1142 1143 1144 1146 1147 1149 030601: 1029 1030 1032 1033 1040 1041 3007 3008 3009 3011 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3037 3041 3049 3050 3051 3052 3063 3064 3065 3066 3067 3079 3082 3083 3085 3086 3088 030602: 2000 2006 2007

GEORGIA LAWS 2018 SESSION

455

VTD: 067EL02 - ELIZABETH 02 VTD: 067EL03 - ELIZABETH 03 VTD: 067EL04 - ELIZABETH 04 VTD: 067EL05 - ELIZABETH 05 VTD: 067EL06 - ELIZABETH 06 VTD: 067EP01 - EAST PIEDMONT 01 VTD: 067EV01 - EAST VALLEY 01 VTD: 067FP01 - FULLERS PARK 01 VTD: 067GM01 - GARRISON MILL 01 VTD: 067GT01 - GRITTERS 01 VTD: 067HT01 - HIGHTOWER 01 VTD: 067KE2A - KENNESAW 2A 030229: 1052 030230: 2001 VTD: 067KE3A - KENNESAW 3A 030223: 1015 2002 2003 2004 2007 2010 030226: 1027 1028 VTD: 067KL01 - KELL 01 VTD: 067KY01 - KEHELEY 01 VTD: 067LA01 - LASSITER 01 VTD: 067MB01 - MABRY 01 VTD: 067MD01 - MURDOCK 01 VTD: 067MK01 - MCCLESKEY 01 VTD: 067MR1A - MARIETTA 1A 030344: 2006 2015 2016 2018 2019 2032 2033 030345: 1007 1015 1016 1017 1019 1021 1043 1044 1045 030405: 1033 1035 1036 1038 1039 1040 1041 1042 1043 1048 1049 1050 1051 1052 1054 1055 1056 1057 1058 1059 1060 2010 2013 2014 2015 2016 2017 2018 2019 2027 2028 2033 2035 3006 3007 3008 3010 3017 3018 3019 3020 3024 3025 3028 3031 3033 3034 3037 3038 3039 3044 3047 3048 030413: 1000 1001 1003 1004 1005 1006 1009 1010 1015 2000 2001 2002 2003 2005 2007 2016 3001 3008 3009 3010 3011 3031

456

GENERAL ACTS AND RESOLUTIONS, VOL. I

030414: 1000 1001 1002 1025 1026 1028 2000 2001 2002 2003 2004 2008 2011 2012 2023 2033 2034 2038 2039 2045 2050 2051 2052 2053 2054 2055 2056 2057 2065 030800: 2032 2039 031001: 2091 2092 2094 2095 2096 2097 031113: 1000 1013 VTD: 067MR4B - MARIETTA 4B 030506: 1124 1130 1133 030601: 1018 1020 1021 1022 1023 1024 1025 1026 1027 1039 1042 3036 3038 3039 3040 3042 3043 3044 3045 3046 3047 3048 3059 3060 3061 3062 3071 3076 3078 3080 3081 3084 3087 VTD: 067MR5A - MARIETTA 5A 030411: 2003 030504: 3006 3007 3010 3011 3012 3013 3014 3015 030505: 4000 4001 4002 4003 4004 4005 4006 4007 4008 4015 030700: 1024 1033 4000 030800: 1000 2000 VTD: 067MR5B - MARIETTA 5B 030502: 2028 2032 2034 2040 2041 2042 2043 2044 2045 2046 2052 2053 2054 2056 2057 2058 030504: 2023 2024 2033 3000 3001 3002 3003 3004 3005 3008 3009 030506: 1002 1032 1033 1034 1036 1037 1038 1039 1041 1042 1043 1044 1046 1047 1051 1052 1053 1079 1080 1081 1082 1083 1084 1086 1089 1092 1097 1099 1100 1101 1104 1105 1106 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1134 1135 1136 1137 1138 1139

GEORGIA LAWS 2018 SESSION

457

030602: 2017 2018 2019 2022 2023 030700: 1000 1003 1004 1010 1023 VTD: 067MR6A - MARIETTA 6A VTD: 067MR6B - MARIETTA 6B VTD: 067MR6C - MARIETTA 6C 030410: 1010 1012 1014 1015 1016 1023 1025 1026 2017 2018 2019 2020 2023 2024 2025 2026 2027 2028 2029 2030 2031 030502: 2006 2009 2012 2014 2017 2020 2026 2035 2039 2055 030504: 2010 2011 2021 2022 2026 2027 2028 2029 2030 2031 2032 2035 2037 030505: 1002 1005 1009 1010 1012 1013 1015 1016 1017 1018 1019 1021 1022 1023 2000 2001 2002 2003 2004 2005 2006 2012 2013 2021 3020 3022 3023 3027 3028 3029 3030 3032 3033 4009 4010 4011 4012 4013 4014 4016 4017 4018 4019 4020 4028 4029 4030 4031 4032 030506: 1025 1026 1054 1057 1063 1069 1070 1071 1074 1075 1078 1145 1148 030507: 1059 1060 1061 1064 1065 1066 1067 1068 1070 1071 1073 1074 030700: 4003 4013 4014 4031 VTD: 067MR7A - MARIETTA 7A 030405: 4001 4002 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4018 4021 4023 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4048 4049 030410: 1027 1028 1030 1032 1034 1035 1037 1039 1040 1045 1046 030411: 1001 1002 1003 1004 1005 1006 1007 1008 1009 2000 2001 2002 2004 2005 2006 2007 2009 2010 2012 030412: 1000 1001 1002 1003 1004 1005 2000 2001 2002 2003 2004 2005 2006 2008 2010 2013 2014 2015 2016 2017 2018 2019 3000 3003

458

GENERAL ACTS AND RESOLUTIONS, VOL. I

3005 3006 3010 3014 3020 3021 4000 4001 4002 4003 030414: 2006 2007 2010 2013 2014 2015 2016 2019 2024 2025 2026 2028 2035 2036 2037 2040 2041 2042 2043 2044 2046 2047 2048 2049 2064 030505: 2008 2009 2014 2015 2017 2018 2019 2020 2022 2032 4022 4035 4036 030800: 2029 2030 2031 VTD: 067MT01 - MT BETHEL 01 VTD: 067MT02 - MT BETHEL 02 VTD: 067MT03 - MT BETHEL 03 VTD: 067MT04 - MT BETHEL 04 VTD: 067NS01 - NICHOLSON 01 VTD: 067PF01 - POWERS FERRY 01 VTD: 067PO01 - POST OAK 01 VTD: 067PP01 - POPE 01 VTD: 067PR01 - PALMER 01 030220: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 030223: 2000 2001 2005 2006 2008 2009 030226: 1033 VTD: 067PT01 - PITNER 01 VTD: 067RM01 - ROCKY MOUNT 01 VTD: 067RM02 - ROCKY MOUNT 02 VTD: 067RW01 - ROSWELL 01 VTD: 067RW02 - ROSWELL 02 VTD: 067SA01 - SANDY PLAINS 01 VTD: 067SF01 - SHALLOWFORD FALLS VTD: 067SI01 - SIMPSON 01 VTD: 067SM01 - SEWELL MILL 01 VTD: 067SM03 - SEWELL MILL 03 VTD: 067SM04 - SEWELL MILL 04 VTD: 067SM05 - SEWELL MILL 05 VTD: 067SN1A - SMYRNA 1A 030345: 1026 1027 1028 1029 1030 1031 1032 1033 1034 1036 1038 1039 1040 1041 1062 1063 1064 1065

GEORGIA LAWS 2018 SESSION

459

VTD: 067SO01 - SOPE CREEK 01 VTD: 067SO02 - SOPE CREEK 02 VTD: 067SO03 - SOPE CREEK 03 VTD: 067SP01 - SEDALIA PARK 01 VTD: 067SY01 - SPRAYBERRY 01 VTD: 067TM01 - TERRELL MILL 01 VTD: 067TR01 - TIMBER RIDGE 01 VTD: 067TT01 - TRITT 01 VTD: 067VG01 - VININGS 01 030339: 1002 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1040 1041 1043 1044 1045 VTD: 067WG01 - WADE GREEN 01 VTD: 067WG02 - WADE GREEN 02 VTD: 067WL01 - WILLEO 01 DeKalb County VTD: 089AD - AUSTIN VTD: 089AG - ASHFORD DUNWOOD VTD: 089AH - ASHFORD PARKSIDE VTD: 089CE - CHAMBLEE (CHA) 021204: 2000 2001 2002 021208: 1010 1011 1012 1013 1014 1018 1021 1023 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 021209: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 3000 3001 3002 3003 3004 3005 3015 4000 4008 021301: 1022 VTD: 089CH - CHESNUT ELEMENTARY VTD: 089DA - DORAVILLE NORTH 021301: 1000 1001 1002 1003 1004 1005 1006 1010 1011 1013 1014 1015 1016 1023 1024 1034 2008 2009 2010 2011 2012 021303: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011

460

GENERAL ACTS AND RESOLUTIONS, VOL. I

1012 1015 1018 1019 1020 2000 2001 2006 2007 2028 3001 3002 3003 3004 021305: 2006 2008 2009 2010 2011 2012 021306: 1001 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1035 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 2010 2011 2012 2013 2015 2016 2017 2019 2020 2021 2022 2023 2024 2025 2028 2029 2030 2032 2033 3015 021307: 2000 VTD: 089DF - DUNWOODY VTD: 089DG - DUNWOODY HIGH SCHOOL VTD: 089DI - DUNWOODY LIBRARY VTD: 089GD - GEORGETOWN SQ VTD: 089HF - HUNTLEY HILLS ELEM VTD: 089KB - KINGSLEY ELEM VTD: 089MQ - MOUNT VERNON EAST VTD: 089MS - MOUNT VERNON WEST VTD: 089MU - MONTGOMERY ELEM VTD: 089NA - NANCY CREEK ELEM VTD: 089NF - NORTH PEACHTREE VTD: 089OB - OAKCLIFF ELEM 021303: 1013 1014 1016 1017 2002 2003 2004 2005 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 3000 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 021307: 2019 021705: 2000 2007 2010 021812: 2000 021813: 1000 1007 1010 VTD: 089PB - PEACHTREE MIDDLE SCHOOL VTD: 089SE - SILVER LAKE VTD: 089TG - TILLY MILL ROAD VTD: 089WL - WINTERS CHAPEL

GEORGIA LAWS 2018 SESSION

461

Fulton County VTD: 12107A - 07A VTD: 12107B - 07B VTD: 12107C - 07C 009602: 1000 1001 1002 1003 1004 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 3000 3001 3022 010002: 3003 3004 3005 3008 3009 3010 3012 3019 3020 3021 3023 VTD: 12107D - 07D 009601: 1000 1001 1002 1003 1004 1005 1006 1007 2000 2001 2002 2003 2004 2005 2006 009602: 3002 3003 3004 3009 3011 3013 3014 3015 3017 3018 3019 009603: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 VTD: 12107E - 07E 009402: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1015 1018 VTD: 12107F - 07F VTD: 12107G - 07G VTD: 12107H - 07H VTD: 12107J - 07J 009300: 2000 2001 2002 2003 2004 2005 2006 2007 2008 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 VTD: 12108A - 08A VTD: 12108B - 08B VTD: 12108C - 08C VTD: 12108D - 08D VTD: 12108E - 08E 009700: 1015 1021 1022 1023 1024 1026 1027 1028 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 3000 3001 3002 3003 3004 3005 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3029 3030 3031 VTD: 12108F - 08F

462

GENERAL ACTS AND RESOLUTIONS, VOL. I

009801: 1008 1009 1010 1011 1012 1013 1016 2010 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 009900: 3007 3009 3010 3011 3012 3013 VTD: 12108G - 08G VTD: 12108H - 08H VTD: 12108M - 08M VTD: 12108N - 08N VTD: 12109F - 09F 009700: 3027 3028 VTD: 121SS02A - SS02A VTD: 121SS02B - SS02B VTD: 121SS03 - SS03 VTD: 121SS05 - SS05 VTD: 121SS06 - SS06 VTD: 121SS07A - SS07A VTD: 121SS07B - SS07B VTD: 121SS07C - SS07C VTD: 121SS08A - SS08A VTD: 121SS08B - SS08B VTD: 121SS08C - SS08C VTD: 121SS09 - SS09 VTD: 121SS10 - SS10 VTD: 121SS11A - SS11A VTD: 121SS11B - SS11B VTD: 121SS11C - SS11C VTD: 121SS11D - SS11D VTD: 121SS12 - SS12 VTD: 121SS13A - SS13A VTD: 121SS13B - SS13B VTD: 121SS14 - SS14 VTD: 121SS16 - SS16 VTD: 121SS18A - SS18A VTD: 121SS18B - SS18B VTD: 121SS31 - SS31

GEORGIA LAWS 2018 SESSION

463

Gwinnett County VTD: 135037 - PINCKNEYVILLE E VTD: 135038 - PINCKNEYVILLE F 050304: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 2036 2037 2038 2039 050306: 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1033 1035 1036 1037 1038 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1058 1059 1060 1061 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 VTD: 135059 - PINCKNEYVILLE N 050304: 2013 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2032 2033 2034 2035 050306: 1003 1004 1006 1007 1015 1021 050317: 1000 1001 1002 1003 1004 1005 2006 2007 2008 2009 2010 2011 2012 2013 2015 3000 050318: 1000 1001 1002 1003 1004 1005 2000 2001 2002 2003 2004 2005 VTD: 135073 - PINCKNEYVILLE P 050310: 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 VTD: 135101 - PINCKNEYVILLE U

District 004 Cobb County VTD: 067AC1A - ACWORTH 1A VTD: 067AC1B - ACWORTH 1B VTD: 067AC1C - ACWORTH 1C VTD: 067AU1A - AUSTELL 1A 031404: 1015 1016 4004 4005 4006 4008 4012 4014 4015 4016 4018 4019 4020 4022 4023 4026 4028 4029 4030 031408: 1005 1006 1007 1008 1009 1011 1012 1013 1014 1015 1016 1017 1018 1019 1024 1025 1026 1030 1031 1032 1033 1034 1035 1037

464

GENERAL ACTS AND RESOLUTIONS, VOL. I

1038 1039 1040 1041 1042 1044 1045 1046 1048 1049 1050 1051 1052 1053 1054 1055 1058 1059 1060 1061 1062 1063 1064 1067 1068 2008 2009 2011 2012 2014 2017 2019 2020 2021 2022 2023 2024 2025 2028 2030 2034 2036 2039 2041 2042 2044 2050 2051 2052 2053 2054 2055 2058 2059 3000 3001 3002 3004 3006 3007 3010 3012 3013 3014 3015 3016 3017 3018 3019 3021 3022 3023 3027 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3052 3055 3057 3058 3059 3062 3064 3065 3066 3069 3070 3071 3077 3078 3079 3080 3081 3082 3083 3084 3085 031409: 2000 2001 2002 2005 2006 2011 2012 2017 2018 2019 2020 2021 2022 2023 2024 2032 2033 2037 2038 2039 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 031509: 3015 3016 VTD: 067BG01 - BIG SHANTY 01 030227: 3006 3018 3019 3020 3021 3022 3023 3052 3054 3057 3060 3062 3063 3064 3065 3067 3068 030229: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1015 1016 1018 1019 1020 1022 1023 1024 1025 1026 1027 1028 1029 1030 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1053 2000 2001 2002 2003 2004 2005 2007 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2024 2025 2027 2043 2044 2045 2046 2047 2048 2049 2050 2060 2065 2066 2067 2068 2072 2074 2075 2076 2077 2078 2079 2084 2092 2093 030230: 1041 1044 1050 1051 1052 1053 1054 1055 1056 1070 1071 1072 1073 1074 1075 1076 1086 1091 1092 1093 2003 2004 2005 2015 2017 2021 2022 2023 2029 030601: 3000 3003 3005 3006 VTD: 067BK01 - BAKER 01 030106: 1001 1002 1004 1005 1012 1014 1016 1020 2001 2004 2008 2010 2011

GEORGIA LAWS 2018 SESSION

465

030107: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2013 2015 2016 030226: 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1019 1022 1023 1029 2000 2001 2003 2005 2006 2011 2014 2015 030227: 1001 VTD: 067CH02 - CHEATHAM HILL 02 VTD: 067CH03 - CHEATHAM HILL 03 VTD: 067CL01 - CLARKDALE 01 VTD: 067CL02 - CLARKDALE 02 VTD: 067CO01 - COOPER 01 VTD: 067DI01 - DOBBINS 01 030800: 2045 2046 2049 2057 3041 3043 3044 3046 3047 3048 3049 3052 031001: 2001 2002 2003 2005 2006 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2057 2058 2059 2060 2061 2062 2063 2064 2065 2077 2078 2087 2089 2098 2099 2100 2101 031108: 1000 1001 1002 1004 1007 1009 1012 1013 1015 1021 1024 1029 1033 1035 1036 1038 1039 1041 1043 1047 1050 2002 3008 3009 3013 3015 3025 3030 3032 3033 3034 3036 4005 4006 4011 4014 4015 4018 4019 4023 031113: 1005 1015 1016 031114: 2002 2005 031207: 1000 031208: 1001 1002 1015 1023 VTD: 067DL01 - DOWELL 01 VTD: 067DU01 - DURHAM 01 VTD: 067EL01 - ELIZABETH 01 030601: 3053 3054 3055 3056 3057 3068 3069 3070 3072 3073 3077 3090

466

GENERAL ACTS AND RESOLUTIONS, VOL. I

030602: 1000 1011 1014 2001 2004 2005 2008 2009 2010 2011 2013 2028 2066 3001 3002 3003 3004 3005 3011 VTD: 067FO01 - FAIR OAKS 01 VTD: 067FO02 - FAIR OAKS 02 VTD: 067FO03 - FAIR OAKS 03 VTD: 067FO04 - FAIR OAKS 04 VTD: 067FO05 - FAIR OAKS 05 VTD: 067FO06 - FAIR OAKS 06 VTD: 067FR01 - FORD 01 VTD: 067FY01 - FREY 01 VTD: 067HR01 - HARRISON 01 VTD: 067HY01 - HAYES 01 VTD: 067KE1A - KENNESAW 1A VTD: 067KE2A - KENNESAW 2A 030227: 3037 3044 030229: 1031 1032 1033 1035 1036 1048 1049 030230: 1001 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1020 1021 1022 1023 1024 1025 1039 1040 1042 1043 1045 1046 1047 1048 1049 1057 1058 1059 1060 1062 1063 1065 1066 1067 1068 1069 1079 1082 1083 1085 1098 2002 2006 2007 2008 2009 2010 2011 2012 2013 2016 2018 2019 2020 2025 2027 VTD: 067KE2B - KENNESAW 2B VTD: 067KE3A - KENNESAW 3A 030226: 1013 1014 1015 1016 1017 1020 1021 1024 1025 1026 1030 1031 1035 1036 1039 1040 1043 030227: 1000 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 2000 2001 2008 2025 2026 2027 2028 3026 3027 030229: 2031 2032 VTD: 067KE4A - KENNESAW 4A VTD: 067KE5A - KENNESAW 5A VTD: 067KE5B - KENNESAW 5B VTD: 067KP01 - KEMP 01 VTD: 067KP02 - KEMP 02

GEORGIA LAWS 2018 SESSION

467

VTD: 067KP03 - KEMP 03 VTD: 067LM01 - LOST MOUNTAIN 01 VTD: 067LM02 - LOST MOUNTAIN 02 VTD: 067LM03 - LOST MOUNTAIN 03 VTD: 067LM04 - LOST MOUNTAIN 04 VTD: 067LW01 - LEWIS 01 VTD: 067MA01 - MABLETON 01 031404: 4000 4001 4002 4003 4007 4009 4010 4011 4013 4017 4021 4024 4025 4027 4031 031409: 2077 VTD: 067MC01 - MACLAND 01 VTD: 067MC02 - MACLAND 02 VTD: 067ME01 - MCEACHERN 01 VTD: 067ML01 - MCCLURE 01 VTD: 067MR1A - MARIETTA 1A 030800: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1027 1028 1029 1030 1031 1032 1033 1034 2020 2021 2023 2026 2033 2034 2035 2040 2041 2042 2043 2044 2047 2048 2050 2051 2052 2053 2054 3000 3001 3011 3012 3018 3019 3023 3025 3028 3029 3030 3042 3050 3051 031001: 2000 2004 2007 2026 2079 2080 2083 2084 2085 2086 2088 2090 2093 031113: 1001 1002 1003 1004 1006 1007 1008 1009 1010 1011 1012 1014 031114: 2000 2001 2009 VTD: 067MR2A - MARIETTA 2A VTD: 067MR2B - MARIETTA 2B VTD: 067MR2C - MARIETTA 2C VTD: 067MR3A - MARIETTA 3A VTD: 067MR4B - MARIETTA 4B 030230: 1080 2037 2038 2044 2045 2046 2047 2048 2049 2050 2055 2056 2057 2059 2063 2064 2065 2069 2071 2072 2073 030602: 1019 1028 1030 1044 1045 1046

468

GENERAL ACTS AND RESOLUTIONS, VOL. I

030700: 1006 1007 1008 1014 1015 1016 1017 1018 1034 2000 2001 2002 2003 2004 2005 VTD: 067MR4C - MARIETTA 4C VTD: 067MR4E - MARIETTA 4E VTD: 067MR5A - MARIETTA 5A 030602: 3067 3068 3069 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 030700: 1025 1026 1035 2021 2025 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 4001 4002 4004 4006 4007 4008 4009 4010 4011 4012 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4033 4034 030800: 3002 3003 3004 3005 3006 3007 3008 3009 3010 3013 3014 3015 3016 3020 3021 3022 3024 3026 3027 3034 3035 3036 030902: 1000 1001 1002 1003 1004 1007 1008 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1038 4000 VTD: 067MR5B - MARIETTA 5B 030602: 2012 2014 2015 2016 2020 2021 2024 2025 2026 2027 2029 2030 2031 2032 2033 2034 2035 2036 2038 2039 2044 2045 2046 2047 3012 3013 3014 3015 3016 3017 030700: 1001 1002 1005 1009 1011 1012 1013 1019 1020 1021 1022 1027 1028 1029 1030 1031 1032 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 3000 3001 4005 VTD: 067MR6C - MARIETTA 6C 030700: 4032 VTD: 067MR7A - MARIETTA 7A 030800: 1001 1002 1003 1026 1035 1036 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2022 2024 2025 2027 2028 2036 2037 2038 2055 2056

GEORGIA LAWS 2018 SESSION

469

VTD: 067MS01 - MARS HILL 01 VTD: 067MS02 - MARS HILL 02 VTD: 067NC01 - NORTH COBB 01 VTD: 067NP02 - NORTON PARK 02 031116: 3016 VTD: 067OR01 - OREGON 01 VTD: 067OR02 - OREGON 02 VTD: 067OR03 - OREGON 03 VTD: 067OR04 - OREGON 04 VTD: 067OR05 - OREGON 05 VTD: 067OR06 - OREGON 06 VTD: 067PE02 - PEBBLEBROOK 02 031408: 1004 1010 1020 1021 1022 1027 1028 1029 1036 1043 1065 1066 1069 VTD: 067PM01 - PINE MOUNTAIN 01 VTD: 067PM02 - PINE MOUNTAIN 02 VTD: 067PR01 - PALMER 01 030226: 1032 1034 1037 1038 1042 030229: 2006 2009 2010 2011 2022 2023 2026 2028 2029 2088 VTD: 067PS1A - POWDER SPRINGS 1A VTD: 067PS2A - POWDER SPRINGS 2A VTD: 067PS3A - POWDER SPRINGS 3A VTD: 067RR01 - RED ROCK 01 VTD: 067SN1A - SMYRNA 1A 031114: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 2023 2024 2025 3000 3001 3013 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 031208: 1000 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1017 1018 1020 1021 1022 VTD: 067SN2A - SMYRNA 2A VTD: 067SN2B - SMYRNA 2B VTD: 067SN3A - SMYRNA 3A VTD: 067SN4A - SMYRNA 4A

470

GENERAL ACTS AND RESOLUTIONS, VOL. I

031110: 1022 1023 1024 1025 1026 1027 1028 2001 2002 2003 2004 2005 2006 2007 2008 2014 2015 2016 VTD: 067SN5A - SMYRNA 5A 031001: 2076 3023 3026 3027 3029 031002: 1020 1038 031004: 1000 1001 1002 1004 1008 031101: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 031108: 1011 1019 031110: 1005 1006 1007 1008 1009 1016 1017 1018 031116: 1000 1001 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3017 VTD: 067SW01 - SWEETWATER 01 VTD: 067SW02 - SWEETWATER 02 031406: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 VTD: 067SW04 - SWEETWATER 04 031404: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 031406: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 VTD: 067SW05 - SWEETWATER 05 VTD: 067TS01 - TEASLEY 01 031208: 1019 VTD: 067VA01 - VAUGHAN 01 VTD: 067VG01 - VININGS 01

GEORGIA LAWS 2018 SESSION

471

031207: 1011 Paulding County

District 005 DeKalb County VTD: 089AB - ASHFORD PARK ELEMENTARY VTD: 089AE - AVONDALE (AVO) VTD: 089AM - AVONDALE MIDDLE VTD: 089BC - BRIAR VISTA ELEMENTARY VTD: 089BD - BRIARLAKE ELEMENTARY VTD: 089BE - BRIARWOOD VTD: 089BG - BRIARCLIFF VTD: 089BI - BROOKHAVEN VTD: 089CE - CHAMBLEE (CHA) 021204: 1000 1001 1002 1003 1004 1005 2003 2004 2005 2006 2007 2008 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3017 3020 3021 3022 021307: 1014 1021 021308: 2004 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 021412: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1013 1015 1016 1017 1018 1019 1020 3000 3006 VTD: 089CI - CLAIREMONT WEST VTD: 089CJ - CLAIRMONT HILLS VTD: 089CO - CROSS KEYS HIGH VTD: 089CV - CLAIREMONT EAST VTD: 089CW - CORALWOOD VTD: 089DA - DORAVILLE NORTH 021301: 1012 1025 1026 1027 1028 1029 1030 1031 1032 1033 1035 1036 1037 1038 1039 1040 VTD: 089DB - DORAVILLE SOUTH VTD: 089DC - DRESDEN ELEM VTD: 089DH - DRUID HILLS HIGH SCHOOL VTD: 089EE - EPWORTH (ATL) VTD: 089EF - EVANSDALE ELEM

472

GENERAL ACTS AND RESOLUTIONS, VOL. I

021808: 1013 VTD: 089EG - EMORY SOUTH VTD: 089ER - EMORY ROAD VTD: 089FB - FERNBANK ELEM VTD: 089FD - FORREST HILLS ELEM VTD: 089GA - GLENNWOOD (DEC) 022203: 1037 1039 022600: 1020 1021 1022 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 022800: 3000 3001 3002 022900: 1010 1011 1014 1016 VTD: 089HB - HAWTHORNE ELEM VTD: 089HC - HENDERSON MILL VTD: 089HD - HERITAGE ED VTD: 089IB - INDIAN CREEK ELEM 022005: 1011 1012 1013 1014 VTD: 089JA - JOHNSON ESTATES VTD: 089LA - LAKESIDE HIGH VTD: 089LB - LAVISTA ROAD VTD: 089LC - LAVISTA VTD: 089LE - MARY LIN ELEM VTD: 089ME - MCLENDON ELEM VTD: 089MG - MEDLOCK ELEM VTD: 089MJ - MONTCLAIR ELEM VTD: 089MO - MIDWAY ELEM 023102: 1018 1020 1021 2000 2016 023107: 3005 VTD: 089MP - MARGARET HARRIS VTD: 089MW - MIDVALE ROAD 021808: 1014

GEORGIA LAWS 2018 SESSION

473

021809: 5021 021810: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 VTD: 089NB - NORTH DECATUR VTD: 089ND - NORTHLAKE VTD: 089OA - OAK GROVE ELEM VTD: 089OB - OAKCLIFF ELEM 021307: 2015 2016 2017 2018 2020 2021 2022 2023 2024 2025 2026 2027 2028 2030 2031 2032 2040 2041 2042 2043 2046 2047 2051 2052 2053 2054 2055 2057 021705: 2011 VTD: 089OK - OAKHURST (DEC) 020300: 3010 022403: 1026 1031 022500: 3019 3020 3021 3023 3026 VTD: 089PG - PONCE DE LEON VTD: 089RD - REHOBOTH VTD: 089SA - SAGAMORE HILLS VTD: 089SB - SCOTT VTD: 089SC - SCOTTDALE 022001: 2005 2006 2014 2015 2016 2017 2018 2019 2020 2021 2023 2024 2025 2026 2027 2028 2029 2030 2031 2033 2034 022100: 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2046 2047 2048 2049 2050 2051 2052 022204: 4013 VTD: 089SF - SKYLAND VTD: 089SN - SHAMROCK MIDDLE

474

GENERAL ACTS AND RESOLUTIONS, VOL. I

VTD: 089VB - VALLEY BROOK VTD: 089WF - WINNONA PARK ELEM 022800: 3007 3010 022900: 1029 VTD: 089WI - WARREN TECH VTD: 089WJ - WOODWARD ELEM Fulton County VTD: 12101A - 01A VTD: 12101B - 01B VTD: 12101C - 01C VTD: 12101D - 01D VTD: 12101E - 01E VTD: 12101F - 01F VTD: 12101G - 01G VTD: 12101J - 01J VTD: 12101P1 - 01P1 VTD: 12101P2 - 01P2 VTD: 12101R - 01R VTD: 12101S - 01S VTD: 12101T - 01T VTD: 12102A - 02A VTD: 12102B - 02B VTD: 12102C - 02C VTD: 12102D - 02D VTD: 12102E - 02E VTD: 12102F1 - 02F1 VTD: 12102F2 - 02F2 VTD: 12102G - 02G VTD: 12102J - 02J VTD: 12102L1 - 02L1 VTD: 12102L2 - 02L2 VTD: 12102S - 02S VTD: 12102W - 02W VTD: 12102X - 02X VTD: 12103A1 - 03A1 VTD: 12103A2 - 03A2 004000: 1009 1010 1011 1015 1016 1021 1022 1023 VTD: 12103B1 - 03B1

GEORGIA LAWS 2018 SESSION

475

VTD: 12103B2 - 03B2 VTD: 12103C - 03C VTD: 12103D - 03D VTD: 12103E - 03E VTD: 12103F - 03F VTD: 12103G - 03G VTD: 12103H - 03H VTD: 12103L - 03L VTD: 12103M - 03M VTD: 12103N - 03N VTD: 12103P1 - 03P1 VTD: 12103P2 - 03P2 VTD: 12103R - 03R VTD: 12103S - 03S 008301: 1003 1004 1005 1006 1007 1008 1009 1020 2006 2007 2008 2009 2010 2011 2012 2018 2019 2021 VTD: 12103T - 03T VTD: 12103U - 03U VTD: 12104A - 04A VTD: 12104B - 04B VTD: 12104D - 04D 004000: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1012 1013 1014 1018 1019 1020 1024 1025 2001 2002 2003 2004 2005 2006 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 VTD: 12104E - 04E VTD: 12104G - 04G 006200: 1008 VTD: 12104H - 04H VTD: 12104K - 04K VTD: 12104L - 04L VTD: 12104V - 04V VTD: 12104W - 04W VTD: 12104X2 - 04X2 004000: 2000 2011

476

GENERAL ACTS AND RESOLUTIONS, VOL. I

004100: 3017 VTD: 12105A - 05A VTD: 12105B - 05B VTD: 12105C - 05C VTD: 12105F - 05F VTD: 12106A - 06A VTD: 12106B - 06B VTD: 12106D - 06D VTD: 12106E - 06E VTD: 12106F - 06F VTD: 12106G - 06G VTD: 12106H - 06H VTD: 12106J - 06J VTD: 12106K - 06K VTD: 12106L - 06L VTD: 12106R - 06R VTD: 12106S - 06S VTD: 12107C - 07C 009404: 2000 2001 2010 2011 VTD: 12107D - 07D 009403: 3000 VTD: 12107E - 07E 009200: 3015 009402: 1009 1010 1011 1012 1013 1014 1016 1017 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 009404: 1000 1001 1002 1003 1004 1005 1006 1007 2013 2014 2015 2016 3000 3001 3002 3003 3004 3005 3006 VTD: 12107J - 07J 009102: 2007 2008 2009 2010 2011 VTD: 12107K1 - 07K1 VTD: 12107K2 - 07K2 VTD: 12107M1 - 07M1 VTD: 12107M2 - 07M2

GEORGIA LAWS 2018 SESSION

477

VTD: 12107N - 07N VTD: 12108E - 08E 008904: 3007 VTD: 12108F - 08F 008904: 3004 3005 3006 009700: 3006 VTD: 12108J - 08J VTD: 12108K - 08K VTD: 12108L - 08L VTD: 12108P - 08P VTD: 12109A - 09A VTD: 12109B - 09B VTD: 12109C - 09C VTD: 12109D - 09D VTD: 12109E - 09E VTD: 12109F - 09F 008904: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 3000 3001 3002 3003 3008 3009 3010 3011 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 VTD: 12109G - 09G VTD: 12109K - 09K VTD: 12109L - 09L VTD: 12109M - 09M VTD: 12109N - 09N VTD: 12110D - 10D 007805: 1000 1024 1025 VTD: 12110E - 10E VTD: 12110F - 10F VTD: 12110G - 10G 008102: 1002 1003 VTD: 12110J - 10J

478

GENERAL ACTS AND RESOLUTIONS, VOL. I

008102: 1000 1001 1004 1010 1011 1012 VTD: 12110P - 10P VTD: 12112A - 12A VTD: 12112B - 12B VTD: 12112C - 12C VTD: 12112D - 12D VTD: 12112E1 - 12E1 VTD: 12112E2 - 12E2 VTD: 12112F - 12F VTD: 12112G - 12G VTD: 12112H - 12H VTD: 12112J - 12J VTD: 12112M - 12M VTD: 12112S - 12S VTD: 12112T - 12T VTD: 121CP01A - CP01A 012300: 1009 VTD: 121CP01B - CP01B VTD: 121CP02A - CP02A VTD: 121CP02B - CP02B VTD: 121EP04 - EP04 011100: 1000 1001 1002 1003 1004 1005 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2021 2022 2023 2024 2025 2026 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 VTD: 121EP05A - EP05A VTD: 121EP05B - EP05B VTD: 121HP01 - HP01 VTD: 121SC14 - SC14 007805: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1020 1021 1023 008202: 4003 4004 4006 4009 4010 4011 4012

GEORGIA LAWS 2018 SESSION

479

District 006 Gwinnett County VTD: 135001 - HARBINS A VTD: 135003 - DACULA VTD: 135005 - BAYCREEK A VTD: 135006 - GOODWINS A VTD: 135008 - DUNCANS A VTD: 135010 - CATES A 050720: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 050721: 3017 3018 3019 VTD: 135011 - BERKSHIRE A VTD: 135012 - BERKSHIRE B 050431: 2005 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3032 3033 3034 3035 3036 050432: 3000 3001 3002 3003 3004 3005 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 VTD: 135013 - BERKSHIRE K VTD: 135014 - GARNERS A VTD: 135015 - LAWRENCEVILLE A VTD: 135016 - LAWRENCEVILLE B VTD: 135017 - MARTINS A VTD: 135018 - MARTINS B VTD: 135019 - MARTINS C VTD: 135021 - PINCKNEYVILLE B VTD: 135023 - PINCKNEYVILLE D VTD: 135026 - HOG MOUNTAIN A VTD: 135027 - HOG MOUNTAIN B VTD: 135028 - ROCKYCREEK A VTD: 135029 - CATES B VTD: 135031 - BERKSHIRE C VTD: 135032 - BERKSHIRE D VTD: 135033 - BERKSHIRE E

480

GENERAL ACTS AND RESOLUTIONS, VOL. I

VTD: 135034 - BERKSHIRE F VTD: 135035 - CATES D VTD: 135036 - CATES E VTD: 135042 - LAWRENCEVILLE C VTD: 135043 - MARTINS D VTD: 135046 - CATES F VTD: 135047 - CATES G VTD: 135049 - GARNERS C VTD: 135052 - BERKSHIRE G VTD: 135058 - PINCKNEYVILLE K VTD: 135060 - LAWRENCEVILLE D VTD: 135061 - LAWRENCEVILLE E VTD: 135065 - BERKSHIRE H VTD: 135067 - BERKSHIRE I VTD: 135068 - CATES I VTD: 135069 - CATES J VTD: 135070 - GOODWINS B VTD: 135071 - LAWRENCEVILLE F VTD: 135072 - MARTINS E VTD: 135074 - PINCKNEYVILLE Q VTD: 135077 - GOODWINS C VTD: 135078 - PINCKNEYVILLE R VTD: 135079 - CATES K VTD: 135080 - BAYCREEK C VTD: 135081 - CATES L 050721: 3000 3001 3002 3003 3004 3005 3006 3007 3015 3016 3020 VTD: 135083 - GOODWINS D VTD: 135084 - LAWRENCEVILLE G VTD: 135085 - LAWRENCEVILLE H VTD: 135086 - MARTINS F VTD: 135090 - LAWRENCEVILLE I VTD: 135091 - BAYCREEK D VTD: 135092 - BERKSHIRE J VTD: 135093 - CATES M VTD: 135094 - CATES N VTD: 135095 - DULUTH F 050215: 1043 VTD: 135097 - GOODWINS E VTD: 135098 - GOODWINS F

GEORGIA LAWS 2018 SESSION

481

VTD: 135103 - BERKSHIRE L VTD: 135107 - CATES O VTD: 135109 - BERKSHIRE M VTD: 135110 - MARTINS G VTD: 135112 - BERKSHIRE N VTD: 135113 - PINCKNEYVILLE V 050419: 3000 3006 3007 3008 3009 VTD: 135115 - MARTINS H VTD: 135116 - MARTINS I VTD: 135117 - MARTINS J VTD: 135118 - GARNERS F 050429: 2014 2015 2016 2018 2019 2020 050430: 1000 1012 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3011 3012 3013 3014 3015 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 VTD: 135119 - BERKSHIRE O VTD: 135120 - BERKSHIRE P VTD: 135123 - PINCKNEYVILLE Y VTD: 135124 - GOODWINS G VTD: 135127 - LAWRENCEVILLE J VTD: 135128 - GOODWINS H VTD: 135129 - DUNCANS B VTD: 135132 - LAWRENCEVILLE K VTD: 135133 - HARBINS B VTD: 135134 - BAYCREEK F VTD: 135136 - HOG MOUNTAIN C VTD: 135137 - ROCKYCREEK B VTD: 135139 - MARTINS K VTD: 135143 - LAWRENCEVILLE L VTD: 135144 - LAWRENCEVILLE M VTD: 135145 - BAYCREEK G VTD: 135146 - BAYCREEK H VTD: 135147 - BAYCREEK I VTD: 135148 - BERKSHIRE Q VTD: 135149 - GOODWINS I VTD: 135151 - HARBINS C VTD: 135152 - ROCKYCREEK C

482

GENERAL ACTS AND RESOLUTIONS, VOL. I

VTD: 135153 - LAWRENCEVILLE N VTD: 135154 - PUCKETTS D 050605: 2001 2002 2003 2004 2005 2008 2018 2019 2020 2021 2022 2023 2024 2026 VTD: 135157 - DUNCANS C VTD: 135158 - HOG MOUNTAIN D VTD: 135161 - BAYCREEK K VTD: 135163 - GOODWINS J

District 007 DeKalb County VTD: 089AA - ALLGOOD ELEMENTARY VTD: 089AC - ATHERTON ELEMENTARY VTD: 089BF - BROCKETT ELEMENTARY VTD: 089BH - BROCKETT VTD: 089BM - BETHUNE MIDDLE VTD: 089CB - CANBY LANE ELEMENTARY 023412: 3000 3001 3002 023414: 1001 023506: 1020 1021 1022 3021 3022 3023 3024 3025 3026 3030 3031 023507: 2008 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 VTD: 089CF - MURPHEY CANDLER VTD: 089CK - CLARKSTON (CLA) VTD: 089CP - CROSSROADS VTD: 089DE - DUNAIRE ELEM VTD: 089EC - EMBRY HILLS VTD: 089EF - EVANSDALE ELEM 021705: 1000 1001 1002 1003 2001 2002 2003 2004 2005 2006 2008 2009 2020 2021 2022 2023 2024 2025 2026 021808: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1011 1012 1016 1017 1018 1019 1021 1022 1023 1028 1029 2005 2015 2016 2017 2018 2019 2020 2021 2022 2023 2025 2026 2028

GEORGIA LAWS 2018 SESSION

483

VTD: 089FA - FAIRINGTON ELEM VTD: 089FG - FLAT ROCK ELEM VTD: 089FM - FREEDOM MIDDLE VTD: 089GB - GLENHAVEN VTD: 089HA - HAMBRICK ELEM VTD: 089HG - HUGH HOWELL VTD: 089IA - IDLEWOOD ELEM VTD: 089IB - INDIAN CREEK ELEM 022005: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1015 2002 2003 2004 2005 2006 2007 2008 2009 2010 022007: 1003 1004 2015 2017 2019 2020 2021 022008: 2004 2005 2006 2007 2008 2009 2010 4006 VTD: 089JB - JOLLY ELEM VTD: 089LD - LITHONIA (LIT) VTD: 089LH - LITHONIA HIGH SCHOOL VTD: 089LV - LAWRENCEVILLE HIGH SCHOOL VTD: 089MA - ELDRIDGE L MILL VTD: 089MC - MARBUT ELEM VTD: 089MH - MIDVALE ELEM VTD: 089MI - MILLER GROVE MIDDLE SCHOOL VTD: 089MK - MONTREAL VTD: 089MM - MEMORIAL NORTH VTD: 089MN - MEMORIAL SOUTH VTD: 089MV - MILLER GROVE ROAD VTD: 089MW - MIDVALE ROAD 021808: 1009 1010 1015 1020 1024 1025 1026 1027 021809: 5018 5019 5020 5022 021810: 2002 2003 2004 2005 2006 2019 2020 2021 VTD: 089MZ - MILLER GROVE HIGH VTD: 089NC - NORTH HAIRSTON VTD: 089PC - PRINCETON ELEM VTD: 089PE - PINE LAKE (PIN) VTD: 089PF - PLEASANTDALE ELEM VTD: 089PH - PANOLA VTD: 089PI - PANOLA WAY ELEM

484

GENERAL ACTS AND RESOLUTIONS, VOL. I

VTD: 089PK - PLEASANTDALE ROAD VTD: 089PR - PANOLA ROAD VTD: 089RC - REDAN ELEM VTD: 089RE - ROCKBRIDGE ELEM VTD: 089RF - ROCK CHAPEL ELEM VTD: 089RG - ROWLAND ELEM 023111: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 VTD: 089RH - REDAN-TROTTI VTD: 089RI - ROCKBRIDGE ROAD VTD: 089RJ - ROWLAND ROAD VTD: 089RK - REDAN ROAD VTD: 089RL - ROCK CHAPEL ROAD VTD: 089RM - REDAN MIDDLE VTD: 089SC - SCOTTDALE 022001: 2032 2035 022007: 1007 1009 1010 2018 022100: 1000 1001 1002 1003 1004 VTD: 089SD - STN MTN ELEMENTARY VTD: 089SH - SMOKE RISE VTD: 089SI - STN MTN MIDDLE VTD: 089SJ - STONE MILL ELEM VTD: 089SK - SHADOW ROCK ELEM VTD: 089SL - STONEVIEW ELEM VTD: 089SM - SALEM MIDDLE VTD: 089SO - SOUTH DESHON VTD: 089SP - STN MTN CHAMPION VTD: 089SQ - STONE MTN LIBRARY VTD: 089SR - SNAPFINGER ROAD VTD: 089SS - SNAPFINGER ROAD 023416: 2019 VTD: 089ST - STEPHENSON MIDDLE VTD: 089SU - SOUTH HAIRSTON VTD: 089SV - STEPHENSON HIGH VTD: 089TF - TUCKER

GEORGIA LAWS 2018 SESSION

485

VTD: 089TH - TUCKER LIBRARY VTD: 089WD - WOODROW ROAD VTD: 089WG - WOODRIDGE ELEM VTD: 089WK - WHITE OAK VTD: 089WN - WYNBROOKE ELEM VTD: 089YA - YOUNG ROAD Gwinnett County VTD: 135002 - ROCKBRIDGE A VTD: 135010 - CATES A 050721: 1001 1002 1003 1004 1005 1006 VTD: 135012 - BERKSHIRE B 050431: 1000 1001 1002 1003 1004 1005 1007 1008 1009 2000 2001 2002 2003 2004 VTD: 135030 - CATES C VTD: 135038 - PINCKNEYVILLE F 050417: 1000 1001 VTD: 135041 - BAYCREEK B VTD: 135044 - ROCKBRIDGE B VTD: 135045 - GARNERS B VTD: 135051 - PINCKNEYVILLE J VTD: 135053 - CATES H VTD: 135064 - GARNERS D VTD: 135066 - PINCKNEYVILLE O VTD: 135075 - ROCKBRIDGE C VTD: 135076 - ROCKBRIDGE D VTD: 135081 - CATES L 050721: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 3008 3009 3010 3011 3012 3013 3014 3021 4000 4001 4002 4003 4004 4005 4006 4007 4008 4012 4013 VTD: 135088 - ROCKBRIDGE E VTD: 135104 - ROCKBRIDGE F VTD: 135108 - BAYCREEK E VTD: 135113 - PINCKNEYVILLE V 050434: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 3000 3001

486

GENERAL ACTS AND RESOLUTIONS, VOL. I

3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 VTD: 135118 - GARNERS F 050415: 1004 1005 1006 2009 2010 2011 2012 2023 2024 VTD: 135122 - ROCKBRIDGE G VTD: 135156 - BAYCREEK J Rockdale County

District 008 Cobb County VTD: 067AU1A - AUSTELL 1A 031306: 2021 2022 2027 2029 2038 2043 2045 2047 2048 2050 2052 031309: 1001 1002 1005 1006 1007 1010 1018 1019 1023 1025 1026 031404: 3018 3021 3023 3024 3026 031408: 1000 VTD: 067BR01 - BIRNEY 01 VTD: 067BR02 - BIRNEY 02 VTD: 067BT01 - BRYANT 01 VTD: 067BT02 - BRYANT 02 VTD: 067HL01 - HARMONY-LELAND VTD: 067LI01 - LINDLEY 01 VTD: 067MA01 - MABLETON 01 031306: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2037 031309: 1008 031404: 3006 3007 3009 3010 3011 3012 3013 3014 3015 3016 3019 3020 3025 031408: 1001

GEORGIA LAWS 2018 SESSION

487

VTD: 067MA02 - MABLETON 02 VTD: 067MA03 - MABLETON 03 VTD: 067MA04 - MABLETON 04 VTD: 067NJ01 - NICKAJACK 01 VTD: 067NP01 - NORTON PARK 01 VTD: 067NP02 - NORTON PARK 02 031115: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2046 2047 031116: 1008 1011 1014 1015 1016 1017 1018 1019 1020 1034 1035 1036 1045 2000 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 031117: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 VTD: 067OK01 - OAKDALE 01 VTD: 067PE01 - PEBBLEBROOK 01 VTD: 067PE02 - PEBBLEBROOK 02 031308: 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2022 031309: 1000 1003 1004 1009 1011 1012 1013 1014 1015 1016 1017 1020 1021 1022 1024 1027 2000 2001 2002 2003 2004 2005 2014 2015 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 031408: 1002 1003 1023 VTD: 067RS01 - RIVERSIDE 01 VTD: 067SN1A - SMYRNA 1A 031208: 2024 3000 3002 3017 3018 3019 3020 3021 3022 3023 3024 3028 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3048 VTD: 067SN4A - SMYRNA 4A 031110: 2000 2009 2010 2011 2012 2013 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 031112: 1000 1001 1002 1005 1006 1007 1016 3025 3026

488

GENERAL ACTS AND RESOLUTIONS, VOL. I

031115: 2000 2001 2003 2004 2005 2035 2036 2039 2045 2050 2051 031117: 2000 2001 031118: 1000 1001 1003 1004 1005 1006 1007 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1027 1030 1031 1035 2000 2001 2002 2003 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 031206: 1000 1001 VTD: 067SN5A - SMYRNA 5A 031115: 2007 2008 2010 2011 2012 2013 2014 2015 2017 031116: 1002 1003 1004 1005 1006 1007 1009 1010 1012 1013 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1037 1038 1039 1040 1041 1042 1043 1044 2001 2002 2003 2004 2015 VTD: 067SN6A - SMYRNA 6A VTD: 067SN7A - SMYRNA 7A VTD: 067SN7B - SMYRNA 7B VTD: 067SN7C - SMYRNA 7C VTD: 067SW02 - SWEETWATER 02 031404: 2000 2001 2002 2003 2004 2005 2018 2019 031405: 4013 031406: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 VTD: 067SW04 - SWEETWATER 04 031404: 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 3000 3001 3002 3003 3004 3005 3008 VTD: 067TS01 - TEASLEY 01 031207: 1012 2019 031208: 2000 2001 2002 2003 2004 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2021 2022 2023 2026 3001 3003 3004

GEORGIA LAWS 2018 SESSION

489

3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3025 3026 3027 3029 3030 3031 3043 3044 3045 3046 3047 3049 VTD: 067VG01 - VININGS 01 031207: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 031212: 1004 1011 1012 1013 1014 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1053 1054 1055 1056 VTD: 067VG02 - VININGS 02 VTD: 067VG03 - VININGS 03 VTD: 067VG04 - VININGS 04 Douglas County Fulton County VTD: 12103A2 - 03A2 004000: 1017 VTD: 12103S - 03S 008301: 2013 VTD: 12104D - 04D 004000: 2007 2009 2010 2019 VTD: 12104G - 04G 006200: 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 VTD: 12104M - 04M VTD: 12104S - 04S VTD: 12104T - 04T VTD: 12104X1 - 04X1 VTD: 12104X2 - 04X2 004000: 2012 2013 2014 2015 2016 2017 2018 004100: 3008 006000: 4000 VTD: 12110A - 10A VTD: 12110C - 10C VTD: 12110D - 10D

490

GENERAL ACTS AND RESOLUTIONS, VOL. I

007805: 1026 007806: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 007807: 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 2006 2007 2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 007808: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 2000 2001 2002 2003 2004 2005 2006 2007 2008 VTD: 12110G - 10G 007900: 1004 1006 1008 1013 008000: 5007 008102: 1005 2000 2001 2002 2003 2006 2007 VTD: 12110H - 10H VTD: 12110J - 10J 004000: 2008 008102: 1006 1007 1008 1009 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1026 1027 1028 2004 2005 VTD: 12110L - 10L VTD: 12110M1 - 10M1 VTD: 12110M2 - 10M2 VTD: 12110R - 10R VTD: 12111A1 - 11A1 VTD: 12111A2 - 11A2 VTD: 12111A3 - 11A3 VTD: 12111B1 - 11B1 VTD: 12111B2 - 11B2 VTD: 12111C - 11C VTD: 12111E1 - 11E1 VTD: 12111E2 - 11E2 VTD: 12111E3 - 11E3 VTD: 12111E4 - 11E4 VTD: 12111G - 11G VTD: 12111H1 - 11H1

GEORGIA LAWS 2018 SESSION

491

VTD: 12111H2 - 11H2 VTD: 12111J - 11J VTD: 12111K - 11K VTD: 12111L - 11L VTD: 12111M - 11M VTD: 12111N - 11N VTD: 12111P - 11P VTD: 12111R - 11R VTD: 12112L - 12L VTD: 121CH01 - CH01 VTD: 121CH02 - CH02 VTD: 121CH03 - CH03 VTD: 121CH04 - CH04 VTD: 121CH05 - CH05 VTD: 121CP01A - CP01A 010601: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 2000 2001 2002 2003 2004 2005 2007 2008 2009 2010 2011 2012 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 010603: 1013 1014 1015 1016 011303: 2015 5008 5010 5011 5012 VTD: 121CP04 - CP04 VTD: 121CP05A - CP05A 010603: 2010 2011 2012 2013 2014 2016 2017 2018 2019 2020 2021 2022 3003 3004 010604: 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3014 3017 3018 3019 3020 3021 3026 VTD: 121CP05B - CP05B VTD: 121CP06 - CP06 010604: 3022 3023 VTD: 121CP07A - CP07A VTD: 121CP07B - CP07B

492

GENERAL ACTS AND RESOLUTIONS, VOL. I

010603: 1019 1020 1021 1048 1054 VTD: 121CP08B - CP08B 010511: 1042 1044 1060 2000 2001 2002 2003 2004 2007 VTD: 121EP01 - EP01 VTD: 121EP03 - EP03 VTD: 121EP04 - EP04 011201: 3020 3021 3022 3026 3027 3030 3031 VTD: 121EP06 - EP06 VTD: 121EP07 - EP07 VTD: 121EP08A - EP08A VTD: 121EP08D - EP08D VTD: 121EP09 - EP09 VTD: 121EP10 - EP10 VTD: 121EP11 - EP11 VTD: 121FA01A - FA01A 010400: 3064 3066 3067 3077 010513: 1099 2041 2042 2043 2044 2045 2046 2047 2048 2049 2051 2052 2053 2054 2055 2058 2059 2060 3046 3047 3048 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3069 3070 3071 3072 3078 3079 010514: 1035 1038 1039 1040 1041 1042 1045 1047 1048 1049 1050 1052 1053 1058 1068 1069 1070 1071 1072 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 2036 2037 2039 2041 2042 2047 2048 2049 2050 2051 2052 2053 2056 2058 2062 2063 2064 2065 2066 2067 2069 2078 2079 2081 2082 2083 2084 2086 2089 2090 2092 2093 2095 2096 2097 2099 2100 2101 2102 2103 2104 2105 2106 2107 2112 2113 2114 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3071 3072 3073 3074 3075 3076 3077 3078 VTD: 121FA01B - FA01B

GEORGIA LAWS 2018 SESSION

493

010514: 3069 3070 3081 VTD: 121PA01 - PA01 VTD: 121SC01 - SC01 VTD: 121SC02 - SC02 VTD: 121SC04 - SC04 VTD: 121SC05 - SC05 VTD: 121SC07 - SC07 VTD: 121SC08 - SC08 010511: 1033 1034 1035 1036 1037 1038 1039 1040 1041 1043 1045 1046 1047 1048 1049 1061 1062 2005 2006 2008 2009 2010 2011 2012 2013 2014 2015 2017 2018 2019 2020 2021 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2051 2052 2053 2054 2055 2056 2058 2062 2064 3000 3001 3002 3003 3004 3005 3007 3008 3011 3012 3013 3014 3015 010512: 1002 1003 1004 1005 1006 1007 1008 1016 1017 1024 1025 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2015 2019 2020 2035 2036 010513: 1007 1008 1063 1064 1069 1070 1071 1073 1074 1075 1077 1087 1088 1089 1090 1094 1095 1096 1097 1102 1105 1109 1110 VTD: 121SC13A - SC13A VTD: 121SC13B - SC13B VTD: 121SC14 - SC14 007805: 1016 1017 1018 1019 1022 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2029 2031 2032 007806: 2010 2011 2019 VTD: 121SC16A - SC16A VTD: 121SC16B - SC16B VTD: 121SC17 - SC17 VTD: 121SC18 - SC18 VTD: 121SC19 - SC19 010511: 1012 1013 1015 1016 1018 1024 1025 1026 1030 1031 1067

494

GENERAL ACTS AND RESOLUTIONS, VOL. I

010604: 3011 3012 3013 3015 3016 011305: 3018 3019 3020 3021 011306: 1011 1012 1032 1033 1034 1036 1037 1038 1039 1040 2019 2020 2025 2028 2029 2030 2031 2032 2033 2035 2036 2037 2038 2039 VTD: 121SC21 - SC21 010513: 2036 VTD: 121SC30 - SC30 VTD: 121UC01 - UC01 010511: 2016 2022 2023 2035 2050 2057 2059 2060 2061 2063 2065 3006 010512: 1009 1010 1011 1012 1013 1014 1015 1019 1020 1021 1022 1026 2013 2014 2016 2027 2028 2029 2030 2031 2032 2033 2034 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3019 3020 3021 3022 3023 3029 3030 010513: 1000 1002 1003 1004 1006 1010 1011 1012 1013 1014 1015 1017 1018 1027 1028 1029 1033 1034 1035 1036 1067 1068 1072 1076 1100 1101 1120 VTD: 121UC02 - UC02 010301: 1094 1096 1109 1112 1118 1120 1121 2036 2037 2041 2050 010304: 2058 2059 2062 2082 2084 2086 2088 2102 2104 2110 2111 2113 010512: 2017 2018 2021 2022 2023 2024 2025 2026 3015 3016 3017 3018 3024 3025 3026 3027 3028 010513: 1019 1020 1023 1024 1046 1047 1053 1054 1056 1057 1058 1065 1066 1079 1080 1081 1082 1083 1084 1085 1086 1091 1092 1093 1111 1112 1113 1114 1115 1116 1118 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2023 2025 2026 2027 2028 2031 2032 2033 2034 2035 2037 2038 2039 2040 2057 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039

GEORGIA LAWS 2018 SESSION

495

3040 3041 3042 3043 3044 3049 3062 3063 3064 3065 3066 3067 3068 3073 3074 3075 3076 3077 3080 010514: 1001 1007 1008 1009 1010 1011 1015 1016 1018 1020 1060 1064 VTD: 121UC03A - UC03A 010511: 3009 3010 010512: 1000 1001 1018 VTD: 121UC03B - UC03B 010512: 1023

District 009 Clayton County VTD: 063EW1 - ELLENWOOD VTD: 063FP1 - FOREST PARK 1 VTD: 063FP2 - FOREST PARK 2 VTD: 063FP3 - FOREST PARK 3 040202: 1053 1054 1055 1056 1062 1065 1066 1067 1068 1073 1074 1079 1080 040302: 3032 4016 040306: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1016 1020 040308: 1081 1082 1083 1084 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3019 040407: 1001 1002 1003 1006 1007 1008 1009 1010 1015 1016 1023 1024

496

GENERAL ACTS AND RESOLUTIONS, VOL. I

040415: 3000 VTD: 063FP4 - FOREST PARK 4 VTD: 063FP5 - FOREST PARK 5 VTD: 063FP6 - FOREST PARK 6 VTD: 063JB04 - JONESBORO 4 040611: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 3000 3011 3012 3013 3014 3016 3017 3018 3019 VTD: 063JB07 - JONESBORO 7 VTD: 063JB08 - JONESBORO 8 VTD: 063JB09 - JONESBORO 9 040415: 1016 1017 1018 1021 040611: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3015 3023 VTD: 063JB11 - JONESBORO 11 040615: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 VTD: 063JB15 - JONESBORO 15 VTD: 063JB18 - JONESBORO 18 040412: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 3014 3015 3052 3053 040609: 1000 1001 1002 1003 1004 1005 1006 1007 1009 1010 1011 2014 2015 2020 VTD: 063LC1 - LAKE CITY VTD: 063MO1 - MORROW 1 VTD: 063MO2 - MORROW 2 VTD: 063MO3 - MORROW 3 VTD: 063MO4 - MORROW 4 VTD: 063MO5 - MORROW 5 VTD: 063MO6 - MORROW 6 VTD: 063MO7 - MORROW 7 VTD: 063MO8 - MORROW 8

GEORGIA LAWS 2018 SESSION

497

VTD: 063MO9 - MORROW 9 VTD: 063OAK3 - OAK 3 040522: 2000 2001 2003 2004 2006 2007 2010 VTD: 063RD04 - RIVERDALE 4 VTD: 063RD05 - RIVERDALE 5 VTD: 063RD06 - RIVERDALE 6 VTD: 063RD07 - RIVERDALE 7 VTD: 063RD09 - RIVERDALE 9 VTD: 063RD12 - RIVERDALE 12 040523: 1016 DeKalb County VTD: 089AF - HOOPER ALEXANDER VTD: 089BB - BOULEVARD (ATL) VTD: 089BJ - BROWN'S MILL ELEMENTARY VTD: 089BL - BOULDERCREST RD VTD: 089BR - BURGESS ELEMENTARY VTD: 089CA - COLUMBIA DRIVE VTD: 089CB - CANBY LANE ELEMENTARY 023412: 1000 023506: 3020 3027 VTD: 089CC - COLUMBIA ELEMENTARY VTD: 089CD - CEDAR GROVE ELEMENTARY VTD: 089CG - CHAPEL HILL ELEMENTARY VTD: 089CL - CLIFTON ELEMENTARY VTD: 089CM - COLUMBIA MIDDLE VTD: 089CN - COAN MIDDLE VTD: 089CQ - CANDLER VTD: 089CR - CEDAR GROVE MIDDLE VTD: 089CS - CEDAR GROVE SOUTH VTD: 089CT - COVINGTON HWY L VTD: 089EA - EAST LAKE ELEM VTD: 089EB - EASTLAND VTD: 089FC - FLAT SHOALS ELEM VTD: 089FE - FLAT SHOALS PARKWAY VTD: 089FJ - FLAT SHOALS VTD: 089FK - FLAKES MILL FIRE VTD: 089FL - FLAT SHOALS LIBRARY

498

GENERAL ACTS AND RESOLUTIONS, VOL. I

VTD: 089GA - GLENNWOOD (DEC) 022800: 1001 1002 1003 1004 3003 3004 VTD: 089GC - GRESHAM PARK ELEM VTD: 089GE - GLENHAVEN ELEM VTD: 089HH - NARVIE J HARRIS VTD: 089KA - KELLEY LAKE ELEM VTD: 089KC - KELLEY CHAPEL VTD: 089KD - ML KING JR HIGH VTD: 089KE - KNOLLWOOD ELEM VTD: 089MF - MCWILLIAMS VTD: 089ML - MEADOWVIEW ELEM VTD: 089MO - MIDWAY ELEM 023102: 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2017 023107: 1017 1018 1023 1024 1025 1026 3000 3001 3002 3003 3004 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 VTD: 089MP - MCNAIR MIDDLE VTD: 089MR - BOB MATHIS ELEM VTD: 089MT - METROPOLITAN VTD: 089OK - OAKHURST (DEC) 022500: 3022 022700: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 2004 2005 2006 2007 2008 2009 2010 2011 2012 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 VTD: 089OV - OAK VIEW ELEM VTD: 089PA - PEACHCREST ELEM VTD: 089PN - PINEY GROVE VTD: 089RA - RAINBOW ELEM VTD: 089RG - ROWLAND ELEM 023112: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 3000 3001 3002 3003 3004 3005 3006 3007 3008 023115: 1001 1002 1003 1004 1005 1006 1008

GEORGIA LAWS 2018 SESSION

499

VTD: 089RN - RENFROE MIDDLE VTD: 089SG - SNAPFINGER ELEM VTD: 089SS - SNAPFINGER ROAD 023414: 1013 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 023416: 2003 2007 2008 4004 4005 4006 4009 4010 4011 4012 4013 4014 4017 4018 VTD: 089TA - TERRY MILL ELEM VTD: 089TB - TILSON ELEM VTD: 089TC - TONEY ELEM VTD: 089WA - WADSWORTH ELEM VTD: 089WB - WESLEY CHAPEL SOUTH VTD: 089WE - WHITEFOORD ELEMENTARY VTD: 089WF - WINNONA PARK ELEM 022800: 1000 1006 1008 2000 2001 2002 2003 2004 2009 2012 2013 3005 3006 3008 3009 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 022900: 3000 3001 Henry County VTD: 15125 - LOCUST GROVE 070403: 1028 1029 1041 1042 070404: 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1052 1053 1054 1055 1056 1057 1060 1061 1062 1063 1066 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2083 2084 VTD: 15126 - TUSSAHAW VTD: 15127 - SANDY RIDGE VTD: 15128 - WESTSIDE VTD: 15129 - LOWES 070306: 1027 1028 1105 1121 1122

500

GENERAL ACTS AND RESOLUTIONS, VOL. I

070404: 2001 2029 2034 VTD: 15132 - MOUNT CARMEL 070305: 1013 1014 VTD: 15133 - SPIVEY COMMUNITY 070104: 1000 1057 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 VTD: 15134 - WESLEY LAKES VTD: 15135 - MCDONOUGH VTD: 15136 - MCMULLEN VTD: 15137 - EAST LAKE VTD: 15138 - HICKORY FLAT VTD: 15139 - STOCKBRIDGE EAST VTD: 15140 - STOCKBRIDGE WEST VTD: 15141 - STAGECOACH VTD: 15142 - COTTON INDIAN VTD: 15143 - PLEASANT GROVE VTD: 15144 - AUSTIN ROAD VTD: 15145 - SWAN LAKE VTD: 15146 - SHAKERAG VTD: 15147 - ELLENWOOD VTD: 15148 - UNITY GROVE VTD: 15149 - SHILOH VTD: 15150 - PATES CREEK 070104: 1058 1061 1062 2000 2008 070305: 3000 3001 VTD: 15151 - OAKLAND 070306: 1000 1017 VTD: 15152 - LAKE DOW VTD: 15153 - FLIPPEN VTD: 15154 - STOCKBRIDGE CENTER

GEORGIA LAWS 2018 SESSION

501

VTD: 15155 - KELLEYTOWN VTD: 15156 - LIGHTHOUSE VTD: 15157 - DUTCHTOWN 070305: 1000 3011 3012 3020 3021 3024 VTD: 15158 - MT. BETHEL VTD: 15159 - GROVE PARK VTD: 15160 - LAKE HAVEN VTD: 15161 - MCDONOUGH CENTER VTD: 15162 - TIMBERRIDGE

District 010 Clayton County VTD: 063FP3 - FOREST PARK 3 040202: 1001 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1051 1052 1057 1058 1059 1060 1061 1063 1064 1070 1072 1075 1076 1091 040308: 1069 1074 1075 VTD: 063JB01 - JONESBORO 1 VTD: 063JB02 - JONESBORO 2 VTD: 063JB03 - JONESBORO 3 VTD: 063JB04 - JONESBORO 4 040611: 3020 3021 3022 040612: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1026 1027 1028 1029 1036 1043 VTD: 063JB05 - JONESBORO 5 VTD: 063JB06 - JONESBORO 6 VTD: 063JB09 - JONESBORO 9 040611: 1014 1015 1016 VTD: 063JB10 - JONESBORO 10 VTD: 063JB11 - JONESBORO 11

502

GENERAL ACTS AND RESOLUTIONS, VOL. I

040613: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2024 2027 2028 040614: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 VTD: 063JB12 - JONESBORO 12 VTD: 063JB13 - JONESBORO 13 VTD: 063JB14 - JONESBORO 14 VTD: 063JB16 - JONESBORO 16 VTD: 063JB17 - JONESBORO 17 VTD: 063JB18 - JONESBORO 18 040609: 1012 1013 1014 1015 1037 VTD: 063LJ1 - LOVEJOY 1 VTD: 063LJ2 - LOVEJOY 2 VTD: 063LJ3 - LOVEJOY 3 VTD: 063LJ4 - LOVEJOY 4 VTD: 063LJ5 - LOVEJOY 5 VTD: 063OAK1 - OAK 1 VTD: 063OAK2 - OAK 2 VTD: 063OAK3 - OAK 3 040202: 1042 1043 1044 1046 1047 1071 1077 1078 1081 1082 1083 1084 1085 1086 1092 2021 2022 040520: 1000 1001 1002 1003 1004 2000 2001 2002 3000 3001 3002 3003 3004 3005 3006 3007 040522: 2002 2005 2008 VTD: 063OAK4 - OAK 4 VTD: 063PH1 - PANHANDLE 1 VTD: 063PH2 - PANHANDLE 2 VTD: 063RD01 - RIVERDALE 1 VTD: 063RD02 - RIVERDALE 2 VTD: 063RD03 - RIVERDALE 3 VTD: 063RD08 - RIVERDALE 8 VTD: 063RD10 - RIVERDALE 10 VTD: 063RD11 - RIVERDALE 11 VTD: 063RD12 - RIVERDALE 12

GEORGIA LAWS 2018 SESSION

503

040513: 3000 3001 3002 3003 3004 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 040514: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3013 3014 3015 3016 3017 3019 3020 3021 3022 3023 3024 040515: 3004 3005 4000 040523: 1014 1015 1034 1035 1038 1039 1040 1041 1045 Coweta County Fayette County Fulton County VTD: 121CP05A - CP05A 010507: 3000 3001 3003 3015 3016 3018 3019 3023 3064 010604: 1033 3025 VTD: 121CP06 - CP06 010604: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1034 1035 3024 VTD: 121CP07B - CP07B 010603: 1049 1055 1056 1057 1058 1059 1060 1062 VTD: 121CP08A - CP08A VTD: 121CP08B - CP08B 010507: 2000 3012 3013 3014 3024 3025 3026 3027 3028 3029 3030 3032 3033 3034 3035 3036 3044 3045 3052 3053 3054 3058 3065 VTD: 121CP08C - CP08C VTD: 121FA01A - FA01A 010400: 3073 3074 3075 3076 3078 3079 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3093 3094 3095 3097 3098 3099 010510: 3092 3093 3099 3100 3101 3113 3121 3122 3123 3124 3125 3128 3129 3130 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 3147 3148 3149 3157 3161 3162

504

GENERAL ACTS AND RESOLUTIONS, VOL. I

3163 3164 3165 3166 3167 3168 3169 3170 3171 3178 3179 3180 3181 3182 3183 3184 3185 3193 3194 3195 3196 3197 3198 3199 3200 3201 3202 3203 3204 3205 3206 3207 3208 3209 3210 3213 3218 VTD: 121FA01B - FA01B 010510: 3018 3019 3020 3021 3022 3023 3024 3030 3033 3041 3081 3084 3090 3094 3095 3097 3098 3111 3117 3118 3119 3120 3126 3150 3151 3152 3153 3154 3155 3156 3158 3159 3160 3172 3173 3175 3176 3177 3191 3211 3212 3219 VTD: 121SC08 - SC08 010507: 3066 010510: 2003 4000 4001 4009 VTD: 121SC09 - SC09 VTD: 121SC10 - SC10 VTD: 121SC11 - SC11 VTD: 121SC19 - SC19 010507: 3002 3004 3005 3006 3007 3008 3009 3010 3011 3017 3020 3021 3022 VTD: 121SC21 - SC21 010510: 2019 2020 2021 3002 3004 3010 3011 3012 3013 3015 3016 3017 3025 3026 3027 3028 3029 3031 3032 3034 3035 3036 3037 3038 3039 3040 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3064 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3082 3083 3085 3086 3087 3088 3089 3091 3096 3102 3103 3104 3105 3106 3107 3108 3109 3110 3112 3114 3115 3116 3127 3174 3186 3187 3188 3189 3190 3192 3214 3215 3216 3217 3220 3221 3222 010515: 1022 1023 1024 1025 1036 1037 1038 1039 1040 1041 1042 1046 1048 VTD: 121SC23 - SC23 VTD: 121SC27 - SC27 VTD: 121SC29 - SC29 VTD: 121UC01 - UC01 010507: 3061 3062

GEORGIA LAWS 2018 SESSION

505

VTD: 121UC02 - UC02 010510: 3014 VTD: 121UC03A - UC03A 010510: 1005 1006 1007 1008 1009 1010 1011 1012 1015 1016 1029 1032 1033 1034 1035 1036 2005 2006 2007 2008 2009 2010 2011 2012 2014 2015 2016 2017 2018 2022 2023 3000 3003 3005 3006 3007 3008 3059 3063 010515: 1029 1030 1031 1032 1033 1034 1035 1043 1047 VTD: 121UC03B - UC03B 010510: 1000 2000 2001 2004 3001 3009 3056 3057 3058 3060 3061 3062 3065 4002 4007 4022 010515: 1026 1027 Henry County VTD: 15125 - LOCUST GROVE 070404: 2063 2064 2065 2079 2080 2081 2085 2087 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 070502: 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2104 2106 2109 VTD: 15129 - LOWES 070306: 1026 1029 1030 1031 1032 1033 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1151 1152 070404: 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2030 2031 2032 2033 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2082 2086

506

GENERAL ACTS AND RESOLUTIONS, VOL. I

070502: 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2063 2064 2065 2082 2083 2084 2085 2086 2100 2107 2108 VTD: 15130 - SOUTH HAMPTON VTD: 15131 - NORTH HAMPTON VTD: 15132 - MOUNT CARMEL 070305: 1005 1006 1007 1008 1009 1010 1011 1012 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 VTD: 15133 - SPIVEY COMMUNITY 070104: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1044 1045 1055 1056 1076 1077 VTD: 15150 - PATES CREEK 070104: 1037 1038 1039 1040 1041 1042 1043 1046 1047 1048 1049 1050 1051 1052 1053 1054 1059 1060 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 2001 2002 2003 2004 2005 2006 2007 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 070305: 2001 2009 2010 2011 2012 2013 2014 2015 2016 2017 3002 3003 3004 3005 3006 VTD: 15151 - OAKLAND 070306: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 1019 1020 1021 1022 1023 1024 1025 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1148 1149 1150 1153 1154 1155 1156 070502: 1000 1001 1002 3000 3007 3008 3009 3010 VTD: 15157 - DUTCHTOWN

GEORGIA LAWS 2018 SESSION

507

070305: 1001 1002 1003 1004 2000 2002 2003 2004 2005 2006 2007 2008 3007 3008 3009 3010 3013 3014 3015 3016 3017 3018 3019 3022 3023 3025 3026

Approved May 3, 2018.

__________

LAW ENFORCEMENT OFFICERS AND AGENCIES EDUCATION HEALTH MENTAL HEALTH SOCIAL SERVICES SUBPOENA
FOR PRODUCTION OF CERTAIN ELECTRONIC COMMUNICATION SERVICE RECORDS; RETENTION AND USE OF CERTAIN FINGERPRINTS.

No. 411 (Senate Bill No. 336).

AN ACT

To amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to prevent the disclosure of a subpoena issued for production of electronic communication service records for computer or electronic devices that are used in furtherance of certain offenses against minors or involving trafficking of persons for labor or sexual servitude, to the subscriber or customer; to allow the Georgia Crime Information Center to retain fingerprints of certain individuals under certain circumstances and submit such fingerprints to the Federal Bureau of Investigation; to provide for an exchange of information to certain entities; to provide for removal of fingerprints under certain circumstances; to provide for fees; to amend Titles 20, 31, 37, and 49 of the Official Code of Georgia Annotated, relating to education, health, mental health, and social services, respectively, so as to allow the Georgia Bureau of Investigation and, as authorized, the Federal Bureau of Investigation to retain fingerprints when an agency or entity is participating in the bureau's program; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

508

GENERAL ACTS AND RESOLUTIONS, VOL. I

PART I SECTION 1-1.

Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended in Code Section 35-3-4.1, relating to subpoena for production of electronic communication service records for computer or electronic device used in furtherance of certain offenses against minors, by revising subsection (a) as follows:
"(a)(1) In any investigation of a violation of Code Section 16-12-100, 16-12-100.1, or 16-12-100.2 involving the use of a computer or an electronic device in furtherance of an act related to a minor, or any investigation of a violation of Article 8 of Chapter 9 of Title 16, the director, assistant director, or deputy director for investigations shall be authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of electronic communication service or remote communication service records or other information pertaining to a subscriber or customer of such service, exclusive of contents of communications. (2) A provider of electronic communication service or remote computing service shall disclose to the bureau the:
(A) Name; (B) Address; (C) Local and long distance telephone connection records, or records of session times and durations; (D) Length of service, including the start date, and types of service utilized; (E) Telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and (F) Means and source of payment for such service, including any credit card or bank account number of a subscriber to or customer of such service. (3) A provider of electronic communication service or remote computing service shall not provide notification of the subpoena issued pursuant to paragraph (1) of this subsection to the subscriber or customer of such service."

SECTION 1-2. Said chapter is further amended by revising Code Section 35-3-4.3, relating to subpoena power for investigations of violations involving trafficking of persons for labor or sexual servitude, as follows:
"35-3-4.3. (a) In any investigation of a violation of Code Section 16-5-46 involving trafficking of persons for labor or sexual servitude, the director, assistant director, or deputy director for investigations shall be authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of books, papers, documents, or other tangible things, including records and documents contained within, or generated by, a computer or any other electronic device.

GEORGIA LAWS 2018 SESSION

509

(b) A provider of electronic communication service or remote computing service shall not provide notification of the subpoena issued pursuant to subsection (a) of this Code section to the subscriber or customer of such service. (c) Upon the failure of a person without lawful excuse to obey a subpoena, the director, assistant director, or the deputy director for investigations, through the Attorney General or district attorney, may apply to a superior court having jurisdiction for an order compelling compliance. Such person may object to the subpoena on grounds that it fails to comply with this Code section or upon any constitutional or other legal right or privilege of such person. The court may issue an order modifying or setting aside such subpoena or directing compliance with the original subpoena. Failure to obey a subpoena issued under this Code section may be punished by the court as contempt of court."

PART IA SECTION 1A-1.

Said chapter is further amended in Code Section 35-3-33, relating to the powers and duties of the Georgia Crime Information Center, by deleting "or" at the end of subparagraph (a)(1)(D), by inserting "or" at the end of subparagraph (a)(1)(E), and by adding a new subparagraph to read as follows:
"(F) Are individuals for whom fingerprint based criminal history checks are authorized by this state's or federal law for the purpose of determining suitability or fitness for employment, placement, registration, a permit, or a license for an agency or qualified entity which is participating in the federal program that allows an ongoing and continuing review of such individual's criminal history; provided, however, that such fingerprints shall be retained and maintained securely and separately from records relating to the identification of criminals, and provided, further, that the center shall not file or retain fingerprints submitted for the purpose of obtaining or renewing a weapons carry license, as such term is defined in Code Section 16-11-125.1;"

SECTION 1A-2. Said chapter is further amended in subsection (a) of Code Section 35-3-33, relating to the powers and duties of the Georgia Crime Information Center, by deleting "and" at the end of paragraph (16), by replacing the period with a semicolon at the end of paragraph (17), and by adding three new paragraphs to read as follows:
"(18) Submit fingerprints obtained pursuant to subparagraph (F) of paragraph (1) of this subsection to the Federal Bureau of Investigation for retention under the rules established by the United States Department of Justice for processing and identification of records. Such fingerprints shall be searched by future submissions to the Federal Bureau of Investigation and the center shall send appropriate responses to submitting and subscribing entities;

510

GENERAL ACTS AND RESOLUTIONS, VOL. I

(19) Remove fingerprints obtained pursuant to subparagraph (F) of paragraph (1) of this subsection within ten days of being notified that an individual whose fingerprints were retained under such program is no longer employed by, volunteering for, placed by, or registered, licensed, or permitted by the participating agency or qualified entity. It shall also remove such fingerprints when such agency or qualified entity is no longer participating in such program. The center shall also notify the Federal Bureau of Investigation of such information; and (20) Be authorized to charge an annual subscriber fee not to exceed $500.00 to any entity which is not a state agency that desires to participate in the program described in subparagraph (F) of paragraph (1) of this subsection."

PART II SECTION 2-1.

Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-1A-31, relating to records check application for potential employees and fingerprint records checks, as follows:
"20-1A-31. (a) A support center may furnish to the department a records check application for each potential employee of any licensed, commissioned, or permitted early care and education program. Before a person affiliated with a support center may become an employee of any licensed, commissioned, or permitted early care and education program, such person shall obtain a fingerprint records check determination that is satisfactory. All potential employees, excluding students currently enrolled in an early education curriculum through an accredited school of higher education, may submit evidence, satisfactory to the department, that such potential employee received a fingerprint records check determination that is satisfactory and that includes a records check determination clearance date that is no more than 12 months old, or that any employee whose fingerprint records check determination revealed a criminal record of any kind has either subsequently received a fingerprint records check determination that is satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. A student currently enrolled in an early education curriculum through an accredited school of higher education may submit evidence, satisfactory to the department, that such student received a fingerprint records check determination that is satisfactory and that includes a records check clearance date that is no more than 24 months old, or that such student whose fingerprint records check determination revealed a criminal record of any kind has either subsequently received a fingerprint records check determination that is satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. The licensed, commissioned, or permitted early care and education program shall maintain documentation in the employee's personnel file, which is available to the department upon request, and which reflects that a fingerprint records check determination that was satisfactory was

GEORGIA LAWS 2018 SESSION

511

received before the employee is allowed to reside in an early care and education program or be present at an early care and education program while children are present for care. If the fingerprint records check determination for any potential employee reveals a criminal record of any kind, such potential employee shall not be allowed to reside in an early care and education program or be present at an early care and education program while children are present for care until such potential employee has either obtained a fingerprint records check determination that is satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. If the fingerprint records check determination is unsatisfactory, the licensed, commissioned, or permitted early care and education program shall, after receiving notification of such unsatisfactory determination, take such steps as are necessary so that such person no longer resides in the early care and education program and no longer is present at an early care and education program while children are present for care. The time frames set forth in this subsection shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33. (b) Notwithstanding the limited period of portability, every person affiliated with a support center as a potential employee of a licensed or commissioned early care and education program shall undergo an additional fingerprint records check determination such that the time between such additional fingerprint records check determination and that person's previous fingerprint records check determination shall not exceed five years except when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33. (c) After the issuance of a registration, the department may require additional fingerprint records check determinations on any person affiliated with a support center during the course of a child abuse investigation involving such person or when the department has reason to believe such person has a criminal record that renders such person ineligible to reside at an early care and education program or be present at an early care and education program while children are present for care."

SECTION 2-2. Said title is further amended by adding a new subsection to Code Section 20-1A-32, relating to program license or commission applicants, records check requirements, and change of ownership, to read as follows:
"(d) The time frames set forth in this Code section shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33."

SECTION 2-3. Said title is further amended by revising subsection (b) of Code Section 20-1A-34, relating to check of fingerprints on national level, satisfactory determination prior to employment, and additional records checks, and adding a new subsection to read as follows:

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"(b) Every potential employee of the department or contractor performing duties on behalf of the department who may have any reason to be present at a licensed or commissioned early care and education program while any child is present for care must receive a fingerprint records check determination that is satisfactory or have had an unsatisfactory determination reversed in accordance with Code Section 20-1A-43 prior to being present at a licensed or commissioned early care and education program while children are present for care. Every current employee of the department who may have any reason to be present at a licensed or commissioned early care and education program while any child is present for care must receive a fingerprint records check determination that is satisfactory or have had an unsatisfactory determination reversed in accordance with Code Section 20-1A-43. Every employee of the department shall undergo an additional fingerprint records check determination such that the time between such additional fingerprint records check determination and that employee's previous fingerprint records check determination shall not exceed five years except when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33. The department shall maintain documentation in the appropriate personnel file indicating that such person has obtained such current fingerprint records check determination that is satisfactory or has had an unsatisfactory determination reversed in accordance with Code Section 20-1A-43. (c) If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention."

SECTION 2-4. Said title is further amended by revising subsection (a) of Code Section 20-1A-38, relating to change of directors and records check requirements, as follows:
"(a) If the director of a licensed, commissioned, or permitted early care and education program ceases to be the director of that early care and education program, the license holder, commission holder, or permit holder shall thereupon designate a new director. After such change, the license holder, commission holder, or permit holder of that early care and education program shall notify the department of such change and of any additional information the department may require regarding the newly designated director of that early care and education program, including a fingerprint records check application. Such individuals shall also submit all necessary applications, fees, and acceptable fingerprints to GCIC. If the department determines that such newly designated director has received a fingerprint records check determination that is satisfactory and that includes a records check clearance date that is no more than 12 months old or had an unsatisfactory determination reversed pursuant to Code Section 20-1A-43 within the prior 12 months, such determination shall be deemed to be satisfactory for purposes of this article. The time frames set forth in

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this subsection shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33."

SECTION 2-5. Said title is further amended by revising subsections (a) and (c) of Code Section 20-1A-39, relating to potential employees, current employees and directors, records check requirements, satisfactory records check, and liability for hiring ineligible employee, as follows:
"(a) Before a person may become an employee of any early care and education program after that early care and education program has received a license or commission, that early care and education program shall require that person to obtain a fingerprint records check determination that is satisfactory. All potential employees, excluding students currently enrolled in an early education curriculum through an accredited school of higher education, may submit evidence, satisfactory to the department, that the potential employee received a fingerprint records check determination that is satisfactory and that includes a records check clearance date that is no more than 12 months old, or that any potential employee whose fingerprint records check revealed a criminal record of any kind has either subsequently received a fingerprint records check determination that is satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. A student currently enrolled in an early education curriculum through an accredited school of higher education may submit evidence, satisfactory to the department, that the student received a fingerprint records check determination that is satisfactory and that includes a records check clearance date that is no more than 24 months old, or that such student whose fingerprint records check revealed a criminal record of any kind has either subsequently received a fingerprint records check determination that is satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. The licensed or commissioned early care and education program shall maintain documentation in the employee's personnel file, which is available to the department upon request, which reflects that a fingerprint records check determination that is satisfactory was received before the employee is eligible to reside at an early care and education program or be present at a licensed or commissioned early care and education program while children are present for care. If the fingerprint records check determination for any potential employee reveals a criminal record of any kind, such potential employee shall be ineligible to reside at an early care and education program or be present at an early care and education program while children are present for care until such potential employee has either obtained a fingerprint records check determination that is satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. If the fingerprint records check determination is unsatisfactory, the licensed or commissioned early care and education program shall, after receiving notification of such unsatisfactory determination, take such immediate steps as are necessary so that such person no longer resides at the early care and education program or is no longer present at the early care and education program

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while children are present for care. The department shall revoke the license or commission of an early care and education program if the early care and education program fails to comply with the requirements of this Code section. The time frames set forth in this subsection shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33." "(c) Effective January 1, 2019, every employee and director of any licensed or commissioned early care and education program shall undergo an additional fingerprint records check determination such that the time between such additional fingerprint records check determination and that employee's or director's previous fingerprint records check determination shall not exceed five years except when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33. The early care and education program shall maintain documentation in the appropriate personnel file, which is available to the department immediately upon request, indicating that such person has obtained such current fingerprint records check determination that is satisfactory or has had an unsatisfactory determination reversed in accordance with Code Section 20-1A-43. The department shall revoke the license or commission of an early care and education program if the early care and education program fails to comply with the requirements of this Code section."

SECTION 2-6. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new subsection to Code Section 31-2-9, relating to records check requirement for certain health care facilities, definitions, use of information gathered in investigation, penalties for unauthorized release or disclosure, and rules and regulations, to read as follows:
"(g) If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention."

SECTION 2-7. Said title is further amended by adding a new subsection to Code Section 31-2A-7, relating to "conviction data" defined, department authorized to receive data from law enforcement relevant to employment decisions, and criminal history information, to read as follows:
"(h) If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention."

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SECTION 2-8. Said title is further amended by revising Code Section 31-7-254, relating to transmission of director's fingerprints to Georgia Crime Information Center for review and notification to department of findings, as follows:
"31-7-254. After issuing a temporary license based upon a preliminary records check determination of the director that is satisfactory under Code Section 31-7-253, the department shall transmit to GCIC both sets of fingerprints and the records search fee from that director's records check application. Upon receipt thereof, GCIC shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within 75 days after receiving fingerprints acceptable to GCIC, the application, and fee, GCIC shall notify the department in writing of any derogatory finding, including but not limited to any criminal record, of the fingerprint records check or if there is no such finding. If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention."

SECTION 2-9. Said title is further amended by revising Code Section 31-7-258, relating to change of facility director, notification to department, and effect of department determination, as follows:
"31-7-258. (a) If the director of a facility which has been issued a regular license ceases to be the director of that facility, the licensee shall thereupon designate a new director. After such change, the licensee of that facility shall notify the department of such change and of any additional information the department may require regarding the newly designated director of that facility. Such information shall include but not be limited to any information the licensee may have regarding preliminary or fingerprint records check determinations regarding that director. After receiving a change of director notification, the department shall make a written determination from the information furnished with such notification and the department's own records as to whether a satisfactory or unsatisfactory preliminary or fingerprint records check determination has ever been made for the newly designated director. If the department determines that such director within 12 months prior thereto has had a fingerprint records check determination that is satisfactory, such determination shall be deemed to be a satisfactory fingerprint records check determination as to that director. The license of that facility shall not be adversely affected by that change in director and the licensee shall be so notified. The time frames set forth in this subsection shall not apply

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when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33. (b) If the department determines under subsection (a) of this Code section that there has ever been a preliminary or fingerprint records check determination of the newly designated director that was unsatisfactory, the personal care home and that director shall be notified thereof. The license for that director's facility shall be indefinitely suspended unless the personal care home designates another director for whom it has not received or made an unsatisfactory determination and proceeds pursuant to the provisions of this Code section relating to a change of director. (c) If the department determines under subsection (a) of this Code section that there has been no fingerprint records check determination regarding the newly designated director within the immediately preceding 12 months, the department shall so notify the personal care home. The personal care home shall furnish to the department the records check application of the newly designated director or the license of that facility shall be indefinitely suspended. If that records check application is so received, unless the department has within the immediately preceding 12 months made a preliminary records check determination that is satisfactory regarding the newly designated director, the department shall perform a preliminary records check and determination of the newly designated director; and the applicant and that director shall be notified thereof. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section regarding procedures after notification shall apply. If that determination is satisfactory, the department shall perform a fingerprint records check and determination for that director as provided in Code Sections 31-7-254 and 31-7-255. If that determination is satisfactory, the personal care home and director for whom the determination was made shall be so notified, and the license for the facility at which that person is the newly designated director shall not be adversely affected by that change of director. If that determination is unsatisfactory, the provisions of subsection (b) of this Code section shall apply. The time frames set forth in this subsection shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33."

SECTION 2-10. Said title is further amended by adding a new subsection to Code Section 31-7-259, relating to preliminary records check determination, suspension or revocation of license, refusal to issue regular license, fingerprint check, employment history, director's criminal liability, exempt employees, mitigating factors in criminal records check, and civil penalty, to read as follows:
"(n) If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section

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for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention."

SECTION 2-11. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by adding a new subsection to Code Section 37-1-28, relating to conviction data, to read as follows:
"(g) If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention."

SECTION 2-12. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by adding a new subsection to Code Section 49-2-14, relating to record search for conviction data on prospective employees, to read as follows:
"(i) If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention."

SECTION 2-13. Said title is further amended by adding a new subsection to Code Section 49-2-14.1, relating to definitions and records check requirement for licensing certain facilities, to read as follows:
"(g) If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention."

SECTION 2-14. Said title is further amended by revising Code Section 49-5-62, relating to records check application for director of new facility and preliminary records check for employees, as follows:
"49-5-62. (a) Accompanying any application for a new license for a facility, the applicant shall furnish to the department a records check application for the director and a preliminary records check for each employee of such facility that is satisfactory. In lieu of such records check applications, the applicant may submit evidence, satisfactory to the department, that

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within the immediately preceding 12 months the director received satisfactory state and national fingerprint records check determinations that were satisfactory and each employee received a preliminary records check determination that was satisfactory, or that any employee other than the director whose preliminary records check revealed a criminal record of any kind has either subsequently received state and national fingerprint records check determinations that were satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section 49-5-73. The department may either perform preliminary records checks under agreement with GCIC or contract with GCIC and appropriate law enforcement agencies which have access to GCIC information to have those agencies perform for the department a preliminary records check for each preliminary records check application submitted thereto by the department. Either the department or the appropriate law enforcement agencies may charge reasonable fees for performing preliminary records checks. (b) If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention. The time frames set forth in this Code section shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33."

SECTION 2-15. Said title is further amended by revising Code Section 49-5-63, relating to notice of determination, issue of license, and effect of unsatisfactory determination, as follows:
"49-5-63. After being furnished the required records check application under Code Section 49-5-62, the department shall notify in writing the license applicant as to each person for whom an application was received regarding whether the department's determination as to that person's state fingerprint records check was satisfactory or unsatisfactory. If the preliminary records check determination was satisfactory as to each employee of an applicant's facility and the state fingerprint records check was satisfactory as to the director, that applicant may be issued a license for that facility if the applicant otherwise qualifies for a license under Article 1 of this chapter. If the state or national fingerprint records check determination was unsatisfactory as to the director of an applicant's facility, the applicant shall designate another director for that facility after receiving notification of the determination and proceed under Code Section 49-5-62 and this Code section to obtain state and national fingerprint records checks for that newly designated director. If the preliminary records check for any employee other than the director revealed a criminal record of any kind, such employee shall not be allowed to work in the center until he or she either has obtained state and national fingerprint records check determinations that are satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section 49-5-73. If the determination was

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unsatisfactory as to any employee of an applicant's facility, the applicant shall, after receiving notification of that determination, take such steps as are necessary so that such person is no longer an employee. Any employee other than the director who receives a preliminary records check determination that is satisfactory shall not be required to obtain a fingerprint records check when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, unless such an employee has been designated as a director or as permitted by the provisions of subsection (c) of Code Section 49-5-69."

SECTION 2-16. Said title is further amended by revising Code Section 49-5-64, relating to fingerprint records check, as follows:
"49-5-64. (a) The department shall transmit to GCIC both sets of fingerprints and the records search fee from each fingerprint records check application. Upon receipt thereof, GCIC shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to GCIC, the application, and fee, GCIC shall notify the department in writing of any derogatory finding, including but not limited to any criminal record, of the state fingerprint records check 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 national fingerprint records determination. (b) If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention."

SECTION 2-17. Said title is further amended by adding a new subsection to Code Section 49-5-68, relating to change of director, to read as follows:
"(d) The time frames set forth in this Code section shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33."

SECTION 2-18. Said title is further amended by adding a new subsection to Code Section 49-5-69.1, relating to fingerprint and preliminary records check for foster homes, notice of results, violations, and foster parents known to have criminal records, to read as follows:

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"(f) If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention. The time frames set forth in this Code section shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33."

SECTION 2-19. Said title is further amended by revising subsection (c) of Code Section 49-5-111, relating to employers authorized to make records checks and procedure, as follows:
"(c) If the employer is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this article for such program and the employer shall notify the individual whose fingerprints were taken of the parameters of such retention."

PART III SECTION 3-1.

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

Approved May 6, 2018.

__________

COMMERCE AND TRADE UNIFORM POWER OF ATTORNEY ACT; COMPREHENSIVE REVISION.

No. 412 (House Bill No. 897).

AN ACT

To amend Chapter 6B of Title 10 of the Official Code of Georgia Annotated, relating to the "Uniform Power of Attorney Act," so as to revise the short title; to provide for definitions; to change provisions relating to applicability; to change provisions relating to the execution of a power of attorney and the effect of a photocopy of it; to clarify provisions relating to the incapacity of a principal; to change provisions relating to the termination of a power of attorney; to clarify the role of a successor agent; to change provisions relating to actions of agents; to change provisions relating to a petition for construction of a power of attorney; to change provisions relating to acceptance of and reliance upon a power of attorney; to change

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provisions relating to liability for refusal to accept a power of attorney; to change provisions relating to an agent's authority that requires a specific grant or authority and granting general authority; to add a provision relating to the authority of an agent; to change provisions related to the operation of an entity or business; to add provisions relating to an agent's authority relating to estates, trusts, and other beneficial interests; to change provisions relating to an agent's authority relating to personal and family maintenance; to change provisions relating to an agent's authority relating to gifts; to revise the form power of attorney; to change provisions relating to the application of Chapter 6 of this title; to update cross-references to federal law; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 6B of Title 10 of the Official Code of Georgia Annotated, relating to the "Uniform Power of Attorney Act," so as to revise Code Section 10-6B-1, relating to the short title, as follows:
"10-6B-1. This chapter shall be known and may be cited as the 'Georgia Power of Attorney Act.'"

SECTION 2. Said chapter is further amended by adding a new paragraph to Code Section 10-6B-2, relating to definitions, to read as follows:
"(3.1) 'Gift' means a transfer of property for less than adequate consideration in money or money's worth that is not a renunciation within the meaning of Code Section 53-1-20."

SECTION 3. Said chapter is further amended by revising Code Section 10-6B-3, relating to applicability and exclusions, as follows:
"10-6B-3. 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) Any delegation of voting, management, or similar rights related to the governance or administration of an entity or business, including, but not limited to, delegation of voting or management rights; (4) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose; (5) Powers of attorney that only grant authority with respect to a single transaction or series of related transactions involving real estate;

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(6) Powers of attorney provided for under Titles 19 and 33; and (7) As set forth in Code Section 10-6B-81."

SECTION 4. Said chapter is further amended by revising Code Section 10-6B-5, relating to the execution of a power of attorney, as follows:
"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 a competent witness who is not also named as an agent in the power of attorney being attested; and (3) Attested as set forth in Code Section 44-2-15, in the presence of the principal, by an individual who is not a witness for purposes of paragraph (2) of this subsection and who is not also named as an agent in the power of attorney being attested. (b) The individuals provided for in paragraphs (2) and (3) of subsection (a) of this Code section shall not be required to attest to the signature of any person other than the principal or the individual signing at the principal's express direction."

SECTION 5. Said chapter is further amended by revising Code Section 10-6B-6, relating to the validity of power of attorney and the effect of a photocopy, as follows:
"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) 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, 2018. (c) 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, a power of attorney shall be in a form that complies with Part 1 of Article 1 of Chapter 2 of Title 44."

SECTION 6. Said chapter is further amended by adding a new subsection to Code Section 10-6B-8, relating to the nomination of a conservator and the relationship of the agent to a court-appointed fiduciary, to read as follows:

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"(d) A finding by a court that a principal is incapacitated for purposes of this chapter shall neither constitute a determination of nor create a presumption regarding such principal's need for a guardian or conservator under Title 29."

SECTION 7. Said chapter is further amended in Code Section 10-6B-10, relating to the termination of a power of attorney and agent's authority and a third party reliance, by revising subsections (a) and (b) and adding a new subsection to read as follows:
"(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; (4) The principal revokes the agent's authority or the agent resigns, becomes incapacitated, or dies and the power of attorney does not provide for another agent to act under such power of attorney; (5) The power of attorney provides that it terminates; or (6) The purpose of the power of attorney is accomplished.
(b) An agent's authority shall terminate when: (1) The agent resigns, becomes incapacitated, or dies; (2) The principal revokes the agent's authority; (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."
"(g) Nothing in this Code section shall prevent a principal who notifies an agent of the revocation of the agent's authority or power of attorney by certified mail or statutory overnight delivery from filing such notification and evidence of its receipt by the agent with the clerk of superior court in the county of the principal's domicile for the purposes of establishing such agent had knowledge of the principal's revocation."

SECTION 8. Said chapter is further amended by revising paragraph (2) of subsection (b) of Code Section 10-6B-11, relating to the designation of coagents, the role of a successor agent, and notification of violation, as follows:
"(2) An agent who has been incapacitated for more than six months shall not resume acting as an agent pursuant to the power of attorney that created the agency during which the agent became incapacitated."

SECTION 9. Said chapter is further amended by revising subsection (a) of Code Section 10-6B-14, relating to actions of agents, as follows:

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"(a) Notwithstanding provisions in the power of attorney, an agent that has accepted: (1) Appointment shall act 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) Appointment shall act in good faith; (3) Appointment shall act only within the scope of authority granted in the power of attorney; and (4) Delegation of fiduciary powers under paragraph (7) of subsection (a) of Code Section 10-6B-40, shall have the same duties and liabilities as the principal with respect to such fiduciary powers."

SECTION 10. Said chapter is further amended by revising Code Section 10-6B-16, relating to the petition for construction of power of attorney or role of agent, as follows:
"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, personal representative, or other fiduciary acting for the principal or for the principal's estate; (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) If a petition under this Code section was in the best interest of the principal and the agent admitted to a violation of this chapter or a court found that such agent violated this chapter, a court may order the principal to reimburse the persons, other than a governmental agency, who made such petition for part or all of the reasonable attorney's fees and expenses of litigation incurred by such persons, provided that such fees and expenses were not imposed on the agent, were related to the agent's violation of this chapter, and were reasonable in the context of the agent's misconduct and the general circumstances of the principal. (c) 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."

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SECTION 11. Said chapter is further amended by revising Code Section 10-6B-19, relating to acceptance of and reliance upon a power of attorney, as follows:
"10-6B-19. (a) As used in this Code section, the term 'attested power of attorney' means a power of attorney that was purportedly attested as set forth in Code Section 44-2-15. (b) A person that in good faith accepts an attested 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. (c) A person that in good faith accepts an attested power of attorney without actual knowledge that such 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 such power of attorney as if it 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. (d) A person that is asked to accept an attested 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 such power of attorney; (2) An English translation of such power of attorney if it contains, in whole or in part, language other than English; and (3) An opinion of an attorney as to any matter of law concerning such power of attorney if the person making the request provides in a writing or other record the reason for the request. (e) 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 an attested power of attorney is presented for acceptance. (f) For purposes of this Code section, a person that conducts activities through employees shall be without actual knowledge of a fact relating to an attested power of attorney, a principal, or an agent if the employee conducting the transaction involving such power of attorney is without actual knowledge of the fact."

SECTION 12. Said chapter is further amended by revising Code Section 10-6B-20, relating to liability for refusal to accept a power of attorney, as follows:
"10-6B-20. (a) As used in this Code section, the term:
(1) 'Attested statutory form power of attorney' means a statutory form power of attorney that was purportedly attested as set forth in Code Section 44-2-15. (2) 'Statutory form power of attorney' means a power of attorney:
(A) Substantially in the form set forth in Code Section 10-6B-70;

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(B) That meets the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, in effect on February 1, 2018; or (C) That substantially reflects the language in the form set forth in Code Section 10-6B-70. (b) For purposes of: (1) Subparagraph (a)(2)(C) of this Code section, a power of attorney shall be deemed to substantially reflect the language in the form set forth in Code Section 10-6B-70 if it: (A) Grants or withholds authority for each of the descriptive terms for the subjects described in Code Sections 10-6B-43 through 10-6B-56, either by reference to the descriptive terms or citation to the specific Code sections; (B) Grants or withholds authority for each of the powers described in subsection (a) of Code Section 10-6B-40, either by reference to the powers or citation to such subsection; and (C) Contains a provision substantially similar to the following: '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.'; and (2) Subparagraphs (1)(A) and (1)(B) of this subsection, a power of attorney shall be deemed to satisfy the requirement to grant authority with respect to a subject described in Code Sections 10-6B-43 through 10-6B-56 and a power described in subsection (a) of Code Section 10-6B-40, so long as it grants some authority with respect to such subject or power and regardless of whether it modifies the authority granted with respect to such subject or power under Code Sections 10-6B-43 through 10-6B-56 and subsection (a) of Code Section 10-6B-40. (c) Except as otherwise provided in subsection (d) of this Code section: (1) A person shall either accept an attested statutory form power of attorney or request a certification, a translation, or an opinion of an attorney under subsection (d) of Code Section 10-6B-19 no later than seven business days after presentation of such power of attorney for acceptance; (2) If a person requests a certification, a translation, or an opinion of an attorney under subsection (d) of Code Section 10-6B-19, the person shall accept the attested statutory form power of attorney no later than five business days after receipt of the certification, translation, or opinion of an attorney; and (3) A person shall not require an additional or different form of the attested statutory form power of attorney for authority granted in the document presented. (d) A person shall not be required to accept an attested 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 such power of attorney before exercise of such power of attorney;

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(4) A request for a certification, a translation, or an opinion of an attorney under subsection (d) of Code Section 10-6B-19 is refused; (5) The person in good faith believes that such power of attorney 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 (d) 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. (e) A person that refuses to accept an attested statutory form power of attorney in violation of this Code section shall be subject to: (1) A court order mandating acceptance of such 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 such power of attorney. (f) For purposes of this Code section, a person that conducts activities through employees shall be without actual knowledge of a fact relating to an attested statutory form power of attorney, a principal, or an agent if the employee conducting the transaction involving such power of attorney is without actual knowledge of the fact."

SECTION 13. Said chapter is further amended by revising Code Section 10-6B-40, relating to an agent's authority that requires a specific grant and granting of general authority, as follows:
"10-6B-40. (a)(1) 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: (A) Create, fund, amend, revoke, or terminate an inter vivos trust; (B) Make a gift; (C) Create or change rights of survivorship; (D) Create or change a beneficiary designation; (E) Authorize another person to exercise authority granted under the power of attorney; (F) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; (G) Exercise fiduciary powers, other than those associated with an ownership interest as provided under paragraph (14) of Code Section 10-6B-48, that the principal has authority to delegate;

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(H) Exercise authority over the content of electronic communications, as defined in 18 U.S.C. Section 2510(12), in effect on February 1, 2018, sent or received by the principal; or (I) Renounce an interest in property, including a power of appointment. (2) A failure to grant authority under subparagraphs (1)(A) through (1)(D) of this subsection shall not prevent an agent from accessing information, depositing money, or withdrawing money, pursuant to the agent's other authority and in accordance with the agent's duties to the principal, from a revocable trust or an account or other banking arrangement with a bank or other financial institution. (b) Notwithstanding a grant of authority: (1) 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; and (2) To exercise a fiduciary power described in subparagraph (a)(1)(G), an agent may only exercise those fiduciary powers of the principal that are expressly and clearly identified in the power of attorney. In identifying such fiduciary powers, the principal shall specify the persons for which the principal acts as a fiduciary. If such persons are not individuals, the principal shall specify only the estate, trust, or other legal or commercial entity for which the principal acts as a fiduciary. With respect to such an entity, the principal shall not be required to specify additional persons such as beneficiaries, members, partners, or other similar persons. (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. (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. (h) A power of attorney shall not authorize an agent to: (1) Execute or revoke any will or codicil for the principal;

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(2) Make an affidavit as to the personal knowledge of the principal; or (3) Vote in any public election on behalf of the principal."

SECTION 14. Said chapter is further amended by revising paragraphs (9) and (10) of Code Section 10-6B-42, relating to construction of authority of agent generally, as follows:
"(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; (10) Exercise all authority over digital assets for which an express grant by the principal is not required; and (11) Do any lawful act with respect to the subject and all property related to the subject."

SECTION 15. Said chapter is further amended in Code Section 10-6B-48, relating to the operation of an entity or business, by deleting "and" at the end of paragraph (12), by replacing the period with "; and" at the end of paragraph (13), and by adding a new paragraph (14) to read as follows:
"(14) Exercise the principal's fiduciary powers associated with an ownership interest."

SECTION 16. Said chapter is further amended by revising paragraphs (7) and (8) of Code Section 10-6B-50, relating to estates, trusts, and other beneficial interests, as follows:
"(7) Create, amend, and revoke a revocable trust so long as the terms of the trust only authorize distributions that would be allowable under the power of attorney if the principal held the trust assets outright and provide for the distribution of all trust assets to the principal's estate upon the principal's death; (8) 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 or as described in paragraph (7) of this Code section; and (9) With respect to a bona fide dispute, consent to a reduction in or modification of a share in or payment from an estate, trust, or other beneficial interest."

SECTION 17. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 10-6B-52, relating to personal and family maintenance, as follows:
"(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;

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(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 or indicated a clear intent to make such payments; (D) The principal's minor dependents who are not also the principal's children, if the principal had established a pattern of such payments or indicated a clear intent to make such payments; (E) The principal's adult descendants who are under 25 years of age, not the principal's children, and pursuing a postsecondary school education, if the principal had established a pattern of such payments or indicated a clear intent to make such payments; and (F) Any other individuals legally entitled to be supported by the principal;"

SECTION 18. Said chapter is further amended by revising Code Section 10-6B-56, relating to gifts, as follows:
"10-6B-56. (a) As used in this Code section, the term:
(1) 'For the benefit of' means a a gift to a trust, an account under the Uniform Transfers to Minors Act, 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,, 2018 or an ABLE account as defined under Internal Revenue Code Section 529A, 26 U.S.C. Section 529A, in effect on February 1, 2018. (2) 'Gift splitting' means the election to have a gift treated as made one-half by the transferor and one-half by the spouse pursuant to Internal Revenue Code Section 2513, 26 U.S.C. Section 2513, in effect on February 1, 2018. (3) 'Section 2503(b) amount' means the federal gift tax exclusion under Internal Revenue Code Section 2503(b), 26 U.S.C. Section 2503(b), in effect on February 1, 2018, indexed for future years under the provisions in effect on February 1, 2018. (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 the following amounts, without regard to whether the federal gift tax exclusion applies to the gift;
(A) If the principal is not married or is legally separated at the time of the gift, in an amount per donee not to exceed the Section 2503(b) amount; or (B) If the principal is married and not legally separated at the time of the gift, in an amount per donee not to exceed twice the Section 2503(b) amount; and (2) Consent to gift splitting if the principal has a spouse for purposes of gift splitting.

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(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."

SECTION 19. Said chapter is further amended by revising Code Section 10-6B-70, relating to the form power of attorney, as follows:
"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 in the Special Instructions, 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.

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.

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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: ________________________________________ 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: _________________________________________

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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 agent. You should give your agent specific instructions in the Special Instructions when you authorize your agent to make gifts.)

(___) Create, fund, 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

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(___) 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 (___) Exercise authority over the content of electronic communications sent or received by the principal (___) Exercise fiduciary powers that the principal has authority to delegate and that are expressly and clearly identified (including the persons for which the principal acts as a fiduciary) in the Special Instructions (___) Renounce 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)

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: _____________________________________________________________________

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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 or acknowledged in my presence on ____________________, (Date)
by ____________________________________. (Name of principal)
______________________________________. (Witness's signature)
______________________________________. (Witness's name printed)
_____________________________________________ _____________________________________________ Witness's address _____________________________________________ Witness's telephone number _____________________________________________ Witness's e-mail address

State of Georgia County of ___________________________

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This document was signed or acknowledged 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:

( Principal's name ) by ( Your signature ) as Agent.

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; (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.

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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; (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.'"

SECTION 20. Said chapter is further amended by revising Code Section 10-6B-71, relating to the optional form for agent certification of facts, as follows:
"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 ________________________

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 __________________________.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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 or acknowledged in my presence on ____________________, (Date)

by ______________________________________ (Name of agent)

_________________________________________ Signature of notary My commission expires: ________________________

(Seal)

This document prepared by: _________________________________________________.'"

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SECTION 21. Said chapter is further amended by revising Code Section 10-6B-81, relating to the application of Chapter 6, as follows:
"10-6B-81. (a) Code Section 10-6B-19 shall apply retroactively to powers of attorney created before July 1, 2018. The remainder of this chapter shall not apply to a power of attorney executed before July 1, 2017. (b) When Code Section 10-6B-3 applies to a power of attorney, Chapter 6 of this title shall not apply to such power of attorney. (c) When, other than Code Section 10-6B-19, this chapter does not apply to a power of attorney:
(1) It shall not affect the application of Chapter 6 of this title; and (2) The former provisions of Article 7 of Chapter 6 of this title, as such existed on June 30, 2017, shall remain applicable."

SECTION 22. Said chapter is further amended by replacing "February 1, 2017" with "February 1, 2018" wherever the former occurs in: (1) Code Section 10-6B-9, relating to when power of attorney effective; (2) Code Section 10-6B-22, relating to laws applicable to financial institutions and entities; (3) Code Section 10-6B-52, relating to personal and family maintenance; (4) Code Section 10-6B-54, relating to retirement plans; and (5) Code Section 10-6B-55, relating to taxes.

SECTION 23. All laws and parts of laws in conflict with this Act are repealed.

Approved May 7, 2018.

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CRIMES AND OFFENSES PROVIDING FIREARMS TO CERTAIN PERSONS ON PROBATION OR ARE CONVICTED FELONS.

No. 413 (House Bill No. 657).

AN ACT

To amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding dangerous instrumentalities and practices, so as to make unlawful the knowing and intentional provision of any firearm for the purpose of providing such firearm to any person known to be on probation as a felony first offender or to have been convicted of a felony; to provide for exceptions; to provide for criminal penalties; to provide for an affirmative defense; 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 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding dangerous instrumentalities and practices, is amended by revising Code Section 16-11-113, relating to offense of transferring firearm to individual other than actual buyer, as follows:
"16-11-113. (a) Any person who attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm other than to the actual buyer, as well as any other person who willfully and intentionally aids or abets such person, 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.
(b)(1) Any person who knowingly and intentionally provides a firearm to any other person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42 or to any person who has been convicted of a felony by a court of this state or any other state 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; provided, however, that upon a second or subsequent conviction, such person shall be punished by imprisonment for not less than five nor more than ten years. (2) Nothing in this subsection shall be construed as requiring a provider of a firearm to affirmatively confirm that a person to whom a firearm is provided is not a felony first offender or a person who has been convicted of a felony.

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(3) This subsection shall not apply to any person providing a firearm to any other person who has been:
(A) Pardoned for the felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitutions or laws of any other state of the United States or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, or transport a firearm; or (B) Otherwise granted relief from the disabilities of Code Section 16-11-131 pursuant to subsections (c) and (d) of such Code section. (c) This Code section shall not apply to a federal law enforcement officer or a peace officer, as defined in Code Section 16-1-3, in the performance of his or her official duties or other person under such officer's direct supervision."

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

Approved May 7, 2018.

__________

CONSERVATION AND NATURAL RESOURCES GEORGIA OUTDOOR STEWARDSHIP ACT.

No. 415 (House Bill No. 332).

AN ACT

To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to repeal and reenact Chapter 6A, relating to land conservation; to provide for a short title; to create the Georgia Outdoor Stewardship Trust Fund; to create funding mechanisms for the protection of conservation lands and to provide for their operation; to provide for legislative intent; to provide for definitions; to establish procedural requirements for approval of project proposals; to provide for reporting requirements; to establish a board of trustees for the trust fund, with terms of office, meeting requirements, and guidelines for prioritizing project applications; to provide for the promulgation of rules and regulations; to provide for annual grants for counties eligible through Outdoor Stewardship Trust Fund land acquisitions; to provide for limits and restrictions to grants; to provide for related matters; to provide for an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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 repealing Chapter 6A, relating to land conservation, and enacting a new Chapter 6A to read as follows:

"CHAPTER 6A

12-6A-1. This chapter shall be known and may be cited as the 'Georgia Outdoor Stewardship Act.'

12-6A-2. This chapter is enacted pursuant to Article III, Section IX, Paragraph VI(p) of the Constitution, which authorizes up to 80 percent of all moneys received by the state from the sales and use tax collected by outdoor recreation equipment establishments classified under the 2007 North American Industry Classification Code 451110, sporting goods stores in the immediately preceding fiscal year to be dedicated to the Georgia Outdoor Stewardship Trust Fund for the purpose of funding the protection of conservation land.

12-6A-3. The intent of this chapter is to provide stewardship for state parks, state lands, and wildlife management areas; support local parks and trails; and protect critical conservation land.

12-6A-4. As used in this chapter, the term:
(1) 'Conservation land' means land and water, or interests therein, that are in their undeveloped, natural states or that have been developed only to the extent consistent with, or are restored to be consistent with, at least one of the following environmental values or conservation benefits:
(A) Water quality protection for wetlands, rivers, streams, or lakes; (B) Protection of wildlife habitat; (C) Protection of cultural sites, heritage corridors, and archeological and historic resources; (D) Protection of land around Georgia's military installations to ensure that missions are compatible with surrounding communities and that encroachment on military installations does not impair future missions; (E) Support of economic development through conservation projects; or (F) Provision for recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, or similar outdoor activities.

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(2) 'Costs of acquisition' means all direct costs of activities which are required by applicable state laws and local ordinances or policies in order to convey a conservation easement, or to obtain fee simple or other lesser interests in real property, to a holder who will ensure the permanent protection of the property as conservation land; provided, however, that such costs shall not include any costs for services provided in violation of Chapter 40 of Title 43. (3) 'Nongovernmental entity' means a nonprofit organization primarily concerned with the protection and conservation of land and natural resources, as evidenced by its organizational documents. (4) 'Outdoor recreation equipment establishments' means places of business classified under the 2007 North American Industry Classification Code 451110, sporting goods stores. (5) 'Permanently protected conservation areas' means those resources:
(A) Owned by the federal government and dedicated for recreation or conservation or as a natural resource; (B) Owned by the State of Georgia and dedicated for recreation or conservation or as a natural resource; (C) Owned by a state or local unit of government or authority and subject to:
(i) A conservation easement ensuring that the property will be maintained in a manner consistent with conservation land; (ii) Contractual arrangements ensuring that, if the protected status is discontinued on a parcel, such property will be replaced by other conservation land which at the time of such replacement is of equal or greater monetary and resource protection value; or (iii) A permanent restrictive covenant as provided in subsection (c) of Code Section 44-5-60; or (D) Owned by any person or entity and subject to a conservation easement ensuring that the property will be maintained in a manner consistent with conservation land. (6) 'Project proposal' means any application seeking moneys from the Georgia Outdoor Stewardship Trust Fund.

12-6A-5. (a) There is established the Georgia Outdoor Stewardship Trust Fund as a separate fund in the state treasury. Except as provided in subsections (c) and (d) of this Code section, the state treasurer shall credit to the trust fund 40 percent of all moneys received by the state from the sales and use tax collected by establishments classified under the 2007 North American Industry Classification Code 451110, sporting goods stores, in the immediately preceding year. (b) Such funds shall not lapse to the general fund. Such funds shall be used to support the protection and conservation of land and shall be used to supplement, not supplant, department resources.

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(c)(1) In the event that, in any current year, the immediately preceding year's total moneys received from the levy of a sales and use tax fall at least 1 percent below the total moneys received from the levy of the tax in the year prior to the immediately preceding year, then the amount that the state treasurer shall credit to the trust fund during the current year shall be reduced by 20 percent of the trust fund credit, which amount shall instead be paid into the state general fund. (2) In the event that, in a year following the year of an initial trust fund credit reduction pursuant to paragraph (1) of this subsection, the immediately preceding year's total moneys received from the levy of a sales and use tax fall at least 1 percent below the total moneys received from the levy of the tax in the year prior to the immediately preceding year, then the amount that the state treasurer shall credit to the trust fund during the current year shall be reduced by 50 percent of the trust fund credit, which amount shall instead be paid into the state general fund. (d) In any current year following a year for which the amount paid to the trust fund is reduced in accordance with subsection (c) of this Code section, the same percentage shall be paid into the state general fund as in the immediately preceding year unless the total moneys received from the levy of the sales and use tax in the immediately preceding year equal or exceed the total moneys received from the levy of the sales and use tax in the most recent year in which no reduction in the amount paid to the trust fund occurred pursuant to subsection (c) or (d) of this Code section.

12-6A-6. (a) From within the Georgia Outdoor Stewardship Trust Fund, moneys shall be made available in each fiscal year for grants to any city, county, department, agency, or nongovernmental entity of this state having a project proposal which has been approved by the department. As a condition of eligibility for any such grant, a project proposal shall have as its primary purpose one of the following conservation objectives:
(1) To support state parks and trails. Funds disbursed for the purposes of this paragraph shall be used to aid in the improvement and maintenance of currently owned state parks and trails; (2) To support local parks and trails of state and regional significance. Funds disbursed for purposes of this paragraph shall be grants to local governments to acquire and improve parks and trails within the jurisdiction and under the control of such local governments; (3) To provide stewardship of conservation land. Funds disbursed for purposes of this paragraph shall be used for maintenance or restoration projects of the department to enhance public access, use, or safe enjoyment of permanently protected conservation land; or
(4)(A) To acquire critical areas for the provision or protection of clean water, wildlife, hunting, or fishing, for military installation buffering, or for natural resource-based outdoor recreation. Real property shall only be acquired pursuant to this chapter under the following circumstances:

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(i) Where such property is, at the time of acquisition, being leased by the state as a wildlife management areas; (ii) Where such property adjoins state wildlife management areas, state parks, or would provide better public access to such areas; (iii) Lands identified in any wildlife action plan developed by any agency of the state; (iv) Riparian lands so as to protect any drinking water supply; or (v) Lands surrounding any military base or military installation. (B) Acquisitions of real property or any interests therein pursuant to this chapter shall not be made through condemnation. (b) From within the Georgia Outdoor Stewardship Trust Fund, moneys may also be made available in each fiscal year for loans to any city, county, or nongovernmental entity to defray the costs of conservation land or of conservation easements placed upon property that ensure its permanent protection as conservation land. Any such loan shall bear interest at a rate established by the Georgia Environmental Finance Authority. (c) From within the Georgia Outdoor Stewardship Trust Fund, moneys shall also be made available in each fiscal year for grants as authorized by Code Section 12-6A-12.

12-6A-7. (a) The Board of Trustees of the Georgia Outdoor Stewardship Trust Fund shall accept applications from state agencies, local governments, nonprofit and for-profit entities, private land trusts, and individuals for project proposals eligible for funding. The board shall evaluate the proposals received in accordance with this chapter and pursuant to priorities established by the board.
(b)(1) The board, at their first meeting of each calendar year and working in conjunction with the board of the Department of Natural Resources, shall prepare and approve a proposal containing approved conservation projects and shall revise said proposal at each subsequent quarterly meeting held during the year. (2) The board shall not approve any proposal for which the total cost at the end of the year violates the estimated revenue available under this chapter. (c) Upon approval of each quarterly proposal by the board, the board of the Department of Natural Resources shall review and approve the proposal of the Board of Trustees of the Georgia Outdoor Stewardship Trust Fund. (d)(1) Upon approval of each quarterly proposal by the board of the Department of Natural Resources, the proposal of the Board of Trustees of the Georgia Outdoor Stewardship Trust Fund shall be transmitted for final review and approval to the chairpersons of the appropriations subcommittees of the House of Representatives and Senate maintaining oversight authority over the Department of Natural Resources and the Georgia Environmental Finance Authority. (2) Each year's initial proposal shall be submitted by January 31 to the chairpersons of the appropriations subcommittees of the House of Representatives and Senate maintaining

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oversight authority over the Department of Natural Resources and the Georgia Environmental Finance Authority. (3) Proposals submitted to such subcommittees outside of a session of the General Assembly shall be reviewed at a public meeting called at the discretion of the chairpersons of the appropriations subcommittees of the House of Representatives and Senate maintaining oversight authority over the Department of Natural Resources and the Georgia Environmental Finance Authority. (4) Should projects included in a proposal be subject to time constraints for completion as determined by the Board of Trustees of the Georgia Outdoor Stewardship Trust Fund, such board shall immediately provide written notice of same to the chairpersons of the appropriations subcommittees of the House of Representatives and Senate maintaining oversight authority over the Department of Natural Resources and the Georgia Environmental Finance Authority. (e) Upon approval of a proposal of the Board of Trustees of the Georgia Outdoor Stewardship Trust Fund by the appropriations subcommittees of the House of Representatives and Senate maintaining oversight authority over the Department of Natural Resources and the Georgia Environmental Finance Authority, the proposal and projects included therein shall be deemed approved. (f) Such approved project shall become eligible for funding consistent with this chapter. The Georgia Environmental Finance Authority shall be responsible for the disbursement of funds following project approval.

12-6A-8. The department may, by agreement with a city, county, or nongovernmental entity, accept and administer property acquired by such city, county, or nongovernmental entity pursuant to this chapter or may make such other agreements for the ownership and operation of the property as are outlined in Code Sections 12-3-32 and 27-1-6.

12-6A-9. Following the close of each state fiscal year, the department shall submit an annual report of its activities for the preceding year pursuant to this chapter to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the chairperson of the Ways and Means Committee of the House of Representatives, the chairperson of the Senate Finance Committee, the chairpersons of the Appropriations Committee of the House of Representatives and the Appropriations Committee of the Senate, and the chairpersons of the Natural Resources and Environment Committee of the House of Representatives and the Natural Resources and the Environment Committee of the Senate, and make such report available to the General Assembly.

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12-6A-10. (a) There is hereby established the Board of Trustees of the Georgia Outdoor Stewardship Trust Fund, which shall consist of 11 members as follows:
(1) The commissioner of the Georgia Department of Natural Resources, who shall also serve as chairperson of the board; (2) The director of the State Forestry Commission; (3) The director of the Environmental Protection Division of the Department of Natural Resources; (4) The commissioner of Transportation; (5) The director of the Coastal Resources Division of the Department of Natural Resources, as an ex officio, nonvoting member; (6) The director of the Wildlife Resources Division of the Department of Natural Resources, as an ex officio, nonvoting member; (7) The director of state parks of the Department of Natural Resources, as an ex officio, nonvoting member; and
(8)(A) Two members appointed by the Speaker of the House of Representatives; and (B) Two members appointed by the President of the Senate. The members appointed pursuant to this paragraph may be selected from any of the following private and public sectors: forestry, conservation, hunting, fishing, and local government. Such members shall serve four-year terms, provided that three of the initial appointees shall each serve an initial two-year term. Such members shall be and shall remain Georgia residents during their tenure on the board and shall possess a demonstrated knowledge of and commitment to land conservation and recreation. (b) The board shall meet at least quarterly each year for the transaction of its business and to review the progress of the Georgia Outdoor Stewardship Trust Fund. Three-fifths of the members of the board present at any board meeting shall constitute a quorum in order to conduct business; provided, however, that in absence of a quorum, a majority of the members present may adjourn the meeting from time to time until a quorum shall attend. Any board action or recommendation must be approved by a simple majority of the members of the entire board then in office, unless specified otherwise in this Code section. (c) Beginning no later than July 1, 2019, and annually thereafter, the board shall accept applications from state agencies, local governments, nonprofit and for-profit organizations, private land trusts, and individuals for project proposals eligible for funding. The board shall evaluate the proposals received pursuant to priorities established by the board. (d) In reviewing applications, the board shall give increased priority to projects: (1) For which matching funds are available; (2) That support and promote hunting, fishing, and wildlife viewing; (3) That contribute to improving the quality and quantity of surface water and ground water; (4) That contribute to improving the water quality and flow of springs; and

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(5) For which the state's land conservation plans overlap with the United States military's need to protect lands, water, and habitats so as to ensure the sustainability of military missions including:
(A) Protecting habitats on nonmilitary land for any species found on United States military land that is designated as threatened or endangered, or is a candidate for such designation under the federal Endangered Species Act of 1973, as amended, 16 U.S.C. Section 1531, et seq. or state law; (B) Protecting areas underlying low-level United States military air corridors or operating areas; and (C) Protecting areas identified as clear zones, accident potential zones, and air installation compatible use buffer zones delineated by the United States military, and for which federal or other funding is available to assist with the project.

12-6A-11. The department shall promulgate rules and regulations as necessary to implement the provisions of this chapter.

12-6A-12. (a) Each county in which is located 20,000 acres or more of unimproved real property belonging to the state and under the custody or control of the department, in which such state-owned property exceeds 10 percent of the taxable real property in the county, and in which such property represents 10 percent or more of the assessed tax digest of the county may receive from the department an annual grant as provided in this Code section. (b) For each county eligible to receive a grant pursuant to subsection (a) of this Code section, the department shall calculate the approximate value of public services which the county provides the department each year; provided, however, that such sum shall not exceed the amount the county would charge any other landowner for such services. The department shall request funds in its annual operating budget each year to reimburse all eligible counties for the provision of such services. In the event the amount appropriated in any year is less than the amount requested, each eligible county shall receive a pro rata share based on the estimated value of services provided. (c) The department is directed to make an annual calculation of the amount of unimproved state-owned real property under its custody or control and determine which counties are eligible for a grant pursuant to subsection (a) of this Code section. The first such determination shall be completed not later than December 31, 2020, and each subsequent determination shall be made not later than December 31 of each year. The department is further directed to calculate the approximate value of public services provided by each eligible county as provided in subsection (a) of this Code section. (d) Only land acquired with Outdoor Stewardship Trust Fund moneys shall be used in the calculation of this grant.

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(e) No more than 10 percent of Outdoor Stewardship Trust Fund moneys shall be allocated to grants to offset local taxes during any fiscal year. (f) No county shall be authorized to receive a grant of funds pursuant to both this Code section and Code Section 48-14-1."

SECTION 2. The Georgia Outdoor Stewardship Trust Fund established by this chapter shall be a successor to the former Georgia Land Conservation Trust Fund and the Georgia Land Conservation Revolving Loan Fund. On July 1, 2019, all funds in the Georgia Land Conservation Trust Fund and the Georgia Land Conservation Revolving Loan Fund shall be transferred into the Georgia Outdoor Stewardship Trust Fund.

SECTION 3. This Act shall become effective on July 1, 2019, only if an amendment to the Constitution authorizing the General Assembly to provide by law for allocation of up to 80 percent of the revenue derived from the state sales and use tax collected by establishments classified under the 2007 North American Industry Classification Code 451110, sporting goods stores, to a trust fund to be used for the protection of conservation land is ratified by the voters at the November, 2018, state-wide general election. If such an amendment is not so ratified, then this Act shall not become effective and shall stand repealed on January 1, 2019.

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

Approved May 7, 2018.

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CIVIL PRACTICE COURTS CRIMES AND OFFENSES CRIMINAL PROCEDURE EDUCATION HEALTH LAW ENFORCEMENT OFFICERS AND AGENCIES LOCAL GOVERNMENT MOTOR VEHICLES AND TRAFFIC PENAL INSTITUTIONS PROFESSIONS AND BUSINESSES SOCIAL SERVICES COMPREHENSIVE CRIMINAL JUSTICE REFORM.

No. 416 (Senate Bill No. 407).

AN ACT

To provide for comprehensive reform for offenders entering, proceeding through, and leaving the criminal justice system so as to promote an offender's successful reentry into society, benefit the public, and enact reforms recommended by the Georgia Council on Criminal Justice Reform; to amend Title 15 and Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to courts and the Criminal Justice Coordinating Council, respectively, so as to provide for electronic filing in criminal cases and data collection and exchange in criminal and certain juvenile cases; to provide for definitions; to establish the Criminal Case Data Exchange Board under the Criminal Justice Coordinating Council and provide for its membership, terms, compensation, and duties; to provide for confidentiality of data; to require certain court filings to be filed electronically and in writing; to provide for exceptions; to change provisions relating to electronic filings and payments; to provide for fees; to provide for a definition; to provide for policies and procedures; to amend Code Section 9-11-5 and Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint and other papers and general provisions relating to courts, respectively, so as to change provisions relating to the electronic service of pleadings; to provide for contracts with electronic filing service providers; to provide for the Judicial Council of Georgia to develop a misdemeanor citation form; to allow misdemeanors to be prosecuted in state courts by use of citation; to amend Title 17, Code Section 35-3-37, Chapter 5 of Title 40, Title 42, and Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to criminal procedure, review of an individual's criminal history record information, drivers' licenses, penal institutions, and grounds for refusing to grant or revoking professional licenses, respectively, so as to change provisions relating to the use of citations and setting bail; to clarify matters relating to sentencing, record restriction, first offender treatment, pay-only probation, and the use of community service; to allow the Department of Driver Services to issue certain types of licenses and permits under certain conditions; to expand the types of activities and organizations that can be used by the court in ordering community service and clarify provisions relating thereto; to require time frames for certain actions involving probation supervision; to allow different levels of courts to consider

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retroactive petitions for first offender sentencing; to amend an Act relating to the effect of a confinement sentence when guilt has not been adjudicated, approved March 20, 1985 (Ga. L. 1985, p. 380), so as to repeal a contingency based upon an amendment to the Constitution; to clarify the effect that a misdemeanor conviction involving moral turpitude or first offender punishment will have on a professional license; to amend Chapter 2 of Title 31 and Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Community Health and public assistance, respectively, so as to change provisions relating to the department's duties and responsibilities; to change provisions relating to providing assistance to inmates who are eligible for Medicaid; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to increase certain penalties relating to the theft of, the use of an altered identification mark on, or the transfer to certain individuals of a firearm; to change provisions relating to possession of firearms by convicted felons and first offender probationers; to change provisions relating to authorizing the release of information from the prescription drug monitoring program data base; to amend Article 2 of Chapter 4 of Title 20 and Chapter 8 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education and to campus policemen, respectively, so as to revise the powers of arrest of campus policemen who are regular employees of the Technical College System of Georgia; to amend Chapter 69 of Title 36 of the Official Code of Georgia Annotated, relating to mutual aid regarding local government, so as to permit campus policemen of the Technical College System of Georgia to render mutual aid under certain conditions; to provide for the public safety director or chief of police of any institution within the Technical College System of Georgia to enter into mutual aid agreements with local governments under certain conditions; 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 Code Section 15-6-11, relating to electronic filings and payments, as follows:
"15-6-11. (a) Pursuant to rules promulgated by the Criminal Case Data Exchange Board, on and after January 1, 2019, a superior court shall provide for the filing of pleadings in criminal cases and any other document related thereto and for the acceptance of payments and remittances by electronic means.
(b)(1) On and after January 1, 2019, except as provided in paragraph (3) of this subsection, all pleadings and any other document related thereto filed by an attorney to initiate a civil action or in a civil case in a superior court shall be filed by electronic means through the court's electronic filing service provider. Except as provided in paragraph (3) of this subsection, once a court has commenced mandatory electronic filings in civil cases,

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a clerk shall not accept, file, or docket any pleading or any other form of paper document related thereto from an attorney in a civil case.
(2)(A) A court's electronic filing service provider may charge a fee which shall be a recoverable court cost and only include a:
(i) One-time fee for electronically filing pleadings or documents in a civil action and the electronic service of pleadings, regardless of how many parties shall be served, which shall not exceed $30.00 per filer, per party. Such fee shall be paid at the time of the first filing on behalf of a party; provided that when filings are submitted via a public access terminal, upon the first filing not using such terminal, such fee shall be paid; (ii) Supplemental fee of $5.00 for each filing made in a civil action after a party has made ten electronic filings in such civil action; and (iii) Convenience fee for credit card and bank drafting services, which shall not exceed 3.5 percent plus a 30 payment services fee per transaction. (B) With respect to the fee charged pursuant to division (i) of subparagraph (A) of this paragraph, the clerk of superior court shall retain $2.00 of the transaction fee and remit it to the governing authority of the county. No other portion of the transaction fee shall be remitted to any other office or entity of the state or governing authority of a county or municipality. (C) An attorney, or party if he or she is pro se, shall be allowed unlimited access to view and download any pleading or document electronically filed in connection to the civil action in which he or she is counsel of record or pro se litigant, and an electronic service provider shall not be authorized to charge or collect a fee for such viewing or downloading. (3)(A) This subsection shall not apply to filings: (i) In connection with a pauper's affidavit, any validation of bonds as otherwise provided for by law, pleadings or documents filed under seal or presented to a court in camera or ex parte, or pleadings or documents to which access is otherwise restricted by law or court order; (ii) Made physically at the courthouse by an attorney or his or her designee or an individual who is not an attorney; provided, however, that the clerk shall require such pleadings or documents be submitted via a public access terminal in the clerk's office. The clerk shall not charge the fee as set forth in division (2)(A)(i) of this subsection for such filing but when payment is submitted by credit card or bank draft, the clerk may charge the convenience fee as set forth in division (2)(A)(ii) of this subsection; (iii) Made in a court located in an area that has been declared to be in a state of emergency pursuant to Article 3 of Chapter 3 of Title 38. The Judicial Council of Georgia shall provide rules for filings in such circumstances; or (iv) Made prior to the commencement of mandatory electronic filing for such court, wherein the filer shall continue to pay fees applicable to the case on the date of the first

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filing; provided, however, that a party may elect to make future filings through the court's electronic filing service provider and pay the applicable fees.
(B) This subsection may have an effective date between July 1, 2018, and December 31, 2018, when by court rule or standing order, the court commences mandatory electronic filing prior to January 1, 2019. (4) The Judicial Council of Georgia shall make and publish in print or electronically such statewide minimum standards and rules as it deems necessary to carry out this Code section. Each clerk of superior court shall develop and enact policies and procedures necessary to carry out the standards and rules created by the Judicial Council of Georgia. (c) Nothing in this Code section shall be construed to prevent a clerk's acceptance of payments and remittances by electronic means under the clerk's own authority. (d) A superior court judge to whom the case is assigned and his or her staff shall, at all times, have access to all pleadings and documents electronically filed and such access shall be provided upon the physical acceptance of such pleadings and documents by the clerk. (e) Any pleading or document filed electronically shall be deemed filed as of the time of its receipt by the electronic filing service provider. A pleading or document filed electronically shall not be subject to disclosure until it has been physically accepted by the clerk. Upon such acceptance as provided for in this subsection, such pleading or document shall be publicly accessible for viewing at no cost to the viewer on a public access terminal available at the courthouse during regular business hours."

SECTION 1-2. Said title is further amended by revising subparagraph (a)(4)(B) and paragraph (18) of subsection (a) of Code Section 15-6-61, relating to the duties of the clerk generally, as follows:
"(B) An automated criminal case management system which shall contain a summary record of all criminal indictments in which true bills are rendered and all criminal accusations filed in the office of clerk of superior court in accordance with rules promulgated by the Criminal Case Data Exchange Board. The criminal case management system shall contain entries of other matters of a criminal nature filed with the clerk, including quasi-civil proceedings and entries of cases which are ordered dead docketed. When a case is dead docketed, all witnesses who may have been subpoenaed therein shall be released from further attendance until resubpoenaed; and" "(18) To electronically collect all data elements required in subsection (g) of Code Section 35-3-36, and such clerk of superior court may transmit such data to the Georgia Superior Court Clerks' Cooperative Authority in a form and format required by such authority and The Council of Superior Court Clerks of Georgia. Any 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.

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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;"

SECTION 1-3. Said title is further amended by revising Code Section 15-7-5, relating to electronic filings and payments, as follows:
"15-7-5. (a) Pursuant to rules promulgated by the Criminal Case Data Exchange Board, on and after January 1, 2019, a state court shall provide for the filing of pleadings in criminal cases and any other document related thereto and for the acceptance of payments and remittances by electronic means.
(b)(1) On and after January 1, 2019, except as provided in paragraph (3) of this subsection, all pleadings and any other document related thereto filed by an attorney to initiate a civil action or in a civil case in a state court shall be filed by electronic means through the court's electronic filing service provider. Except as provided in paragraph (3) of this subsection, once a court has commenced mandatory electronic filings in civil cases, a clerk shall not accept, file, or docket any pleading or any other form of paper document related thereto from an attorney in a civil case.
(2)(A) A court's electronic filing service provider may charge a fee which shall be a recoverable court cost and only include a:
(i) One-time fee for electronically filing pleadings or documents in a civil action and the electronic service of pleadings, regardless of how many parties shall be served, which shall not exceed $30.00 per filer, per party. Such fee shall be paid at the time of the first filing on behalf of a party; provided that when filings are submitted via a public access terminal, upon the first filing not using such terminal, such fee shall be paid; (ii) Supplemental fee of $5.00 for each filing made in a civil action after a party has made ten electronic filings in such civil action; and (iii) Convenience fee for credit card and bank drafting services, which shall not exceed 3.5 percent plus a 30 payment services fee per transaction. (B) With respect to the fee charged pursuant to division (i) of subparagraph (A) of this paragraph, the clerk of state court shall retain $2.00 of the transaction fee and remit it to the governing authority of the county. No other portion of the transaction fee shall be remitted to any other office or entity of the state or governing authority of a county or municipality. (C) An attorney, or party if he or she is pro se, shall be allowed unlimited access to view and download any pleading or document electronically filed in connection to the civil action in which he or she is counsel of record or pro se litigant, and an electronic service provider shall not be authorized to charge or collect a fee for such viewing or downloading.

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(3)(A) This subsection shall not apply to filings: (i) In connection with a pauper's affidavit, pleadings or documents filed under seal or presented to a court in camera or ex parte, or pleadings or documents to which access is otherwise restricted by law or court order; (ii) Made physically at the courthouse by an attorney or his or her designee or an individual who is not an attorney; provided, however, that the clerk shall require such pleadings or documents be submitted via a public access terminal in the clerk's office. The clerk shall not charge the fee as set forth in division (2)(A)(i) of this subsection for such filing but when payment is submitted by credit card or bank draft, the clerk may charge the convenience fee as set forth in division (2)(A)(ii) of this subsection; (iii) Made in a court located in an area that has been declared to be in a state of emergency pursuant to Article 3 of Chapter 3 of Title 38. The Judicial Council of Georgia shall provide rules for filings in such circumstances; or (iv) Made prior to the commencement of mandatory electronic filing for such court, wherein the filer shall continue to pay fees applicable to the case on the date of the first filing; provided, however, that a party may elect to make future filings through the court's electronic filing service provider and pay the applicable fees.
(B) This subsection may have an effective date between July 1, 2018, and December 31, 2018, when by court rule or standing order, the court commences mandatory electronic filing prior to January 1, 2019. (4) The Judicial Council of Georgia shall make and publish in print or electronically such statewide minimum standards and rules as it deems necessary to carry out this Code section. Each clerk of state court shall develop and enact policies and procedures necessary to carry out the standards and rules created by the Judicial Council of Georgia. (c) Nothing in this Code section shall be construed to prevent a clerk's acceptance of payments and remittances by electronic means under the clerk's own authority. (d) A state court judge to whom the case is assigned and his or her staff shall, at all times, have access to all pleadings and documents electronically filed and such access shall be provided upon the physical acceptance of such pleadings and documents by the clerk. (e) Any pleading or document filed electronically shall be deemed filed as of the time of its receipt by the electronic filing service provider. A pleading or document filed electronically shall not be subject to disclosure until it has been physically accepted by the clerk. Upon such acceptance as provided for in this subsection, such pleading or document shall be publicly accessible for viewing at no cost to the viewer on a public access terminal available at the courthouse during regular business hours."

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SECTION 1-4. Said title is further amended in Code Section 15-11-64, relating to collection of information by juvenile court clerks and reporting requirements, by adding a new subsection to read as follows:
"(c) Pursuant to rules promulgated by the Judicial Council of Georgia, on and after January 1, 2019, each clerk of the juvenile court shall collect data on each child alleged or adjudicated to be a delinquent child and transmit such data as required by such rules. The Judicial Council of Georgia shall make and publish in print or electronically such state-wide minimum standards and rules as it deems necessary to carry out this subsection. Each clerk of the juvenile court shall develop and enact policies and procedures necessary to carry out the standards and rules created by the Judicial Council of Georgia."

SECTION 1-5. Chapter 6A of Title 35 of the Official Code of Georgia Annotated, relating to the Criminal Justice Coordinating Council, is amended by revising Code Section 35-6A-2, relating to the creation of such council and assignment to the Georgia Bureau of Investigation, as follows:
"35-6A-2. (a) There is established the Criminal Justice Coordinating Council of the State of Georgia which is assigned to the Georgia Bureau of Investigation for administrative purposes only, as prescribed in Code Section 50-4-3. (b) As used in this chapter, the term:
(1) 'Board' means the Criminal Case Data Exchange Board. (2) 'Council' means the Criminal Justice Coordinating Council."

SECTION 1-6. Said chapter is further amended by adding two new Code sections to read as follows:
"35-6A-13. (a) There is established the Criminal Case Data Exchange Board to the council which shall consist of 15 members as follows:
(1) The director of the council, the director of the Georgia Crime Information Center, the director of the Office of Planning and Budget, the director of the Administrative Office of the Courts, the director of the Georgia Public Defender Council, the commissioner of administrative services, the commissioner of corrections, the commissioner of community supervision, the executive director of the Georgia Technology Authority, the executive counsel of the Governor, and a representative of the Prosecuting Attorneys' Council of the State of Georgia, provided that any such member may allow a designee to represent him or her at a board meeting and vote in his or her stead; and (2) Four members, one of whom is a superior court judge, one of whom is a clerk of a superior court, one of whom is a sheriff, and one of whom is a county commissioner, shall be appointed by the Governor for terms of four years; their initial appointments, however, shall be one for a four-year term, one for a three-year term, one for a two-year term, and

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one for a one-year term. No individual shall serve beyond the time he or she holds the office by reason of which he or she was initially eligible for appointment. (b) In the event of death, resignation, disqualification, or removal of any member of the board for any reason, vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term. (c) The initial terms for all members shall begin on July 1, 2018. (d) Membership on the board shall not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. (e) The board shall elect a chairperson from among its membership and may elect such other officers and committees as it considers appropriate. (f) Members of the board shall serve without compensation, although each member of the board shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to the council. Such reimbursement shall be limited to all travel and other expenses necessarily incurred through service on the board, in compliance with this state's travel rules and regulations; provided, however, that in no case shall a member of the board be reimbursed for expenses incurred in the member's capacity as the representative of another state agency.

35-6A-14. (a) The board shall:
(1) Meet at such times and places as it shall determine necessary or convenient to perform its duties. Such board shall also meet upon the call of the chairperson of the board, the chairperson of the council, or the Governor; (2) Maintain minutes of its meetings; (3) Promulgate rules with respect to courts receiving criminal case filings electronically and the exchange of data amongst agencies and entities with respect to a criminal case from its inception to its conclusion; (4) Participate in the development and review of this state's criminal case data exchange and management system; (5) Using the combined expertise and experience of its members, provide regular advice and counsel to the director of the council to enable the council to carry out its statutory duties under this chapter; and (6) Carry out such duties that may be required by federal law or regulation so as to enable this state to receive and disburse federal funds for criminal case exchange and management. (b) Public access to data that are collected or transmitted via the criminal case information exchange shall remain the responsibility of the Georgia Crime Information Center. No release of collected data shall be made by or through the Georgia Technology Authority."

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PART IA SECTION 1A-1.

Code Section 9-11-5 of the Official Code of Georgia Annotated, relating to service and filing of pleadings subsequent to the original complaint and other papers, is amended by revising paragraph (4) of subsection (f) as follows:
"(4) When an attorney files a pleading in a case via an electronic filing service provider, such attorney shall be deemed to have consented to be served electronically with future pleadings for such case unless he or she files a rescission of consent as set forth in paragraph (2) of this subsection. (5) If electronic service of a pleading is made upon a person to be served, and such person certifies to the court under oath that he or she did not receive such pleading, it shall be presumed that such pleading was not received unless the serving party disputes the assertion of nonservice, in which case the court shall decide the issue of service of such pleading."

SECTION 1A-2. Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, is amended by adding a new Code section to read as follows:
"15-1-22. On and after January 1, 2019, no court or clerk of court shall enter into any exclusive agreement or contract that prohibits more than one electronic filing service provider to serve a court or clerk of court; provided, however, that such prohibition shall not require a court or clerk of court to enter into more than one agreement or contract with an electronic service provider."

PART II SECTION 2-1.

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding a new Code section to read as follows:
"15-5-21.1. The Judicial Council of Georgia shall develop a uniform misdemeanor citation and complaint form for use by all law enforcement officials who are empowered to arrest individuals for misdemeanors and local ordinance violations. Such form shall serve as the citation, summons, accusation, or other instrument of prosecution of the offense or offenses for which the accused is charged and as the record of the disposition of the matter by the court before which the accused is brought, and shall contain such other matter as the council shall provide. Each such form shall have a unique identifying number which shall serve as the docket number for the court having jurisdiction of the accused. The Judicial Council of Georgia shall promulgate rules for each class of court for the use of such citations."

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SECTION 2-2. Said title is further amended by revising Code Section 15-7-42, relating to hearing on merits in open court and proceedings allowed in chambers, as follows:
"15-7-42. (a) The prosecution of misdemeanors may proceed by accusation as provided in Code Section 17-7-71, citation or citation and arrest as provided for by law, or summons. (b) All trials on the merits shall be conducted in open court and, so far as convenient, in a regular courtroom. (c) All other proceedings, hearings, and acts not included in subsection (b) of this Code section may be done or conducted by a judge in chambers and in the absence of the clerk or other court officials. The judge of the court may hear motions and enter interlocutory orders, in all cases pending in the court over which he or she presides, in open court or in chambers."

SECTION 2-3. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising Code Section 17-4-23, relating to the procedure for arrests by citation for motor vehicle violations and issuance of warrants for arrest for failure of persons charged to appear in court, as follows:
"17-4-23. (a)(1) A law enforcement officer may arrest a person accused of violating any law or ordinance enacted by local law governing the operation, licensing, registration, maintenance, or inspection of motor vehicles or violating paragraph (2), (3), or (5) of subsection (a) of Code Section 3-3-23 by the issuance of a citation, provided that such offense is committed in his or her presence or information constituting a basis for such arrest was received by the arresting officer from a law enforcement officer observing such offense being committed, except that, when such offense results in an accident, an investigating officer may issue citations regardless of whether the offense occurred in the presence of a law enforcement officer. (2) A law enforcement officer may arrest a person accused of any misdemeanor violation of Code Section 16-7-21, 16-8-14, 16-8-14.1, or 16-13-30 by the issuance of a citation, provided that such offense is committed in his or her presence or information constituting a basis for such arrest was received by the arresting officer or an investigating officer from another law enforcement officer or other individual observing or aware of such offense being committed. When an arrest is made for such offense, prior to releasing the accused on citation, the arresting law enforcement officer shall review the accused's criminal record as such is on file with the Federal Bureau of Investigation and the Georgia Crime Information Center within the Georgia Bureau of Investigation and ensure that the accused's fingerprints are obtained. (3) The arresting officer shall issue a citation to the accused which shall enumerate the specific charges and the date upon which he or she is to appear and answer the charges or

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a notation that he or she will be later notified of the date upon which he or she is to appear and answer the charges. When an arresting officer makes an arrest concerning the operation of a motor vehicle based on information received from another law enforcement officer who observed the offense being committed, the citation shall list the name of each officer and each officer must be present when the charges against the accused are heard. (b) If the accused fails to appear as specified in the citation, the judicial officer having jurisdiction of the offense may issue a warrant ordering the apprehension of the accused and commanding that he or she be brought before the court to answer the charge contained within the citation and the charge of his or her failure to appear as required. The accused shall then be allowed to make a reasonable bond to appear on a given date before the court. (c) Notwithstanding subsection (b) of this Code section, when an accused was issued a citation for a violation of Code Section 16-7-21, 16-8-14, 16-8-14.1, or 16-13-30, and the accused fails to appear as specified in the citation, the judicial officer having jurisdiction of the offense, absent a finding of sufficient excuse to appear at the time and place specified in the citation, shall issue a warrant ordering the apprehension of the accused and commanding that he or she be brought before the court to answer the charge contained within the citation and the charge of his or her failure to appear as required. The accused shall then be allowed to make a reasonable bond to appear on a given date before the court."

SECTION 2-4. Said title is further amended by revising paragraph (1) of subsection (b) and subsections (e), (f), and (i) of Code Section 17-6-1, relating to where offenses are bailable, procedure, bail schedules, and appeal bonds, as follows:
"(b)(1) All offenses not included in subsection (a) of this Code section, inclusive of offenses that are violations of local ordinances, are bailable by a court of inquiry. Except as provided in subsection (g) of this Code section, at no time, either before a court of inquiry, when indicted or accused, after a motion for new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail. When determining bail for a person charged with a misdemeanor, courts shall not impose excessive bail and shall impose only the conditions reasonably necessary to ensure such person attends court appearances and to protect the safety of any person or the public given the circumstances of the alleged offense and the totality of circumstances." "(e)(1) A court shall be authorized to release a person on bail if the court finds that the person:
(A) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required; (B) Poses no significant threat or danger to any person, to the community, or to any property in the community; (C) Poses no significant risk of committing any felony pending trial; and (D) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.

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(2) When determining bail, as soon as possible, the court shall consider: (A) The accused's financial resources and other assets, including whether any such assets are jointly controlled; (B) The accused's earnings and other income; (C) The accused's financial obligations, including obligations to dependents; (D) The purpose of bail; and (E) Any other factor the court deems appropriate.
(3) If the person is charged with a serious violent felony and has already been convicted of a serious violent felony, or of an offense under the laws of any other state or of the United States which offense if committed in this state would be a serious violent felony, there shall be a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the person as required or assure the safety of any other person or the community. As used in this subsection, the term 'serious violent felony' means a serious violent felony as defined in Code Section 17-10-6.1. (f)(1) Except as provided in subsection (a) of this Code section or as otherwise provided in this subsection, the judge of any court of inquiry may by written order establish a schedule of bails and unless otherwise ordered by the judge of any court, an accused shall be released from custody upon posting bail as fixed in the schedule. (2) For offenses involving an act of family violence, as defined in Code Section 19-13-1, bail or other release from custody shall be set by a judge on an individual basis and a schedule of bails provided for in paragraph (1) of this subsection shall not be utilized; provided, however, that the judge shall include a listing of specific conditions which shall include, but not be limited to, having no contact of any kind or character with the victim or any member of the victim's family or household, not physically abusing or threatening to physically abuse the victim, the immediate enrollment in and participation in domestic violence counseling, substance abuse therapy, or other therapeutic requirements. (3) For offenses involving an act of family violence, the judge shall determine whether one or more specific conditions shall be used, except that any offense involving an act of family violence and serious injury to the victim shall be bailable only before a judge when the judge or the arresting officer is of the opinion that the danger of further violence to or harassment or intimidation of the victim is such as to make it desirable that the consideration of the imposition of additional conditions as authorized in this Code section should be made. Upon setting bail in any case involving family violence, the judge shall give particular consideration to the exigencies of the case at hand and shall impose any specific conditions as he or she may deem necessary. As used in this Code section, the term 'serious injury' means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, substantial bruises to body parts, fractured bones, or permanent disfigurements and wounds inflicted by deadly weapons or any other objects which, when used offensively against a person, are capable of causing serious bodily injury.

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(4) For violations of Code Section 16-15-4, the court shall require increased bail and shall include as a condition of bail or pretrial release that the accused shall not have contact of any kind or character with any other member or associate of a criminal street gang and, in cases involving an alleged victim, that the accused shall not have contact of any kind or character with any such victim or any member of any such victim's family or household. (5) For offenses involving violations of Code Section 40-6-393, bail or other release from custody shall be set by a judge on an individual basis and not a schedule of bails pursuant to this Code section." "(i) As used in this Code section, the term 'bail' shall include releasing of a person on such person's own recognizance, except as limited by Code Section 17-6-12."

SECTION 2-5. Said title is further amended by revising subsections (b) and (d) of Code Section 17-6-12, relating to discretion of court to release person charged with crime on own recognizance only and the failure of such person to appear for trial, as follows:
"(b) A person charged with a bail restricted offense shall not be released on bail on his or her own recognizance for the purpose of entering a pretrial release program, a pretrial release and diversion program as provided for in Article 4 of Chapter 3 of Title 42, or a pretrial intervention and diversion program as provided for in Article 4 of Chapter 18 of Title 15, or pursuant to Uniform Superior Court Rule 27, unless an elected magistrate, elected state or superior court judge, or other judge sitting by designation under the express written authority of such elected judge, enters a written order to the contrary specifying the reasons why such person should be released upon his or her own recognizance." "(d) Upon the failure of a person released on his or her own recognizance to appear for trial, if the release is not otherwise conditioned by the court, absent a finding of sufficient excuse to appear, the court shall summarily issue an order for his or her arrest which shall be enforced as in cases of forfeited bonds."

SECTION 2-6. Said title is further amended by revising subparagraph (a)(1)(B), paragraph (2) of subsection (a), and subsection (d) of Code Section 17-10-1, relating to fixing of sentence, as follows:
"(B) When a defendant with no prior felony conviction is convicted of felony offenses or is charged with felony offenses and is sentenced pursuant to subsection (a) or (c) of Code Section 16-13-2 or Article 3 of Chapter 8 of Title 42, and the court imposes a sentence of probation or not more than 12 months of imprisonment followed by a term of probation, 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

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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 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)(A) 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:
(i) 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; (ii) 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; or (iii) A conviction that requires the defendant to register on the state sexual offender registry pursuant to Code Section 42-1-12, the period of active probation supervision shall remain in effect until the court orders unsupervised probation, or until termination of the sentence, whichever first occurs. (B) Probation supervision shall not be required for defendants sentenced to probation while the defendant is in the legal custody of the Department of Corrections or the State Board of Pardons and Paroles." "(d)(1) As used in this subsection, the term: (A) 'Developmental disability' shall have the same meaning as set forth in Code Section 37-1-1. (B) '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. (C) '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. (D) 'Totally and permanently disabled' shall have the same meaning as set forth in Code Section 49-4-80. (2) In determining the financial obligations, other than restitution, to impose on the defendant, the court shall consider:

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(A) The defendant's financial resources and other assets, including whether any such assets are 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. (3) In any case involving a violation of local ordinance, misdemeanor, or felony in which the defendant has been punished in whole or in part by a fine, the court shall be authorized to allow the defendant to satisfy such fine or any fee imposed in connection with probation supervision through community service as set forth in Article 3 of Chapter 3 of Title 42. 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, 2018, unless otherwise specified by the court. A defendant shall be required to serve the number of hours in community service which equals the number derived by dividing the amount owed by the defendant, including moneys assessed by a provider of probation services, by the federal minimum hourly wage or by the amount specified by the court. If the court orders educational advancement, the court shall determine the numbers of hours required to be completed. 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 the amount owed by the defendant be satisfied under this subsection. (4) At the time of sentencing, the court may waive the imposition of a fine, exclusive of the payment of statutory surcharges, upon a determination that a defendant has a significant financial hardship or inability to pay or other extenuating factors exist that prohibit payment or collection of such fine. When determining significant financial hardship, the court may consider whether the defendant is indigent and whether the defendant or his or her dependents has a developmental disability or is totally and permanently disabled. If the court waives the imposition of a fine under this paragraph, it shall instead impose a theoretical fine and the defendant shall be required to pay the statutory surcharges associated therewith."

SECTION 2-7. Said title is further amended by revising Code Section 17-10-8, relating to the requirement of payment of fine as condition precedent to probation and the rebate or refund of fine upon probation revocation, as follows:
"17-10-8. (a) In a felony case, when a statutory fine amount is not set by law, upon conviction, the court may impose a fine not to exceed $100,000.00. (b) In any case when probation is revoked, the defendant shall not be entitled to any rebate or refund of any part of the fine paid."

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SECTION 2-8. Code Section 35-3-37 of the Official Code of Georgia Annotated, relating to review of individual's criminal history record information, definitions, privacy considerations, written application requesting review, and inspection, is amended by revising paragraphs (1) through (3) of subsection (j) and subparagraph (j)(4)(A), as follows:
"(j)(1) When an individual had a felony charge dismissed or nolle prossed or was found not guilty of such charge but was convicted of a misdemeanor offense that was not a lesser included offense of the felony charge, such individual may petition the court in which he or she was accused or convicted, as applicable, or, if such charge was dismissed, the superior court in the county where the arrest occurred to restrict access to criminal history record information for the felony charge within four years of the arrest. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the arresting law enforcement agency and the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall grant an order restricting such criminal history record information if the court determines that the misdemeanor conviction was not a lesser included offense of the felony charge and that the harm otherwise resulting to the individual clearly outweighs the public interest in the criminal history record information being publicly available. (2) When an individual was convicted of an offense and was sentenced to punishment other than the death penalty, but such conviction was vacated by the trial court or reversed by an appellate court or other post-conviction court, the decision of which has become final by the completion of the appellate process, and the prosecuting attorney has not retried the case within two years of the date the order vacating or reversing the conviction became final, such individual may petition the court in which he or she was convicted to restrict access to criminal history record information for such offense. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall determine whether granting an order restricting such criminal history record information is appropriate, giving due consideration to the reason the judgment was reversed or vacated, the reason the prosecuting attorney has not retried the case, and the public's interest in the criminal history record information being publicly available. (3) When an individual's case has remained on the dead docket for more than 12 months, such individual may petition the court in which the case is pending to restrict access to criminal history record information for such offense. Such petition shall be served on the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall determine whether granting an order restricting such criminal history record information is appropriate, giving due consideration to the reason the case was placed on the dead docket; provided,

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however, that the court shall not grant such motion if an active warrant is pending for such individual.
(4)(A) When an individual was convicted in this state of a misdemeanor or a series of misdemeanors arising from a single incident, and at the time of such conviction such individual was a youthful offender, provided that such individual successfully completed the terms of his or her sentence and, since completing the terms of his or her sentence, has not been arrested for at least five years, excluding any arrest for a nonserious traffic offense, and provided, further, that he or she was not convicted in this state of a misdemeanor violation or under any other state's law with similar provisions of one or more of the offenses listed in subparagraph (B) of this paragraph, he or she may petition the court in which the conviction occurred to restrict access to criminal history record information. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall determine whether granting an order restricting such criminal history record information is appropriate, giving due consideration to the individual's conduct and the public's interest in the criminal history record information being publicly available."

SECTION 2-9. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by adding a new subsection to Code Section 40-5-22, relating to persons not to licensed, minimum ages for licensees, school enrollment requirements, driving training requirements, and limited driving permits, to read as follows:
"(e) The department may issue a probationary license, limited driving permit, or ignition interlock device limited driving permit to any individual whose driver's license is expired; provided, however, that he or she is otherwise eligible for such probationary license, limited driving permit, or ignition interlock device limited driving permit pursuant to Code Section 40-5-58, 40-5-64, 40-5-64.1, 40-5-75, or 40-5-76."

SECTION 2-10. Said chapter is further amended by revising Code Section 40-5-76, relating to reinstatement or suspension of defendant's driver's license or issuance of ignition interlock device limited driving permit, as follows:
"40-5-76. (a)(1) A judge presiding in a drug court division, mental health court division, veterans court division, or operating under the influence court division, as a reward or sanction to the defendant's behavior in such court division, may order the department to: (A) Reinstate a defendant's Georgia driver's license that has been or should be suspended under the laws of this state;

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(B) Issue to a defendant a limited driving permit using the guidance set forth in subsections (c), (c.1), and (d) of Code Section 40-5-64 or with whatever conditions the court determines to be appropriate under the circumstances; (C) Issue to a defendant an ignition interlock device limited driving permit using the guidance set forth in subsections (c) and (e) of Code Section 40-5-64.1 or with whatever conditions the court determines to be appropriate under the circumstances; or (D) Suspend or revoke such license, limited driving permit, or ignition interlock device limited driving permit. (2) The court shall require the defendant to pay to the department the fee normally required for the reinstatement of such driver's license or issuance of such limited driving permit or ignition interlock device limited driving permit or waive such fee. (3) The court may order the department to issue to a defendant a limited driving permit or ignition interlock device limited driving permit pursuant to this subsection for a one-year period, and may allow such permit to be renewed for a one-year period, and shall provide the department with such order. (b) If the offense for which the defendant was convicted did not directly relate to the operation of a motor vehicle, a judge presiding in any court, other than the court divisions specified in subsection (a) of this Code section, may order the department to reinstate a defendant's driver's license that has been or should be suspended, issue to a defendant a limited driving permit using the guidance set forth in subsections (c), (c.1), and (d) of Code Section 40-5-64, or issue to a defendant an ignition interlock device limited driving permit using the guidance set forth in subsections (c) and (e) of Code Section 40-5-64.1. The court shall require the defendant to pay to the department the fee normally required for the reinstatement of such driver's license or issuance of such limited driving permit or ignition interlock device limited driving permit or waive such fee. Such judge may also order the department to suspend a defendant's driver's license, limited driving permit, or ignition interlock device limited driving permit as a consequence of the defendant's violation of the terms of his or her probation. (c)(1) The department shall make a notation on a person's driving record when his or her driver's license was reinstated or suspended or he or she was issued a limited driving permit or ignition interlock device limited driving permit under this Code section, and such information shall be made available in accordance with Code Section 40-5-2. (2) The driver's license of any person who has a driver's license reinstated or suspended in accordance with this Code section shall remain subject to any applicable disqualifications specified in Article 7 of this chapter. (d) The department shall credit any time during which a defendant was issued a limited driving permit or ignition interlock device limited driving permit under subsection (a) of this Code section toward the fulfillment of the period of a driver's license suspension for which such permit was issued."

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SECTION 2-11. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising Article 3 of Chapter 3, relating to community service, as follows:

"ARTICLE 3

42-3-50. (a) As used in this article, the term:
(1) 'Agency' means any private or public entity or organization that provides services to the public and enhances the social welfare and general well-being of the community. Such term may include educational institutions and religious organizations that are nonprofit corporations or are qualified as tax exempt under 26 U.S.C. Section 501(c)(3), as it existed on March 1, 2018. (2) 'Community service' means uncompensated work by an offender with an agency pursuant to an order by a court as a condition of probation or in lieu of payment of financial obligations imposed by a court. (3) 'Community service officer' means an individual appointed by the court to place and supervise offenders sentenced to community service or educational advancement. Such term includes a paid professional or a volunteer. (4) 'Educational advancement' means attending a work or job skills training program, a preparatory class for the general educational development (GED) diploma, or similar activity. (b) Except as provided in subsection (c) of this Code section, it shall be unlawful for an agency or community service officer to use or allow an offender to be used for any purpose resulting in private gain to any individual. (c) Subsection (b) of this Code section shall not apply to: (1) Work on private property because of a natural disaster; or (2) An order or direction by the court. (d) Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor.

42-3-51. (a) Agencies desiring to allow offenders to participate in their program shall file with the court a letter of application showing:
(1) Eligibility; (2) Number of offenders who may be placed with the agency; (3) Work to be performed by the offender; and (4) Provisions for supervising the offender. (b) An agency selected by the court shall work offenders who are assigned to the agency by the court. If an offender violates a court order, the agency shall report such violation to the community service officer.

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(c) If an agency violates any court order or this article, the offender shall be removed from the agency and the agency shall no longer be eligible to participate in the court's community service or educational advancement program. (d) No agency or community service officer shall be liable at law as a result of any of such agency's or community service officer's acts performed while an offender was participating in community service or educational advancement program. This limitation of liability shall not apply to actions on the part of any agency or community service officer which constitute gross negligence, recklessness, or willful misconduct.

42-3-52. (a) Community service or educational advancement may be considered as a condition of probation or in lieu of court imposed financial obligations with primary consideration given to the following categories of offenders:
(1) Traffic violations; (2) Ordinance violations; (3) Noninjurious or nondestructive, nonviolent misdemeanors; (4) Noninjurious or nondestructive, nonviolent felonies; and (5) Other offenders considered upon the discretion of the court. (b) The court may confer with the prosecuting attorney, the offender or his or her attorney if the offender is represented by an attorney, a community supervision officer, a community service officer, or other interested persons to determine if community service or educational advancement is appropriate for an offender. A court order shall specify that the court has approved community service or educational assistance for an offender. If community service or educational advancement is ordered, the court shall order: (1) Not less than 20 hours nor more than 250 hours in cases involving traffic or ordinance violations or misdemeanors, such service to be completed within one year; or (2) Not less than 20 hours nor more than 500 hours in felony cases, such service to be completed within three years. (c) The court may order an offender to perform community service hours in a 40 hour per week work detail in lieu of incarceration. (d) Community service or educational advancement hours may be added to original court ordered hours as a disciplinary action by the court, as an additional requirement of any program in lieu of incarceration, or as part of the sentencing options system as set forth in Article 6 of this chapter.

42-3-53. The community service officer shall place an offender sentenced to community service or educational advancement with an appropriate agency. The agency and work schedule shall be approved by the court. If the offender is employed at the time of sentencing or if the offender becomes employed after sentencing, the community service officer shall consider the offender's work schedule and, to the extent practicable, shall schedule the community

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service or educational advancement so that it will not conflict with the offender's work schedule. This scheduling accommodation shall not be construed as requiring the community service officer to alter scheduled community service or educational advancement based on changes in an offender's work schedule. The community service officer shall supervise the offender for the duration of the sentence which requires community service or educational advancement. Upon completion of the such sentence, the community service officer shall prepare a written report evaluating the offender's performance which shall be used to determine if the conditions of probation or sentence have been satisfied.

42-3-54. Article 2 of Chapter 8 of this title shall be applicable to offenders sentenced to community service or educational advancement pursuant to this article. Article 3 of Chapter 8 of this title shall be applicable to first offenders sentenced to community service or educational advancement pursuant to this article. Article 6 of Chapter 8 of this title shall be applicable to misdemeanor or ordinance violator offenders sentenced to community service or educational advancement pursuant to this article."

SECTION 2-12. Said title is further amended by revising paragraph (2) of subsection (e) of Code Section 42-8-34, relating to sentencing hearings and determinations, presentence investigations, payment of fees, fines, and costs, post-conviction, presentence bond, continuing jurisdiction, and transferral of probation supervision, as follows:
"(2) The court may convert fines, statutory surcharges, and probation supervision fees to community service or educational advancement on the same basis as it allows a defendant to pay a fine through community service or educational advancement as set forth in subsection (d) of Code Section 17-10-1."

SECTION 2-13. Said title is further amended by revising paragraph (2) of subsection (d) of Code Section 42-8-37, relating to the effect of termination of the probated portion of a sentence and review of cases of persons receiving probated sentences, as follows:
"(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. When such petition is unopposed, the court shall issue an order as soon as possible or otherwise set the matter for a hearing within 90 days of receiving such petition."

SECTION 2-14. Said title is further amended by revising paragraph (1) of subsection (b) of Code Section 42-8-62.1, relating to limiting public access to first offender status, petitioning, and sealing a record, as follows:

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"(b)(1) At the time of sentencing, or during the term of a sentence that was imposed before July 1, 2016, the defendant may seek to limit public access to his or her first offender sentencing information, and the court may, in its discretion, order any of the following:
(A) Restrict dissemination of the defendant's first offender records; (B) The criminal file, docket books, criminal minutes, final record, all other records of the court, and the defendant's criminal history record information in the custody of the clerk of court, including within any index, be sealed and unavailable to the public; and (C) Law enforcement agencies, jails, or detention centers to restrict the defendant's criminal history record information of arrest, including any fingerprints or photographs taken in conjunction with such arrest."

SECTION 2-15. Said title is further amended in Code Section 42-8-66, relating to a petition for exoneration and discharge, hearing, and retroactive grant of first offender status, by revising subsection (a) 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 court 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 court in which he or she was convicted for exoneration of guilt and discharge pursuant to this article." "(h) There shall be no filing fee charged for a petition filed pursuant to this Code section."

SECTION 2-16. Said title is further amended by revising subsection (d) of Code Section 42-8-102, relating to probation and supervision, determination of fees, fines, and restitution, converting moneys owed to community service, continuing jurisdiction, revocation, and transfer, as follows:
"(d) The court may convert fines, statutory surcharges, and probation supervision fees to community service or educational advancement on the same basis as it allows a defendant to pay a fine through community service or educational advancement as set forth in subsection (d) of Code Section 17-10-1."

SECTION 2-17. Said title is further amended by revising subsection (b) of Code Section 42-8-103, relating to pay-only probation and discharge or termination of probation, as follows:
"(b) When pay-only probation is imposed, the total maximum fee collected shall be capped so as not to exceed three months of ordinary probation supervision fees at a monthly rate

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not to exceed the rate set forth in the contract between the court and the provider of services, notwithstanding the number of cases for which a fine and statutory surcharge were imposed or that the defendant was sentenced to serve consecutive sentences; provided, however, that collection of such fee shall terminate as soon as all court imposed fines and statutory surcharges are paid in full; and provided, further, that when all such fines and statutory surcharges are paid in full, the probation officer or private probation officer, as the case may be, shall submit an order to the court terminating the probated sentence within 30 days of fulfillment of such conditions. Within 90 days of receiving such order, the court shall issue an order terminating such probated sentence or issue an order stating why such probated sentence shall continue."

SECTION 2-18. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 42-8-105, relating to a probationer's obligation to keep officer informed of certain information and tolling for failure to meet certain obligations, as follows:
"(2) In the event the probationer does not report to his or her probation officer or private probation officer, as the case may be, within the period prescribed in subparagraph (D) of paragraph (1) of this subsection, such officer shall submit the affidavit required by this subsection to the court. If the probationer reports to his or her probation officer or private probation officer, as the case may be, within the period prescribed in subparagraph (D) of paragraph (1) of this subsection, such officer shall neither submit such affidavit nor seek a tolling order."

SECTION 2-19. An Act relating to the effect of a confinement sentence when guilt has not been adjudicated, approved March 20, 1985 (Ga. L. 1985, p. 380), is amended by revising Section 3 as follows:

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

SECTION 2-20. Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking professional licenses, is amended by revising paragraph (4) of subsection (a) and subsection (q) as follows:
"(4)(A) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, when:
(i) A sentence for such offense was imposed pursuant to Article 3 of Chapter 8 of Title 42 or another state's first offender laws; (ii) A sentence for such offense was imposed pursuant to subsection (a) or (c) of Code Section 16-13-2;

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(iii) A sentence for such offense was imposed as a result of a plea of nolo contendere; or (iv) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge. (B) An order entered pursuant to subsection (a) or (c) of Code Section 16-13-2, Article 3 of Chapter 8 of Title 42, or another state's first offender treatment order shall be conclusive evidence of an arrest and sentencing for such offense;" "(q)(1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section or any other provision of law, and unless a felony or crime involving moral turpitude directly relates to the occupation for which the license is sought or held, no professional licensing board shall refuse to grant a license to an applicant therefor or shall revoke the license of an individual licensed by that board due solely or in part to such applicant's or licensee's: (A) Conviction of any felony or any crime involving moral turpitude, whether it occurred in the courts of this state or any other state, territory, or country or in the courts of the United States; (B) Arrest, charge, and sentence for the commission of such offense; (C) Sentence for such offense pursuant to Article 3 of Chapter 8 of Title 42 or another state's first offender laws; (D) Sentence for such offense pursuant to subsection (a) or (c) of Code Section 16-13-2; (E) Sentence for such offense as a result of a plea of nolo contendere; or (F) Adjudication of guilt or sentence was otherwise withheld or not entered. (2) In determining if a felony or crime involving moral turpitude directly relates to the occupation for which the license is sought or held, the professional licensing board shall consider: (A) The nature and seriousness of such felony or crime involving moral turpitude and the relationship of such felony or crime involving moral turpitude to the occupation for which the license is sought or held; (B) The age of the individual at the time such felony or crime involving moral turpitude was committed; (C) The length of time elapsed since such felony or crime involving moral turpitude was committed; (D) All circumstances relative to such felony or crime involving moral turpitude, including, but not limited to, mitigating circumstances or social conditions surrounding the commission of such felony or crime involving moral turpitude; and (E) Evidence of rehabilitation and present fitness to perform the duties of the occupation for which the license is sought or held."

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PART III SECTION 3-1.

Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Community Health, is amended by revising paragraph (1) of Code Section 31-2-1, relating to legislative intent and grant of authority, as follows:
"(1) Serve as the lead planning agency for all health issues in the state to remedy the current situation wherein the responsibility for health care policy, purchasing, planning, and regulation is spread among many different agencies and achieve determinations of Medicaid eligibility for inmates to attain services at long-term care facilities when he or she is being considered for parole;"

SECTION 3-2. Said chapter is further amended in Code Section 31-2-4, relating to the department's powers, duties, functions, and responsibilities, by deleting "and" at the end of division (d)(10)(B)(ii), by replacing the period with "; and" at the end of subparagraph (d)(11)(D), and by adding two new paragraphs to read as follows:
"(12) In cooperation with the Department of Corrections and the State Board of Pardons and Paroles, shall establish and implement a Medicaid eligibility determination procedure so that inmates being considered for parole who are eligible for long-term care services may apply for Medicaid; and (13) Shall request federal approval for and facilitate the application of certificates of need for facilities capable of providing long-term care services, with Medicaid as the primary funding source, to inmates who are eligible for such services and funding upon his or her release from a public institution, as such term is defined in Code Section 49-4-31."

SECTION 3-3. Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, is amended by revising Code Section 49-4-31, relating to definitions for old-age assistance, as follows:
"49-4-31. As used in this article, the term:
(1) 'Applicant' means a person who has applied for assistance under this article. (2) 'Assistance' means money payments to, medical care in behalf of, or any type of remedial care recognized under state law in behalf of needy individuals who are 65 years of age or older but shall not include any such payments to or care in behalf of any individual who is a patient in an institution for tuberculosis or mental health or developmental disability services. (3) 'Medical institution' means an institution that is organized to provide medical, nursing, or convalescent care.

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(4) 'Public institution' means an institution that is the responsibility of a governmental unit or over which a governmental unit exercises administrative control. (5) 'Recipient' means a person who has received assistance under this article."

SECTION 3-4. Said chapter is further amended by revising Code Section 49-4-32, relating to eligibility for assistance under this article, as follows: "49-4-32.
(a) Assistance shall be granted under this article to any person who: (1) Is 65 years of age or older; (2) Does not have sufficient income or other resources to provide a reasonable subsistence compatible with decency and health; (3) Has not made an assignment or transfer of property for the purpose of attaining eligibility for assistance under this article at any time within two years immediately prior to the filing of application for assistance pursuant to this article; (4) Has been a bona fide resident of this state for not less than one year; and (5) Is not receiving assistance under Article 3 of this chapter.
(b) No applicant shall be required to subscribe to a pauper's oath in order to be eligible for assistance under this article. (c) Inmates of any public institution meeting the requirements of subsection (a) of this Code section may be granted assistance, provided such public institution has entered into an agreement with the Department of Community Health to determine an inmate's eligibility for assistance and services. Such agreement shall require the public institution or medical institution providing services to such inmate to provide the Department of Community Health with the required monetary payment to match the federal matching funds as set forth in federal law for the services received."

SECTION 3-5. Said chapter is further amended in Code Section 49-4-51, relating to definitions for aid to the blind, by revising paragraph (2), by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and paragraphs (5) and (6) as paragraphs (7) and (8), respectively, and by adding new paragraphs to read as follows:
"(2) 'Assistance' means money payments to or hospital care in behalf of needy blind individuals but shall not include any such payments to or care in behalf of any such individual who:
(A) Is a patient in an institution for tuberculosis or mental illness or developmental disability; or (B) Has been diagnosed as having tuberculosis or being mentally ill or developmentally disabled and is a patient in a medical institution as a result thereof. (3) 'Medical institution' means an institution that is organized to provide medical, nursing, or convalescent care."

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"(6) 'Public institution' means an institution that is the responsibility of a governmental unit or over which a governmental unit exercises administrative control."

SECTION 3-6. Said chapter is further amended by revising subsection (b) of Code Section 49-4-52, relating to eligibility for assistance under this article, as follows:
"(b) Inmates of any public institution meeting the requirements of subsection (a) of this Code section may be granted assistance, provided such public institution has entered into an agreement with the Department of Community Health to determine an inmate's eligibility for assistance and services. Such agreement shall require the public institution or medical institution providing services to such inmate to provide the Department of Community Health with the required monetary payment to match the federal matching funds as set forth in federal law for the services received."

SECTION 3-7. Said chapter is further amended in Code Section 49-4-80, relating to definitions for aid to the disabled, by revising paragraph (2), by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively, and by adding new paragraphs to read as follows:
"(2) 'Assistance' means money payments to, or hospital care in behalf of, needy individuals who are totally and permanently disabled but does not include any individual:
(A) Who is a patient in an institution for tuberculosis or mental illness or developmental disability; or (B) Who has been diagnosed as having tuberculosis or being mentally ill or developmentally disabled and is a patient in a medical institution as a result thereof. (3) 'Medical institution' means an institution that is organized to provide medical, nursing, or convalescent care. (4) 'Public institution' means an institution that is the responsibility of a governmental unit or over which a governmental unit exercises administrative control."

SECTION 3-8. Said chapter is further amended in Code Section 49-4-81, relating to eligibility for assistance under this article, by adding a new subsection to read as follows:
"(c) Inmates of any public institution meeting the requirements of subsection (a) of this Code section may be granted assistance, provided such public institution has entered into an agreement with the Department of Community Health to determine an inmate's eligibility for assistance and services. Such agreement shall require the public institution or medical institution providing services to such inmate to provide the Department of Community Health with the required monetary payment to match the federal matching funds as set forth in federal law for the services received."

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PART IV SECTION 4-1.

Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subparagraph (a)(6)(B) of Code Section 16-8-12, relating to penalties for theft in violation of Code Sections 16-8-2 through 16-8-9, as follows:
"(B) If the property which was the subject of the theft offense was a destructive device, explosive, or firearm, by imprisonment for not less than one year nor more than ten years; provided, however, that upon a second or subsequent conviction, by imprisonment for not less than five nor more than ten years;"

SECTION 4-2. Said title is further amended by revising Code Section 16-9-70, relating to criminal use of an article with an altered identification mark, as follows:
"16-9-70. (a) As used in this Code section, the term 'firearm' shall have the same meaning as set forth in division (a)(6)(A)(iii) of Code Section 16-8-12. (b) A person commits the offense of criminal use of an article with an altered identification mark when he or she buys, sells, receives, disposes of, conceals, or has in his or her possession a radio, piano, phonograph, sewing machine, washing machine, typewriter, adding machine, comptometer, bicycle, firearm, safe, vacuum cleaner, dictaphone, watch, watch movement, watch case, or any other mechanical or electrical device, appliance, contrivance, material, vessel as defined in Code Section 52-7-3, or other piece of apparatus or equipment, other than a motor vehicle as defined in Code Section 40-1-1, from which he or she knows the manufacturer's name plate, serial number, or any other distinguishing number or identification mark has been removed for the purpose of concealing or destroying the identity of such article.
(c)(1) A person convicted of the offense of criminal use of an article, other than a firearm, with an altered identification mark shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than five years. (2) A person convicted of the offense of criminal use of a firearm with an altered identification mark shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than ten years; provided, however, that upon a second or subsequent conviction, by imprisonment for not less than five nor more than ten years. (d) This Code section shall not apply to those cases or instances when any of the changes or alterations enumerated in subsection (b) of this Code section have been customarily made or done as an established practice in the ordinary and regular conduct of business by the original manufacturer or by its duly appointed direct representative or under specific authorization from the original manufacturer."

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SECTION 4-3. Said title is further amended by revising Code Section 16-11-113, relating to the offense of transferring a firearm to an individual other than the actual buyer, as follows:
"16-11-113. (a) Any person who knowingly attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm to an individual who is not the actual buyer, to an individual who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42, to an individual who is on probation and sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2, or to an individual who has been convicted of a felony by a court of this state or any other state, as well as any other person who willfully and intentionally aids or abets such person, shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than five years; provided, however, that upon a second or subsequent conviction, by imprisonment for not less than five nor more than ten years. (b) This Code section shall not apply to a federal law enforcement officer or a peace officer, as defined in Code Section 16-1-3, in the performance of his or her official duties or other person under such officer's direct supervision."

SECTION 4-4. Said title is further amended by revising subsections (b), (b.1), and (f) of Code Section 16-11-131, relating to possession of firearms by convicted felons and first offender probationers, as follows:
"(b) Any person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42, who is on probation and was sentenced for a felony under subsection (a) or (c) of Code Section 16-13-2, or who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and who receives, possesses, or transports any firearm commits a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than ten years; provided, however, that upon a second or subsequent conviction, such person shall be imprisoned for not less than five nor more than ten years; provided, further, that if the felony for which the person is on probation or has been previously convicted is a forcible felony, then upon conviction of receiving, possessing, or transporting a firearm, such person shall be imprisoned for a period of five years. (b.1) Any person who is prohibited by this Code section from possessing a firearm because of conviction of a forcible felony or because of being on probation as a first offender or under conditional discharge for a forcible felony and who attempts to purchase or obtain transfer of a firearm shall be guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year nor more than five years; provided, however, that upon a second or subsequent conviction, such person shall be punished by imprisonment for not less than five nor more than ten years."

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"(f) Any person sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42 or sentenced pursuant to subsection (a) or (c) of Code Section 16-13-2 and subsequently discharged without court adjudication of guilt as a matter of law pursuant to Code Section 42-8-60 or 16-13-2, as applicable, shall, upon such discharge, be relieved from the disabilities imposed by this Code section."

SECTION 4-5. Code Section 16-13-60 of the Official Code of Georgia Annotated, relating to privacy and confidentiality, use of data, and security program for the prescription drug monitoring program data base, is amended by revising subsection (c) as follows:
"(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; (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 or to federal law enforcement or prosecutorial officials as allowed by federal law by the issuance of a search warrant, a grand jury subpoena, an administrative subpoena, or a civil investigative demand; (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 power;
(5)(A) To not more than two individuals who are members per shift or rotation of the prescriber's or dispenser's staff; (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

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(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 medical director of such health care facility has authorized the particular individuals for such access; (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; and (8) To a prescription drug monitoring program operated by a government entity in another state or an electronic medical records system operated by a prescriber or health care facility, provided the program or system, as determined by the department, contains legal, administrative, technical, and physical safeguards that meet or exceed the security measures of the department for the operation of the PDMP pursuant to this part."

PART V SECTION 5-1.

Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, is amended by adding a new Code section to read as follows:
"20-4-39. Campus policemen and other security personnel who are regular employees of the Technical College System of Georgia shall have the power to make arrests for offenses committed upon any property under the jurisdiction of the Technical College System of Georgia and for offenses committed upon any public or private property within 500 feet of such property."

SECTION 5-2. Chapter 8 of Title 20 of the Official Code of Georgia Annotated, relating to campus policemen, is amended by revising Code Section 20-8-4, relating to exemption of university system campus policemen, as follows:
"20-8-4. A campus policeman exercising the power of arrest pursuant to Code Section 20-3-72 or 20-4-39 providing campus policemen and other security personnel of the University System of Georgia or the Technical College System of Georgia with arrest powers for offenses committed upon university system property or Technical College System of Georgia property, respectively, shall be exempt from this chapter."

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SECTION 5-3. Chapter 69 of Title 36 of the Official Code of Georgia Annotated, relating to mutual aid regarding local government, is amended by revising Code Section 36-69-3, relating to extraterritorial cooperation and assistance to local law enforcement agencies or fire departments and commander of operations, as follows:
"36-69-3. (a)(1) Upon the request of a local law enforcement agency for assistance in a local emergency, in the prevention or detection of violations of any law, in the apprehension or arrest of any person who violates a criminal law of this state, or in any criminal case, the chief of police or public safety director of any municipality or chief of police or public safety director of any county police force may, with the approval of the governing authority of any such officer's political subdivision, and the sheriff of any county may cooperate with and render assistance extraterritorially to such local law enforcement agency requesting the same. (2)(A) Upon the request of a local law enforcement agency for assistance in a local emergency, in the prevention or detection of violations of any law, in the apprehension or arrest of any person who violates a criminal law of this state, or in any criminal case, the public safety director or chief of police of any institution within the University System of Georgia or the Technical College System of Georgia may, with the approval of the president of such institution, cooperate with and render assistance extraterritorially to such law enforcement agency requesting the same. (B) Upon the request for assistance in a local emergency, in the prevention or detection of violations of any law, in the apprehension or arrest of any person who violates a criminal law of this state, or in any criminal case, which request is made by a public safety director or chief of police of any institution within the University System of Georgia or the Technical College System of Georgia after approval by the president of such institution, the chief of police or public safety director of any municipality or any county police force may, with the approval of the governing authority of any such officer's political subdivision and the sheriff of the county, cooperate with and render assistance extraterritorially to such law enforcement agency of the institution requesting the same.
(b) Upon the request of any local fire department for assistance in a local emergency, in preventing or suppressing a fire, or in protecting life and property, the fire chief or public safety director of any local political subdivision may, with the approval of the governing authority of such political subdivision, cooperate with and render assistance extraterritorially to such local fire department requesting the same. (c) Upon the request of any local law enforcement agency or local director of emergency medical services for assistance in a local emergency or in transporting wounded, injured, or sick persons to a place where medical or hospital care is furnished, emergency medical technicians employed by a political subdivision may, with the approval of the governing

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authority of such political subdivision, cooperate with and render assistance extraterritorially to such local law enforcement agency or local director of emergency services. (d) Authorization for furnishing assistance extraterritorially may be granted by the sheriff of any county or the governing authority of a local political subdivision or the president of an institution within the University System of Georgia or the Technical College System of Georgia to any of its agencies or employees covered by this Code section prior to any occurrence resulting in the need for such assistance; provided, however, that any prior authorization granted by the president of an institution within the University System of Georgia or the Technical College System of Georgia for the furnishing of assistance extraterritorially must be submitted to and approved by the board of regents or the State Board of the Technical College System of Georgia, respectively, before it becomes effective. Such authorization may provide limitations and restrictions on such assistance furnished extraterritorially, provided that such limitations and restrictions do not conflict with the provisions of Code Sections 36-69-4 through 36-69-6. (e) The senior officer of the public safety agency of a political subdivision or institution within the University System of Georgia or the Technical College System of Georgia which requests assistance in a local emergency as provided in this Code section shall be in command of the local emergency as to strategy, tactics, and overall direction of the operations with respect to the public safety officers and employees rendering assistance extraterritorially at the request of such public safety agency. All orders or directions regarding the operations of the public safety officers and employees rendering assistance extraterritorially shall be relayed to the senior officer in command of the public safety agency rendering assistance extraterritorially."

SECTION 5-4. Said chapter is further amended by inserting "or the Technical College System of Georgia" after "University System of Georgia" each time said phrase occurs in:
(1) Code Section 36-36-2, relating to "Local emergency" defined. (2) Code Section 36-36-4, relating to powers and duties of employees of political subdivision or institution within the University System of Georgia who are rendering aid. (3) Code Section 36-36-5, relating to responsibility for expenses and compensation of employees. (4) Code Section 36-36-6, relating to applicability of privileges, immunities, exemptions, and benefits. (5) Code Section 36-36-7, relating to liability for acts or omissions of responding agency employees. (6) Code Section 36-36-8, relating to construction of chapter.

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PART VI SECTION 6-1.

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

Approved May 7, 2018.

__________

PROFESSIONS AND BUSINESSES PROFESSIONAL LAND SURVEYORS; COMPREHENSIVE REVISION.

No. 417 (Senate Bill No. 425).

AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change provisions relating to professional land surveyors; to change and add certain defined terms; to provide for land surveyor interns; to change certain educational and examination requirements; to provide certain exceptions; to provide for applicability; to make certain acts unlawful; 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 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Chapter 15, relating to professional engineers and land surveyors, as follows:

"CHAPTER 15

43-15-1. This chapter is enacted to safeguard life, health, and property and to promote the public welfare.

43-15-2. As used in this chapter, the term:
(1) 'Board' means the State Board of Registration for Professional Engineers and Land Surveyors created in subsection (a) of Code Section 43-15-3.

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(2) 'Certificate' means any certificate issued under Code Section 43-15-8 or 43-15-12. (3) 'Certificate of registration' means any certificate issued under Code Section 43-15-9 or 43-15-16. (4) 'Current certificate of registration' means a certificate of registration which has not expired or been revoked and the rights under which have not been suspended or otherwise restricted by the board. (4.1) 'Current license' means a license issued under Code Section 43-15-13 which has not expired or been revoked and the rights under which have not been suspended or otherwise restricted by the board. (5) 'Engineer-in-training' means an individual who meets the qualifications for and to whom the board has duly issued an engineer-in-training certificate. (6) 'Land surveying' means any service, work, or practice, the adequate performance of which requires the application of special knowledge of the principles of mathematics, the related physical and applied sciences, and the requirements of relevant law in the evaluation and location of property rights, as applied to:
(A) Measuring and locating lines, angles, elevations, natural and manmade features in the air, on the surface of the earth, in underground works, and on the beds of bodies of water, for the purpose of determining and reporting positions, topography, areas, and volumes; (B) Establishing or reestablishing, locating or relocating, or setting or resetting of monumentation for any property, easement, or right of way boundaries, or the boundary of any estate or interest therein; (C) The platting and layout of lands and subdivisions thereof, including alignment and grades of streets and roads, excluding thoroughfares; (D) The design, platting, and layout, incidental to subdivisions of any tract of land by a land surveyor, of:
(i) Grading plans and site plans; (ii) Erosion and sediment control plans, including detention ponds, provided that no impoundment shall be designed on a live (perennial) stream; provided, further, that such detention ponds:
(I) Contain no more than five acre-feet of water storage at maximum pool (top of dam) or are no more than ten feet in height for a dry storage pond; (II) Are no more than six feet in height for a permanent (wet) storage pond; or (III) Contain no more than three acre-feet of water storage at maximum pool (top of dam) if the height is more than ten feet but less than 13 feet for a dry storage pond; (iii) Storm water management plans and facilities, including hydrologic studies and temporary sediment basins, provided that the contributing drainage area shall not be larger than 100 acres; and (iv) Extension of existing water distribution piping and gravity sewers, eight inches in diameter or smaller, provided that off-site length shall not exceed 1,000 feet, the design and construction of which shall conform to the local government ordinances

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and regulations, and such extensions shall be subjected to the review and approval of a local government which has been delegated approval authority by the Environmental Protection Division of the Department of Natural Resources, provided that the design of any storm-water management plans, facilities, water distribution lines, and sanitary sewer collection systems shall be performed only by such professional land surveyors who are qualified to do so as provided in Code Section 43-15-13.1; (E) Conducting horizontal and vertical control surveys, layout or stake-out of proposed construction, or the preparation of as-built surveys which relate to property, easement, or right of way boundaries; (F) Utilization of measurement devices or systems, such as aerial photogrammetry, geodetic positioning systems, land information systems, or similar technology for evaluation or location of property, easement, or right of way boundaries; or (G) The preparation and perpetuation of maps, record plats, drawings, exhibits, field notes, or property descriptions representing these services. (7) 'Land surveyor intern' means an individual who meets the qualifications for and to whom the board has duly issued a certificate as a land surveyor-in-training. (8) 'Person' means an individual or any legal or commercial entity, including, by way of illustration and not limitation, a partnership, corporation, association, or governmental agency. (9) 'Professional engineer' means an individual who is qualified, by reason of knowledge of mathematics, the physical sciences, and the principles by which mechanical properties of matter are made useful to mankind in structures and machines, acquired by professional education and practical experience, to engage in the practice of professional engineering and who possesses a current certificate of registration as a professional engineer issued by the board. (10) 'Professional engineering' means the practice of the arts and sciences, known as engineering, by which mechanical properties of matter are made useful to mankind in structures and machines and shall include any professional service, such as consultation, investigation, evaluation, planning, designing, or responsible supervision of construction or operation, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works, or projects, wherein the public welfare or the safeguarding of life, health, or property is concerned or involved, when such professional service requires the application of engineering principles and data and training in the application of mathematical and physical sciences. An individual shall be construed to practice or offer to practice professional engineering, within the meaning of this chapter, who by verbal claim, sign, advertisement, letterhead, card, or in any other way represents or holds himself or herself out as a professional engineer or engineer or as able or qualified to perform engineering services or who performs any of the services set out in this paragraph. Nothing contained in this chapter shall include the work ordinarily performed by individuals who operate or maintain machinery or equipment.

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(11) 'Professional land surveyor' or 'registered land surveyor' or 'land surveyor' means an individual who is qualified to engage in the practice of land surveying and who possesses a current license as a professional land surveyor issued by the board. An individual shall be construed to practice or offer to practice land surveying within the meaning of this chapter who by verbal claim, sign, advertisement, letterhead, cards, or in any other way represents or holds himself or herself out as able or qualified to perform or who does perform land surveying services.

43-15-3. (a) A State Board of Registration for Professional Engineers and Land Surveyors is created whose duty it shall be to administer this chapter. (b) The board shall consist of six professional engineers, two professional land surveyors, and a member appointed from the public at large who has no connection with the professions of engineering and land surveying, all of whom shall be appointed by the Governor for a term of five years. Of the professional engineers appointed to the board, one shall be a structural engineer, one shall be a mechanical engineer, one shall be an electrical engineer, two shall be civil or sanitary engineers, and one shall be from any discipline of engineering. Each member of the board shall be a citizen of the United States and a resident of this state. (c) Each member shall hold office until his or her successor has been duly appointed and qualified. All successors shall be appointed in the same manner as the original appointment. (d) A vacancy on the membership of the board shall be filled by appointment by the Governor, in the same manner as the original appointment to the position vacated, for the unexpired term. (e) Professional engineers appointed to the board shall have been engaged in the practice of engineering in their respective disciplines for at least 12 years and shall have been in responsible charge of important engineering work in their respective disciplines for at least five years. Professional land surveyors appointed to the board shall have been engaged in the practice of land surveying for at least 12 years and shall have been in responsible charge of important land surveying work for at least five years. Responsible charge of engineering or land surveying teaching may be construed as responsible charge of important engineering or land surveying work, respectively. (f) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (g) The Governor may remove any member of the board for misconduct, incompetency, neglect of duty, or any other sufficient and just cause.

43-15-4. (a) The board shall adopt all necessary rules, regulations, and bylaws, not inconsistent with this chapter and the Constitution and laws of this state or of the United States, to govern its times and place of meetings for organization and reorganization, for the holding of

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examinations, for fixing the length of terms of its officers, and for governing all other matters requisite to the exercise of its powers, the performance of its duties, and the transaction of its businesses. The board shall adopt an official seal. (b) The board shall meet at such times as the business of the board shall require, as the board or its chairman may determine, but shall hold one annual meeting each year at which time the board shall elect a chairman and a vice chairman. (c) The board shall be assigned to the office of the division director for those purposes described in Chapter 1 of this title.

43-15-5. The board shall keep records of its proceedings.

43-15-6. (a) In carrying out this chapter, in addition to other powers conferred upon it under this chapter, the board shall have the power:
(1) To adopt and enforce regulations implementing this chapter, including regulations governing the professional conduct of those individuals registered by it; (2) Under the hand of its chairman or his or her delegate and the seal of the board, to subpoena witnesses and compel their attendance and to require thereby the production of books, papers, documents, and other things relevant to such investigation in order to investigate conduct subject to regulation by the board; the chairman or the member of the board who is his or her delegate may administer oaths to witnesses appearing before the board; and the board may secure the enforcement of its subpoenas in the manner provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and (3) To maintain in its name an action for injunctive or other appropriate legal or equitable relief to remedy violations of this chapter and, in pursuing equitable remedies, it shall not be necessary that the board allege or prove that it has no adequate remedy at law. (b) In addition to other powers conferred upon the board under this chapter, the board shall through rules and regulations require each individual seeking renewal of a certificate of registration as a professional engineer or a license as a professional land surveyor to complete board approved continuing education of not more than 30 hours biennially for professional engineers and not more than 15 hours biennially for professional land surveyors. The board shall be authorized to approve courses offered by institutions of higher learning or offered by other institutions or organizations. The board shall randomly audit some applications for renewal of a certificate of registration or license to enforce compliance with this subsection. The continuing education requirements adopted by the board shall recognize the continuing education requirements imposed by other states to the extent that such continuing education courses meet the requirements imposed by the board. The board shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. The board shall waive the continuing education requirement for individuals

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over the age of 65 who have retired from active practice and who apply for an inactive license and for individuals over the age of 65 who are engaged in the active practice of their profession who have had a valid active license for the previous 25 consecutive years. The requirement for continuing education including the exemptions provided for in this subsection shall apply to each licensing renewal cycle which begins after the 1996 renewal cycle.

43-15-7. (a) It shall be unlawful for any person other than a professional engineer to practice or to offer to practice professional engineering in this state. (b) It shall be unlawful for any person other than a professional land surveyor to practice or to offer to practice land surveying in this state.

43-15-8. To be eligible for certification as an engineer-in-training, an applicant must meet the following minimum requirements:
(1)(A) Graduate in an engineering curriculum of not less than four years from a school or college approved by the board; and (B) Pass a written examination in fundamental engineering subjects (engineer-in-training examination); (2)(A) Graduate in an engineering curriculum of not less than four years or in a curriculum of four or more years in engineering technology or related science, from a school or college approved by the board; and (B) Pass a written examination in fundamental engineering subjects (engineer-in-training examination); or (3)(A) Acquire not less than eight years of experience in engineering work of a nature satisfactory to the board; and (B) Pass a written examination in fundamental engineering subjects (engineer-in-training examination).

43-15-9. To be eligible for a certificate of registration as a professional engineer, an applicant must meet the following minimum requirements:
(1)(A) Obtain certification by the board as an engineer-in-training under paragraph (1) of Code Section 43-15-8; (B) Acquire a specific record of not less than four years' experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineer's examination);

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(2)(A) Obtain certification by the board as an engineer-in-training under paragraph (2) of Code Section 43-15-8; (B) Acquire a specific record of not less than seven years' experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineer's examination); (3)(A) Obtain certification by the board as an engineer-in-training under paragraph (3) of Code Section 43-15-8; (B) Acquire a specific record of not less than seven years' experience in engineering work of a character satisfactory to the board which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineer's examination); or (4)(A) Graduate in an engineering or related science curriculum of not less than four academic years; (B) Acquire a specific record of not less than 16 years' experience in engineering work, of which at least eight years have been in responsible charge of important engineering work of a character satisfactory to the board, which indicates the applicant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of engineering (professional engineer's examination).

43-15-10. (a) For the purpose of determining whether an applicant has acquired the experience required under Code Section 43-15-8 or 43-15-9:
(1) Responsible charge of engineering teaching may, in the board's sole discretion, be considered as responsible charge of engineering work; (2) The satisfactory completion of each academic year of an approved course in engineering or engineering technology in a school or college approved by the board, without graduation, may be considered as equivalent to a year of engineering experience; (3) Partial credit may be granted by the board for the successful completion of one or more scholastic years of a four-year engineering curriculum in a school or college not approved by the board or in a curriculum in related science in a school or college approved by the board. The degree of credit shall be determined by the board upon consideration of the mathematics, science, and engineering courses completed by the applicant; (4) No applicant shall receive experience credit for more than four years of undergraduate education; and (5) The satisfactory completion of graduate study in an approved engineering curriculum may, in the board's sole discretion, be credited for not more than one year's experience.

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(b) The execution, as a contractor, of work designed by a professional engineer or the supervision of the construction of such work as foreman, inspector, or superintendent shall not be deemed to be engineering experience unless such work involves the application of engineering principles and the applicant presents evidence of additional engineering experience of a character satisfactory to the board and indicating the applicant is competent to be placed in responsible charge of engineering work.

43-15-11. An applicant for the professional engineer's examination shall designate the special branch of engineering in which the applicant proposes to engage. The scope of the professional engineer's examination administered to him or her shall be prescribed by the board with respect to that branch of engineering, with special reference to the applicant's ability to design and supervise engineering work so as to ensure the safety of life, health, and property.

43-15-12. (a) To be eligible for certification as a land surveyor intern, an applicant must meet the following minimum requirements:
(1)(A) Earn a bachelor's degree in a curriculum approved by the board; (B) Earn an associate degree, or its equivalent, in a curriculum approved by the board and acquire not less than two years of combined office and field experience in land surveying of a nature satisfactory to the board; or (C) Earn a high school diploma, or its equivalent, and acquire not less than four years' experience in land surveying of a nature satisfactory to the board; (2) Acquire a minimum of 18 semester hours of credit, or its equivalent, in land surveying subjects in a course of study approved by the board; and (3) Subsequently pass the board approved examination in the fundamentals of land surveying (land surveyor intern examination). (b) Land surveyor intern applicants may apply prior to July 1, 2020, with 15 quarter hours of credit in land surveying subjects in a course of study approved by the board and five quarter hours in hydrology. Such applicants applying prior to July 1, 2020, who meet the requirements of this subsection shall be eligible for licensure without the hydrology exam.

43-15-13. To be eligible for a license as a professional land surveyor, an applicant must meet the following minimum requirements:
(1)(A) Obtain certification as a land surveyor intern under subparagraph (A) of paragraph (1) and paragraph (3) of subsection (a) of Code Section 43-15-12; (B) Acquire a specific record of the equivalent of not less than four years of combined office and field experience in land surveying with a minimum of three years' experience in responsible charge of land surveying projects under the supervision of a professional

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land surveyor or such other supervision deemed by the board to be the equivalent thereof; and (C) Subsequently pass a written examination on the principles and practices of land surveying and the laws of this state relating to land surveying (professional land surveyor examination); (2)(A) Obtain certification as a land surveyor intern under subparagraph (B) of paragraph (1) and paragraph (3) of subsection (a) of Code Section 43-15-12; (B) Acquire an additional specific record of the equivalent of not less than four years of combined office and field experience in land surveying which, together with the qualifying experience under subparagraph (B) of paragraph (1) of subsection (a) of Code Section 43-15-12, includes not less than four years' experience in responsible charge of land surveying projects under the supervision of a professional land surveyor or such other supervision deemed by the board to be the equivalent thereof; and (C) Subsequently pass a written examination on the principles and practices of land surveying and the laws of Georgia relating to land surveying (professional land surveyor examination); or (3)(A) Obtain certification as a land surveyor intern under subparagraph (C) of paragraph (1) and paragraph (3) of subsection (a) of Code Section 43-15-12; (B) Acquire an additional specific record of not less than four years of experience in land surveying which, together with the qualifying experience under subparagraph (C) of paragraph (1) of subsection (a) of Code Section 43-15-12, includes not less than six years' experience in responsible charge of land surveying projects under the supervision of a professional land surveyor or such other supervision deemed by the board to be the equivalent thereof and of a grade and character satisfactory to the board indicating that the applicant is competent to practice land surveying; and (C) Subsequently pass a written examination on the principles and practices of land surveying and laws of this state relating to land surveying (professional land surveyor examination).

43-15-13.1. For an individual to be eligible to engage in the practices described in divisions (6)(D)(ii) through (iv) of Code Section 43-15-2, he or she shall:
(1) Obtain licensure as a professional land surveyor, registered land surveyor, or land surveyor under this chapter prior to July 1, 2018; or (2) Complete an additional three semester hours of coursework in hydrology, possess the requisite required by the board, and pass the hydrology exam. The licensing record for such individual as available to the public shall be marked as 'hydrology and design authorized.'

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43-15-14. Board approval of an applicant for examination entitles the applicant to admission to the next four consecutive examination offerings without reapplication. Following the first offering to which the applicant is entitled to admission, the applicant shall not be admitted to any of the succeeding three examination offerings except upon payment of a fee for each examination, to be determined by the board. Admission to any future examinations will be at the discretion of the board which may require the applicant to file a new application. An examination offering occurs regardless of whether the applicant attends.

43-15-15. (a) Applications for certificates, certificates of registration, and licenses shall be made under oath to the board and shall contain such information in the form and manner as shall be prescribed by the board. The application shall be accompanied by a fee in an amount prescribed by the board. (b) No individual shall be eligible for a certificate, a certificate of registration, or a license under this chapter who is not of good character and reputation. (c) If the board denies an application on the ground that the applicant lacks the requisite experience to admit him or her to the examination, the board may impose on the applicant a period of deferment on the filing of a new application, during which period the board shall not be required to accept for filing a new application by the applicant. The period of deferment shall not exceed the time reasonably required to acquire the requisite experience. (d) An application shall contain the names of not less than five individuals, not related to the applicant by blood or marriage, of whom at least three shall be professional engineers or professional land surveyors having personal knowledge of the experience on which the applicant predicates his or her qualifications. (e) Experience required under this chapter shall be of a character and nature approved by the board and consistent with the purposes of this chapter.

43-15-16. (a) The board may, in its discretion, upon application therefor and the payment of a fee prescribed by the board, issue a certificate of registration as a professional engineer to any individual who holds a certificate of qualification or registration issued to him or her by proper authority of the National Council of Engineering Examiners or of any state or territory or possession of the United States if the requirements of the registration of professional engineers under which the certificate of qualification or registration was issued do not conflict with this chapter and are of a standard not lower than that specified in this chapter or if the applicant held such certificate on or before July 1, 1956. The fact that the statute under which the individual was issued a certificate of qualification or registration in another state does not provide that the required written examination be passed subsequent to the acquisition of the required experience shall not be deemed as a conflict with, or lower

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than, the Georgia requirements, provided that the written examination and the amount of experience required for registration are substantially equivalent to the Georgia requirements. (b) The board may, in its discretion, upon application therefor and the payment of a fee prescribed by the board, issue a license as a professional land surveyor to any individual who holds a license to practice land surveying issued by a state or territory or possession of the United States obtained:
(1) By written examination of not less than eight hours in duration prior to July 1, 1968; (2) By written examination of not less than 16 hours in duration prior to July 1, 1978; or (3) Under qualifications comparable to those prescribed by this chapter; and in addition passes a written examination on the laws of Georgia relating to land surveying (professional land surveyor examination).

43-15-17. (a) Certificates, certificates of registration, or licenses shall be issued to applicants who successfully complete the respective requirements therefor upon the payment of fees prescribed by the board. (b) Certificates of registration or licenses shall be renewable biennially. Renewal may be effected for the succeeding two years by the payment of the fee prescribed by the board. Certificates of registration or licenses may be renewed subsequent to their expiration upon the payment of accumulated unpaid fees and of a penalty in an amount to be determined by the board. A certificate of registration or license that has been expired for a period of greater than four years shall be automatically revoked. (c) The division director shall give notice by mail to each individual holding a certificate of registration or license under this chapter of the date of the expiration of the certificate of registration or license and the amount of the fee required for renewal, at least one month prior to the expiration date; but the failure to receive such notice shall not avoid the expiration of any certificate of registration or license not renewed in accordance with this Code section.

43-15-18. (a) In the case of a professional engineer, the certificate of registration shall authorize the practice of professional engineering. In the case of a professional land surveyor, the license shall authorize the practice of land surveying. A certificate of registration or license shall show the full name of the registrant or licensee, shall have a serial number, and shall be signed by the chairman of the board and the division director under the seal of the board. (b) The issuance of a certificate of registration or license by the board shall be evidence that the individual named therein is entitled to all the rights and privileges of a professional engineer or a professional land surveyor, as the case may be, as long as the certificate or license remains unrevoked, unexpired, or unaffected by other discipline imposed by the board.

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43-15-19. (a) The board shall have the power, after notice and hearing, to deny any application made to it, to revoke or suspend any certificate, certificate of registration, or license issued by it, or to reprimand any individual holding a certificate, certificate of registration, or license issued by it, upon the following grounds:
(1) Commission of any fraud or deceit in obtaining a certificate, certificate of registration, or license; (2) Any gross negligence, incompetency, or unprofessional conduct in the practice of professional engineering or land surveying as a professional engineer or a professional land surveyor, respectively; (3) Affixing a seal to any plan, specification, plat, or report contrary to Code Section 43-15-22; (4) Conviction of a felony or crime involving moral turpitude in the courts of this state, the United States, or any state or territory of the United States or the conviction of an offense in another jurisdiction which, if committed in this state, would be deemed a felony. 'Conviction' shall include a finding or verdict of guilt, a plea of guilty, or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to Article 3 of Chapter 8 of Title 42 or any comparable rule or statute; or (5) Any violation of this chapter or any rule or regulation promulgated by the board pursuant to the powers conferred on it by this chapter. (b) 'Unprofessional conduct,' as referred to in paragraph (2) of subsection (a) of this Code section, includes a violation of those standards of professional conduct for professional engineers and professional land surveyors adopted by the board pursuant to the power conferred upon it to promulgate rules and regulations to effectuate the duties and powers conferred on it by this chapter.

43-15-20. (a) The board, in its sole discretion, may reissue a certificate, a certificate of registration, or a license to any individual whose certificate, certificate of registration, or license has been revoked or may terminate any suspension imposed by it upon the affirmative vote of a majority of the members of the board and upon the payment of a fee prescribed by the board. (b) A new certificate, certificate of registration, or license to replace any certificate or license lost, destroyed, or mutilated may be issued subject to the rules of the board upon the payment of a fee prescribed by the board.

43-15-21. (a) The board, or its delegate, in its sole discretion, may issue a temporary permit to an individual who is not a resident of and who has no established place of business in this state, or who has recently become a resident thereof, to permit him or her, in accordance with the

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conditions of the temporary permit, to practice or offer to practice engineering in this state if:
(1) An application for a certificate of registration has been filed with the board and the fee required by this chapter has been paid; (2) The applicant is legally qualified to practice such profession in the state or country of the applicant's residence or former residence; and (3) The requirements and qualifications for obtaining a certificate of registration in that jurisdiction are not lower than those specified in this chapter. (b) An application under subsection (a) of this Code section shall be made to the board in writing, containing such information and in the form and manner as shall be prescribed by the board. (c) The temporary permit shall continue only for such time as the board requires for the consideration of the application for registration. The temporary permit shall contain such conditions with respect to the scope of the permission granted as the board deems necessary or desirable. (d) Plans, specifications, plats, and reports issued by an individual holding a temporary permit shall bear his or her signature and a stamp containing his or her name, business address, and 'Georgia Professional Engineer Temporary Permit No. ____.' The signature and stamp shall be affixed only in accordance with the requirements of subsection (b) of Code Section 43-15-22. (e) An individual who has obtained a temporary permit and practices in accordance therewith is deemed to be a professional engineer for purposes of this chapter, but a temporary permit shall not be deemed to be a registration under any provision of this chapter, including, by way of illustration and not limitation, Code Section 43-15-23.

43-15-22. (a) Every professional engineer and professional land surveyor registered or licensed, as applicable, under this chapter shall, upon receipt of a certificate of registration or license, obtain a seal of the design authorized by the board, bearing the registrant's or licensee's name, certificate or license number, and the legend ' Professional Engineer,' or 'Professional Land Surveyor,' in accordance with the certificate of registration or license. (b) Plans, specifications, plats, and reports issued by a registrant or licensee shall be stamped or sealed and countersigned by the registrant or licensee; but it shall be unlawful for the registrant or licensee or any other person to stamp or seal any document with such seal after the certificate of the registrant or license of the licensee named thereon has expired, or has been revoked, or during the period of any suspension imposed by the board. No plans, specifications, plats, or reports shall be stamped with the seal of a registrant or a licensee unless such registrant or licensee has personally performed the engineering or land surveying work involved or, when the registrant or licensee has not personally performed the engineering or land surveying work reflected in any plan, specification, plat, or report, such registrant or licensee has affixed his or her seal thereto only if such document has been

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prepared by an employee or employees under the registrant's or licensee's direct supervisory control on a daily basis and after the registrant or licensee has thoroughly reviewed the work embodied in such document and has satisfied himself or herself completely that such work is adequate. (c) No registrant or licensee shall affix his or her seal to any plan, specification, plat, or report unless he or she has assumed the responsibility for the accuracy and adequacy of the work involved. (d) Any registrant or licensee who has affixed his or her seal to any plan, specification, plat, or report prepared by another individual not under the registrant's or licensee's direct supervisory control on a daily basis, and without having thoroughly reviewed such work, shall be deemed to have committed a fraudulent act of misconduct in the practice of professional engineering or land surveying.

43-15-23. (a) The practice of or offer to practice professional engineering, as defined in this chapter, by individual professional engineers registered under this chapter through a firm, corporation, professional corporation, partnership, association, or other entity offering engineering services to the public or by a firm, corporation, professional corporation, partnership, association, or other entity offering engineering services to the public through individual professional engineers as agents, employees, officers, members, or partners is permitted subject to the provisions of this chapter; provided, however, that one or more of the principals, officers, members, or partners of said firm, corporation, professional corporation, partnership, association, or other entity and all personnel of such firm, corporation, partnership, association, or entity who act in its behalf as professional engineers in this state shall be registered as provided in this chapter; and further provided that said firm, corporation, professional corporation, partnership, association, or entity has been issued a certificate of authorization by the board as provided in this chapter. (b) A firm, corporation, professional corporation, partnership, association, or other entity desiring a certificate of authorization shall file with the board an application upon a form to be prescribed by the board and accompanied by the registration fee prescribed by the board.
(c)(1) A corporation or professional corporation shall file with the board, using a form provided by the board, the names and addresses of all officers and board members of the corporation, including the principal officer or officers duly registered to practice professional engineering in this state and of an individual or individuals duly registered to practice professional engineering within this state who shall be in responsible charge of the practice of professional engineering in this state by said corporation. (2) A partnership shall file with the board, using a form provided by the board, the names and addresses of all partners of the partnership, including the partner or partners duly registered to practice professional engineering in this state and of an individual or individuals duly registered to practice professional engineering in this state who shall be

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in responsible charge of the practice of professional engineering in this state by said partnership. (3) Any firm, limited liability company, association, or entity which is not a corporation, professional corporation, or partnership shall file with the board, using a form provided by the board, the names and addresses of all principals or members of the firm, association, or entity duly registered to practice professional engineering in this state who shall be in responsible charge of the practice of professional engineering in this state by said firm, association, or other entity. (4) The forms provided in paragraphs (1) through (3) of this subsection must accompany a biennial renewal fee prescribed by the board. In the event there shall be a change in any of these persons, such change shall be designated on the same form and filed with the board by the firm, corporation, professional corporation, partnership, association, or entity within 30 days after the effective date of the change. (d)(1) After all of the requirements of this Code section have been complied with, the board shall issue to such firm, corporation, professional corporation, partnership, association, or other entity a certificate of authorization. (2) The board may refuse to issue a certificate if any facts exist which would entitle the board to suspend or revoke an existing certificate or if the board shall determine that any of the officers, directors, principals, members, agents, or employees of the entity to be licensed are not individuals of good character.

43-15-23.1. (a) The practice of or offer to practice land surveying, as defined in this chapter, by individual professional land surveyors licensed under this chapter through a firm, corporation, professional corporation, partnership, association, or other entity offering land surveying services to the public or by a firm, corporation, professional corporation, partnership, association, or other entity offering land surveying services to the public through individual professional land surveyors as agents, employees, officers, members, or partners is permitted subject to the provisions of this chapter; provided, however, that one or more of the principals, officers, members, or partners of said firm, corporation, professional corporation, partnership, association, or other entity and all personnel of such firm, corporation, professional corporation, partnership, association, or entity who act in its behalf as professional land surveyors in this state shall be licensed as provided in this chapter; and further provided that said firm, corporation, professional corporation, partnership, association, or entity has been issued a certificate of authorization by the board as provided in this chapter. (b) A firm, corporation, professional corporation, partnership, association, or other entity desiring a certificate of authorization shall file with the board an application upon a form to be prescribed by the board and accompanied by the registration fee prescribed by the board.

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(c)(1) A corporation or professional corporation shall file with the board, using a form provided by the board, the names and addresses of all officers and board members of the corporation, including the principal officer or officers duly licensed to practice land surveying in this state and of an individual or individuals duly licensed to practice land surveying within this state who shall be in responsible charge of the practice of land surveying in this state by said corporation. (2) A partnership shall file with the board, using a form provided by the board, the names and addresses of all partners of the partnership, including the partner or partners duly licensed to practice land surveying in this state and of an individual or individuals duly licensed to practice land surveying in this state who shall be in responsible charge of the practice of land surveying in this state by said partnership. (3) Any firm, limited liability company, association, or entity which is not a corporation, professional corporation, or partnership shall file with the board, using a form provided by the board, the names and addresses of all principals or members of the firm, association, or entity duly licensed to practice land surveying in this state who shall be in responsible charge of the practice of land surveying in this state by said firm, association, or other entity. (4) The forms provided in paragraphs (1) through (3) of this subsection must accompany a biennial renewal fee prescribed by the board. In the event there shall be a change in any of these persons, such change shall be designated on the same form and filed with the board by the firm, corporation, professional corporation, partnership, association, or entity within 30 days after the effective date of the change. (d)(1) After all of the requirements of this Code section have been complied with, the board shall issue to such firm, corporation, professional corporation, partnership, association, or other entity a certificate of authorization. (2) The board may refuse to issue a certificate if any facts exist which would entitle the board to suspend or revoke an existing certificate of authorization or if the board shall determine that any of the officers, directors, principals, members, agents, or employees of the entity to be licensed are not individuals of good character. (3) Every firm, partnership, corporation, or other entity which performs or offers to perform land surveying services shall have a resident professional land surveyor in responsible charge in each separate branch office in which land surveying services are performed or offered to be performed. As used in this Code section, the term 'resident' means a registrant who spends the majority of his or her normal working time at his or her place of business. The registrant can be the resident licensee at only one place of business at one time.

43-15-24. (a) It shall be unlawful for this state or any of its political subdivisions such as a county, municipality, or school district, or agencies thereof, or for any private or commercial entity to engage in the construction of any work or structures involving professional engineering

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which by the nature of their function or existence could adversely affect or jeopardize the health, safety, or welfare of the public unless the plans and specifications have been prepared under the direct supervision or review of and bear the seal of, and the construction is executed under the direct supervision of or review by, a professional engineer or architect. (b) Nothing in this Code section shall be held to apply to any construction, including alterations, of which the completed cost is less than $100,000.00 or which is used exclusively for private or noncommercial purposes, or to private residences, or to noncommercial farm buildings, or to residence buildings not exceeding two stories in height, excluding basements. (c) Any county, municipality, or other governing body in this state that issues building permits is required to maintain a permanent record of the permit application and issuance thereon indicating the name of the professional engineer or architect, if any, who has sealed the plans, specifications, plats, or reports pursuant to which said building permit is issued. Such record shall include details on the size, type of building or structure, use for said building or structure, and estimated cost of construction.

43-15-25. (a) Any person may prefer charges of fraud, deceit, gross negligence, incompetency, or unprofessional conduct against any individual holding a certificate, certificate of registration, or license. Such charges shall be in writing, shall be sworn to by the person making them, and shall be filed with the board. (b) All such charges, unless dismissed by the board as unfounded or trivial, shall be acted upon by the board.

43-15-26. (a) After notice and hearing, the board may issue an order prohibiting any person from violating Code Section 43-15-7 and may fine such person at least $100.00 but not more than $5,000.00 per violation. (b) The violation of any order of the board issued under subsection (a) of this Code section shall subject the person violating the order to an additional civil penalty not in excess of $100.00 for each transaction constituting a violation of such order. The board may maintain an action in the superior courts of this state in its own name to recover the penalties provided for in this Code section.

43-15-27. (a) It shall be the duty of all duly constituted law enforcement officers of this state and of the political subdivisions of this state to enforce this chapter and to prosecute any person violating this chapter. (b) The Attorney General or his or her designated assistant shall act as legal adviser to the board and render such legal assistance as may be necessary in carrying out this chapter.

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(c) Except as provided in Code Section 25-2-14, it shall be the duty of all public officials charged with the responsibility of enforcing codes related to construction to require compliance with Code Section 43-15-24 before engineering plans, drawings, and specifications are approved by construction. Except as provided in Code Section 25-2-14, no construction which is subject to Code Section 43-15-24 and which requires the service of an engineer shall be built without such approval prior to construction.

43-15-28. The board shall exercise the powers and duties conferred upon it in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

43-15-29. (a) Nothing in this chapter shall be construed as excluding a qualified architect registered in this state from such engineering practice as may be incident to the practice of his or her profession or as excluding a professional engineer from such architectural practice as may be incident to the practice of professional engineering. (b) The following persons shall be exempt from this chapter:
(1) An individual working as an employee or a subordinate of an individual holding a certificate of registration or license under this chapter or an employee of an individual practicing lawfully under Code Section 43-15-21, provided that such work does not include final design decisions and is done under the supervision of, and responsibility therefor is assumed by, an individual holding a certificate of registration or license under this chapter or an individual practicing lawfully under Code Section 43-15-21; (2) Officers and employees of the government of the United States while engaged within this state in the practice of professional engineering or land surveying for such government; (3) All elected officers of the political subdivisions of this state while in the practice of professional engineering or land surveying in the performance of their official duties; (4) Officers and employees of the Department of Transportation, except as required by Title 46, while engaged within this state in the practice of professional engineering or land surveying for such department; (5) Any defense, aviation, space, or aerospace company. As used in this paragraph, the term 'company' shall mean any sole proprietorship, firm, limited liability company, partnership, joint venture, joint stock association, corporation, or other business entity and any subsidiary or affiliate of such business entity; (6) Any employee, contract worker, subcontractor, or independent contractor who works for a defense, aviation, space, or aerospace company that is not required to be licensed under the provisions of this chapter pursuant to paragraph (5) of this subsection and who provides engineering for aircraft, space launch vehicles, launch services, satellites, satellite services, missiles, rockets, or other defense, aviation, space, or aerospace related products or services, or any components thereof; and

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(7) Any officer or employee of a state government agency or department, county or municipal government, regional commission, or utility authority who is engaged in the gathering, processing, managing, and sharing of geospatial and photogrammetric data for cataloging or mapping purposes for his or her respective agency. (c) This chapter shall not be construed as requiring registration or licensing for the purpose of practicing professional engineering or land surveying by an individual, firm, or corporation on property owned or leased by such individual, firm, or corporation unless the same involves the public safety or public health or for the performance of engineering which relates solely to the design or fabrication of manufactured products. (d) This chapter shall not be construed to prevent or affect the practice of professional engineering and land surveying with respect to utility facilities by any public utility subject to regulation by the Public Service Commission, the Federal Communications Commission, the Federal Power Commission, or like regulatory agencies, including its parents, affiliates, or subsidiaries; or by the officers and full-time permanent employees of any such public utility, including its parents, affiliates, or subsidiaries, except where such practice involves property lines of adjoining property owners, provided that this exception does not extend to any professional engineer or professional land surveyor engaged in the practice of professional engineering or land surveying whose compensation is based in whole or in part on a fee or to any engineering services performed by the utility companies referenced in this subsection not directly connected with work on their facilities. (e) This chapter shall not be construed to affect the lawful practice of a person acting within the scope of a certificate of registration or license granted by the state under any other law. (f) Nothing in this chapter shall be construed to require a contractor or an employee of a contractor that is performing layouts and measurements for a highway or construction project of such contractor to be licensed as a professional land surveyor; provided, however, that such individuals shall be prohibited from providing or offering to provide any other land surveying services and from performing a layout for a highway or construction project relative to a buffer, setback, or property line.

43-15-30. (a) Any person that violates Code Section 43-15-7 shall be guilty of a misdemeanor. (b) Any individual presenting or attempting to use as his or her own the certificate of registration or license or the seal of another obtained under this chapter shall be guilty of a misdemeanor. (c) Any person that gives any false or forged evidence of any kind to the board or to any member thereof in obtaining a certificate, certificate of registration, or license shall be guilty of a misdemeanor. (d) Any person that falsely impersonates any other registrant or licensee or any person that attempts to use an expired or revoked certificate of registration or license shall be guilty of a misdemeanor.

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(e) Any person offering services to the public that uses by name, verbal claim, sign, advertisement, directory listing, letterhead, or otherwise the words 'Engineer,' 'Engineers,' 'Professional Engineering,' 'Engineering,' or 'Engineered' shall be guilty of a misdemeanor unless said person has complied with the provisions of this chapter. (f) Any person offering services to the public that uses by name, verbal claim, sign, advertisement, directory listing, letterhead, or otherwise the words 'Professional Land Surveyor,' 'Professional Land Surveyors,' 'Land Surveyor,' or 'Land Surveyors' shall be guilty of a misdemeanor unless such person has complied with the provisions of this chapter. (g) Each day or occurrence in violation of any provision of this Code section shall be considered a separate offense."

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

Approved May 7, 2018.

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HANDICAPPED PERSONS LAW ENFORCEMENT OFFICERS AND AGENCIES; ADULT ABUSE, NEGLECT, AND EXPLOITATION MULTIDISCIPLINARY TEAMS; ESTABLISH.
No. 418 (House Bill No. 635).
AN ACT
To amend Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to the "Disabled Adults and Elder Persons Protection Act," so as to provide for the establishment of Adult Abuse, Neglect, and Exploitation Multidisciplinary Teams to coordinate the investigation of and responses to suspected instances of abuse, neglect, or exploitation of disabled adults or elder persons; to provide for a definition; to provide for immunity; to provide for coordination with the director of the Division of Aging Services; to provide for the composition, duties, and responsibilities of such Adult Abuse, Neglect, and Exploitation Multidisciplinary Teams; to provide for memoranda of understanding; to provide for confidentiality of records; to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to authorize issuing of a subpoena; to provide for order compelling compliance; to provide for penalty; 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 5 of Title 30 of the Official Code of Georgia Annotated, relating to the "Disabled Adults and Elder Persons Protection Act," is amended in Code Section 30-5-3, relating to definitions, by adding a new paragraph to read as follows:
"(1.1) 'Adult Abuse, Neglect, and Exploitation Multidisciplinary Team' means the multiagency team established in each judicial circuit in this state pursuant to Code Section 30-5-11."

SECTION 2. Said chapter is further amended by revising subsections (b) and (c) of Code Section 30-5-4, relating to reporting of need for protective services, manner and contents of report, immunity from civil or criminal liability, and privileged communications, as follows:
"(b)(1)(A) A report that a disabled adult or elder person is in need of protective services or has been the victim of abuse, neglect, or exploitation shall be made to an adult protection agency providing protective services as designated by the department and to an appropriate law enforcement agency or prosecuting attorney. If a report of a disabled adult or elder person abuse, neglect, or exploitation is made to an adult protection agency or independently discovered by the agency, then the agency shall immediately make a reasonable determination based on available information as to whether the incident alleges actions by an individual, other than the disabled adult or elder person, that constitute a crime and include such information in their report. If a crime is suspected, the report shall immediately be forwarded to the appropriate law enforcement agency or prosecuting attorney. During an adult protection agency's investigation, it shall be under a continuing obligation to immediately report the discovery of any evidence that may constitute a crime. (B) If the disabled adult or person is 65 years of age or older and is a resident, a report shall be made in accordance with Article 4 of Chapter 8 of Title 31. If a report made in accordance with the provisions of this Code section alleges that the abuse or exploitation occurred within a long-term care facility, such report shall be investigated in accordance with Articles 3 and 4 of Chapter 8 of Title 31. (2) Reporting required by subparagraph (A) of paragraph (1) of this subsection may be made by oral or written communication. Such report shall include the name and address of the disabled adult or elder person and should include the name and address of the disabled adult's or elder person's caretaker, the age of the disabled adult or elder person, the nature and extent of the disabled adult's or elder person's injury or condition resulting from abuse, exploitation, or neglect, and other pertinent information. (3) When a report of a disabled adult's or elder person's abuse, neglect, or exploitation is originally reported to a law enforcement agency, it shall be forwarded by such agency to the director or his or her designee within 24 hours of receipt.

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(c) Anyone who makes a report pursuant to this chapter, who testifies in any judicial proceeding arising from the report, who provides protective services, who participates in a required investigation, or who participates on an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team under the provisions of this chapter shall be immune from any civil liability or criminal prosecution on account of such report or testimony or participation, unless such person acted in bad faith, with a malicious purpose, or was a party to such crime or fraud. Any financial institution or investment company, including without limitation officers and directors thereof, that is an employer of anyone who makes a report pursuant to this chapter in his or her capacity as an employee, or who testifies in any judicial proceeding arising from a report made in his or her capacity as an employee, or who participates in a required investigation under the provisions of this chapter in his or her capacity as an employee, shall be immune from any civil liability or criminal prosecution on account of such report or testimony or participation of its employee, unless such financial institution or investment company knew or should have known that the employee acted in bad faith or with a malicious purpose and failed to take reasonable and available measures to prevent such employee from acting in bad faith or with a malicious purpose. The immunity described in this subsection shall apply not only with respect to the acts of making a report, testifying in a judicial proceeding arising from a report, providing protective services, or participating in a required investigation but also shall apply with respect to the content of the information communicated in such acts."

SECTION 3. Said chapter is further amended by revising Code Section 30-5-7, relating to confidentiality of public records, as follows:
"30-5-7. (a) All records pertaining to the abuse, neglect, or exploitation of disabled adults or elder persons in the custody of the department shall be confidential; and access thereto by persons other than the department, the director, or the district attorney shall only be by valid subpoena or order of any court of competent jurisdiction. (b) The following persons or agencies shall have reasonable access to such records concerning reports of elder, disabled adult, or resident abuse:
(1) A prosecuting attorney in this state or any other state or political subdivision thereof, or the United States, who may seek such access in connection with official duty; (2) Police or any other law enforcement agency or law enforcement personnel of this state or any other state who are conducting an investigation into any criminal offense involving a report of known or suspected abuse, neglect, or exploitation of disabled adults or elder persons; (3) Agencies participating in joint investigations at the request of and with the department, or conducting separate investigations of abuse, neglect, or exploitation within an agency's scope of authority, unless such records are wholly owned by the federal government; and

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(4) Coroners or medical examiners in suspicious death investigations. (c) Any individual who made a report according to Code Section 30-5-4 can make a request to the department to know if the report or reports made by that individual have been received, whether an investigation was opened or not, and whether the investigation is still open or has been closed, and the department will respond in writing within five business days with this information, but no other case information will be released. (d) Any time that the record is released pursuant to this Code section, other than to law enforcement or to the district attorney or pursuant to a court order for unredacted records, the name and identifying information of the individual who made the report shall be redacted. (e) Records or portions of records of abuse, neglect, or exploitation of disabled adults or elder persons in the custody of the department may be released to members of an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team established pursuant to Code Section 30-5-11 for reasonable use in furtherance of the purposes authorized in this Code section."

SECTION 4. Said chapter is further amended by adding a new Code section to read as follows:
"30-5-11. (a) The district attorney of each judicial circuit may establish, or cause to be established, an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team for the purposes of:
(1) Coordinating the collaborative review of suspected instances of abuse, neglect, or exploitation of a disabled adult or elder person pursuant to Chapter 5 of Title 16 or Code Section 30-5-5, 31-7-12.1, or 31-8-83; (2) Coordinating the collaborative review of responses to suspected instances of abuse, neglect, or exploitation of a disabled adult or elder person, including protective services; and (3) Identifying opportunities within local jurisdictions to improve policies and procedures in the notification of and response to abuse, neglect, and exploitation given local resources. (b) As determined by the district attorney or his or her designee, the Adult Abuse, Neglect, and Exploitation Multidisciplinary Team shall consist of representatives, from within the appropriate judicial circuit, representing these suggested categories: (1) The district attorney or his or her designee; (2) Local law enforcement agencies; (3) The Georgia Bureau of Investigation; (4) Adult Protective Services of the department's Division of Aging Services; (5) The state funded licensure activities of the Healthcare Facility Regulation Division of the Department of Community Health; (6) The Department of Behavioral Health and Developmental Disabilities; (7) The medical examiner or coroner of that county in which the team exists;

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(8) Nonprofit organizations that provide victim services or adult care services; (9) Local, regional, and state task forces or coordinating entities regarding at-risk adults; (10) Providers of medical, legal, or housing services or housing facilities to disabled adults or elder persons who are victims of abuse, neglect, or exploitation; and (11) Any other entity which the district attorney or his or her designee determines is necessary for the successful operation of the Adult Abuse, Neglect, and Exploitation Multidisciplinary Team. (c) Each Adult Abuse, Neglect, and Exploitation Multidisciplinary Team shall: (1) Meet regularly, as determined by the district attorney or his or her designee; provided, however, that meetings shall be held at least semiannually; and (2) Coordinate on investigations of instances of unlicensed personal care homes, or of suspected abuse, neglect, or exploitation of disabled adults or elder persons that are based on reports made pursuant to Chapter 5 of Title 16 or Code Section 30-5-4, 31-7-12.1, 31-8-82, or 31-8-83 or reports made or concerns raised by members of the agencies, organizations, or entities represented on the Adult Abuse, Neglect, and Exploitation Multidisciplinary Team. (d) The district attorney or his or her designee shall coordinate the creation of a memorandum of understanding that describes the Adult Abuse, Neglect, and Exploitation Multidisciplinary Team's procedures and methods of operation in detail, including confidentiality requirements and the sharing of information among such team's members in accordance with subsection (e) of this Code section. The memorandum shall be signed by a representative of each agency, organization, or entity participating in such team. (e)(1) All records and information acquired by an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team pertaining to the abuse, neglect, or exploitation of disabled adults or elder persons shall be confidential pursuant to Code Sections 30-5-7, 31-8-86, and 37-3-166; furthermore, notwithstanding any other provisions of law, information acquired by and documents, records, and reports of the team shall be confidential and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records. (2) All records pertaining to the abuse, neglect, or exploitation of disabled adults or elder persons in the custody of the departments included in the Adult Abuse, Neglect, and Exploitation Multidisciplinary Team shall be available to the members of an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team for the purpose of investigating or responding to a report of abuse, neglect, or exploitation of a disabled adult, elder person, or resident. (3) It shall be unlawful for any member of an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team to knowingly disclose, receive, make use of, or authorize, or knowingly permit, participate in, or acquiesce to the use of, any information received or generated in the course of the Adult Abuse, Neglect, and Exploitation Multidisciplinary Team's investigations, responses, or activities to any third party; provided, however, that disclosure may be made to persons and entities directly involved in the administration of this Code section, including:

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(A) Persons providing protective services necessary for the disabled adult or elder person; (B) Representatives of law enforcement; (C) Grand juries or courts in the exercise of official business; (D) Members of such Adult Abuse, Neglect, and Exploitation Multidisciplinary Teams; and (E) Persons engaged in bona fide research or audit purposes; provided, however, that only information in the aggregate without identifying information shall be provided for research or audit purposes and confidentiality of the data shall be maintained. (4) Unless expressly provided otherwise in the memorandum of understanding, members of an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team may share information received or generated in the course of such team's investigations, responses, or activities only among members of such team. (5) To promote efficiency and effectiveness in its mission, an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team may maintain a data base of information about such team's past and ongoing cases, provided that identifying information about individual victims and clients shall not be accessed by any person outside of such team other than those persons serving as care coordinators or victim advocates or who represent organizations providing such services. (f)(1) By March 1 of each calendar year, the Adult Abuse, Neglect, and Exploitation Multidisciplinary Teams shall submit a report to the director of the Georgia Bureau of Investigation and the commissioner of human services regarding the prevalence and circumstances of abuse, neglect, or exploitation of disabled adults or elder persons in this state; shall recommend measures to reduce such crimes; and shall address in the report the following issues: (A) How many investigations or cases the Adult Abuse, Neglect, and Exploitation Multidisciplinary Team has received for the calendar year; (B) How many reviews of investigations or cases recommended criminal prosecution; and (C) Whether policy, procedural, regulatory, or statutory changes are called for as a result of these findings. (2) The Adult Abuse, Neglect, and Exploitation Multidisciplinary Teams shall also establish procedures for the conduct of reviews by local review committees into abuse, neglect, or exploitation of disabled adults or elder persons and may obtain the assistance from disabled adults or elder persons."

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

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"35-3-4.4. (a) In any investigation of a violation of Article 8 of Chapter 5 of Title 16 or other criminal violation involving the abuse, neglect, or exploitation of a disabled adult, elder person, or resident, the director, assistant director, or deputy director for investigations shall be authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of books, papers, documents, or other tangible things, including records and documents contained within, or generated by, a computer or any other electronic device, unless such records are wholly owned by the federal government. (b) Upon the failure of a person without lawful excuse to obey a subpoena, the director, assistant director, or deputy director for investigations, through the prosecuting attorney, may apply to a superior court having jurisdiction for an order compelling compliance. Such person may object to the subpoena on the grounds that it fails to comply with this Code section or upon any constitutional or other legal right or privilege of such person. The court may issue an order modifying or setting aside such subpoena or directing compliance with the original subpoena. Failure to obey a subpoena issued under this Code section may be punished by the court as contempt of court."

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

Approved May 7, 2018.

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CRIMES AND OFFENSES TRAFFICKING DISABLED ADULTS, ELDER PERSONS, AND RESIDENTS.

No. 419 (House Bill No. 803).

AN ACT

To amend Article 8 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to protection of elder persons, so as to prohibit trafficking a disabled adult, elder person, or resident; to provide for definitions; to provide for elements of the crime; to provide for punishment; 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 8 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to protection of elder persons, is amended by adding a new Code section to read as follows:
"16-5-102.1. (a) As used in this Code section, the term:
(1) 'Coercion' means: (A) Causing or threatening to cause bodily harm to any disabled adult, elder person, or resident; physically restraining or confining any disabled adult, elder person, or resident; or threatening to physically restrain or confine any disabled adult, elder person, or resident; (B) Exposing or threatening to expose any fact or information, or disseminating or threatening to disseminate any fact or information, that would tend to subject a disabled adult, elder person, or resident to criminal or immigration proceedings, hatred, contempt, or ridicule; (C) Destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of a disabled adult, elder person, or resident; (D) Providing a controlled substance to a disabled adult, elder person, or resident for the purpose of compelling him or her to engage in an action against his or her will; or (E) Causing or threatening to cause financial harm to a disabled adult, elder person, or resident or using financial control over a disabled adult, elder person, or resident.
(2) 'Controlled substance' shall have the same meaning as set forth in Code Section 16-13-21. (3) 'Deception' means:
(A) Creating or confirming another person's impression of an existing fact or past event which is false and which the accused knows or believes to be false; (B) Maintaining the status or condition of a disabled adult, elder person, or resident arising from a pledge by such disabled adult, elder person, or resident of his or her personal services as security for a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined, or preventing a disabled adult, elder person, or resident from acquiring information pertinent to the disposition of such debt; or (C) Promising benefits or the performance of services which the accused does not intend to deliver or perform or knows will not be delivered or performed. (4) 'Exploitation' means illegally or improperly using a disabled adult, elder person, or resident or such individual's resources through undue influence, harassment, duress, false representation, false pretense, or other similar means for one's own or another person's profit or advantage.

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(5) 'Isolation' means preventing a disabled adult, elder person, or resident from having contact with his or her friends or family, a welfare agency, law enforcement officers, health providers, or other individuals or entities without the knowledge of such disabled adult, elder person, or resident or against his or her wishes. (b) A person commits the offense of trafficking a disabled adult, elder person, or resident when such person, through deception, coercion, exploitation, or isolation, knowingly recruits, harbors, transports, provides, or obtains by any means a disabled adult, elder person, or resident for the purpose of appropriating the resources of such disabled adult, elder person, or resident for one's own or another person's benefit. (c) Any person who violates subsection (b) of this Code section shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than 20 years, a fine not to exceed $100,000.00, or both. (d) Each violation of subsection (b) of this Code section shall constitute a separate offense and shall not merge with any other offense. (e) Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this Code section. (f) This Code section shall not apply to a physician nor any person acting under a physician's direction nor to a hospital, hospice, or long-term care facility, nor any agent or employee thereof who is in good faith acting within the scope of his or her employment or agency or who is acting in good faith in accordance with a living will, a durable power of attorney for health care, an advance directive for health care, a Physician Orders for Life-Sustaining Treatment form pursuant to Code Section 31-1-14, an order not to resuscitate, or the instructions of the patient or the patient's lawful surrogate decision maker."

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

Approved May 7, 2018.

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HEALTH SOCIAL SERVICES GEORGIA LONG-TERM CARE BACKGROUND CHECK PROGRAM.

No. 420 (Senate Bill No. 406).

AN ACT

To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to enact the "Georgia Long-term Care Background Check Program" and to promote public safety and provide for comprehensive criminal background checks for owners, applicants for employment, and employees providing care or owning a personal care home, assisted living community, private home care provider, home health agency, hospice care, nursing home, skilled nursing facility, or an adult day care as recommended by the Georgia Council on Criminal Justice Reform; to repeal conflicting provisions relating to criminal background checks of such individuals and facilities; to provide for definitions; to require facilities to conduct a search of applicable registries for owners, applicants, and employees prior to a criminal background check; to provide the Department of Community Health the authority to conduct national fingerprint based criminal background checks; to provide for an appeal process when an owner, applicant, or employee has been disqualified from licensure or employment; to provide for civil penalties for not terminating an employee with an unsatisfactory criminal background check; to provide for application form notice; to provide for immunity from liability; to provide for rules and regulations; to provide the Department of Community Health with authority over matters relating to facility licensing and employee records checks; to establish a caregiver's registry to allow certain employers access to criminal background checks conducted by the department; to provide for procedure; to provide for an appeal process; to provide for immunity from liability; to provide a purpose and intent statement; to amend Article 1 of Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions for the Department of Human Services, so as to provide for conforming cross-references; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by repealing Code Section 31-2-9, relating to records check requirement for certain facilities, definitions, use of information gathered in investigation, penalties for unauthorized release or disclosure, and rules and regulations, and designating said Code section as reserved.

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

SECTION 1-3. Said title is further amended by repealing in its entirety Article 11 of Chapter 7, relating to facility licensing and employee records checks, and designating said article as reserved.

SECTION 1-4. Said title is further amended by revising Article 14 of Chapter 7, relating to nursing homes employee records checks, as follows:

"ARTICLE 14

31-7-350. (a) This article shall be known and may be cited as the 'Georgia Long-term Care Background Check Program.' (b) The purpose of this article is to establish the minimum standards for the Georgia Long-term Care Background Check Program for conducting criminal background checks of owners, applicants for employment, and direct access employees at certain facilities.

31-7-351. As used in this article, the term:
(1) 'Applicant' means an individual applying to be a direct access employee at a facility.

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(2) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (3) 'Crime' means commission of:
(A) Any of the following offenses: (i) A violation of Code Section 16-5-70; (ii) A violation of Code Section 16-5-101; (iii) A violation of Code Section 16-5-102; (iv) A violation of Code Section 16-6-4; (v) A violation of Code Section 16-6-5; (vi) A violation of Code Section 16-6-5.1; or (vii) A violation of Code Section 30-5-8;
(B) A felony violation of: (i) Chapter 5, 6, 8, 9, or 13 of Title 16; (ii) Code Section 16-4-1; (iii) Code Section 16-7-2; or (iv) Subsection (f) of Code Section 31-7-12.1; or
(C) Any other offense committed in another jurisdiction which, if committed in this state, would be deemed to constitute an offense identified in this paragraph without regard to its designation elsewhere. (4) 'Criminal background check' means a search of the criminal records maintained by GCIC and the Federal Bureau of Investigation to determine whether an owner, applicant, or employee has a criminal record. (5)(A) 'Criminal record' means any of the following:
(i) Conviction of a crime; (ii) Arrest, charge, and sentencing for a crime when:
(I) A plea of nolo contendere was entered to the crime; (II) First offender treatment without adjudication of guilt was granted to the crime; or (III) Adjudication or sentence was otherwise withheld or not entered for the crime; or (iii) Arrest and charges for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (B) Such term shall not include an owner, applicant, or employee for which at least ten years have elapsed from the date of his or her criminal background check since the completion of all of the terms of his or her sentence; provided, however, that such ten-year period or exemption shall never apply to any crime identified in subsection (j) of Code Section 42-8-60. (6) 'Direct access' means having, or expecting to have, duties that involve routine personal contact with a patient, resident, or client, including face-to-face contact, hands-on physical assistance, verbal cuing, reminding, standing by or monitoring or activities that require the person to be routinely alone with the patient's, resident's, or client's property or access to

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such property or financial information such as the patient's, resident's, or client's checkbook, debit and credit cards, resident trust funds, banking records, stock accounts, or brokerage accounts. (7) 'Employee' means any individual who has direct access and who is hired by a facility through employment, or through a contract with such facility, including, but not limited to, housekeepers, maintenance personnel, dieticians, and any volunteer who has duties that are equivalent to the duties of an employee providing such services. Such term shall not include an individual who contracts with the facility, whether personally or through a company, to provide utility, construction, communications, accounting, quality assurance, human resource management, information technology, legal, or other services if the contracted services are not directly related to providing services to a patient, resident, or client of the facility. Such term shall not include any health care provider, including, but not limited to, physicians, dentists, nurses, and pharmacists who are licensed by the Georgia Composite Medical Board, the Georgia Board of Dentistry, the Georgia Board of Nursing, or the State Board of Pharmacy. (8) 'Facility' means:
(A) A personal care home required to be licensed or permitted under Code Section 31-7-12; (B) An assisted living community required to be licensed under Code Section 31-7-12.2; (C) A private home care provider required to be licensed under Article 13 of this chapter; (D) A home health agency as licensed pursuant to Code Section 31-7-151; (E) A provider of hospice care as licensed pursuant to Code Section 31-7-173; (F) A nursing home, skilled nursing facility, or intermediate care home licensed pursuant to rules of the department; or (G) An adult day care facility licensed pursuant to rules of the department. (9) 'Fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department based upon fingerprint based national criminal history information. (10) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (11) 'License' means the document issued by the department to authorize a facility to operate. (12) 'Owner' in the context of a nursing home or intermediate care home means an individual who is not an 'excluded party' as such term is defined in Code Section 31-7-3.3, otherwise such term means an individual or any person affiliated with a corporation, partnership, or association with 10 percent or greater ownership interest in a facility who performs one or more of the following: (A) Purports to or exercises authority of a facility; (B) Applies to operate or operates a facility;

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(C) Maintains an office on the premises of a facility; (D) Resides at a facility; (E) Has direct access at a facility; (F) Provides direct personal supervision of facility personnel by being immediately available to provide assistance and direction when such facility services are being provided; or (G) Enters into a contract to acquire ownership of a facility. (13) 'Records check application' means fingerprints in such form and of such quality as prescribed by GCIC 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 a criminal background check. (14) 'Registry check' means a review of the nurse aide registry provided for in Code Section 31-2-14, the state sexual offender registry, and the List of Excluded Individuals and Entities as authorized in Sections 1128 and 1156 of the federal Social Security Act, as it existed on February 1, 2018, or any other registry useful for the administration of this article as specified by rules of the department. (15) 'Satisfactory determination' means a written determination that an individual for whom a criminal background check was performed was found to have no criminal record. (16) 'Unsatisfactory determination' means a written determination that an individual for whom a criminal background check was performed was found to have a criminal record.

31-7-352. (a) A registry check of an owner, applicant, or employee shall be required prior to a criminal background check and shall be initiated by the applicable facility. A registry check shall be performed by such facility and may include reviewing registries of any other states in which the applicant previously resided. If an applicant has not resided in this state for at least two years, the facility shall conduct registry checks of each state in which the applicant resided for the previous two years, as represented by such applicant or as otherwise determined by the applicable facility. (b) If applicable to an owner, applicant, or employee, a query of available information maintained by the Georgia Composite Medical Board, the Secretary of State, or other applicable licensing boards shall be conducted prior to a criminal background check to validate that such individual's professional license is in good standing. (c) Except as provided in subsection (c) of Code Section 31-7-359, nothing in this Code section shall be construed to limit the responsibility or ability of a facility to screen owners, applicants, or employees through additional methods.

31-7-353. (a) Accompanying any application for a new license, the candidate facility shall furnish to the department a records check application for each owner and each applicant and

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employee. In lieu of such records check application, such facility may submit evidence, satisfactory to the department, that within the immediately preceding 12 months each owner, applicant, or employee received a satisfactory determination that includes a records check clearance date that is no more than 12 months old, or that any owner, applicant, or employee whose fingerprint records check determination revealed a criminal record of any kind has subsequently received a satisfactory determination. (b) On or before January 1, 2021, each owner and employee of a currently licensed facility shall furnish to the department a records check application. In lieu of such records check application, a facility may submit evidence, satisfactory to the department, that within the immediately preceding 12 months each owner and employee received a satisfactory determination. (c) Upon receipt of fingerprints submitted pursuant to a record check application, GCIC shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and shall promptly conduct a search of its own records and records to which it has access. Within ten days after receiving fingerprints acceptable to GCIC, it 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 owner's, applicant's, or employee's criminal record. (d) Neither 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. (e) All information received from the Federal Bureau of Investigation or GCIC shall be used exclusively for employment or licensure purposes 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 rules or regulations of the Federal Bureau of Investigation and 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 GCIC, as is applicable.

31-7-354. (a) An applicant seeking employment with a facility or a current employee at such facility shall consent to a national and state background check that includes a registry check, a check of information maintained by a professional licensing board, if applicable, and a criminal background check.
(b)(1) An individual required to submit to a registry check and criminal background check shall not be employed by, contracted with, or allowed to work as an employee at a facility if:
(A) The individual appears on a registry check;

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(B) There is a substantiated finding of neglect, abuse, or misappropriation of property by a state or federal agency pursuant to an investigation conducted in accordance with 42 U.S.C. Section 1395i-3 or 1396r as it existed on February 1, 2018; (C) The individual's professional license, if applicable, is not in good standing; or (D) The facility receives notice from the department that the individual has been found to have an unsatisfactory determination. (2) An individual whose professional license is not in good standing may be employed by a facility in a position wherein his or her duties do not require professional licensure, provided that he or she provides a fingerprint record check determination in the same manner as an applicant. (c) An owner, applicant, or employee may: (1) Obtain information concerning the accuracy of his or her criminal record, and the department shall refer such individual to the appropriate state or federal law enforcement agency that was involved in the arrest or conviction; (2) Challenge the finding that he or she is the true subject of the results from a registry check, and the department shall refer such individual to the agency responsible for maintaining such registry; and (3) Appeal his or her disqualifying unsatisfactory determination pursuant to Code Section 31-7-358.

31-7-355. (a) A personnel file for each employee shall be maintained by the applicable facility. Such files shall be available for inspection by the appropriate enforcement authorities but shall otherwise be maintained to protect the confidentiality of the information contained therein and shall include, but not be limited to, evidence of each employee's satisfactory determination, registry check, and licensure check, if applicable.
(b)(1) As used in this paragraph, the term: (A) 'Abuse' means the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish. Such term includes the deprivation by an individual of goods or services that are necessary to attain or maintain physical, mental, and psychosocial well-being. Such term includes verbal abuse, sexual abuse, physical abuse, and mental abuse, including abuse, facilitated or enabled through the use of technology. (B) 'Willful' means acting deliberately, not that there is an intention to inflict injury or harm.
(2) The department may require a criminal background check on any owner of or employee at a facility during the course of an abuse investigation involving such owner or employee or if the department receives information that such owner or employee was arrested for a crime. In such instances, the department shall require the owner or employee to furnish two full sets of fingerprints which the department shall submit to GCIC together with appropriate fees collected from the owner or employee. Upon receipt

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thereof, GCIC shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. GCIC shall notify the department in writing of any unsatisfactory finding, including but not limited to any criminal record obtained through the fingerprint records check determination or if there is no such finding. (3) When the department determines that an applicant or employee has an unsatisfactory determination, the department shall notify the facility that such applicant or employee is ineligible to hire or employ and the facility shall take the necessary steps so that such employee is no longer employed at the facility; provided, however, that a facility may retain a current employee during the period of his or her administrative appeal. (4) When the department determines that an owner has an unsatisfactory determination, the department shall notify such owner of the ineligible status for ownership and shall take the necessary steps to revoke the facility's license. (5) An owner, applicant, or employee may appeal their disqualifying unsatisfactory determination pursuant to Code Section 31-7-358.

31-7-356. A facility that does not terminate an employee who has been found to have an unsatisfactory determination or failed a registry check shall be liable for a civil monetary penalty in the amount of the lesser of $10,000.00 or $500.00 for each day that a violation occurs. The daily civil monetary penalty shall be imposed only from the time the facility knew or should have known that it employed an individual with a criminal record and until the date such individual's employment is terminated.

31-7-357. Each application form provided by a facility to an applicant shall conspicuously state the following: 'FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL AND STATE BACKGROUND CHECK AS A CONDITION OF EMPLOYMENT.'

31-7-358. (a)(1) An owner of a facility with an unsatisfactory determination or whose name appears on a registry check shall not operate or hold a license, and the department shall revoke the license of any owner operating such facility or refuse to issue a license to any owner operating such facility if such owner has an unsatisfactory determination or is on a registry check. (2) Prior to approving any license for a facility and periodically as established by the department by rule, the department shall require each owner and employee to submit to a registry check and criminal background check pursuant to Code Sections 31-7-352 and 31-7-353.

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(3)(A) An employee or applicant who received an unsatisfactory determination or whose name appears on a registry check shall be eligible to appeal such determination pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (B) In a hearing held pursuant to subparagraph (A) of this paragraph, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, and other indicia of rehabilitation. (4)(A) The department's determination regarding an owner's unsatisfactory criminal background check, 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. (B) In a hearing held pursuant to subparagraph (A) of this paragraph, the hearing officer shall consider in mitigation the length of time since the crime was committed, the absence of additional criminal charges, the circumstances surrounding the commission of the crime, other indicia of rehabilitation, the facility's history of compliance with the regulations, and the owner's involvement with the licensed facility in arriving at a decision as to whether the criminal record requires the denial or revocation of the license to operate the facility. When a hearing is required, at least 30 days prior to such hearing, the hearing officer shall notify the office of the prosecuting attorney who initiated the prosecution of the crime in question in order to allow the prosecuting attorney to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license as contemplated within this Code section. If objections are made, the hearing officer shall take such objections into consideration. (b) The requirements of this Code section are supplemental to any requirements for a license imposed by Article 1 of this chapter.

31-7-359. (a) No person, including the department, a facility, or an individual acting on behalf of such entities, shall be liable for civil damages or be subject to any claim, demand, cause of action, or proceeding of any nature as a result of actions taken in good faith to comply with this article, including the disqualification of an applicant from employment on the basis of a disqualifying crime.
(b)(1) A facility that has obtained a satisfactory determination on an owner, applicant, or employee in accordance with this article, or confirmation that such owner, applicant, or employee has obtained a favorable final appeal decision under Code Section 31-7-358, shall be immune from liability for claims of negligent hiring when such claims are based upon the criminal record of such owner, applicant, or employee, even when the information contained in the criminal background check used by the department is later determined to have been incomplete or inaccurate; provided, however, that such immunity

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shall not preclude the liability of a facility concerning claims based on information beyond the scope of the criminal record and satisfactory determination about the owner, applicant, or employee which the facility knew or should have known. (2) When a facility has obtained a satisfactory determination on an owner, applicant, or employee, there shall be a rebuttable presumption of due care for claims of negligent hiring, negligent retention, or other similar claims to the extent such claims are based upon an owner's, applicant's, or employee's criminal record. (c) Nothing in this article shall require a facility to conduct any other type of criminal history check of an owner, applicant, or employee, and a facility shall not be held liable for claims of negligent hiring, negligent retention, or other similar claims based solely or in part on its failure to conduct other types of criminal history checks. (d) Nothing in this article shall be construed to waive the sovereign immunity of the state, the department, or any other entity of the state.

31-7-360. The department shall promulgate written rules and regulations related to the requirements and implementation of this article.

31-7-361. (a) Effective July 1, 2009, all matters relating to facility licensing and employee criminal background checks for personal care homes pursuant to Article 11 of this chapter as it existed on June 30, 2009, shall be transferred from the Department of Human Services to the department. (b) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2009, by the Department of Human Resources which relate to the functions transferred to the department pursuant to this Code section shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the department. In all such instances, the department shall be substituted for the Department of Human Resources, and the department shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (c) All persons employed by the Department of Human Resources in capacities which relate to the functions transferred to the department pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become employees of the department in similar capacities, as determined by the commissioner of community health. Such employees shall be subject to the employment practices and policies of the department on and after July 1, 2009, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and who are transferred to the department shall retain all existing rights under such rules. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on

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June 30, 2009, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2009. Accrued annual and sick leave possessed by said employees on June 30, 2009, shall be retained by said employees as employees of the department."

SECTION 1-5. Said title is further amended by adding a new article to read as follows:

"ARTICLE 14A

31-7-380. The purpose of this article is to enable employers who are family members or guardians of elderly persons to obtain an employment eligibility determination from the department for applicants who are seeking to provide and employees who are providing personal care services to their family members or wards. It is the intent of the General Assembly to allow the department to establish and maintain a caregiver registry so as to provide such employers with access to employment eligibility determinations conducted by the department in a similar manner as licensed facilities receive employment determinations as provided in Article 14 of this chapter.

31-7-381. As used in this article, the term:
(1) 'Applicant' means an individual applying to provide personal care services to an elderly person in a residence or location not licensed by the department. (2) 'Criminal background check' means a search of the criminal records maintained by Georgia Crime Information Center and the Federal Bureau of Investigation to determine whether an applicant or employee has a criminal record. (3) 'Elderly person' means an individual who is 65 years of age or older. (4) 'Employee' means any individual who is providing personal care services to an elderly person in a residence or location not licensed by the department. (5) 'Employer' means an individual who is considering an applicant or has hired an employee for a family member or ward. (6) 'Family member' means an individual with a close familial relationship, including, but not limited to, a spouse, parent, sibling, or grandparent. (7) 'Personal care services' means home care, health care, companionship, or transportation and includes, but is not limited to, providing assistance with bathing, eating, dressing, walking, shopping, fixing meals, and housework. (8) 'Registry check' means a review of the nurse aide registry provided for in Code Section 31-2-14, the state sexual offender registry, and the List of Excluded Individuals and Entities as authorized in Sections 1128 and 1156 of the federal Social Security Act,

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as it existed on February 1, 2018, or any other registry useful for the administration of this article as specified by rules of the department. (9) 'Ward' means an elder person for whom a guardian has been appointed pursuant to Title 29.

31-7-382. The department may establish and maintain a central caregiver registry which shall be accessible to employers as a data base operated by the department that contains information on eligible and ineligible applicants and employees as determined by the department from criminal background checks and registry checks conducted on behalf of facilities as provided in Article 14 of this chapter and criminal background checks and registry checks conducted on behalf of employers as provided in this article.

31-7-383. (a) The department shall allow an employer to inquire with the department about the eligibility or ineligibility for employment as if the applicant or employee were applying to work or working in one of the facilities licensed under Article 14 of this chapter so long as the applicant or employee agrees to such request, provides his or her fingerprints as set forth in Article 14 of this chapter, and consents to the inclusion of the results in the caregiver registry. Any fees associated with such check shall be paid by the employer, applicant, or employee. (b) An employer shall be responsible for all employment decisions made based on the eligible or ineligible employment determination provided to the employer from the department.

31-7-384. An applicant or employee who receives a determination of ineligibility for employment from the department shall be eligible to appeal such determination by requesting, in writing, an administrative review by the department. The department shall promulgate rules and regulations in order to implement this Code section. The department shall maintain the specifics of the employment determination in the same manner as required by subsection (e) of Code Section 31-7-353.

31-7-385. No person, including the department, an employer, or an individual acting on behalf of such entities, shall be liable for civil damages or be subject to any claim, demand, cause of action, or proceeding of any nature as a result of actions taken in good faith to comply with this article, including the disqualification of an applicant or employee from employment on the basis of the results of a criminal background check or registry check.

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31-7-386. Except as provided in Code Section 31-7-384, the department shall promulgate rules and regulations related to the requirements and implementation of this article."

PART II SECTION 2-1.

Article 1 of Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions for the Department of Human Services, is amended by revising subsection (e) of Code Section 49-2-14, relating to record search for conviction data on prospective employees, as follows:
"(e) Notwithstanding subsection (c) of this Code section, when a contractor to this department is a personal care home, Article 14 of Chapter 7 of Title 31 shall apply."

SECTION 2-2. Said article is further amended by revising subsection (e) of Code Section 49-2-14.1, relating to definitions and records check requirement for licensing certain facilities, as follows:
"(e) The requirements of this Code section are supplemental to any requirements for a license imposed by Article 3 of Chapter 5 of this title or Article 14 of Chapter 7 of Title 31."

PART III SECTION 3-1.

This Act shall become effective on October 1, 2019.

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

Approved May 7, 2018.

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REVENUE AND TAXATION SALES AND USE TAXES; EXEMPTION FOR CERTAIN EQUIPMENT FOR HIGH-TECHNOLOGY DATA CENTERS.

No. 421 (House Bill No. 696).

AN ACT

To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, so as to create an exemption for certain equipment to be incorporated or used in high-technology data centers; to provide for conditions of exemption; to provide for limitations and prohibitions; to provide for reporting; to provide for definitions; to provide for rules and regulations; 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:

SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, is amended by adding a new paragraph to read as follows:
"(68.1)(A) For the period commencing on July 1, 2018, and ending on December 31, 2028, high-technology data center equipment to be incorporated or used in a high-technology data center that meets the high-technology data center minimum investment threshold and other conditions provided in this paragraph. (B) Any person making a sale or lease of high-technology data center equipment shall collect the tax imposed on such sale by this article unless the purchaser furnishes such seller with a certificate issued by the commissioner certifying that such sale or lease is exempted pursuant to this paragraph.
(C)(i) The commissioner shall not issue a certificate of exemption from sales and use tax to a high-technology data center or high-technology data center customer as provided in this paragraph unless the commissioner makes a determination that the high-technology data center will more likely than not meet the high-technology data center minimum investment threshold. (ii) The commissioner may require any information necessary to determine if such high-technology data center is in compliance with its investment budgeting plan to meet the high-technology data center minimum investment threshold.
(iii)(I) Within 60 days after the end of the seventh year following its exemption start date, a high-technology data center shall file a final report with the commissioner listing the expenditures incurred that count toward its minimum investment threshold, the number of new quality jobs created, and any other information that the

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commissioner may reasonably require to determine whether the high-technology data center has met the minimum investment threshold. (II) If the commissioner determines that a high-technology data center failed to meet its high-technology data center minimum investment threshold, such high-technology data center shall be required to repay all taxes exempted or refunded pursuant to its certificate of exemption issued pursuant to this paragraph within 90 days after notification of such failure. Interest shall be due with such repayment at the rate specified in Code Section 48-2-40 computed from the date such taxes would have been due but for this exemption. Such repayment shall be calculated notwithstanding otherwise applicable periods of limitation for assessment of taxes under Code Section 48-2-49. (iv)(I) As a condition precedent to the issuance of a certificate of exemption, the commissioner, at his or her discretion, may require a good and valid bond with a surety company authorized to do business in this state, in an amount fixed by the commissioner not to exceed $20 million. The commissioner shall consider past performance and in-state investment when determining the value of the bond, if one is required. (II) The bond that may be required by this division shall be forfeited and paid to the general fund in an amount representing all taxes and interest required to be repaid pursuant to division (iii) of this subparagraph if the high-technology data center fails to meet the high-technology data center minimum investment threshold prior to the expiration of the seven-year period. (v) The commissioner shall have the authority to revoke the certificate of exemption at any time he or she believes that the high-technology data center is not likely to meet its high-technology minimum investment threshold. (vi) Each high-technology data center that has been issued a certificate of exemption pursuant to this paragraph shall provide a list of high-technology data center customers that are deploying high-technology data center equipment in its facility and shall notify the commissioner within 30 days of any change to the list. (D)(i) The commissioner shall require annual reporting by the high-technology data center of the amount of taxes exempted under this paragraph, the number of new quality jobs, and the total payroll resulting from construction, maintenance, and operation in and on its facility during the preceding year. (ii) The commissioner shall issue an annual report to the chairperson of the Senate Finance Committee and the chairperson of the House Committee on Ways and Means concerning the exemption allowed by this paragraph. Notwithstanding the confidentiality provisions of Code Section 48-2-15, such report shall include, for the prior calendar year for each high-technology data center issued a certificate of exemption pursuant to this paragraph, the amount of tax exempted and the number of new quality jobs created by each high-technology data center.

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(E) The commissioner shall promulgate such rules and regulations as are necessary to implement the provisions of this paragraph. (F) A high-technology data center shall not be entitled to claim any credit authorized under Code Sections 48-7-40 through 48-7-40.33 or Code Section 36-62-5.1 on its tax return if it has received a certificate of exemption from the commissioner pursuant to this paragraph. If a determination is made by the commissioner pursuant to division (iii) of subparagraph (C) of this paragraph that the high-technology data center must repay all taxes exempted or refunded pursuant to this paragraph, such high-technology data center may file amended income tax returns claiming any credit to which it would have been entitled under the foregoing Code sections but for having claimed the exemption under this paragraph. (G) As used in this paragraph, the term:
(i) 'Exemption start date' means the date on or after July 1, 2018, chosen by the high-technology data center and indicated on its application filed on or after January 1, 2019, which begins the seven-year period during which the minimum investment threshold must be met. A refund claim must be filed for taxes paid on purchases qualifying for this exemption for any period on or after July 1, 2018, during which the high-technology data center has not yet applied for and received its certificate of exemption from the commissioner. (ii) 'High-technology data center' means a facility, campus of facilities, or array of interconnected facilities in this state that is developed to power, cool, secure, and connect its own equipment or the computer equipment of high-technology data center customers and that has an investment budget plan which meets the high-technology data center minimum investment threshold. (iii) 'High-technology data center customer' means a client, tenant, licensee, or end user of a high-technology data center that signs at least a 36 month contract for service with the high-technology data center. (iv) 'High-technology data center equipment' means computer equipment as defined in paragraph (68) of this Code section of a high-technology data center or such equipment of a high-technology data center customer to be used or deployed in the high-technology data center; and the materials, components, machinery, hardware, software, or equipment, including but not limited to, emergency backup generators, air handling units, cooling towers, energy storage or energy efficiency technology, switches, power distribution units, switching gear, peripheral computer devices, routers, batteries, wiring, cabling, or conduit, which equipment or materials are used to:
(I) Create, manage, facilitate, or maintain the physical and digital environments for computer equipment; (II) Protect the high-technology data center equipment from physical, environmental, or digital threats; or

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(III) Generate or provide constant delivery of power, environmental conditioning, air cooling, or telecommunications services for the high-technology data center. Such term shall not include real property as defined in Code Section 48-8-3.2. A high-technology data center may not count high-technology data center equipment that it purchases or that is purchased by the high-technology data center customer and subsequently leased to another party more than once for purposes of satisfying the high-technology data center minimum investment threshold. (v) 'High-technology data center minimum investment threshold' means the creation of 20 new quality jobs and: (I) For high-technology data centers located in a county in this state having a population greater than 50,000 according to the United States decennial census of 2010 or any future such census, $250 million in aggregate expenditures incurred over any consecutive seven-year period between July 1, 2018, and December 31, 2028, on the design and construction of the high-technology data center and high-technology data center equipment to be used or incorporated in the high-technology data center; (II) For high-technology data centers located in a county in this state having a population greater than 30,000 and less than 50,001 according to the United States decennial census of 2010 or any future such census, $150 million in aggregate expenditures incurred over any consecutive seven-year period between July 1, 2018, and December 31, 2028, on the design and construction of the high-technology data center and high-technology data center equipment to be used or incorporated in the high-technology data center; and (III) For high-technology data centers located in a county in this state having a population less than 30,001 according to the United States decennial census of 2010 or any future such census, $100 million in aggregate expenditures incurred over any consecutive seven-year period between July 1, 2018, and December 31, 2028, on the design and construction of the high-technology data center and high-technology data center equipment to be used or incorporated in the high-technology data center. (vi) 'New quality jobs' shall have the same meaning as provided in paragraph (2) of subsection (a) of Code Section 48-7-40.17. (H) This paragraph shall stand repealed by operation of law on January 1, 2029."

SECTION 2. This Act shall become effective on January 1, 2019, and shall be applicable to transactions occurring on or after July 1, 2018.

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

Approved May 7, 2018.

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CRIMES AND OFFENSES TRAFFICKING FOR LABOR OR SEXUAL SERVITUDE; EXPAND OFFENSE; PUNISHMENT.

No. 422 (House Bill No. 732).

AN ACT

To amend Code Section 16-5-46 of the Official Code of Georgia Annotated, relating to trafficking of persons for labor or sexual servitude, so as to expand the offense of trafficking an individual for sexual servitude; to change the punishment for a certain type of trafficking an individual for sexual servitude; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 16-5-46 of the Official Code of Georgia Annotated, relating to trafficking of persons for labor or sexual servitude, is amended by revising paragraph (3) of subsection (c) and paragraph (5) of subsection (f) as follows:
"(3) Solicits or patronizes by any means an individual to perform sexually explicit conduct on behalf of such person when such individual is the subject of sexual servitude." "(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 years of age or older, 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."

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

Approved May 7, 2018.

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HIGHWAYS, BRIDGES, AND FERRIES LOCAL GOVERNMENT STATE GOVERNMENT PLANNING, DEPLOYMENT, AND INCENTIVES FOR BROADBAND SERVICES AND OTHER EMERGING COMMUNICATIONS TECHNOLOGIES; USE OF RIGHTS OF WAY FOR DEPLOYMENT; COMPREHENSIVE PLANS BY LOCAL GOVERNMENTS.

No. 423 (Senate Bill No. 402).

AN ACT

To enact the "Achieving Connectivity Everywhere (ACE) Act"; to amend Titles 32, 36, and 50 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, local governments, and state government, respectively, so as to provide for planning, deployment, and incentives of broadband services and other emerging communications technologies throughout the state; to provide for the Department of Transportation to take certain actions to enable the rights of way of interstate highways to be used for the deployment of broadband services and other emerging communications technologies; to provide for definitions; to require a comprehensive plan of a local government to include the promotion of the deployment of broadband services; to provide for certain powers, duties, and responsibilities of certain state departments and authorities relative to the deployment of broadband services and other emerging communications technologies; to change certain definitions relative to the "OneGeorgia Authority Act" to include broadband services; to change certain provisions related to the board of directors of the OneGeorgia Authority; to provide for the certain policies and programs for the deployment of broadband services and other emerging communications technologies throughout the state; to provide for the promulgation of certain rules and regulations; to require the development and publication of a map; to provide for legislative findings and declarations; to provide for certain reports; to provide for applicability; 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:

PART I SECTION 1-1.

This Act shall be known and may be cited as the "Achieving Connectivity Everywhere (ACE) Act."

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PART II SECTION 2-1.

Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended in Code Section 32-2-2, relating to powers and duties of the Department of Transportation generally, by revising paragraphs (18) and (19) of subsection (a) and by adding a new paragraph to read as follows:
"(18)(A) Subject to general appropriations and any provisions of Chapter 5 of this title to the contrary notwithstanding, the department is authorized within the limitations provided in subparagraph (B) of this paragraph to provide to municipalities, counties, authorities, and state agencies financial support by contract for clearing, dredging, or maintaining free from obstructions and for the widening, deepening, and improvement of the ports, seaports, or harbors of this state.
(B)(i) Municipalities, counties, authorities, or state agencies may, by formal resolution, apply to the department for financial assistance provided by this paragraph. (ii) The department shall review the proposal and, if satisfied that the proposal is in accordance with the purposes of this paragraph, may enter into a contract for expenditure of funds. (iii) The time of payment and any conditions concerning such funds shall be set forth in the contract. (C) In addition to subparagraph (A) of this paragraph and subject to general appropriations for such purposes, the department with its own forces or by contract may clear, dredge, or maintain free from obstruction and may widen, deepen, and improve the ports, seaports, or harbors of this state; (19) Code Sections 32-3-1 and 32-6-115 notwithstanding, the department may by contract grant to any rapid transit authority created by the General Assembly, under such terms and conditions as the department may deem appropriate, the right to occupy or traverse a portion of the right of way of any road on the state highway system by or with its mass transportation facilities. Furthermore, the department may by contract lease to the rapid transit authority, under such terms and conditions as the department may deem appropriate, the right to occupy, operate, maintain, or traverse by or with its mass transportation facilities any parking facility constructed by the department. Notwithstanding Code Section 48-2-17, all net revenue derived from the lease shall be utilized by the department to offset the cost of constructing any parking facility. Regardless of any financial expenditures by the rapid transit authority, no right of use or lease granted under this paragraph shall merge into or become a property interest of the rapid transit authority. Upon the transfer of the title of the mass transportation facilities to private ownership or upon the operation of the rapid transportation facilities for the financial gain of private persons, such rights granted by the department shall automatically terminate and all rapid transportation facilities shall be removed from the rights of way of the state highway system; and

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(20) The department, in consultation with the Georgia Technology Authority, shall have the authority to plan for, establish, and implement a long-term policy with regard to the use of the rights of way of the interstate highways and state owned roads for the establishment, development, and maintenance of the deployment of broadband services and other emerging communications technologies throughout the state by public or private providers, or both. The department shall be authorized to promote and encourage the use of such rights of way of the interstate highways and state owned roads for such purposes to the extent feasible and prudent. All net revenues from the use, lease, or other activities in such rights of way in excess of any project costs, that are not subject to the jurisdiction of the Federal Highway Administration or that are not otherwise restricted by any federal laws, rules, or regulations, shall be paid into the general fund of the state treasury subject to any restrictions imposed by the Federal Highway Administration. It is the intention of the General Assembly, subject to the appropriation process, that a portion of the amount so deposited into the general fund of the state treasury be appropriated each year to programs to be administered by the Georgia Technology Authority, the Department of Community Affairs, and other state agencies as provided in Chapter 39 of Title 50 to be used to promote and provide broadband services throughout the state."

PART III SECTION 3-1.

Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new Code section to read as follows:
"36-70-6. (a) As used in this Code section, the terms 'broadband services' and 'broadband services provider' shall have the same meanings as provided in Code Section 50-39-1. (b) The governing bodies of municipalities and counties shall provide in any comprehensive plan for the promotion of the deployment of broadband services by broadband services providers."

SECTION 3-2. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-8-7.1, relating to general powers and duties of the Department of Community Affairs, by revising paragraph (1) of subsection (b) as follows:
"(1) As part of such minimum standards and procedures, the department shall establish minimum elements which shall be addressed and included in comprehensive plans of local governments which are prepared as part of the coordinated and comprehensive planning process, provided that such minimum elements shall include the promotion of the

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deployment of reasonable and cost-effective access to broadband services by broadband services providers. As used in this paragraph, the terms 'broadband services' and 'broadband services provider' shall have the same meanings as provided in Code Section 50-39-1;"

PART IV SECTION 4-1.

Said Title 50 is further amended in Code Section 50-7-8, relating to additional powers of the Board of Economic Development, by revising paragraphs (13) and (14) and by adding a new paragraph to read as follows:
"(13) To enter into contracts with the Georgia Music Hall of Fame Authority for any purpose necessary or incidental in assisting the Georgia Music Hall of Fame Authority in carrying out or performing its duties, responsibilities, and functions; provided, however, that all such assistance shall be performed on behalf of and pursuant to the lawful purposes of the Georgia Music Hall of Fame Authority and not on behalf of the department; and provided, further, that such assistance shall not include the authorization of the issuance of any bonds or other indebtedness of the authority. The department may undertake joint or complementary programs with the Georgia Music Hall of Fame Authority, including the provision for joint or complementary services, within the scope of their respective powers; (14) To induce, by payment of state funds or other consideration, any agency or authority assigned to the department for administrative purposes to perform the agency's or authority's statutory functions; and (15) To promote the deployment of broadband services throughout the state, including, but not limited to, the deployment of broadband services in any facilities and developments designated as a Georgia Broadband Ready Community Site. The board and the Department of Economic Development shall have such additional powers and duties related to the promotion of the deployment of broadband services and other emerging communications technologies provided in Chapter 39 of this title."

SECTION 4-2. Said Title 50 is further amended in Code Section 50-8-7.1, relating to general powers and duties of the Department of Community Affairs, by adding a new subsection to read as follows:
"(e) The department shall undertake such activities as may be necessary to carry out any additional authority, duties, and responsibilities as authorized and described in Chapter 39 of this title."

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SECTION 4-3. Said Title 50 is further amended in Code Section 50-25-4, relating to general powers of the Georgia Technology Authority, by revising paragraphs (30) and (31) of subsection (a) and by adding a new paragraph to read as follows:
"(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; (31) To coordinate the establishment and administration of one or more programs to increase economic, educational, and social opportunities for citizens and businesses through the promotion of the deployment of broadband services and other emerging communications technologies throughout the state and to exercise any power granted to the authority in Chapter 39 of this title; and (32) To do all things necessary or convenient to carry out the powers conferred by this chapter."

PART V SECTION 5-1.

Said Title 50 is further amended in Code Section 50-34-2, relating to definitions relative to the "OneGeorgia Authority Act," by revising subparagraph (B) of paragraph (4) and by revising paragraph (9) by deleting "and" at the end of subparagraph (F), by replacing the period with "; and" at the end of subparagraph (G), and by adding a new subparagraph to read as follows:
"(B) All costs of real property, fixtures, equipment, or personal property used in or in connection with or necessary or convenient for any project or any facility or facilities related thereto, including, but not limited to, cost of land, interests in land, options to purchase, estates for years, easements, rights, improvements, water rights, connections for utility services, and infrastructure and connections for broadband services as such term is defined in Code Section 50-39-1; the cost of fees, franchises, permits, approvals, licenses, and certificates or the cost of securing any of the foregoing; the cost of preparation of any application therefor; and the cost of all fixtures, machinery, equipment, furniture, and other property used in connection with or necessary or convenient for any project or facility;" "(H) The acquisition, construction, improvement, or modification of any property, real or personal, used to provide or used in connection with the provision of broadband services which the authority has determined as necessary for the operation of the industries which such property, real or personal, is to serve and which is necessary for the public welfare, provided that, for the purposes of this subparagraph, the term 'broadband services' shall have the same meaning as provided in Code Section 50-39-1."

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SECTION 5-2. Said Title 50 is further amended by revising subsection (b) of Code Section 50-34-3, relating to creation, membership, power, and authority of OneGeorgia Authority, as follows:
"(b) The board of directors of the authority shall consist of the Governor, who shall serve as chair of the authority; the Lieutenant Governor, who shall serve as co-vice chair of the authority; the Speaker of the House of Representatives, who shall serve as co-vice chair of the authority; the director of the Office of Planning and Budget, who shall serve as secretary of the authority; the commissioner of community affairs; the commissioner of economic development; and the commissioner of revenue."

PART VI SECTION 6-1.

Said Title 50 is further amended by adding a new chapter to read as follows:

"CHAPTER 39 ARTICLE 1

50-39-1. As used in this chapter, the term:
(1) 'Broadband network project' means any deployment of broadband services. (2) 'Broadband services' means a wired or wireless terrestrial service that consists of the capability to transmit at a rate of not less than 25 megabits per second in the downstream direction and at least 3 megabits per second in the upstream direction to end users and in combination with such service provides:
(A) Access to the Internet; or (B) Computer processing, information storage, or protocol conversion. (3) 'Broadband services provider' means any provider of broadband services or a public utility or any other person or entity that builds or owns a broadband network project. (4) 'Development authority' shall have the same meaning as provided in Code Section 36-62A-20. (5) 'Eligible applicants' means any or all public bodies, designated by the Department of Community Affairs pursuant to paragraph (2) of subsection (b) of Code Section 50-39-81, as political subdivisions qualified to apply for funds under this article. (6) 'Local authority' shall have the same meaning as provided in Code Section 36-82-220. (7) 'Location' means any residence, dwelling, home, business, or building. (8) 'Political subdivision' means a county, municipal corporation, consolidated government, or local authority. (9) 'Qualified broadband provider' means an entity that is authorized to apply for or that obtains a certificate of authority issued pursuant to Code Section 46-5-163 that:

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(A)(i) Has, directly or indirectly, been providing broadband services to at least 1,000 locations; and (ii) Has been conducting business in the state for at least three years with a demonstrated financial, technical, and operational capability to operate a broadband services network; or (B) Is able to demonstrate financial, technical, and operational capability to operate a broadband services network. (10) 'Served area' means a census block that is not designated by the Department of Community Affairs as an unserved area. (11) 'Unserved area' means a census block in which broadband services are not available to 20 percent or more of the locations as determined by the Department of Community Affairs pursuant to Article 2 of this chapter.

50-39-2. (a) The Georgia Technology Authority is authorized and directed to establish and implement such policies and programs as are necessary to coordinate state-wide efforts to promote and facilitate deployment of broadband services and other emerging communications technologies throughout the state. Such policies and programs may include, but are not limited to, the following:
(1) A written state-wide broadband services deployment plan and the development of recommendations for the promotion and implementation of such a plan; (2) Technical support and advisory assistance to state agencies, including, but not limited to, the Department of Community Affairs and the OneGeorgia Authority, in developing grant programs, designation programs, and other programs to promote the deployment of broadband services and other emerging communications technologies; (3) A periodic analysis performed in conjunction with the State Properties Commission of any state assets, including, but not limited to, real property and structures thereon, that may be leased or otherwise utilized for broadband services deployment; and (4) Coordination between state agencies, local governments, industry representatives, community organizations, and other persons that control access to resources, such as facilities and rights of way, that may be used for the deployment of broadband services and other emerging communications technologies, that apply for or receive federal funds for the deployment of broadband services and other emerging communications technologies, and that promote economic and community development. (b) The Georgia Technology Authority shall submit copies of an annual report to the Lieutenant Governor, the Speaker of the House of Representatives, and the Governor regarding the policies and programs established by the authority as provided in subsection (a) of this Code section. Such report shall specifically include information as to the status of attainment of state-wide deployment of broadband services and other emerging communications technologies and industry and technology trends in broadband services and other emerging communications technologies. The Georgia Technology Authority shall

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also provide such report to all members of the General Assembly; provided, however, that the authority shall not be required to distribute copies of the report to the members of the General Assembly but shall notify the members of the availability of such report in the manner which it deems to be most effective and efficient. Furthermore, such report may be a part of or submitted in conjunction with the report required to be submitted by the Department of Community Affairs pursuant to Code Section 50-39-84. (c) All state agencies shall cooperate with the Georgia Technology Authority and its designated agents by providing requested information to assist in the development and administration of policies and programs and the annual report provided for in this Code section. (d) The Georgia Technology Authority shall promulgate any policies necessary to effectuate the provisions of this Code section.

50-39-3. All information provided by a broadband services provider pursuant to this chapter shall be presumed to be confidential, proprietary, a trade secret as such term is defined in Code Section 10-1-761, and subject to exemption from disclosure under state and federal law and shall not be subject to disclosure under Article 4 of Chapter 18 of this title, except in the form of a map where information that could be used to determine provider-specific information about the network of the broadband services provider is not disclosed. Except as otherwise provided in this chapter, such provider-specific information shall not be released to any person other than to the submitting broadband services provider, the Department of Community Affairs or the Georgia Technology Authority, agents designated to assist in developing the map provided for in Article 2 of this chapter, employees of the Department of Community Affairs or the Georgia Technology Authority, and attorneys employed by or under contract with the Department of Community Affairs or the Georgia Technology Authority without express permission of the submitting broadband services provider. Such information shall be used solely for the purposes stated under this chapter.

ARTICLE 2

50-39-20. The Department of Community Affairs shall determine those areas in the state that are served areas and unserved areas and shall publish such findings.

50-39-21. (a) On or before January 1, 2019, the Department of Community Affairs shall publish on its website a map showing the unserved areas in the state. (b) The Department of Community Affairs shall consult with the Federal Communications Commission in determining if a map showing the unserved areas, as determined by the Department of Community Affairs, exists. If on or before July 1, 2018, the Department of

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Community Affairs determines that such a map does not exist then such a map shall be created by the Department of Community Affairs or an agent designated by the Department of Community Affairs. Such agent may include the Georgia Technology Authority or other entities and individuals that are determined by the Department of Community Affairs to possess the necessary prerequisites to assist the department in creating such a map. Any such map created by the Department of Community Affairs shall take into consideration any information received pursuant to subsections (c) and (d) of this Code section and Code Section 50-39-22. If the Department of Community Affairs determines that such a map does exist that was not created by the Department of Community Affairs or an agent designated by the Department of Community Affairs, then its website may link to such existing map in lieu of republishing such map. (c) All local governments shall cooperate with the Department of Community Affairs and any agent designated by the Department of Community Affairs by providing requested information as to addresses and locations of broadband services and other emerging communications technologies within their jurisdictions. (d) The Department of Community Affairs and any agent designated by the Department of Community Affairs may request information from all broadband services providers in the state in developing a map or making the determination as to the percentage of locations within a census block to which broadband services are not available.

50-39-22. (a) An entity that is authorized to apply for or that obtains a certificate of authority pursuant to Code Section 45-5-163, a broadband services provider, or a political subdivision may file a petition with the Department of Community Affairs along with data specifying locations or census blocks which the petitioner alleges should be designated differently than as shown on the map published on the website of the Department of Community Affairs pursuant to Code Section 50-39-21. Upon receipt of such petition and data, the Department of Community Affairs shall provide notice of the petition on the Department of Community Affairs' website and shall notify all broadband services providers furnishing broadband services in such census block or any census block in which any such locations are positioned. Such broadband services providers shall have 45 days after the date such notice is sent to furnish information to the Department of Community Affairs showing whether the locations that are the subject of the petition currently have broadband services available. The Department of Community Affairs shall determine whether the designation of such locations or census blocks should be changed and shall issue such determination within 75 days of the date the notice is sent to the broadband services provider. (b) Any determination made by the Department of Community Affairs pursuant to this Code section shall be final and not subject to review and any such determination shall not be a contested case under Chapter 13 of Title 50, 'Georgia Administrative Procedure Act.'

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ARTICLE 3

50-39-40. (a) A political subdivision that has a comprehensive plan that includes the promotion of the deployment of broadband services, as required pursuant to Code Sections 36-70-6 and 50-8-7.1, may apply to the Department of Community Affairs for certification as a broadband ready community. The department shall by rules and regulations prescribe the form and manner for making an application. The department shall prescribe by rules and regulations a process for public notice and comment on an application for a period of at least 30 days after such application is received, except that such process shall not apply to an application by a political subdivision that enacts a model ordinance developed by the department under Code Section 50-39-41. (b) The department shall approve an application and certify a political subdivision as a broadband ready community if the department determines that such political subdivision has enacted an ordinance that complies with Code Section 50-39-41. If the process for public notice and comment applies to an application, the department shall, before approving such application, consider any public comments made regarding such application.

50-39-41. (a) A political subdivision shall not be certified as a broadband ready community unless such political subdivision enacts an ordinance for reviewing applications and issuing permits related to broadband network projects that provides for all of the following:
(1) Appointing a single point of contact for all matters related to a broadband network project; (2) Requiring such political subdivision to determine whether an application is complete and notifying the applicant about such determination in writing within a certain time period after receiving such application; provided, however, that any delay in the processing of an application that is outside the control of such political subdivision and that is directly caused by or attributable to a natural disaster, a state of emergency, a mandated federal review or approval, the receipt of multiple applications by the same or different applicants within a relatively short period of time, another political subdivision's review or approval, or through fault of the applicant shall not count toward the days allotted within such time period; (3) If the political subdivision receives an application that is incomplete, requiring the written notification provided for under paragraph (2) of this subsection to specify in detail the required information that is incomplete; (4) If such political subdivision does not make the written notification required under paragraph (2) of this subsection, requiring such political subdivision to consider an application to be complete;

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(5) Within a certain time period after receiving an application that is complete, requiring such political subdivision to approve or deny such application and provide the applicant notification in writing of such approval or denial; (6) That any fee imposed by such political subdivision to review an application, issue a permit, or perform any other activity related to a broadband network project shall be reasonable, cost based, and nondiscriminatory to all applicants; and (7) Any other information or specifications as may be required by the department by rules and regulations related to ensuring ready access to the public rights of way and infrastructure. (b) The department, with input from broadband services providers and local governments, shall develop a model ordinance for the review of applications and the issuance of permits related to broadband network projects that complies with subsection (a) of this Code section that may be enacted by a political subdivision. (c) If a political subdivision enacts an ordinance that differs from the model ordinance developed by the department, the political subdivision shall, when applying for certification under Code Section 50-39-40, provide the department with a written statement that describes the ordinance enacted by such political subdivision and how such ordinance differs from the model ordinance. (d) After certification of a political subdivision as a broadband ready community, the department shall continue to monitor such political subdivision's compliance with the broadband ready community eligibility requirements provided in subsection (a) of this Code section to ensure that the ordinance is still in effect and that such political subdivision's actions are in conformance with such ordinance.

50-39-42. A political subdivision that the department has certified as a broadband ready community under Code Section 50-39-41 may be decertified by the department if it:
(1) Imposes an unreasonable or noncost based fee to review an application or issue a permit for a broadband network project. Any application fee that exceeds $100.00 shall be considered unreasonable unless such political subdivision can provide documentation justifying such fee based on a specific cost; (2) Imposes a moratorium of any kind on the approval of applications or issuance of permits for broadband network projects or on construction related to broadband network projects; (3) Discriminates among broadband services providers with respect to any action described in this article or otherwise related to a broadband network project, including granting access to public rights of way, infrastructure and poles, river and bridge crossings, or any other physical assets owned or controlled by such political subdivision; or (4) As a condition for approving an application or issuing a permit for a broadband network project, requires the applicant to:

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(A) Provide any service or make available any part of the broadband network project to such political subdivision; or (B) Except for reasonable and cost based fees allowed, make any payment to or on behalf of such political subdivision.

50-39-43. (a) Upon the request of a broadband services provider, the department may decertify a political subdivision as a broadband ready community if such political subdivision fails to act in accordance with the ordinance required for certification under Code Section 50-39-41, modifies such ordinance so that such ordinance no longer complies with subsection (a) of Code Section 50-39-41, or violates any provision of Code Section 50-39-42. (b) Upon a complaint that an application fee under an ordinance required for certification under Code Section 50-39-41 is unreasonable, the department shall determine whether or not such fee is reasonable. In the proceeding for making such determination, the political subdivision shall have the burden of proving the reasonableness of any action undertaken by such political subdivision as part of the application process and the reasonableness of the costs of such actions.

50-39-44. A broadband network project targeting industry development or construction of a new building for which a political subdivision that has been certified as a broadband ready community under Code Section 50-39-40 is seeking financing from the OneGeorgia Authority, as provided for in Chapter 34 of this title, shall be given priority by the OneGeorgia Authority.

50-39-45. The department shall promulgate any reasonable and necessary rules and regulations to effectuate the provisions of this article.

ARTICLE 4

50-39-60. As used in this article, the term 'broadband services' means the provision of access to the Internet or computer processing, information storage, or protocol conversion.

50-39-61. In order to encourage economic development and attract technology enabled growth in Georgia, the Department of Community Affairs shall, with the assistance of the Department of Economic Development, create and administer the 'Georgia Broadband Ready Community Site Designation Program.' Such program shall designate facilities and developments that offer broadband services at a rate of not less than 1 gigabit per second

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in the downstream to end users that can be accessed for business, education, health care, government, and other public purposes as a Georgia Broadband Ready Community Site.

50-39-62. (a) The Department of Community Affairs or its designated agents shall evaluate the information submitted by applicants for designation as a Georgia Broadband Ready Community Site to confirm, based on the best available local, state, and federal broadband information, that at least 1 gigabit of broadband services is available within the facility or development. (b) The Department of Economic Development shall promote the Georgia Broadband Ready Community Site Designation Program and shall promote the facilities and developments so designated as local community assets. Upon certification of a facility or development as a Georgia Broadband Ready Community Site, the Department of Community Affairs shall notify the Department of Economic Development so that the Department of Economic Development may provide standardized graphics and materials to the owner or owners of such facility or development and the county or municipal corporation in which such facility or development is located in order to promote the status of the site as a Georgia Broadband Ready Community Site.

50-39-63. The Department of Community Affairs shall be authorized to adopt and promulgate such rules and regulations as may be reasonable and necessary to carry out the purposes of this article.

ARTICLE 5

50-39-80. (a) The General Assembly recognizes that access to broadband services in today's society is essential to everyday life. Access to broadband services is a necessary service as fundamental as electricity, gas, or phone service. There is a growing need for the government of this state to provide the much needed infrastructure to the homes and businesses without access to broadband services due to their location in rural and other unserved areas. Furthermore, the General Assembly finds and declares that ensuring broadband services deployment will have a positive effect on education, health care, public safety, business and industry, government services, and leisure activities throughout the entire state. The General Assembly also finds and declares that guaranteeing an equitable deployment of broadband services throughout the state is a public necessity, one of the basic functions of government, and a benefit to the entire state. Moreover, the General Assembly finds and declares that it is in the best interest of the state and the persons who live and work in the state to spend state funds through the establishment of a grant program to ensure the

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creation of a state-wide foundation of broadband services infrastructure in unserved areas of the state. (b) The General Assembly hereby finds and determines that the economic benefits that will inure to the State of Georgia and designated political subdivisions from the Georgia Broadband Deployment Initiative provided for in this article and from the performance by private sector persons and entities of the obligations that they will incur in connection with such Georgia Broadband Deployment Initiative, will be equal to or greater than the benefits to be derived by such private sector persons and entities in connection therewith, and that, therefore, the Georgia Broadband Deployment Initiative does not violate the prohibition in the Georgia Constitution on the payment by public bodies of gratuities to private sector persons or entities.

50-39-81. (a) On or before July 1, 2019, the Department of Community Affairs shall develop the 'Georgia Broadband Deployment Initiative' program to provide funding awards to expand broadband services to unserved areas of the state. The goal of such program shall be to provide broadband services coverage throughout the entire state. The funding awards of the program shall represent the state's investment in the deployment of broadband services to unserved areas and shall be used only for capital expenses and expenses directly related to the purchase or lease of property or communications services or facilities, including without limitation backhaul and transport, to facilitate the provision of broadband services.
(b)(1) Funding awards, in the form of grants or loans, shall be competitively awarded to eligible applicants based on criteria consistent with this article and other factors established by the department; provided, however, that the department shall not discriminate between different types of broadband services technology as long as the technology is capable of transmitting data at the rates specified for each unserved area. (2) The department shall designate political subdivisions as eligible applicants that shall be qualified to apply for funding awards under this article. All such eligible applicants are hereby granted all powers necessary for any and all purposes of the program, and in the case of any development authority included as an eligible applicant, the exercise of such powers is hereby found and determined to promote the development of trade, commerce, industry, and employment opportunities. (c) Funding awards shall be based on appropriations of funds or receipt of other funds to support the program. (d) The department shall consider each of the following in the funding awards process: (1) The effectiveness of the partnership between an eligible applicant and a qualified broadband services provider; (2) The benefit to the unserved area in terms of the population served and the capacity and scalability of the technology to be deployed; and (3) The total project cost and the ability to leverage other available federal, local, and private funds.

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(e) In addition to the criteria provided in subsection (d) of this Code section, the department may establish any other criteria for determining any funding awards that are reasonable and necessary to ensure that the funds are utilized to provide broadband services to the unserved areas. Such criteria may include, but shall not be limited to:
(1) Whether the qualified broadband services provider in the partnership is willing to agree to:
(A) Not charge more for broadband services to customers in any unserved area for which a funding award is received than it does for the same or similar broadband services to customers in other areas of the state; (B) Serve 90 percent of any locations requesting broadband services in any unserved area for which a funding award is received; and (C) Meet or exceed in any unserved area for which it receives a grant a minimum level of dependable service as established by the department; (2) The benefit to businesses; industrial parks; education centers; hospitals and other health care facilities, such as telehealth facilities and emergency care facilities; government buildings; public safety departments; or other providers of public services located within the unserved area; (3) Data cap limits, signal latency, and reliability of the technology to be utilized; (4) Historic service issues in other areas served by the qualified broadband provider in the partnership; and (5) The length of time it will take to deploy the broadband services in the unserved area. (f) The department shall give competitive priority to any unserved area certified as a broadband ready community as provided in Article 3 of this chapter. Partnerships that include qualified broadband providers that cooperate in providing information requested pursuant to subsection (d) of Code Section 50-39-21, as applicable, shall also factor favorably into the competitive funding awards process. (g) The department shall ensure that the program complies with all applicable federal laws, rules, and regulations.

50-39-82. In addition to developing the program provided for in Code Section 50-39-81, the Department of Community Affairs shall provide oversight and coordination of state efforts to apply for, utilize, and implement public and private grants, programs, designations, and other resources for the deployment of broadband services and other emerging communications technologies.

50-39-83. The Department of Community Affairs shall promulgate and enforce any reasonable and necessary rules and regulations to effectuate the provisions of this article and administer any of the programs provided for in this article.

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50-39-84. (a) On June 30, 2019, and on each June 30 thereafter, the Department of Community Affairs shall submit a report to the Lieutenant Governor, the Speaker of the House of Representatives, and the Governor on the progress in achieving the purposes of this article, including, at a minimum the status of any funding awards. Such report may be a part of or submitted in conjunction with the report required to be submitted by the Georgia Technology Authority pursuant to Code Section 50-39-2. Such report shall be published on the website of the Department of Community Affairs.

PART VII SECTION 7-1.

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

SECTION 7-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 7, 2018.

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EDUCATION REVENUE AND TAXATION TAX CREDITS FOR CERTAIN SCHOLARSHIP ORGANIZATIONS; SALES TAX EXEMPTION FOR CERTAIN NONCOMMERICAL WRITTEN MATERIALS AND MAILINGS; PUBLIC EDUCATION INNOVATION FUND FOUNDATION; RECEIPT OF PRIVATE DONATIONS; TAX CREDITS.

No. 424 (House Bill No. 217).

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 increase the amount of the aggregate cap on contributions to certain scholarship organizations in order to receive income tax credits; to provide for an increase in the limit of tax credits and for reporting the increase in the limit; to provide for procedures, conditions, and limitations; to amend Chapter 2A of Title 20 of the Official Code of Georgia Annotated, relating to

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student scholarship organizations, so as to provide for new expenditure limits; to provide for additional reporting and auditing requirements; to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide a sales tax exemption for the sale or use of noncommercial written materials or mailings by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; to amend an Act relating to education and to revenue and taxation authorizing the Public Education Innovation Fund Foundation to receive private donations to be used for grants to public schools and providing for an income tax credit for qualified education donations, approved April 27, 2017 (Ga L. 2017, p. 100), so as to extend an uncodified sunset provision; 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 subsection (f) of Code Section 48-7-29.16, relating to the qualified education tax credit, as follows:
"(f)(1) The aggregate amount of tax credits allowed under this Code section shall not exceed:
(A) Fifty-eight million dollars for the tax year ending on December 31, 2018; (B) One hundred million dollars for tax years beginning on January 1, 2019, and ending on December 31, 2028; and (C) Fifty-eight million dollars for the tax year beginning on January 1, 2029, and for all subsequent tax years. (2) The commissioner shall allow the tax credits on a first come, first served basis. (3) For the purposes of paragraph (1) of this subsection, a student scholarship organization shall notify a potential donor of the requirements of this Code section. Before making a contribution to a student scholarship organization, the taxpayer shall electronically notify the department, in a manner specified by the department, of the total amount of contributions that the taxpayer intends to make to the student scholarship organization. The commissioner shall preapprove, deny, or prorate the requested amount within 30 days after receiving the request from the taxpayer and shall provide notice to the taxpayer and the student scholarship organization of such preapproval, denial, or proration which shall not require any signed release or notarized approval by the taxpayer. In order to receive a tax credit under this Code section, the taxpayer shall make the contribution to the student scholarship organization within 60 days after receiving notice from the department that the requested amount was preapproved. If the taxpayer does not comply with this paragraph, the commissioner shall not include this preapproved contribution amount when calculating the limit prescribed in paragraph (1) of this subsection. The

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department shall establish a web based donation approval process to implement this subsection. (4) Preapproval of contributions by the commissioner shall be based solely on the availability of tax credits subject to the aggregate total limit established under paragraph (1) of this subsection. The department shall maintain an ongoing, current list on its website of the amount of tax credits available under this Code section. (5) Notwithstanding any laws to the contrary, the department shall not take any adverse action against donors to student scholarship organizations if the commissioner preapproved a donation for a tax credit prior to the date the student scholarship organization is removed from the Department of Education list pursuant to Code Section 20-2A-7, and all such donations shall remain as preapproved tax credits subject only to the donor's compliance with paragraph (3) of this subsection. (6) In addition to the reporting requirements in Code Section 20-2A-3, each student scholarship organization shall file an annual report with the department showing any fees or assessments retained by the student scholarship organization during the calendar year."

SECTION 2. Chapter 2A of Title 20 of the Official Code of Georgia Annotated, relating to student scholarship organizations, is amended by restating the introductory language, revising paragraphs (1) and (5), and adding a new paragraph in Code Section 20-2A-2, relating to requirements for student scholarship organizations, as follows:
"Each student scholarship organization: (1) With respect to the first $1.5 million of its annual revenue received from donations for scholarships or tuition grants, must obligate at least 92 percent of such revenue for scholarships or tuition grants; with respect to its annual revenue received from donations for scholarships or tuition grants in excess of $1.5 million and up to and including $10 million, must obligate at least 94 percent of such revenue for scholarships and tuition grants; with respect to its annual revenue received from donations for scholarships or tuition grants in excess of $10 million and up to and including $20 million, must obligate at least 95 percent of such revenue for scholarships and tuition grants; and, with respect to its annual revenue received from donations for scholarships or tuition grants in excess of $20 million, must obligate at least 96 percent of such revenue for scholarships and tuition grants. On or before the end of the calendar year following the calendar year in which a student scholarship organization receives revenues from donations and obligates them for the awarding of scholarships or tuition grants, the student scholarship organization shall designate the obligated revenues for specific student recipients. Once the student scholarship organization designates obligated revenues for specific student recipients, in the case of multiyear scholarships or tuition grants, the student scholarship organization may distribute the entire obligated and designated revenues to a qualified school or program to be held in accordance with Department of Revenue rules for distribution to the specified recipients during the years in which the recipients are

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projected in writing by the private school to be enrolled at the qualified school or program. In making a multiyear distribution to a qualified school or program, the student scholarship organization shall require that if the designated student becomes ineligible or for any other reason the qualified school or program elects not to continue disbursement of the multiyear scholarship or tuition grant to the designated student for all the projected years, then the qualified school or program shall immediately return the remaining funds to the student scholarship organization. Once the student scholarship organization designates obligated revenues for specific student recipients, in the case of multiyear scholarships or tuition grants for which the student scholarship organization distributes the obligated and designated revenues to a qualified school or program annually rather than the entire amount, if the designated student becomes ineligible or for any other reason the student scholarship organization elects not to continue disbursement for all years, then the student scholarship organization shall designate any remaining previously obligated revenues for a new specific student recipient on or before the end of the following calendar year. The maximum scholarship amount given by the student scholarship organization in any given year shall not exceed the average state and local expenditures per student in fall enrollment in public elementary and secondary education for this state. The Department of Education shall determine and publish such amount annually, no later than January 1;" "(5) Must conduct an audit of its accounts by an independent certified public accountant within 120 days after the completion of the student scholarship organization's fiscal year verifying that it has complied with all requirements of this Code section, including, but not limited to, financial requirements. Each student scholarship organization shall provide a copy of such audit to the Department of Revenue in accordance with Code Section 20-2A-3. Notwithstanding Code Sections 20-2A-7, 48-2-15, 48-7-60, and 48-7-61, if the copy of the audit submitted fails to verify that the student scholarship organization obligated its annual revenue received from donations for scholarships or tuition grants as required under paragraph (1) of this Code section; that obligated revenues were designated for specific student recipients within the time frame required by paragraph (1) of this Code section; and that all obligated and designated revenue distributed to a qualified school or program for the funding of multiyear scholarships or tuition grants complied with all applicable Department of Revenue rules, then the Department of Revenue shall post on its website the details of such failure to verify. Until any such noncompliant student scholarship organization submits an amended audit, which, to the satisfaction of the Department of Revenue, contains the verifications required under this Code section, the Department of Revenue shall not preapprove any contributions to the noncompliant student scholarship organization; (5.1) In addition to the audit required by paragraph (5) of this Code section, in 2023, the state auditor shall issue an economic analysis report on the performance of this tax credit to the chairpersons of the House Committee on Ways and Means and the Senate Finance

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Committee. An economic analysis shall include, but not be limited to, a good faith estimate, on both a direct and indirect basis, as to the:
(A) Net change in state revenue; (B) Net change in state expenditures, which shall include, but not be limited to, costs of administering the tax credit; (C) Net change in economic activity; and (D) Net change in public benefit; and"

SECTION 3. Said chapter is further amended by revising Code Section 20-2A-3, relating to taxation reporting requirements for student scholarship organizations, as follows:
"20-2A-3. (a) Each student scholarship organization must report annually to the Department of Revenue, on a date determined by the Department of Revenue and on a form provided by the Department of Revenue the following:
(1) The total number and dollar value of individual contributions and tax credits approved. Individual contributions shall include contributions made by those filing income tax returns as a single individual or head of household and those filing joint returns; (2) The total number and dollar value of corporate contributions and tax credits approved; (3) The total number and dollar value of scholarships awarded to eligible students; (4) The total number of scholarship recipients whose family's adjusted gross income falls:
(A) Under 125 percent of the federal poverty level; (B) Between 125 and 250 percent of the federal poverty level; (C) Between 250 and 400 percent of the federal poverty level; and (D) Above 400 percent of the federal poverty level; (5) The average scholarship dollar amount by adjusted gross income category as provided in paragraph (4) of this subsection; and (6) A list of donors, including the dollar value of each donation and the dollar value of each approved tax credit. Such report shall also include a copy of the audit conducted pursuant to paragraph (5) of Code Section 20-2A-2. The Department of Revenue shall post on its website the information received from each student scholarship organization pursuant to paragraphs (1) through (5) of this subsection. (b) Except for the information reported pursuant to paragraphs (1) through (5) of subsection (a) of this Code section, all information or reports provided by student scholarship organizations to the Department of Revenue shall be confidential taxpayer information, governed by Code Sections 48-2-15, 48-7-60, and 48-7-61, whether it relates to the donor or the student scholarship organization."

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SECTION 4. 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 (99), by replacing the period with "; or" at the end of paragraph (100), and by adding a new paragraph to read as follows:
"(101)(A) The sale or use of noncommercial written materials or mailings by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, if the organization is located in this state and provides such materials to charity supporters for educational, charitable, religious, or fundraising purposes, to the extent provided in subparagraph (B) of this paragraph. (B) This exemption shall apply from July 1, 2018, until July 1, 2021. 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 sales and use taxes by filing a claim for refund of tax paid on qualifying items. All refunds made pursuant to this paragraph shall not include interest."

SECTION 5. An Act relating to education and to revenue and taxation authorizing the Public Education Innovation Fund Foundation to receive private donations to be used for grants to public schools and providing for an income tax credit for qualified education donations, approved April 27, 2017 (Ga L. 2017, p. 100), is amended by revising Section 3 to read as follows:

"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 on December 31, 2023."

SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Sections 1, 2, and 3 of this Act shall be applicable to tax years beginning on or after January 1, 2019.

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

Approved May 7, 2018.

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EDUCATION CHARTER SCHOOLS; SERVICES AND FUNDING; REPORTS ON CERTAIN SCHOOLS; NEEDS BASED FINANCIAL AID FOR CERTAIN STUDENTS AT UNIVERSITY SYSTEM OF GEORGIA INSTITUTIONS.

No. 425 (House Bill No. 787).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise certain provisions relative to charter schools; to provide that state charter schools may receive services from regional educational service agencies; to revise funding for state chartered special schools and state charter schools; to provide for initial funding for charter schools with projected student growth exceeding 2 percent; to provide for initial funding for training and experience; to provide for annual reports by the Department of Audits and Accounts on state chartered special schools and state charter schools that offer virtual instruction; to provide for comprehensive reports of such charter schools that offer virtual instruction on the earlier of every four years or the year before such school's charter is eligible for renewal; to provide for the establishment of a grant program to replicate high-performing charter schools; to provide for contingency on appropriations; to provide for criteria; to provide for rules and regulations; to provide for a needs based financial aid program to provide grants to eligible students for postsecondary education at institutions of the University System of Georgia; to provide for definitions; to provide for contingency on funding; to provide for rules and regulations; to provide for audits; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Code Section 20-2-270, relating to the establishment of a state-wide network of regional educational service agencies, as follows:
"20-2-270. (a) The State Board of Education shall establish a state-wide network of regional educational service agencies for the purposes of: providing shared services designed to improve the effectiveness of educational programs and services to local school systems and state charter schools; providing instructional programs directly to selected public school students in the state; and providing Georgia Learning Resources System services. The

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regional educational service agencies established by the state board may legally be referred to as 'RESA' or 'RESA's.' (b) The State Board of Education shall establish the service area of each regional educational service agency as a geographically defined area of the state. All local school systems, state charter schools, Technical College System of Georgia facilities and institutions, and University System of Georgia facilities and institutions that are located in the designated geographical area shall be members of that regional educational service agency. (c) Every state supported postsecondary institution shall be an active member of a regional educational service agency. (d) Each regional educational service agency and its employees shall be subject to or exempt from taxation in the same manner as are school systems and school system employees. (e) All employees and volunteers of a regional educational service agency shall be immune from liability to the same extent as are employees and volunteers of a school system. (f) Regional educational service agencies are not state agencies but shall be considered local units of administration for purposes of this chapter."

SECTION 2. Said title is further amended by revising Code Section 20-2-270.1, relating to services provided by regional educational service agencies, as follows:
"20-2-270.1. (a) Each regional educational service agency shall provide the following shared services to member local school systems and state charter schools:
(1) Identifying or conducting research related to educational improvements and in planning for the implementation of such improvements; (2) Developing and implementing staff development programs with an emphasis on improving student achievement and school accountability; (3) Developing and implementing curricula and instruction of the highest quality possible, including implementing the uniformly sequenced content standards adopted by the state board; (4) Developing and implementing academic assessment and evaluation programs; (5) Identifying and utilizing electronic technology, including computers, in an effort to improve the quality of classroom instruction as well as classroom, school, and school system management; (6) Developing programs, resource materials, and staff development services relating to instruction on alcohol and drug abuse; and (7) Assistance in the development and implementation of a state-wide mentoring program. The shared services may also include assistance designed to address documented local needs pursuant to subsection (d) of Code Section 20-2-272.

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(b) The state board shall make the service areas for the Georgia Learning Resources System congruous with the service areas for the RESA's. The RESA's are designated as the fiscal agents for the agency of the Georgia Learning Resources System or a local board of education as identified by the State Board of Education through an annual contract to serve as fiscal agent for the Georgia Learning Resources System. All member local school systems and state charter schools shall be provided the services of the Georgia Learning Resources System. (c) The Psychoeducational Network for severely emotionally disturbed students shall be continued in effect. The service areas of units of the Psychoeducational Network for severely emotionally disturbed students in place on January 1, 1995, shall be continued in effect. The fiscal agent for each service area shall be as in effect on January 1, 1995, unless changed as provided in this subsection. Upon the request of a majority of the local school superintendents of the local school systems within a service area, representatives of each of the local school systems in the respective service area shall vote in the manner and at the time prescribed by the state board to determine if one of the local school systems or the regional educational service agency serving the respective service area shall serve as the fiscal agent for the respective unit of the Psychoeducational Network for the ensuing fiscal year. In the event this vote results in a change in the fiscal agent for the respective unit, the new fiscal agent shall continue in this capacity for a minimum of three fiscal years. In the event a regional educational service agency is designated as the fiscal agent for a service area, all member local school systems shall be provided the services of the Psychoeducational Network. (d) A regional educational service agency shall be authorized to sell or provide at reasonable costs goods to private schools located in this state."

SECTION 3. Said title is further amended by revising Code Section 20-2-271, relating to development of regional improvement plan, introduction of core services, instructional care teams, and establishment of alternative methods of teacher certification, as follows:
"20-2-271. (a) Each regional educational service agency shall annually develop and submit to the Department of Education for approval, with a copy to the Education Coordinating Council, a regional plan for improvement of educational efficiency and cost effectiveness of its member institutions. Each plan must include the purposes and description of the services the regional educational service agency will provide to schools identified as low-performing based on the indicators adopted under Code Section 20-14-33 and to other schools. (b) Each regional educational service agency shall introduce and provide core services for member local school systems and schools and provide core services for purchase by local school systems and schools which are not members of that regional educational service agency. These core services shall include the following:

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(1) Training and assistance in teaching each subject area assessed under Code Section 20-2-281; (2) Assistance specifically designed for any school that is rated academically failing under Code Section 20-14-33; (3) Training and assistance to teachers, administrators, members of local boards of education, and members of local school councils on school-based decision making and control; and (4) Assistance in complying with applicable state laws and rules of the State Board of Education and the Education Coordinating Council. Nothing in this Code section shall be construed to limit the freedom of a school system or school to purchase or refuse to purchase any core service from any regional educational service agency in this state. (c) As part of the assistance provided by a regional educational service agency under this Code section, each regional educational service agency shall provide for the establishment of instructional care teams. Upon determining that a school under its management and control is consistently underperforming or is otherwise educationally deficient, a local board of education or state charter school may request through a regional educational service agency the appointment of an instructional care team for that school. The instructional care team shall consist of such number of persons with such experience as a principal, teacher, or other education personnel so as to best address the needs of the school. Such instructional care team shall conduct an investigation into such aspects of instruction at the school as requested by the local board or state charter school, prepare a written evaluation of such aspects of the school, and make nonbinding recommendations to the local board or state charter school regarding improvements at the school. Such investigations, evaluations, and recommendations shall focus on, but not be limited to, instruction in mathematics, science, reading and other English courses, and social studies. Instructional care teams may also provide long-term and short-term follow-up assistance, such as but not limited to instruction, instructional assistance, and professional and staff development. Each regional educational service agency shall develop a registry or listing of potential instructional care team members, together with their areas of expertise, who may be available to member or nonmember local school systems and state charter schools for service on instructional care teams. Each regional educational service agency shall promulgate rules and regulations for the purchase of the services of an instructional care team, provided that nothing in this Code section shall prevent regional educational service agencies from entering into cooperative arrangements for the mutual exchange of such services. Subject to appropriation by the General Assembly, regional educational service agencies may be provided grants for the purpose of facilitating the development and implementation of instructional care teams. (d) Each regional educational service agency may provide any additional service and any assistance to its member systems and state charter schools, as determined by the board of control. Each regional educational service agency may offer any service and form of

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assistance provided for in this Code section for purchase by any local school system or school in this state or state charter school. (e) Pursuant to rules and regulations developed by the Professional Standards Commission, each regional educational service agency shall develop programs for nontraditional alternative routes to state teacher certification as an alternative to traditional educator preparation, with special consideration provided to critical field shortages in its regional teaching workforce. (f) Each regional educational service agency may acquire, lease, purchase, lease purchase, or dispose of real or personal property and may incur debts for those purposes, subject to the approval of such agency's board of control. Such property shall be held in the name of the regional educational service agency."

SECTION 4. Said title is further amended by revising Code Section 20-2-272, relating to agency board of control, membership, powers and duties, and planning boards, as follows:
"20-2-272. (a) Each regional educational service agency shall be governed by a board of control. On and after July 1, 2000, the school superintendent of each member school system, the president or highest administrator of each member postsecondary institution, and a local public or regional library director appointed by the director of the Office of Public Library Services of the Board of Regents of the University System of Georgia shall serve as the board of control. (b) All laws and the policies and regulations of the State Board of Education applicable to local school systems and local boards of education shall be applicable, when appropriate, to the regional educational service agencies and their boards of control unless explicitly stated otherwise in this part. No board of control shall levy or collect any taxes. No board of control shall expend or contract to expend any funds beyond the amount of funds that the board of control is legally authorized to receive and will, in fact, receive, except as otherwise provided in this part. Each board of control shall submit an annual report and an annual budget to the state board, in the manner prescribed by the state board, for review and approval. (c) The State Board of Education shall be responsible for assuring that the activities of each regional educational service agency and its board of control established under this part conform to both the Constitution and laws of Georgia, as well as the policies and regulations of the state board. (d) Boards of control shall determine the assistance needed by local school systems and state charter schools in the area served by each regional educational service agency, establish priorities from those needs, and allocate resources accordingly. Boards of control shall annually review the effectiveness and efficiency of such agencies. Boards of control shall determine the procedures and activities by which each regional educational service agency achieves locally established objectives and shall establish job descriptions, personnel

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qualifications, and work schedules consistent with locally established priorities and objectives. (e) In the event the State Board of Education adopts a policy to reorganize the service areas of regional educational service agencies pursuant to Code Section 20-2-270 effective July 1 of a fiscal year, members of boards of control during the preceding fiscal year shall constitute planning boards for the respective service areas to be established the ensuing July 1. Each planning board shall have the authority to establish the location or locations of the office or offices of its regional educational service agency effective the ensuing July 1, to issue contracts with a director and other agency staff to be employed effective the ensuing fiscal year, to assess the needs of all potential member local school systems and state charter schools, to prepare operational plans and budgets for the ensuing fiscal year, to establish the manner by which the local share of the budget will be assessed to potential member local school systems and state charter schools, and to make any other such decisions that the state board deems necessary for an orderly transition of service areas for regional educational service agencies. Such decisions shall be adopted by these planning boards prior to December 15 of the fiscal year preceding the effective date for reorganization of the service areas. Any such planning board shall be authorized to amend, prior to April 15 of that fiscal year, any such decisions which are necessary as the result of the actions of the General Assembly during its regular session during that fiscal year."

SECTION 5. Said title is further amended by revising Code Section 20-2-274, relating to uniform state-wide needs program and documented local needs program grants, as follows:
"20-2-274. (a) The state board shall be authorized to provide each regional educational service agency with a uniform state-wide needs program grant and a documented local needs program grant, subject to appropriation by the General Assembly. The uniform state-wide needs program grant shall consist of two components: the same fixed amount for each regional educational service agency; and an amount which reflects the number of local school systems, the number of schools, the number of students, and the number of square miles contained collectively within its member local school systems and state charter schools. Each regional educational service agency shall be required to match the uniform state-wide needs program grant with an amount of funds equal to one-fourth of this grant. The uniform state-wide needs grant and its matching local funds shall be used to finance the basic administrative overhead of the regional educational service agencies and to provide the areas of assistance specified in Code Sections 20-2-270.1 and 20-2-271. The amount of funds granted to each regional educational service agency for the documented local needs program grant shall depend upon the proportion that the number of local school systems, number of schools, number of students, and number of square miles contained collectively within its member local school systems and state charter schools are of these respective factors state wide, as well as the adopted operational plan and the budget designed to

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address documented needs for assistance to member local school systems and state charter schools. Each regional educational service agency shall be required to match the documented local needs program grant with an amount of funds equal to two-thirds of that grant. The state board shall provide grants to regional educational service agencies for Georgia Learning Resources Systems or to a local school system contracted to be a fiscal agent for a Georgia Learning Resources System. Each board of control shall be authorized to adopt the manner by which each member local school system and state charter school shall be assessed its share of the uniform state-wide needs program and the documented local needs program; provided, however, that member local school systems and state charter schools shall not be allowed to use funds received under the provisions of this article for this purpose. The state board shall grant the regional educational service agency the funds needed to provide services to all local school systems and state charter schools in the service area of the Georgia Learning Resources System designated as the fiscal agent or to any local school system contracted to serve as the fiscal agent for a Georgia Learning Resource System as well as the grants authorized previously by this subsection. All other financing will be based on contracts to supply service programs to member local school systems and state charter schools. The funds for these programs, upon a contract approval basis, may be derived from local, state, federal, or private sources. (b) A regional educational service agency may not receive directly from the State Board of Education any state funds originally intended for or directed to a local school system or state charter school by this article; provided, however, that, upon the official request of a local school system or state charter school, the state board may send directly to a regional educational service agency any funds allocated to a local school system or state charter school. All grants from the state along with the contributions from member local school systems or state charter schools and funds from other sources shall be budgeted by the board of control other than those designated to local school systems designated as fiscal agents for a Georgia Learning Resource System through contract with the State Board of Education."

SECTION 6. Said title is further amended by revising subsection (d) and by adding a new subsection to Code Section 20-2-2068.1, relating to charter school funding, as follows:
"(d)(1) Effective July 1, 2012, except as otherwise provided in paragraph (2) of this subsection, the department shall pay to each state chartered special school through appropriation of state funds an amount equal to the sum of:
(A)(i) QBE formula earnings and QBE grants earned by the state chartered special school based on the school's enrollment, school profile, and student characteristics. For purposes of this subparagraph, the term 'QBE formula earnings' means funds earned for the Quality Basic Education Formula pursuant to Code Section 20-2-161, including the portion of such funds that are calculated in accordance with Code Section 20-2-164. QBE formula earnings shall include the salary portion of direct instructional costs, the adjustment for training and experience, the nonsalary portion

GEORGIA LAWS 2018 SESSION

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of direct instructional costs, and earnings for psychologists and school social workers,

school administration, facility maintenance and operation, media centers, additional

days of instruction in accordance with Code Section 20-2-184.1, and staff

development, as determined by the department; and

(ii) A proportional share of earned state categorical grants, non-QBE state grants,

transportation grants, school nutrition grants, and all other state grants, except state

equalization grants, as determined by the department;

(B) The state-wide average amount of the total revenues less federal revenues less state

revenues other than equalization grants per full-time equivalent for all school systems;

provided, however, that, if the average amount of the total revenues less federal revenues

less state revenues other than equalization grants per full-time equivalent for the local

school systems that comprise the attendance zone of the state chartered special school

is less than the state-wide average amount of the total revenues less federal revenues less

state revenues other than equalization grants per full-time equivalent for all school

systems, the state chartered special school shall receive the greater of:

(i) The average amount of the total revenues less federal revenues less state revenues

other than equalization grants per full-time equivalent for the local school systems that

comprise the attendance zone of the state chartered special school; or

(ii) The average amount of the total revenues less federal revenues less state revenues

other than equalization grants per full-time equivalent for the lowest five school

systems ranked by assessed valuation per weighted full-time equivalent count, as

determined by the department; and

(C)(i) For brick-and-mortar state chartered special schools, the state-wide average

total capital revenue, excluding local revenue bonds, per full-time equivalent, as

determined by the department or the capital revenue per full-time equivalent for the

local school system where the brick-and-mortar state chartered special school is

located, whichever is greater; and

(ii) For state chartered special schools that offer virtual instruction, an amount equal

to 25 percent of the state-wide average total capital revenue per full-time equivalent

if such school provides computer hardware, software, associated technical equipment,

and ongoing maintenance required and necessary for its students to participate in such

virtual instruction.

(2) In the event that a state chartered special school offers virtual instruction, the amount

of funds received pursuant to subparagraph (B) of paragraph (1) of this subsection shall

be equal to two-thirds of such calculated amount; provided, however, that this two-thirds

amount may be increased by any amount up to the originally calculated amount in the

discretion of the department if relevant factors warrant such increase.

.

(3) For purposes of this subsection, the terms:

(A) 'Assessed valuation' is defined as 40 percent of the equalized adjusted property tax

digest reduced by the amount calculated pursuant to subsection (g) of Code

Section 20-2-164.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(B) 'Assessed valuation per weighted full-time equivalent count' is defined as the assessed valuation for the most recent year available divided by the weighted full-time equivalent count for the year of the digest. (4) The department may withhold up to 3 percent of the amount determined pursuant to paragraphs (1) and (2) of this subsection for each state chartered special school for use in administering the duties required pursuant to this article with respect to state chartered special schools; provided, however, that any amount withheld pursuant to this subsection shall be spent solely on expenses incurred by the department in performing the duties required by this article with respect to state chartered special schools. (5) No deduction shall be made to any state funding which a local school system is otherwise authorized to receive pursuant to this chapter as a direct result or consequence of the enrollment in a state chartered special school of a specific student or students who reside in the geographical area of the local school system. (6) Funding for state chartered special schools pursuant to this subsection shall be subject to appropriations by the General Assembly and such schools shall be treated consistently with all other public schools in this state, pursuant to the respective statutory funding formulas and grants. (7) The local board shall not be responsible for the fiscal management, accounting, or oversight of the state chartered special school. The state chartered special school shall report enrolled students in a manner consistent with Code Section 20-2-160. Any data required to be reported by the state chartered special school shall be submitted directly by the school to the appropriate state agency. Where feasible, the state board shall treat a state chartered special school no less favorably than other public schools within the state with respect to the provision of funds for transportation and building programs." "(i) For purposes of funding students enrolled in a local charter school in the first year of such school's operation, in the first year that an existing local charter school offers a new grade level, or in an upcoming year in which student growth in the existing local charter school is projected to exceed 2 percent if authorized by the charter, and prior to the initial student count, the state board shall calculate and the Department of Education shall distribute the funding for the local charter school on the basis of its projected enrollment according to an enrollment counting procedure or projection method stipulated in the terms of the charter. Such initial funding shall include the adjustments in each program for training and experience. No later than July 1 of each year, the state board shall notify the Department of Education and the Office of Planning and Budget of the funding estimates calculated pursuant to this subsection for any new local charter schools, any new grade levels offered by existing local charter schools, or any existing local charter schools with projected student growth exceeding 2 percent. After the initial student count during the first year of such local charter school's operation, newly offered grade level, or projected student growth exceeding 2 percent and in all years of operation thereafter, each local charter school's student enrollment shall be based on the actual enrollment in the current school year

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according to the most recent student count. Nothing in this Code section shall be construed to require the Department of Education to conduct more than two student counts per year."

SECTION 6A. Said title is further amended by adding a new Code section to read as follows:
"20-2-2075. (a) The State Board of Education is authorized to establish a grant program for the purpose of replicating high-performing charter schools, including local charter schools, state chartered special schools, and state charter schools. The grant program shall include funding, subject to appropriations by the General Assembly, for grants to charter applicants and existing charter schools to replicate high-performing charter schools or features or programs of high-performing charter schools that have been proven to be effective. (b) Grants shall be provided primarily for charter schools in rural areas, charter schools that primarily serve students with special needs, and charter schools that serve educationally disadvantaged students. (c) Grants shall be awarded based on criteria, terms, and conditions established by the State Board of Education, in consultation with the State Charter Schools Commission. The grant program criteria may take into account the likelihood of success in replicating a high-performing charter school or feature or program of a high-performing charter school, whether a particular model lends itself to replication, the reasonableness of the costs involved in replication, and such other criteria deemed appropriate. (d) The State Board of Education, in consultation with the State Charter Schools Commission, is authorized to develop rules and regulations to implement the grant program established pursuant to this Code section."

SECTION 7. Said title is further amended by adding a new Code section to read as follows:
"20-2-2075. (a)(1) The Department of Audits and Accounts shall develop an annual report on state chartered special schools that offer virtual instruction. The Department of Audits and Accounts may consult with the State Board of Education to develop and collect information for the report. (2) The annual report shall include at a minimum: school enrollment, including special education population and other subgroups; attendance rate and method of measurement; attrition rate; course segment completion rates; academic performance, including College and Career Ready Performance Index (CCRPI) scores, value-added analysis, Beating the Odds analysis, and student engagement and persistence; other academic performance as it relates to the goals of the school's charter; comparison of student academic growth and achievement prior to placement; governance and management; staffing and teacher qualification data; school finances, including actual income and expenditures for the prior fiscal year; operational performance, including analysis of academic performance as a

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ratio of per student expenditures; innovative practices and implementation; analysis of alternate academic options for enrolled students; and future plans. The annual report shall also include information on the implementation of professional development plans for persons in administrative, supervisory, or instructional leadership roles who do not hold a valid administrative license; a copy of all charter school agreements for corporate management services, including the company's parent corporation; and agreements for other administrative, financial, and staffing services. (3) The Department of Audits and Accounts shall submit the annual report on each state chartered special school that offers virtual instruction to the State Board of Education, the Governor, the Speaker of the House of Representatives, and the Lieutenant Governor by December 1 of each year. The annual report shall also be posted on the state chartered special school's official website. (b)(1) Every four years or the year before a charter for a state chartered special school that offers virtual instruction becomes eligible for renewal, whichever is earlier, the Department of Audits and Accounts shall compile the data included in the annual reports for such state chartered special school and identify any long-term trends regarding academic performance, financial data, and governance data. Such comprehensive report shall outline how the state chartered special school's actual performance compared to the goals outlined in its charter. (2) The Department of Audits and Accounts shall submit the comprehensive report of each such state chartered special school to the State Board of Education, the Governor, the Speaker of the House of Representatives, and the Lieutenant Governor by January 1 of the year in which the state chartered special school becomes eligible for renewal. The comprehensive report shall also be posted on the state chartered special school's official website."

SECTION 8. Said title is further amended by revising Code Section 20-2-2089, relating to funding for state charter schools, as follows:
"20-2-2089. (a)(1) The earnings for a student in a state charter school shall be equal to the earnings for any other student with similar student characteristics in a state charter school, regardless of the local school system in which the student resides or the school system in which the state charter school is located, and, except as otherwise provided in paragraph (2) of this subsection, the department shall pay to each state charter school through appropriation of state funds an amount equal to the sum of: (A)(i) QBE formula earnings and QBE grants earned by the state charter school based on the school's enrollment, school profile, and student characteristics. For purposes of this subparagraph, the term 'QBE formula earnings' means funds earned for the Quality Basic Education Formula pursuant to Code Section 20-2-161, including the portion of such funds that are calculated in accordance with Code Section 20-2-164.

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QBE formula earnings shall include the salary portion of direct instructional costs, the adjustment for training and experience, the nonsalary portion of direct instructional costs, and earnings for psychologists and school social workers, school administration, facility maintenance and operation, media centers, additional days of instruction in accordance with Code Section 20-2-184.1, and staff development, as determined by the department. (ii) A proportional share of earned state categorical grants, non-QBE state grants, transportation grants, school nutrition grants, and all other state grants, except state equalization grants, as determined by the department; (B) The state-wide average amount of the total revenues less federal revenues less state revenues other than equalization grants per full-time equivalent for all school systems; provided, however, that, if the average amount of the total revenues less federal revenues less state revenues other than equalization grants per full-time equivalent for the local school systems that comprise the attendance zone of the state charter school is less than the state-wide average amount of the total revenues less federal revenues less state revenues other than equalization grants per full-time equivalent for all school systems, the state charter school shall receive the greater of: (i) The average amount of the total revenues less federal revenues less state revenues other than equalization grants per full-time equivalent for the local school systems that comprise the attendance zone of the state charter school; or (ii) The average amount of the total revenues less federal revenues less state revenues other than equalization grants per full-time equivalent for the lowest five school systems ranked by assessed valuation per weighted full-time equivalent count, as determined by the department; and (C)(i) For brick-and-mortar state charter schools, the state-wide average total capital revenue, excluding local revenue bonds, per full-time equivalent, as determined by the department or the capital revenue per full-time equivalent for the local school system where the brick-and-mortar state charter school is located, whichever is greater; and (ii) For state charter schools that offer virtual instruction, an amount equal to 25 percent of the state-wide average total capital revenue per full-time equivalent if such school provides computer hardware, software, associated technical equipment, and ongoing maintenance required and necessary for its students to participate in such virtual instruction. (2) In the event that a state charter school offers virtual instruction, the amount of funds received pursuant to subparagraph (B) of paragraph (1) of this subsection shall be equal to two-thirds of such calculated amount; provided, however, that this two-thirds amount may be increased by any amount up to the originally calculated amount in the discretion of the commission if relevant factors warrant such increase. (3) For purposes of this subsection, the terms:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(A) 'Assessed valuation' is defined as 40 percent of the equalized adjusted property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164. (B) 'Assessed valuation per weighted full-time equivalent count' is defined as the assessed valuation for the most recent year available divided by the weighted full-time equivalent count for the year of the digest. (b) The department may withhold up to 3 percent of the amount determined pursuant to subsection (a) of this Code section for each state charter school for use in administering the duties required pursuant to Code Section 20-2-2083; provided, however, that any amount withheld pursuant to this subsection shall be spent solely on expenses incurred by the commission in performing the duties required by this article. (c) No deduction shall be made to any state funding which a local school system is otherwise authorized to receive pursuant to this chapter as a direct result or consequence of the enrollment in a state charter school of a specific student or students who reside in the geographical area of the local school system. (d) For purposes of funding students enrolled in a state charter school in the first year of such school's operation, in the first year that an existing state charter school offers a new grade level, or in an upcoming year in which student growth in the existing state charter school is projected to exceed 2 percent if authorized by the charter, and prior to the initial student count, the commission shall calculate and the department shall distribute the funding for the state charter school on the basis of its projected enrollment according to an enrollment counting procedure or projection method stipulated in the terms of the charter. Such initial funding shall include the adjustments in each program for training and experience. No later than July 1 of each year, the commission shall notify the department and the Office of Planning and Budget of the funding estimates calculated pursuant to this subsection for any new state charter schools, any new grade levels offered by existing state charter schools, or any existing state charter schools with projected student growth exceeding 2 percent. After the initial student count during the first year of such state charter school's operation, newly offered grade level, or projected student growth exceeding 2 percent and in all years of operation thereafter, each state charter school's student enrollment shall be based on the actual enrollment in the current school year according to the most recent student count. Nothing in this Code section shall be construed to require the department to conduct more than two student counts per year. (e) Funding for state charter schools pursuant to this Code section shall be subject to appropriations by the General Assembly and such schools shall be treated consistently with all other public schools in this state, pursuant to the respective statutory funding formulas and grants."

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SECTION 9. Said title is further amended by adding a new Code section to read as follows:
"20-2-2093. (a)(1) The Department of Audits and Accounts shall develop an annual report on state charter schools that offer virtual instruction. The Department of Audits and Accounts may consult with the commission to develop and collect information for the report. (2) The annual report shall include at a minimum: school enrollment, including special education population and other subgroups; attendance rate and method of measurement; attrition rate; course segment completion rates; academic performance, including College and Career Ready Performance Index (CCRPI) scores, value-added analysis, Beating the Odds analysis, and student engagement and persistence; other academic performance as it relates to the goals of the school's charter; comparison of student academic growth and achievement prior to placement; governance and management; staffing and teacher qualification data; school finances, including actual income and expenditures for the prior fiscal year; operational performance, including analysis of academic performance as a ratio of per student expenditures; innovative practices and implementation; analysis of alternate academic options for enrolled students; and future plans. The annual report shall also include information on the implementation of professional development plans for persons in administrative, supervisory, or instructional leadership roles who do not hold a valid administrative license; a copy of all charter school agreements for corporate management services, including the company's parent corporation; and agreements for other administrative, financial, and staffing services. (3) The Department of Audits and Accounts shall submit the annual report on each state charter school that offers virtual instruction to the commission, the State Board of Education, the Governor, the Speaker of the House of Representatives, and the Lieutenant Governor by December 1 of each year. The annual report shall also be posted on the state charter school's official website. (b)(1) Every four years or the year before a charter for a state charter school that offers virtual instruction becomes eligible for renewal, whichever is earlier, the Department of Audits and Accounts shall compile the data included in the annual reports for such state charter school and identify any long-term trends regarding academic performance, financial data, and governance data. Such comprehensive report shall outline how the state charter school's actual performance compared to the goals outlined in its charter. (2) The Department of Audits and Accounts shall submit the comprehensive report of each such state charter school to the commission, the State Board of Education, the Governor, the Speaker of the House of Representatives, and the Lieutenant Governor by January 1 of the year in which the state charter school becomes eligible for renewal. The comprehensive report shall also be posted on the state charter school's official website."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 10. Said title is further amended in Part 3 of Article 7 of Chapter 3, relating to the Georgia Student Finance Authority, by adding a new subpart to read as follows:

"Subpart 2A

20-3-360. As used in this subpart, the term:
(1) 'Eligible student' means a person: (A) Whose family income is considered economically disadvantaged, based on criteria established by the commission; and (B) Who meets any academic or other standards established by the commission.
(2) 'Qualified institution' means an institution of the university system.

20-3-361. Subject to appropriations, the commission shall establish a needs based financial aid program to provide grants to eligible students for postsecondary education at qualified institutions. The commission may provide for individualized eligibility criteria and grant amounts as determined to be the most appropriate for the particular qualified institution and its student population. The commission shall also establish criteria necessary to retain and continue to receive such grants.

20-3-362. Each eligible student wishing to receive a grant pursuant to this subpart shall submit a grant application in accordance with procedures prescribed by the commission. The commission is authorized to define such terms and prescribe such rules, regulations, and procedures as may be reasonable and necessary to carry out the purposes of this subpart. In the event a student on whose behalf a grant is paid does not enroll as a full-time student for the academic semester for which the grant is paid, the qualified institution shall make a refund to the commission in accordance with regulations of the commission.

20-3-363. Each qualified institution shall be subject to examination by the state auditor for the sole purpose of determining whether the institution has properly certified eligibility and enrollment of students and credited grants paid on behalf of such students; provided, however, that nothing in this subpart shall be construed to interfere with the authority of the institution to determine admissibility of students or to control its own curriculum, philosophy, purpose, or administration. In the event it is determined that a qualified institution knowingly or through error certified an ineligible student to be eligible for a grant under this subpart, the amount of the grant paid to such institution pursuant to such certification shall be refunded by such institution to the commission.

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20-3-364. Any person who knowingly makes or furnishes any false statement or misrepresentation, or who accepts such statement or misrepresentation knowing it to be false, for the purpose of enabling an ineligible student to wrongfully obtain a grant under this subpart shall be guilty of a misdemeanor."

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

Approved May 7, 2018.

__________

EDUCATION TRACY RAINEY ACT.

No. 426 (House Bill No. 739).

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 employment of certificated professional personnel in elementary and secondary education, so as to give a short title to a Code section relating to qualification for certain certificates for military spouses; 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 employment of certificated professional personnel in elementary and secondary education, is amended by revising Code Section 20-2-200.2, relating to qualification for certain certificates for military spouses, as follows:
"20-2-200.2. (a) This Code section shall be known and may be cited as the 'Tracy Rainey Act.' (b) As used in this Code section, the term:
(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.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(4) 'Service member' means an active or reserve member of the armed forces, including the National Guard. (c) 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 7, 2018.

__________

COURTS PROPERTY ABANDONED MOBILE HOMES; DISPOSAL OR FILING OF LIENS.

No. 428 (House Bill No. 381).

AN ACT

To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to enact provisions for the classification of abandoned mobile homes as derelict or intact for purposes of disposal or filing of liens; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for a procedure for requesting classification of an abandoned mobile home as intact or derelict; to provide for notice; to provide for a right to file a lien on abandoned mobile homes deemed to be intact; to provide for the opportunity for a hearing to confirm classification as a derelict abandoned mobile home; to provide for court authority to order the disposal of abandoned mobile homes found to be derelict; to provide for a process to foreclose a lien on an abandoned mobile home deemed to be intact; to provide for right to an appeal; to provide for the public sale of an intact abandoned mobile home; to provide for the disposition of proceeds from such public sale; to provide for a process to obtain certificate of title for mobile homes purchased at public sale; to amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to general jurisdiction of magistrate courts, so as to provide for jurisdiction of such courts relative to foreclosure of liens of abandoned mobile homes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, is amended by adding a new article to read as follows:

"ARTICLE 6

44-7-110. This article shall be known and may be cited as the 'Abandoned Mobile Home Act.'

44-7-111. The General Assembly finds that abandoned mobile homes are a nuisance that cause blight and depress property values. This article is intended to provide local governing authorities with the authority to appoint an agent to determine the condition of mobile homes in order for landowners to remove or restore abandoned mobile homes left on their property. It is the further purpose of this article to provide landowners with the guidance necessary to efficiently and properly identify and dispose of abandoned mobile homes in this state while protecting the rights of any owner, lienholder, or other interested parties by performing a due diligence search, notification, and hearing process.

44-7-112. As used in this article, the term:
(1) 'Abandoned mobile home' means a mobile home that has been left vacant by all tenants for at least 90 days without notice to the landowner and when there is evidence of one or more of the following:
(A) A tenant's failure to pay rent or fees for 90 days; (B) Removal of most or all personal belongings from such mobile home; (C) Cancellation of insurance for such mobile home; (D) Termination of utility services to such mobile home; or (E) A risk to public health, safety, welfare, or the environment due to such mobile home. (2) 'Derelict' means an abandoned mobile home which is in need of extensive repair and is uninhabitable and unsafe due to the presence of one or more of the following conditions: (A) Inadequate provisions for ventilation, light, air, or sanitation; or (B) Damage caused by fire, flood, hurricane, tornado, earthquake, storm, or other natural catastrophe. (3) 'Dispose' means to destroy, recycle, or repurpose for use not as living quarters. (4) 'Intact' means an abandoned mobile home which is in livable condition under applicable state law and the building and health codes of a local governing authority. (5) 'Landowner' means the owner of real property upon which a mobile home is located.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(6) 'Local government agent' means a person appointed by a local governing authority who is qualified to inspect an abandoned mobile home by demonstrating that he or she is qualified to determine if the abandoned mobile home is derelict or intact. (7) 'Manufactured home' shall have the same meaning as set forth in Code Section 8-2-160. (8) 'Mobile home' shall have the same meaning as set forth in Code Section 8-2-160 and shall include a manufactured home. (9) 'Responsible party' means any person with an ownership interest in an abandoned mobile home as evidenced by the last payor of record as identified by a search of deeds or instruments of title, and shall include any holder of a recorded lien or the holder of any type of secured interest in such abandoned mobile home or a local government with a claim for unpaid taxes.

44-7-113. (a) At the request of a landowner, a local government agent shall be authorized to assess the condition of such abandoned mobile home. Upon inspection, the local government agent shall classify such abandoned mobile home as either intact or derelict and provide documentation citing such determination to the requesting landowner within 20 days of such request. (b) If a local government agent determines an abandoned mobile home to be intact, a landowner shall have a right to file a lien on such abandoned mobile home in the superior court for the circuit where such abandoned mobile home is located and in the amount of any unpaid rent as of the date on which such lien is filed and accrued fees. Such lien may be foreclosed pursuant to the procedure set forth in Code Section 44-7-115. (c) If a local government agent determines an abandoned mobile home to be derelict, such agent shall post notice of such determination in a conspicuous location on such abandoned mobile home. Such notice shall include a date of issuance and shall be in substantially the following form:
'You are hereby notified that this mobile home (describe make, model, and color, if known) located at (address or description of location) has been deemed abandoned and derelict. You are entitled to a hearing in magistrate court to contest this determination. If you fail to request a hearing within 90 days from the date that appears on this notice or if it is confirmed by a court that this abandoned mobile home is derelict, the owner of the land upon which this mobile home sits shall be entitled to dispose of the mobile home.' (d)(1) Upon receipt of a determination that an abandoned mobile home is derelict by a local government agent, and on the same date the notice required by subsection (c) of this Code section is posted, a landowner shall send notice, which notice shall include a listing of all responsible parties and last known addresses, to all responsible parties by registered or certified mail or statutory overnight delivery. Such notice shall contain a description of the abandoned mobile home, including the make of the mobile home, the location of such mobile home, and the fact that such abandoned mobile home has been deemed

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derelict. Such notice shall include a statement that such responsible party is entitled to request a hearing in magistrate court within 90 days from the date that appears on such notice to contest the determination that such abandoned mobile home is derelict and that failure to request such hearing within 90 days of receipt of such notice shall entitle such landowner to dispose of the derelict mobile home. (2) If no responsible party can be ascertained, the landowner shall place an advertisement in a newspaper of general circulation in the county where such mobile home is located; if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a description of the mobile home, including the make of the mobile home, the location of such mobile home, and the fact that such mobile home has been deemed derelict. Such advertisement shall include a statement that such responsible party is entitled to request a hearing in magistrate court by a date certain and the advertisement shall state the specific end date to contest the determination that such abandoned mobile home is derelict and that failure to request such hearing by such date shall entitle such landowner to dispose of the derelict mobile home. (e) Neither the local governing authority nor the local government agent shall bear any liability with respect to any lawful actions taken to make a determination that a mobile home is abandoned or derelict.

44-7-114. (a) Within the 90 day period described in Code Section 44-7-113, a responsible party, or after the expiration of such 90 day period, a landowner shall petition a magistrate court to hold a hearing to confirm or deny the decision of a local government agent that an abandoned mobile home is derelict. If a petition is filed pursuant to this Code section, a hearing on such issue shall be held within ten days of the filing of such petition. (b) The court shall hear evidence of the condition of the abandoned mobile home, which may include introduction of a copy of the determination from the local government agent, and whether the notice provisions set forth have been met. (c) If, after a full hearing, the court determines the abandoned mobile home to be derelict, the court shall issue an order finding such mobile home to be derelict and authorizing the landowner to dispose of such derelict mobile home. A landowner issued such order shall dispose of such derelict mobile home within 180 days of the date of such order. Within 30 days of disposal of a derelict mobile home, the landowner shall notify the Department of Revenue and local tag agent of such disposal and such department shall cancel the certificate of title for such derelict mobile home, if such certificate exists.

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44-7-115. Notwithstanding any conflicting provisions in Code Section 44-14-349, all liens acquired upon an abandoned mobile home or intact mobile home under Code Section 44-7-113 shall be foreclosed as follows:
(1) Any proceeding to foreclose a lien on an abandoned mobile home determined to be intact by a local government agent shall be instituted in the magistrate court of the county where such mobile home is located within one year from the time the lien is recorded; (2) The person desiring to foreclose a lien on an abandoned mobile home determined to be intact by a local government agent shall, by certified or registered mail or statutory overnight delivery, make a demand upon the responsible party in the amount of the lien and for the payment of rent and fees accrued after the filing of the lien; provided that the amount of such rent shall not exceed $3.00 per day. If the responsible party cannot be located, notice shall be published in a newspaper of general circulation for two consecutive weeks;
(3)(A) If, within 30 days of delivery to the appropriate address of the written demand required by paragraph (2) of this Code section or within 30 days after the last publication in a newspaper, the responsible party fails to respond to such demand or refuses to pay, or if the responsible party cannot be ascertained, the landowner may move to foreclose such lien. The person asserting such lien may move to foreclose by making an affidavit to a magistrate court showing all facts necessary to constitute such lien and the amount claimed to be due. Such affidavit shall aver that the notice requirements of Code Section 44-7-113 have been complied with, and such affidavit shall also aver that a demand for payment has been made and refused or that the identity of the responsible party cannot be ascertained. The landowner shall verify the statement by oath or affirmation with a signature affixed thereto. (B) In addition to the filing fees required by Code Section 15-10-80, the fee for filing such affidavit shall be $5.00 per abandoned mobile home upon which a lien is asserted; (4)(A) Upon the filing of such affidavit, the person asserting such lien shall give the clerk or judge of the court the address, if known, of all responsible parties and the clerk or judge of the court shall serve notice informing such responsible parties of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists; that such hearing shall be petitioned for within 30 days of receipt of such notice; and that, if no petition for such hearing is filed within the time allowed, the lien shall conclusively be deemed a valid one, foreclosure thereof allowed, and a public sale pursuant to Code Section 44-7-116 shall be authorized. (B) Any notice required by this paragraph shall be by certified mail or statutory overnight delivery or, if the responsible party is unknown, by posting such notice at the county courthouse in such place where other public notices are posted; (5) If a petition for a hearing is filed within the time allowed pursuant to paragraph (4) of this Code section, the magistrate court shall set such a hearing within ten days of filing of the petition. Upon the filing of such petition by a party defendant, neither the prosecuting

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lienholder nor the court may sell the mobile home. If, at the hearing, the magistrate court determines there is reasonable cause to believe that a valid debt exists, then the person asserting the lien shall retain possession of the mobile home or the court shall obtain possession of the mobile home, as ordered by the court; (6) If no petition for a hearing is filed, or if, after a full hearing, the magistrate court determines that a valid debt exists, the court shall authorize foreclosure upon and sale of the mobile home subject to the lien to satisfy the debt if such debt is not otherwise immediately paid. The holder of a security interest in or a lien on the mobile home, other than the holder of a lien created by Code Section 44-7-113, shall have the right, in the order of priority of such security interest or lien, to pay the debt and court costs no later than 15 days after a magistrate court's order to authorize the foreclosure. If the holder of a security interest or lien does so pay the debt and court costs, such person shall have the right to possession of the mobile home, and that person's security interest in or lien on such mobile home shall be increased by the amount so paid. A magistrate court order shall be issued to this effect, and in this instance there shall not be a sale of the mobile home. If the debt owed is not timely paid by the holder of a security interest or an appeal of the magistrate court decision has not been timely filed pursuant to paragraph (8) of this Code section, the court shall issue an order authorizing the sale of such mobile home; (7) If the magistrate court finds the actions of the person asserting the lien in retaining possession of the mobile home were not taken in good faith, then the court, in its discretion, may award damages to the mobile home owner and to any party which has been deprived of the rightful use of the mobile home; and (8) Any order issued by the magistrate court shall be appealable pursuant to Article 2 of Chapter 3 of Title 5, provided that any such appeal shall be filed within seven days of the date such order was entered and provided, further, that, after the notice of appeal is filed with the clerk of the trial court, the clerk shall immediately notify the magistrate court of the notice of appeal. If the order of the magistrate court is against the responsible party and the responsible party appeals such order, the responsible party shall be required to pay into the registry of the court all sums found by the magistrate court to be due in order to remain in possession of the mobile home. The responsible party shall also be required to pay all future rent into the registry of the court as it becomes due in such amounts specified in paragraph (2) of this Code section until the issue has been finally determined on appeal.

44-7-116. (a)(1) As used in this subsection, the term 'public sale' means a sale: (A) Held at a place reasonably available to persons who might desire to attend and submit bids; (B) At which those attending shall be given the opportunity to bid on a competitive basis; (C) At which the sale, if made, shall be made to the highest and best bidder; and

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(D) Except as otherwise provided in Title 11 for advertising or dispensing with the advertising of public sales, of which notice is given by advertisement once a week for two weeks in the newspaper in which the sheriff's advertisements are published in the county where the sale is to be held, and which notice shall state the day and hour, between 10:00 A.M. and 4:00 P.M., and the place of sale and shall briefly identify the goods to be sold. (2) Upon order of the magistrate court, the person holding the lien on the abandoned mobile home shall be authorized to sell such mobile home at public sale. (b) After satisfaction of the lien, the person selling such mobile home shall, not later than 30 days after the date of such sale, provide the clerk of the court with a copy of the bill of sale as provided to the purchaser and remit the remaining proceeds of such sale, if any, to the clerk of the court. Any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor.

44-7-117. The clerk of the magistrate court shall retain the remaining balance of the proceeds of a sale under Code Section 44-7-116, after satisfaction of liens, security interests, and debts, for a period of 12 months; and, if no claim has been filed against such proceeds by the owner of the abandoned mobile home or any interested party, then the clerk shall pay such remaining balance into the general fund of the municipality or county that employs the local government agent that made the determination that such mobile home was intact pursuant to Code Section 44-7-113.

44-7-118. The purchaser at a sale as authorized by this article shall receive a certified copy of the court order authorizing such sale. Any such purchaser may obtain a certificate of title to such mobile home by filing the required application, paying the required fees, and filing a certified copy of the order of the court with the Department of Revenue. The Department of Revenue shall then issue a certificate of title, which shall be free and clear of all liens and encumbrances.

44-7-119. Nothing in this article shall be construed to require a local governing authority to appoint a local government agent."

SECTION 2. Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to general jurisdiction of magistrate courts, is amended by revising paragraphs (14) and (15) and adding a new paragraph to read as follows:
"(14) The trial and sentencing of misdemeanor violations of other Code sections as provided by Article 13 of this chapter;

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(15) The foreclosure of liens on animals as established in Title 4; and (16) The foreclosure of liens on abandoned mobile homes as established in Article 6 of Chapter 7 of Title 44."

SECTION 3. This Act shall become effective on May 1, 2019.

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

Approved May 7, 2018.

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EDUCATION CONTINUED ENROLLMENT OF STUDENT UNDER CERTAIN CIRCUMSTANCES.

No. 431 (House Bill No. 852).

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 for a student's continued enrollment in a public school under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 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:
"20-2-296. A local board of education may allow a student who has been enrolled in and attended a public school for more than half of the school year and who moves during the school year to another attendance zone within the local school system to continue to be enrolled in and attend such initial public school through the completion of the school year; provided, however, that this shall not apply if such student has chronic disciplinary or attendance

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problems. The parent shall assume the responsibility for and cost of transportation of the student to and from the school."

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

Approved May 7, 2018.

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REVENUE AND TAXATION SALES AND USE TAXES; EXEMPTION FOR CERTAIN MANUFACTURED HOMES.

No. 432 (House Bill No. 871).

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 create an exemption from state sales and use tax for 50 percent of the sales price of manufactured homes to be converted into real property in this state; to require proof of a qualifying purchase to be completed by the seller; to provide for recapture of and a penalty for unproven exemptions; to provide for recapture of exempted amounts if the manufactured home is converted to tangible personal property; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended in Code Section 48-8-3, relating to exemptions from state sales and use taxes, by deleting "or" at the end of subparagraph (E) of paragraph (99), by replacing the period with "; or" at the end of subparagraph (C) of paragraph (100), and by adding a new paragraph to read as follows:
"(101)(A) Fifty percent of the sales price of a manufactured home if such manufactured home is installed pursuant to Code Section 8-2-160 and will be converted to real property pursuant to Code Section 8-2-183.1 within 30 days of the retail sale. (B) As used in this paragraph, the term 'manufactured home' means a structure built on a permanent chassis that:
(i) Is designed to be used as a dwelling; (ii) Is transportable in one or more sections;

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(iii) Contains plumbing, heating, air-conditioning, and electrical systems; and (iv) Is designed to have an angled roof and contain an area of at least 650 square feet. (C) Within 30 days of a sale exempted as provided for in subparagraph (A) of this paragraph, the seller shall complete the requirements of Code Section 8-2-183.1 and properly file a copy of the Certificate of Permanent Location with the clerk of superior court, or the commissioner shall recover from the seller 1.5 times the amount of tax exempted by this paragraph. (D) A manufactured home that is exempted as provided in subparagraph (A) of this paragraph shall not be eligible for a Certificate of Removal from Permanent Location provided in Part 4 of Article 2 of Chapter 2 of Title 8, or any other manner of a return to tangible personal property unless the amount exempted pursuant to subparagraph (A) of this paragraph is paid to the commissioner. (E) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any sales and use tax levied or 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: (i) Constitutional amendment; (ii) 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 (iii) Article 2, 2A, 3, 4, 5, or 5A of this chapter."

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

Approved May 7, 2018.

__________

INSURANCE CANCELLATION OF INSURANCE POLICIES BY INSUREDS.

No. 433 (House Bill No. 878).

AN ACT

To amend Code Section 33-24-44.1 of the Official Code of Georgia Annotated, relating to procedure for cancellation by an insured and notice, so as to change certain provisions regarding cancellation of an insurance policy by an insured; 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 33-24-44.1 of the Official Code of Georgia Annotated, relating to procedure for cancellation by an insured and notice, is amended by revising subsection (a) as follows: "(a) An insured may request cancellation of an existing insurance policy by returning the original policy to the insurer or by making a request for cancellation of an insurance policy to the insurer or its duly authorized agent orally, electronically, or in writing stating a future date on which the policy is to be canceled. In the event of oral cancellation the insurer, shall, within 10 days provide such insured, electronically or in writing, confirmation of such requested cancellation. The insurer or its duly authorized agent may require that the insured provide written, electronic, or other recorded verification of the request for cancellation prior to such cancellation taking effect. Such cancellation shall be accomplished in the following manner:
(1) If only the interest of the insured is affected, the policy shall be canceled on the later of the date the returned policy or request is received by the insurer or its duly authorized agent or the date specified in the request; provided, however, that upon receipt of a request for cancellation from an insured, an insurer may waive the future date requirement by confirming the date and time of cancellation to the insured and the insurer shall document in its policy file the request for cancellation along with the date of the requested cancellation; (2) If by statute, regulation, or contract the insurance policy may not be canceled unless notice is given to a governmental agency, mortgagee, or other third party, the insurer shall mail or deliver such notice stating the date cancellation shall become effective, but such date shall not be less than ten days from the date of mailing or delivery of the notice."

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

Approved May 7, 2018.

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MOTOR VEHICLES AND TRAFFIC REGISTRATION AND LICENSING OF FLEET VEHICLES.

No. 434 (House Bill No. 898).

AN ACT

To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to revise provisions relative to fleet vehicles and fleet vehicle registration plans; to provide for definitions; to provide for fleet enrollment procedures; to provide for procedures for registering and licensing vehicles enrolled in a fleet; to provide for license plates; to remove revalidation decal requirements for vehicles in a fleet vehicle registration plan; to provide for the transfer of license plates between vehicles registered under a fleet vehicle registration plan; to provide for termination of participation in a fleet vehicle registration plan program; to revise provisions relating to a special license plate for the personal vehicles of firefighters; 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 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by revising Article 2A, relating to fleet vehicles, as follows:

"ARTICLE 2A

40-2-50. As used in this article, the term:
(1) 'Fleet' means 100 or more motor vehicles. (2) 'Fleet registration plan' means the method of registering the motor vehicles of a fleet as provided in this article.

40-2-51. (a) A corporation or firm which has an established place of business in this state or which is controlled by a parent corporation which has an established place of business in this state and which owns or operates under a lease agreement a fleet which is not required to be registered under the International Registration Plan in accordance with Article 3A of this chapter may enroll in the fleet registration plan and register and obtain licenses to operate the motor vehicles in such fleet as provided in this article.

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(b)(1) Applications for enrollment of a fleet under the fleet registration plan may be submitted to the department in the form and manner prescribed by the commissioner. (2) An applicant for enrollment of a fleet under the fleet registration plan shall pay a fleet enrollment fee of $50.00 for initial enrollment of the fleet. (3) If the department determines that the applicant is eligible for fleet registration and proper application has been made, the department shall enroll the fleet, indicate the amount of license fees due for the fleet, and assign a unique registration account number to the applicant.

40-2-52. (a) Within 30 days of receipt of a validated fleet enrollment form, the owner or operator of the enrolled fleet shall register and obtain licenses to operate the motor vehicles by submitting properly completed certificates of title for each vehicle in a fleet and any supporting documents required by the commissioner. The owner or operator of the enrolled fleet which acquires a vehicle after approval of fleet enrollment shall submit the properly completed certificates of title and required supporting documentation for any additional vehicles within 30 days from the date of acquisition of such vehicle. (b) All certificates of title by the owner or operator of an enrolled fleet required under this article shall be submitted to the department electronically and in a manner prescribed by the commissioner. (c) Any applicable state and local title and ad valorem taxes required pursuant to Code Section 48-5C-1 shall be paid for any new motor vehicle to be included in an enrolled fleet. (d) The provisions of Article 2 of this chapter for registering and licensing motor vehicles generally which are not inconsistent with the provisions of this article shall apply to the registration and licensing of each vehicle of an enrolled fleet.

40-2-53. (a) Upon electronic submission of all applicable requirements of this article, the department shall send notification of such to the county tag agent. Upon receipt of such notification from the department, the county tag agent shall issue to the applicant a fleet motor vehicle license plate for each vehicle of the fleet to be registered and licensed in such county. (b) Fleet motor vehicle license plates shall be similar in design to regular license plates issued under Code Section 40-2-31, except that such fleet motor vehicle license plates shall contain such words or symbols, in addition to the numbers and letters otherwise prescribed by law, so as to distinctively identify the motor vehicles on which they are placed as fleet motor vehicles. Such motor vehicle license plates shall contain the word 'FLEET' in the location of and in lieu of the revalidation decal required under Code Section 40-2-8 so as to distinctly identify the motor vehicle as part of an enrolled fleet. (c) License plates issued under this Code section shall be renewed annually upon payment of a renewal fee to the department. Such fee shall be the same amount that would be charged for a revalidation decal for such vehicle.

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(d) License plates issued under this Code section may be transferred between vehicles of the same class upon electronic submission to the department of the information required under Code Section 40-2-51 for any vehicle added to an enrolled fleet and the payment of the required registration fees for such additional vehicle.

40-2-54. (a) The department or its designated agent may perform an audit of any fleet registrant to ensure compliance with the requirements of this article which may include, without limitation, examination of records of all vehicles in a fleet, additions to or deletions from a fleet since the most recent such audit, and proof of proper payment of or exemption from ad valorem taxes on fleet vehicles. (b) The department is authorized to promulgate such rules and regulations as the department shall find necessary to implement the provisions of this article.

40-2-55. An enrollment of a fleet in the fleet registration plan shall be terminated by the department in the event:
(1) The department determines on the basis of an audit that fees for registration and licensing are not paid as required for 5 percent or more of the total vehicles in the fleet which are registered in this state; (2) Of the conviction of the fleet registrant for any unlawful use of any license plate issued for a fleet vehicle; (3) Of the failure of the fleet registrant to pay title and ad valorem taxes as required for any fleet vehicle; or (4) Of the failure of the fleet registrant to pay enrollment fees as required."

SECTION 2. Said chapter is further amended by revising paragraph (9) of subsection (l) of Code Section 40-2-86.1, relating to special license plates promoting certain beneficial projects and supporting certain worthy agencies, funds, or nonprofit corporations and special license plates for qualified motor vehicles or drivers, as follows:
"(9)(A) A special license plate for owners of a private passenger car or truck used for personal transportation, who are firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 and who are members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and motor vehicle owners who are firefighters of legally organized volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25. Such license plate shall be inscribed with such letters, numbers, words, symbols, or a combination thereof as determined by the commissioner to identify the owner as a firefighter. The chiefs of the various fire departments shall furnish to the commissioner a list of the certified firefighters and volunteer firefighters of their fire

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departments who reside in Georgia which list shall be updated as necessary. The funds raised by the sale of this license plate shall be deposited in the general fund. (B) Should a certified firefighter or volunteer firefighter who has been issued a special and distinctive license plate be separated from such firefighter's department for any reason other than retirement from employment, the separated firefighter shall, within 14 days of such separation, return such special and distinctive license plate to the local tag office which issued such license plate. Upon receipt of such special and distinctive license plate, a local tag agent shall reissue a regular license plate and the appropriate revalidation decal for the applicable registration period, at no additional charge, to such former firefighter to replace the special and distinctive license plate. Should a firefighter return to service with the same or another fire department, the chief of such fire department shall secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has become a member of the fire department, and the effective date thereof, whereupon the commissioner shall, upon application and upon the payment of a $35.00 manufacturing fee and all other applicable registration and licensing fees at the time of registration, reissue a special and distinctive license plate to such new member to replace the returned regular license plate. (C) Motor vehicle owners who were firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 or were members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and who retired from employment as such shall continue to be eligible for the firefighter license plates issued under this paragraph the same as if they continued to be certified and employed as firefighters. Whenever such a certified firefighter who has been issued a special and distinctive license plate is retired from employment with such firefighter's department, the chief of such fire department shall forward to the commissioner a certificate to the effect that such person has been retired. (D) The spouse of a deceased firefighter shall continue to be eligible to be issued a distinctive special firefighter's license plate as provided in this paragraph so long as such person does not remarry."

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

Approved May 7, 2018.

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LAW ENFORCEMENT OFFICERS AND AGENCIES MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS REVISE DUTIES OF DIRECTOR OF GEORGIA EMERGENCY MANAGEMENT AND HOMELAND SECURITY AGENCY, DIRECTOR OF GEORGIA BUREAU OF INVESTIGATION, AND GEORGIA INFORMATION SHARING AND ANALYSIS CENTER; ESTABLISH BOARD OF HOMELAND SECURITY.

No. 435 (House Bill No. 779).

AN ACT

To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to revise the duties of the director of the Georgia Emergency Management and Homeland Security Agency; to provide for definitions; to create the Board of Homeland Security; to provide for membership for such board; to provide for duties and responsibilities of such board; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to revise the duties of the director of the Georgia Bureau of Investigation pertaining to the Georgia Information Sharing and Analysis Center; to revise the duties of the Georgia Information Sharing and Analysis Center; 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 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by revising Code Section 38-3-3, relating to definitions, as follows:
"38-3-3. As used in Articles 1 through 3 of this chapter, the term:
(1) 'Bioterrorism' means the intentional creation or use of any microorganism, virus, infectious substance, or any component thereof, whether naturally occurring or bioengineered, to cause death, illness, disease, or other biological malfunction in a human, animal, plant, or other living organism in order improperly or illegally to influence the conduct of government, to interfere with or disrupt commerce, or to intimidate or coerce a civilian population. (2) 'Emergency management' means the preparation for the carrying out of all emergency functions other than functions for which military forces are primarily responsible to prevent, minimize, and repair injury and damage resulting from emergencies, energy

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emergencies, disasters, or the imminent threat thereof, of manmade or natural origin caused by enemy attack, sabotage, acts of domestic or international terrorism, civil disturbance, fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought, infestation, explosion, riot or other hostile action, radiological action, or other causes. These functions include, without limitation, fire-fighting services; police services; emergency medical services; rescue; engineering; warning services; communications; defense from radiological, chemical, biological, and other special weapons to include weapons of mass destruction; evacuation of persons from stricken areas; emergency welfare services; consequence management functions to include victim services; emergency transportation; plant protection; temporary restoration of public utility services; and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions. (2.1) 'Emergency Operations Command' means the unified command group comprising the director of emergency management and homeland security, the director of the Georgia Bureau of Investigation, the commissioner of public safety, the commissioner of natural resources, the commissioner of transportation, and the adjutant general. (3) 'Energy emergency' means a condition of danger to the health, safety, welfare, or economic well-being of the citizens of this state arising out of a present or threatened shortage of usable energy resources; also any condition of substantial danger to the health, safety, or welfare of the citizens of this state resulting from the operation of any electrical power-generating facility, the transport of any energy resource by any means whatsoever, or the production, use, or disposal of any source material, special nuclear material, or by-product, as defined by the Atomic Energy Act of 1954, 68 Stat. 919, 42 U.S.C. Section 2011, et seq.; also any nuclear incident, as defined by the Atomic Energy Act of 1954, occurring within or outside this state, substantially affecting the health, safety, or welfare of the citizens of this state. (4) 'Energy resources' means all forms of energy or power including, without limitation, oil, gasoline, and other petroleum products; natural or synthetic gas; electricity in all forms and from all sources; and other fuels of any description, except wood. (4.1) 'Homeland security activity' shall have the same meaning as provided for in Code Section 35-3-200. (4.2) 'Pandemic influenza emergency' means the declaration by the World Health Organization of at least a Phase 5 Pandemic Alert for influenza occurring in the United States or the State of Georgia or the declaration by the Centers for Disease Control and Prevention of at least a Category 2 Pandemic Severity Index for influenza occurring in the United States or the State of Georgia. (5) 'Political subdivision' means:
(A) Cities having a population of over 1,000;

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(B) Cities having a population of less than 1,000 in which the Governor has established a local organization; and (C) Counties. (6) 'Public health emergency' means the occurrence or imminent threat of an illness or health condition that is reasonably believed to be caused by bioterrorism or the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin and poses a high probability of any of the following harms: (A) A large number of deaths in the affected population; (B) A large number of serious or long-term disabilities in the affected population; or (C) Widespread exposure to an infectious or toxic agent that poses a significant risk of substantial future harm to a large number of people in the affected population. (7) 'State of emergency' means the condition declared by the Governor when, in his or her judgment, the threat or actual occurrence of a disaster, emergency, or energy emergency in any part of the state is of sufficient severity and magnitude to warrant extraordinary assistance by the state to supplement the efforts and available resources of the several localities and relief organizations in preventing or alleviating the damage, loss, hardship, or suffering threatened or caused thereby."

SECTION 1-2. Said chapter is further amended by revising Code Section 38-3-20, relating to Georgia Emergency Management and Homeland Security Agency created, director, staff, offices, director's duties, and disaster coordinator, as follows:
"38-3-20. (a) There is established the Georgia Emergency Management and Homeland Security Agency with a director of emergency management and homeland security who shall be the head thereof. The Georgia Emergency Management and Homeland Security Agency shall be assigned to the Office of Planning and Budget for administrative purposes only as provided in Code Section 50-4-3. (b) The Governor shall appoint the director of emergency management and homeland security. He or she shall hold office at the pleasure of the Governor, who shall fix his or her compensation. The director of emergency management and homeland security shall hold no other state office. (c) The director may employ such professional, technical, clerical, stenographic, and other personnel, may fix their compensation, and may make such expenditures within the appropriation therefor, or from other funds made available for purposes of emergency management and homeland security, as may be necessary to carry out the purposes of Article 9 of Chapter 3 of Title 35; Article 1, this article, and Article 3 of this chapter; and the duties of the agency and the director described in Part 4 of Article 2 of Chapter 5 of Title 46, the 'Georgia Emergency Telephone Number 9-1-1 Service Act of 1977,' as amended.

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(d) The director and other personnel of the Georgia Emergency Management and Homeland Security Agency shall be provided with appropriate office space, furniture, equipment, supplies, stationery, and printing in the same manner as provided for personnel of other state agencies. (e) The director, subject to the direction and control of the Governor, shall:
(1) Be the executive head of the Georgia Emergency Management and Homeland Security Agency and shall be responsible to the Governor for carrying out the program for emergency management and homeland security in this state; (2) Serve as the central authority reporting to the Governor on all matters relating to homeland security; (3) Have authority over areas involving imminent or current terrorist activity within this state, including, but not limited to, leading and directing the actions of the Homeland Security Task Force and the Emergency Operations Command where such Emergency Operations Command shall not usurp the operational authority of participating agencies but shall be responsible only for coordinating the public safety response to natural disasters, homeland security activities, and other emergencies within the state; (4) Coordinate the activities of all organizations for emergency management and homeland security within the state; (5) Maintain liaison with and cooperate with emergency management agencies and organizations of other states and of the federal government; (6) Through risk and threat assessments, coordinate plans for timely and complete responses through a network of state, local, and federal organizations, including, but not limited to, the coordination of efficient and timely flow of information; (7) Be responsible for crisis and consequence management planning, including, but not limited to, measures to identify, acquire, and plan the use of resources needed to anticipate, prevent, or resolve a threat or act of terrorism; (8) Coordinate and review activities involving homeland security within any agency, authority, or entity of this state, including, but not limited to, homeland security activities found within the Department of Public Safety, the Georgia Bureau of Investigation, the Georgia National Guard, the Department of Natural Resources, the Department of Community Health, and the Department of Public Health; (9) Evaluate information developed by the criminal justice community in regard to threats or potential threats of terrorism; (10) Serve as this state's security manager for the purpose of identifying and processing state personnel for security clearances through the United States Department of Homeland Security; and (11) Have such additional authority, duties, and responsibilities authorized by Article 1, this article, and Article 3 of this chapter as may be prescribed by the Governor and such additional authority, duties, and responsibilities as described in Article 9 of Chapter 3 of Title 35 and Part 4 of Article 2 of Chapter 5 of Title 46, the 'Georgia Emergency Telephone Number 9-1-1 Service Act of 1977,' as amended.

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

SECTION 1-3. Said chapter is further amended by repealing Code Section 38-3-22.2, relating to establishment of the Airport Antiterrorism Training Committee and annual training, in its entirety.

SECTION 1-4. Said chapter is further amended by adding a new article to read as follows:

"ARTICLE 2A

38-3-40. As used in this article, the term:
(1) 'Board' means the Board of Homeland Security. (2) 'Center' means the Georgia Information Sharing and Analysis Center. (3) 'Critical infrastructure' shall have the same meaning as set forth in Code Section 16-11-220. (4) 'Domestic terrorism' shall have the same meaning as set forth in Code Section 16-11-220. (5) 'Public transportation system' shall have the same meaning as set forth in Code Section 16-11-220. (6) 'Serious bodily harm' shall have the same meaning as set forth in Code Section 16-11-220. (7) 'State or government facility' shall have the same meaning as set forth in Code Section 16-11-220.

38-3-41. (a) There is created a Board of Homeland Security that shall, for administrative purposes only, be attached to the Georgia Emergency Management and Homeland Security Agency. (b) The board shall consist of 16 members who shall be as follows:
(1) The Governor, ex officio, who shall be chairperson of the board; (2) The director of emergency management and homeland security; (3) The director of the Georgia Bureau of Investigation; (4) The commissioner of public safety; (5) The Attorney General or his or her designee who shall be the deputy attorney general or an assistant attorney general; (6) The adjutant general; (7) The commissioner of natural resources; (8) The commissioner of public health;

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(9) The State School Superintendent; (10) The commissioner of transportation; (11) The Commissioner of Agriculture; (12) The executive director of the Georgia Technology Authority; and (13) Five appointees of the Governor who shall be individuals from the public or private sector who are directly involved in policy, program, security, or funding activities relevant to homeland security or infrastructure protection; provided, however, that one such appointment shall be a sheriff, one such appointment shall be a member of the Senate, one such appointment shall be a member of the House of Representatives, and one such appointment shall be a chief executive of a law enforcement agency of a county or a municipality. Such appointees under this paragraph shall serve at the pleasure of the Governor. (c)(1) Any legislative members of the board who may be appointed pursuant to paragraph (13) of subsection (b) of this Code section shall receive the allowances provided for in Code Section 28-1-8. (2) Members of the board who are state or local government officials, other than legislative members, or state or local government employees shall receive no compensation for their services on the board, but they may be reimbursed for expenses incurred by them in the performance of their duties as members of the board in the same manner as they are reimbursed for expenses in their capacities as state or local government officials or state or local government employees. (3) Members of the board who are not legislators, state or local government officials, or state or local government employees shall receive a daily expense allowance in an amount the same as that specified in subsection (b) of Code Section 45-7-21, as well as the mileage or transportation allowance authorized for state employees. (4) Funds for the reimbursement of the expenses of state or local government officials, other than legislative members, and state or local government employees shall come from funds appropriated to or otherwise available to their respective governments, departments, authorities, or agencies.

38-3-42. (a) The board shall advise the Governor on:
(1) The implementation of the homeland security strategy by state and local agencies and provide specific guidance and counsel for helping those agencies implement the strategy; and (2) All matters related to the planning, development, coordination, and implementation of initiatives to promote the homeland security strategy of the state. (b) The board shall develop a state-wide homeland security strategy that improves the state's ability to: (1) Protect against, respond to, and recover from domestic terrorism and other homeland security threats and hazards; and

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(2) Mitigate loss of life and property by lessening the impact of future homeland security threats and hazards. (c) The board's homeland security strategy shall coordinate homeland security activities among and between local, state, and federal agencies and the private sector and shall include specific plans for: (1) Intelligence gathering, analysis, and sharing; (2) Reducing the state's vulnerability to domestic terrorism and other homeland security threats and hazards; (3) Protecting critical infrastructure, public transportation systems, and state or government facilities; (4) Protecting the state's ports and airports; (5) Detecting, deterring, and defending against domestic terrorism and cyber, biological, chemical, and nuclear terrorism; (6) Positioning equipment, technology, and personnel to improve the state's ability to respond to a homeland security threats and hazards; (7) Providing the center certain forms of authority to aid the Georgia Emergency Management and Homeland Security Agency in implementing the homeland security strategy of this state; and (8) Using technological resources to:
(A) Facilitate the interoperability of governmental technology resources, including data, networks, and applications; (B) Coordinate the warning and alert systems of state and local agencies; (C) Incorporate multidisciplinary approaches to homeland security; and (D) Improve the security of governmental and private sector information technology and information resources. (d) The homeland security strategy shall complement and operate in coordination with federal strategic guidance on homeland security. (e) The board shall adopt rules and regulations which shall be adopted, established, promulgated, amended, repealed, filed, and published in accordance with the applicable provisions and procedures 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. As used in this subsection, 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."

PART II SECTION 2-1.

Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by revising Article 9 of Chapter 3, relating to the Georgia Information Sharing and Analysis Center, as follows:

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"ARTICLE 9

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

35-3-201. There is established the Georgia Information Sharing and Analysis Center as a distinct division within the Georgia Bureau of Investigation. The center shall be a fusion center maintaining criminal intelligence and terrorism analytical components. The officer or agent charged with operating the center shall report directly to the director.

35-3-202. Reserved.

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

35-3-204. (a) Membership in the center shall consist of the director, the director of emergency management and homeland security, the commissioner of public safety, the commissioner of natural resources, the commissioner of corrections, the state fire marshal, the Attorney General, the adjutant general, and state and local fire service, law enforcement, homeland security, emergency management, corrections, and other appropriate agencies and

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disciplines as determined by the director. Such members may assign or make available their analysts or other personnel to the center as such need is determined by the director. (b) The director of emergency management and homeland security may maintain Georgia Emergency Management and Homeland Security Agency analysts in the center as determined by the director of emergency management and homeland security. Such analysts assigned to the center who are funded by or employees of the Georgia Emergency Management and Homeland Security Agency shall focus on homeland security activity."

PART III SECTION 3-1.

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

Approved May 7, 2018.

__________

LAW ENFORCEMENT OFFICERS AND AGENCIES MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS PUBLIC UTILITIES AND PUBLIC TRANSPORTATION REVENUE AND TAXATION GEORGIA EMERGENCY COMMUNICATIONS AUTHORITY; ESTABLISH.

No. 436 (House Bill No. 751).

AN ACT

To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to establish the Georgia Emergency Communications Authority; to provide for definitions; to provide for a short title; to provide for members, powers, duties, and responsibilities of the authority; to provide for a board of directors and executive director of the authority; to provide for legal services for the authority; to provide for remittance of certain 9-1-1 charges to the authority; to provide for payment by service suppliers to the authority; to provide for administrative costs; to provide for audits; to provide for the assessment of penalties and interest by the authority for noncompliance; to provide for the nondisclosure of certain information submitted to the authority or Department of Revenue; to provide for the use of funds; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to revise the Georgia Emergency Telephone Number 9-1-1 Service Act of 1977 to account for the establishment of the authority; to revise definitions; to transfer certain duties from the Georgia Emergency Management and Homeland Security Agency to the authority; to abolish the 9-1-1 Advisory

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Committee; to revise provisions regarding the registration of certain information by service suppliers and Voice over Internet Protocol service suppliers; to revise standards for the establishment and approval of 9-1-1 systems; to establish criteria for county-wide imposition of 9-1-1 charges; to revise the 9-1-1 charge assessed to telephone subscribers; to revise the administrative fee retained by service suppliers; to provide for a cost recovery fee billed to subscribers; to revise the prepaid wireless 9-1-1 charge that counties and municipalities may assess and such charge's terms of remittance; to amend Chapter 8 of Title 35, Title 45, and Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, public officers and employees, and state administrative organization, respectively, so as to make conforming changes; to provide for the nonconfidentiality and nonprivilege of certain information collected by the authority and Department of Revenue; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by adding a new article to read as follows:

"ARTICLE 12

38-3-180. This article shall be known and may be cited as the 'Georgia Emergency Communications Authority Act.'

38-3-181. As used in this article, the term:
(1) 'Authority' means the Georgia Emergency Communications Authority established pursuant to Code Section 38-3-182. (2) 'Board of directors' or 'board' means the governing body of the authority. (3) 'Emergency 9-1-1 system' or '9-1-1 system' has the same meaning as provided in Code Section 46-5-122. (4) 'Enhanced ZIP Code' has the same meaning as provided in Code Section 46-5-122. (5) 'Local government' means a county, municipality, regional authority, or consolidated government in this state that operates or contracts for the operation of a public safety answering point and has adopted a resolution or ordinance pursuant to Code Section 46-5-133 to impose 9-1-1 charges under Code Section 46-5-134.

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(6) 'Next Generation 9-1-1' or 'NG911' is a secure, nationwide, interoperable, standards-based, all Internet protocol emergency communications infrastructure enabling end-to-end transmission of all types of data, including, but not limited to, voice and multimedia communications from the public to a public safety answering point. (7) '9-1-1 charge' has the same meaning as provided in Code Section 46-5-122. (8) 'Public safety answering point' has the same meaning as provided in Code Section 46-5-122. (9) 'Service supplier' has the same meaning as provided in Code Section 46-5-122. (10) 'Telephone subscriber' has the same meaning as provided in Code Section 46-5-122. (11) 'Wireless enhanced 9-1-1 charge' has the same meaning as provided in Code Section 46-5-122.

38-3-182. (a)(1) There is established the Georgia Emergency Communications Authority as a body corporate and politic, an instrumentality of the state, and a public corporation, and by that name the authority may contract and be contracted with and defend and bring actions, including, but not limited to, a private right of action to enforce this article. The authority shall be an entity within the Georgia Emergency Management and Homeland Security Agency and attached to said agency for all operational purposes. (2) All local governments as of July 1, 2018, shall be members of the authority. Additional local governments shall become members upon adoption of a resolution or ordinance to impose the monthly 9-1-1 charge as authorized by Code Section 46-5-133 and contingent upon approval by the authority which shall not be unreasonably withheld. Any local government member of the authority that ceases operating or contracting for the operation of a public safety answering point shall withdraw from the authority subject to the terms of any contract, obligation, or agreement with the authority.
(b) The primary purpose of the authority shall be to administer, collect, audit, and remit 9-1-1 revenues for the benefit of local governments, as specified in this article, and on such terms and conditions as may be determined to be in the best interest of the operation of local governments in light of the following factors:
(1) The public interest in providing cost-efficient collection of revenues; (2) Increasing compliance in collection of revenues; (3) Easing the administrative burden on vendors and service suppliers; and (4) Such other factors as are in the public interest and welfare of the citizens of Georgia. (c) In addition to the purposes specified in subsection (b) of this Code section, the authority shall have the duties and responsibilities to: (1) Apply for, receive, and use federal grants or state grants or both; (2) Study, evaluate, and recommend technology standards for the regional and state-wide provision of a public safety communications network and 9-1-1 system; (3) Identify any changes necessary to accomplish more effective and efficient 9-1-1 service across this state including consolidation and interoperability of 9-1-1 systems;

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(4) Identify any changes necessary in the assessment and collection of fees under Part 4 of Article 2 of Chapter 5 of Title 46; (5) Develop, offer, or make recommendations to the Georgia Public Safety Training Center, Georgia Peace Officers and Standards Training Council, and other state agencies as to training that should be provided to telecommunicators, trainers, supervisors, and directors of public safety answering points; (6) Recommend minimum standards for operation of public safety answering points; (7) Collect data and statistics regarding the performance of public safety answering points; and (8) Identify any necessary changes or enhancements to develop and deploy NG911 statewide. (d)(1) Control and management of the authority shall be vested in a board of directors which shall consist of the following:
(A) The commissioner of the Department of Public Safety or his or her designee; (B) The commissioner of the Department of Revenue or his or her designee; (C) The director of the Georgia Public Safety Training Center or his or her designee; (D) Three members appointed by the Governor who shall be 9-1-1 directors, each of whom shall be currently employed by a public safety answering point. The Georgia 9-1-1 Directors Association, the Georgia Chapter of the Association of Public Safety Communications Officials, and the Georgia Chapter of the National Emergency Number Association may provide recommendations to the Governor for such appointments; (E) One member appointed by the Governor who shall be an elected member of a county governing authority that operates or contracts for the operation of a public safety answering point. The Association County Commissioners of Georgia may provide recommendations to the Governor for such appointment; (F) One member appointed by the Governor who shall be a county manager, county administrator, or finance officer from a county that operates or contracts for the operation of a public safety answering point. The Association County Commissioners of Georgia may provide recommendations to the Governor for such appointment; (G) One member appointed by the Governor who shall be an elected member of a city governing authority that operates or contracts for the operation of a public safety answering point. The Georgia Municipal Association may provide recommendations to the Governor for such appointment; (H) One member appointed by the Governor who shall be a city manager, city administrator, or finance officer from a city that operates or contracts for the operation of a public safety answering point. The Georgia Municipal Association may provide recommendations to the Governor for such appointment; (I) Two members from the telecommunications industry who shall be appointed by the Governor;

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(J) One member appointed by the Governor who is a sheriff responsible for managing a public safety answering point. The Georgia Sheriffs' Association may provide recommendations to the Governor for such appointment; (K) One police chief appointed by the Governor who is serving a local government. The Georgia Association of Chiefs of Police may provide recommendations to the Governor for such appointment; and (L) One fire chief appointed by the Governor who is serving a local government. The Georgia Association of Fire Chiefs may provide recommendations to the Governor for such appointment. (2) The initial term for appointments made pursuant to subparagraphs (D), (E), (F), (G), and (H) of paragraph (1) of this subsection shall be from July 1, 2018, until June 30, 2021. The initial term for appointments made pursuant to subparagraphs (I), (J), (K), and (L) of paragraph (1) of this subsection shall be from July 1, 2018, until June 30, 2020. All subsequent terms shall be for three years. Any vacancies that occur prior to the end of a term shall be filled by appointment in the same manner as the original appointment and shall be for the remainder of the unexpired term. (3) The board may appoint additional persons to serve in an advisory role to the board. Such advisers shall be nonvoting and shall not be counted in ascertaining if a quorum is present. (4) Members of the board of directors shall receive no compensation for their services but may be authorized by the authority to receive an expense allowance and reimbursement from funds of the authority in the same manner as provided for in Code Section 45-7-21, but only in connection with the member's physical attendance at a meeting of the board. (5) Nine members of the board of directors shall constitute a quorum, and the affirmative votes of a majority of a quorum shall be required for any action to be taken by the board. (6) The executive director of the authority shall convene the initial meeting of the board of the authority no later than September 1, 2018, at which time the board shall elect one of its members as chairperson. In addition, the board shall elect from its membership a vice chairperson and a secretary/treasurer. (7) The board of directors shall promulgate bylaws and may adopt other procedures for governing its affairs and for discharging its duties as may be permitted or required by law or applicable rules and regulations. (e) The authority shall have perpetual existence. (f) The authority through its board of directors shall have the power and authority to: (1) Have a seal and alter the same at its pleasure; (2) 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) 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 purpose of the authority;

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(4) Apply for and to accept any gifts or grants, loan guarantees, loans of funds, property, or financial or other aid in any form from the federal government or any agency or instrumentality thereof, from the state government or any agency or instrumentality thereof, or from any other source for any or all purposes specified in this article and to comply, subject to the provisions of this article, with the terms and conditions thereof; (5) Deposit or otherwise invest funds held by it in any state depository or in any investment that 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; (6) Exercise any powers granted by the laws of this state to public or private corporations that are not in conflict with the public purpose of the authority; (7) Do all things necessary or convenient to carry out the powers conferred by this article and to carry out such duties and activities as are specifically imposed upon the authority by law; (8) Bring and defend actions; (9) Provide for the collection of moneys; (10) Manage, control, and direct proceeds retained under subsection (a) of Code Section 38-3-188 and the expenditures made therefrom; (11) Distribute the proceeds identified under subsection (b) of Code Section 38-3-188 in such manner and subject to such terms and limitations as provided by such Code section; and (12) Exercise all other powers necessary for the development and implementation of the duties and responsibilities provided for in this article. (g) The creation of the authority and the carrying out of its purpose under this article are in all respects for the benefit of the people of this state. The authority shall be carrying out an essential governmental function on behalf of local governments in the exercise of the powers conferred upon it by this article and is, therefore, given the same immunity from liability for carrying out its intended functions as other state officials and employees. (h) The authority shall not be required to pay taxes or assessments upon any real or personal property acquired under its jurisdiction, control, possession, or supervision. (i) All moneys received by the authority pursuant to this article shall be deemed to be trust funds to be held and applied solely as provided in this article. (j) This article, being for the welfare of the state and its inhabitants, shall be liberally construed to affect the purposes thereof. (k) Notwithstanding any provision of this Code section to the contrary, the authority shall have no jurisdiction concerning the setting of rates, terms, and conditions for the offering of telecommunications services, as defined in Code Section 46-5-162, or for the offering of broadband service, VoIP, or wireless service, as such terms are defined in Code Section 46-5-221. (l) The board shall be subject to and shall comply with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in the same manner as an agency as such term is defined in

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Code Section 50-13-2. The board may promulgate and amend, from time to time, such rules or regulations, consistent with this article and Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' as it deems consistent with or required for the public welfare, for the administration of any provision of this article, or for the orderly conduct of the board's affairs. Any claim by the authority that a service supplier has violated any provision of this article shall be adjudicated as a contested proceeding under Code Section 50-13-13 and be subject to judicial review under Code Section 50-13-19.

38-3-183. The director of the Georgia Emergency Management and Homeland Security Agency shall appoint an executive director, subject to approval by the board, who shall be the administrative head of the authority, and shall establish the salary of the executive director. The executive director shall serve at the pleasure of such director. The executive director, with the concurrence and approval of such director, shall hire officers, agents, and employees; prescribe their duties, responsibilities, and qualifications; set their salaries; and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director.

38-3-184. The Attorney General shall provide legal services for the authority and, in connection therewith, Code Sections 45-15-13 through 45-15-16 shall be fully applicable.

38-3-185. (a) Beginning January 1, 2019, all 9-1-1 charges and all wireless enhanced 9-1-1 charges imposed by the governing authority of a local government pursuant to Code Section 46-5-133 and collected by a service supplier pursuant to Code Sections 46-5-134 and 46-5-134.1 shall be remitted monthly by each service supplier to the authority not later than the twentieth day of the month following the month in which they are collected. Any charges not remitted in a timely manner shall accrue interest at the rate specified in Code Section 48-2-40, until the date they are paid.
(b)(1) Each service supplier collecting and remitting 9-1-1 and wireless enhanced 9-1-1 charges to the authority pursuant to subsection (a) of this Code section shall submit with the remitted charges a report identifying the amount of the charges being collected and remitted from telephone subscribers attributable to each county or municipality that operates a public safety answering point, including counties and municipalities that operate multijurisdictional or regional 9-1-1 systems or have created a joint authority pursuant to Code Section 46-5-138. (2) For purposes of the monthly report required in paragraph (1) of this subsection, the service supplier shall attempt to utilize enhanced ZIP Codes. If an enhanced ZIP Code designation is not available for an address or if the service supplier is unable to determine the applicable enhanced ZIP Code designation after exercising due diligence to determine

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the designation, the service supplier may apply the five-digit ZIP Code to that address. For purposes of this subsection, there is a rebuttable presumption that a service supplier has exercised due diligence if the service supplier has attempted to determine the enhanced ZIP Code designation by utilizing software used by the Streamlined Sales Tax Governing Board pursuant to Code Section 48-8-70.

38-3-186. (a) The authority shall contract with the Department of Revenue for the collection and disbursement of charges remitted to the authority under subsection (a) of Code Section 38-3-185, other than prepaid wireless 9-1-1 charges under Code Section 46-5-134.2. Under such nonmonetary contract and to defray the cost of administering such collection and disbursement, the Department of Revenue shall receive payment equal to 1 percent of the total amount of the gross charges remitted to the authority under subsection (a) of Code Section 38-3-185, other than prepaid wireless 9-1-1 charges under Code Section 46-5-134.2. (b) The authority shall also contract with the Department of Revenue for the collection and disbursement of prepaid wireless 9-1-1 charges remitted to counties and municipalities under Code Section 46-5-134.2. Under such nonmonetary contract and to defray the cost of administering such collection and disbursement, the Department of Revenue shall receive payment equal to 1 percent of the total amount of the gross charges remitted to the authority or Department of Revenue under Code Section 46-5-134.2.

38-3-187. The authority and telecommunications service suppliers shall work in cooperation with the state to plan for and implement a state-wide public safety communications network.

38-3-188. (a) The Department of Revenue shall retain from the charges remitted to it pursuant to subsection (a) of Code Section 38-3-185 and pursuant to Code Section 46-5-134.2 an amount equal to 1 percent of the total amount of such charges and remit such amount to the authority. (b) Except for the amounts retained by the authority, Department of Revenue, and service suppliers pursuant to Code Sections 38-3-186 and 46-5-134 and this Code section, the remainder of the charges remitted by service suppliers shall be paid by the Department of Revenue to each local government on a pro rata basis based on the remitted amounts attributable to each such local government reported by service suppliers in the reports required by subsection (b) of Code Section 38-3-185. Such payments shall be made by the Department of Revenue to such local governments not later than 30 days following the date charges must be remitted by service suppliers to the Department of Revenue pursuant to subsection (a) of Code Section 38-3-185. Under no circumstances shall such payments be, or be deemed to be, revenues of the state and such payments shall not be subject to or available for appropriation by the state for any purpose.

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38-3-189. (a)(1) Beginning January 1, 2019, the authority is authorized to employ or contract with an independent auditor or the Department of Revenue to audit the financial and business records of any service supplier offering communication services capable of connecting 9-1-1 service to the extent necessary to ensure proper collection and remittance of charges in accordance with this article and with Part 4 of Article 2 of Chapter 5 of Title 46. If the authority chooses to contract with the Department of Revenue to audit the financial and business records of any service supplier offering communication services capable of connecting 9-1-1 service, the contract shall be nonmonetary and any and all costs associated with the performance of such audits shall be considered paid for by the administrative fee retained by the Department of Revenue under Code Section 38-3-186. Under no circumstances shall the Department of Revenue retain any additional charges for the purpose of conducting such audits. Such audits shall apply only to charges required to be imposed and collected pursuant to Part 4 of Article 2 of Chapter 5 of Title 46 on or after January 1, 2019. Any audits other than those conducted by the Department of Revenue shall be conducted at the authority's sole expense. The Department of Revenue shall provide to the authority access to all of the department's collection data and records of monthly returns of service suppliers under this Code section. Except as provided by Code Section 38-3-190, such data and records shall not be used by the authority for any purpose other than audits under this Code section and shall otherwise retain any confidential status while in the possession of or use by the authority or others retained by the authority. (2) The board shall develop a schedule for auditing service suppliers according to criteria adopted by the board. Such schedule shall provide for an audit of a service supplier not more than once every three years. Any such audit shall cover a representative sample of the service supplier's customer base in the state. (3) Any claim by the authority seeking to adjust the amount of any billing, remittance, or charge reported by the service supplier as required under Code Section 38-3-185 or imposing any penalty shall be limited to a period of three years prior to the date of the initial notice to the service supplier of the audit.
(b) Failure of a service supplier to comply with any audit required under paragraph (2) of subsection (a) of this Code section, when notice of such audit has been duly served upon a service supplier's registered agent, shall result in a civil penalty of not more than $1,000.00 per day for each day the service supplier refuses to comply, commencing on a date certain as stated in such notice, which in no case shall be less than 45 days, unless otherwise agreed in writing by the parties. A good faith attempt by a service supplier to comply with any such audit shall serve as a defense to a claim of failure to comply in any contested proceeding under Code Section 50-13-13 or judicial review under Code Section 50-13-19, and if upheld, there shall be no civil penalty. (c) Willful failure of any service supplier to have billed the monthly charges under Code Section 38-3-185 or 46-5-134.2 or to have remitted such collected charges as required shall

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be subject to a civil penalty of not more than $25,000.00 in the aggregate or 3 percent of the amount that should have been remitted, whichever is less. The civil penalty shall be in addition to the amount that should have been remitted and shall accrue interest at the rate specified in Code Section 48-2-40. The remedy set forth in this Code section shall be enforced solely by the authority and shall be the only remedy for any claim against a service supplier for failure to bill or remit the monthly charges under Code Section 38-3-185 or 46-5-134.2.
(d)(1) A service supplier shall not incur any liability, including, but not limited to, liability for the payment of unbilled or unremitted charges, for any billing practice previously or subsequently approved in writing by the authority or otherwise approved pursuant to paragraph (2) of this subsection. A service supplier may request that the authority approve a billing practice by a written request sent to the executive director of the authority by certified mail. The authority may request additional information from the service supplier regarding the billing practice.
(2)(A) The authority shall issue a written decision within 90 days of the executive director's receipt of the service supplier's written request for approval of the billing practice; provided, however, that the authority may, in its discretion, either request additional information or determine that it needs more time, in which case the authority shall provide notice of same to the service supplier and a single additional 90 day period shall commence. (B) In the event the authority does not issue a written decision within the time period specified under subparagraph (A) of this paragraph, the billing practice shall be deemed approved pursuant to this subsection. (3) The written approval of a billing practice under this subsection or the approval of a billing practice under subparagraph (B) of paragraph (2) of this subsection shall not impair or prohibit the board from adopting and implementing subsequently new requirements by rule or regulation that the board deems appropriate which supersede any such prior approved billing practices; provided, however, that in no case shall any approval of a billing practice by the authority be superseded for a period of at least three years following the date of approval.

38-3-190. (a) Except as otherwise provided in this Code section, all information submitted by a service supplier to the authority or Department of Revenue pursuant to this article shall be presumed to be confidential, proprietary, a trade secret, or subject to exemption from disclosure under state or federal law and shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50. Except as provided in this Code section, such information shall not be released to any person other than to the submitting service supplier, the authority, or auditors or attorneys employed by or under contract with the authority or the Georgia Emergency Management and Homeland Security Agency without the express permission of the submitting service supplier. Members of the authority shall also have access to

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information for the purpose of determining the accuracy of collections and remittances of individual service suppliers related to the member's jurisdiction. Such information shall be used solely for the purposes stated under this article. (b) Information collected by the authority and Department of Revenue related to this article and Part 4 of Article 2 of Chapter 5 of Title 46 may be publicly released or published but only in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual service supplier. All requests for information shall be submitted to the authority and not directly to the Department of Revenue. (c) Nothing in this Code section shall prohibit the authority or Department of Revenue from complying with a court order or request of a state or federal grand jury, taxing or regulatory authority, law enforcement agency, or prosecuting attorney in conjunction with an ongoing administrative, criminal, or tax investigation.

38-3-191. All funds, distributions, revenues, grants, appropriations, and rights and privileges of value of every nature accruing to the authority shall be used only for the purpose of developing, maintaining, administering, managing, and promoting the authority, state-wide 9-1-1 advancements, and state-wide public safety communications interoperability and may never be appropriated for any other purpose."

PART II SECTION 2-1.

Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended in Code Section 46-5-122, relating to definitions, by revising paragraphs (2), (2.3), (3), (7), (16.1), (17), and (17.1), as follows:
"(2) 'Authority' means the Georgia Emergency Communications Authority established pursuant to Code Section 38-3-182." "(2.3)" See Compilers's Note Page 714. "(3) Reserved." "(7) 'Exchange access facility' means the access from a particular telephone subscriber's premises to the telephone system of a service supplier. Exchange access facilities include service supplier provided access lines, PBX trunks, and Centrex network access registers, all as defined by tariffs of the telephone companies as approved by the Georgia Public Service Commission or, in the case of detariffed services, as defined in publicly available guidebooks or other publicly available service supplier publications. The term 'exchange access facility' also includes Voice over Internet Protocol service suppliers and any other communication, message, signal, or information delivery system capable of initiating a 9-1-1 emergency call. Exchange access facilities do not include service supplier owned

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and operated telephone pay station lines, Wide Area Telecommunications Services (WATS), Foreign Exchange (FX), or incoming only lines."
"(16.1)(A) 'Telephone service' means any method by which a 9-1-1 emergency call is delivered to a public safety answering point. Such term shall include local exchange access facilities or other telephone communication service, wireless service, mobile telecommunications service, computer service, Voice over Internet Protocol service, or any technology that delivers a call to a public safety answering point that is:
(i) Capable of contacting and has been enabled to contact a public safety answering point via a 9-1-1 system by entering or dialing the digits 9-1-1; (ii) A telecommunications service as such term is defined in Code Section 48-8-2; and (iii) Neither a prepaid calling service nor a prepaid wireless calling service as such terms are defined in Code Section 48-8-2. (B) When a service supplier provides to the same person, business, or organization the voice channel capacity to make more than one simultaneous outbound call from an exchange access facility, then each such separate outbound call voice channel capacity, regardless of technology, shall constitute a separate telephone service. (C) When the same person, business, or organization has several wireless telephones, each wireless telecommunications connection shall constitute a separate telephone service; provided, however, that multiple wireless devices that share a single telephone number and which are generally offered for use primarily by a single individual shall constitute a single telephone service. (D) A broadband connection used for telephone service shall not constitute a separate voice channel capacity subscription for purposes of the 9-1-1 charge. (17) 'Telephone subscriber' means a person or entity to which retail telephone service, either residential or commercial, is provided. (17.1) 'Voice over Internet Protocol service' includes any technology that permits a voice conversation through any device using a voice connection to a computer, whether through a microphone, a telephone, or other device that sends a digital signal over the Internet through a broadband connection to be converted back to the human voice at a distant terminal and that delivers a call to a public safety answering point. Voice over Internet Protocol service shall also include interconnected Voice over Internet Protocol service, which is service that enables real-time, two-way voice communications, requires a broadband connection from the user's location, requires Internet protocol compatible customer premises equipment, and allows users to receive calls that originate on the public service telephone network and to terminate calls to the public switched telephone network."

SECTION 2-2. Said title is further amended by repealing Code Section 46-5-123, relating to creation of 9-1-1 Advisory Committee, selection of members, filling vacancies, organization, and roles and responsibilities, and designating such Code section as reserved.

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SECTION 2-3. Said title is further amended by revising Code Section 46-5-124, relating to guidelines for implementing state-wide emergency 9-1-1 system and training and equipment standards, as follows:
"46-5-124. (a) The authority shall develop guidelines for implementing a state-wide emergency 9-1-1 system. The guidelines shall provide for:
(1) Steps of action necessary for public agencies to effect the necessary coordination, regulation, and development preliminary to a 9-1-1 system that shall incorporate the requirements of each public service agency in each local government of Georgia; (2) Identification of mutual aid agreements necessary to effect the 9-1-1 system, including coordination on behalf of the State of Georgia with any federal agency to secure financial assistance or other desirable activities in connection with the receipt of funding that may be provided to communities for the planning, development, or implementation of the 9-1-1 system; (3) The coordination necessary between local governments planning or developing a 9-1-1 system and other state agencies, the Public Service Commission, all affected utility and telephone companies, wireless service suppliers, and other agencies; (4) The actions to establish emergency telephone service necessary to meet the requirements for each local government, including law enforcement, fire-fighting, medical, suicide prevention, rescue, or other emergency services; and (5) The actions to be taken by a local government desiring to provide wireless enhanced 9-1-1 service, including requirements contained in 47 C.F.R. Section 20.18. (b) The authority shall be responsible for encouraging and promoting the planning, development, and implementation of local 9-1-1 system plans. The authority shall develop any necessary procedures to be followed by public agencies for implementing and coordinating such plans and shall mediate whenever disputes arise or agreements cannot be reached between the local political jurisdiction and other entities involving the 9-1-1 system. (c) Notwithstanding any other law to the contrary, no communications officer hired to the staff of a public safety answering point shall be required to complete his or her training pursuant to Code Section 35-8-23 prior to being hired or employed for such position. (d) The authority shall maintain the registry of wireless service suppliers provided for in Code Section 46-5-124.1."

SECTION 2-4. Said title is further amended by revising Code Section 46-5-124.1, relating to service suppliers or Voice over Internet Protocol service suppliers must register certain information with the director, updating information, and notices of delinquency, as follows:
"46-5-124.1. (a) Any service supplier or Voice over Internet Protocol service supplier doing business in Georgia shall register the following information by January 1, 2019, with the authority:

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(1) The name, address, and telephone number of the representative of the service supplier or Voice over Internet Protocol service supplier to whom the resolution adopted pursuant to Code Section 46-5-133 or other notification of intent to provide automatic number identification or automatic location identification, or both, of a telephone service connection; (2) The name, address, and telephone number of the representative of the service supplier or Voice over Internet Protocol service supplier with whom a local government must coordinate to implement automatic number identification or automatic location identification, or both, of a telephone service connection; (3) The counties in Georgia in which the service supplier or Voice over Internet Protocol service supplier is authorized to provide and is actively providing telephone service at the time the filing is made; and (4) Every corporate name under which the service supplier or Voice over Internet Protocol service supplier is authorized to provide telephone service in Georgia. (b) After the initial submission by each service supplier or Voice over Internet Protocol service supplier doing business in this state, if the information required by subsection (a) of this Code section changes, it shall be updated and submitted to the authority within 60 days of such change. (c) Every service supplier or Voice over Internet Protocol service supplier shall comply with subsections (a) and (b) of this Code section. Any service supplier or Voice over Internet Protocol service supplier that fails to register and provide the information required by this Code section after receiving notice of the deficiency or noncompliance duly served upon the service supplier's or Voice over Internet Protocol service supplier's registered agent and failing to cure the deficiency or noncompliance within 60 days of receiving notice shall: (1) Not be eligible to receive cost recovery funds as provided in subsection (e) of Code Section 46-5-134 until the service supplier or Voice over Internet Protocol service supplier is in compliance with subsections (a) and (b) of this Code section; (2) Be subject to a fine by the authority in the amount of $1,000.00 per day for each day of failure to comply with subsection (b) of this Code section; and (3) When audited, not be subject to the three-year limit under paragraph (3) of subsection (a) of Code Section 38-3-189. (d) Subsection (c) of this Code section shall apply only so long as the deficiency or noncompliance remains uncured. (e) The authority may share the service supplier registry with the Department of Revenue to ensure proper collection and remittance of all 9-1-1 charges."

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SECTION 2-5. Said title is further amended by revising Code Section 46-5-126, relating to cooperation by commission and telephone industry, as follows:
"46-5-126. The authority shall coordinate its activities with those of the Public Service Commission, which shall encourage the Georgia telephone industry to activate facility modification plans for a timely 9-1-1 implementation."

SECTION 2-6. Said title is further amended by revising Code Section 46-5-127, relating to approval of 9-1-1 systems by agency, as follows:
"46-5-127. (a) After January 1, 1978, and prior to January 1, 2019, no emergency 9-1-1 system shall be established, and no existing system shall be expanded to provide wireless enhanced 9-1-1 service, without written confirmation by the Georgia Emergency Management and Homeland Security Agency that the local plan conforms to the guidelines and procedures provided for in Code Section 46-5-124. (b) On or after January 1, 2019, no emergency 9-1-1 system shall be established, and no existing system shall be expanded to provide wireless enhanced 9-1-1 service, without written confirmation by the authority that the local plan conforms to the guidelines and procedures provided for in Code Section 46-5-124. The authority shall not deny establishment of a new system or an expansion to provide wireless enhanced 9-1-1 service if the local plan conforms to the guidelines and procedures provided for in Code Section 46-5-124."

SECTION 2-7. Said title is further amended by revising Code Section 46-5-128, relating to cooperation by public agencies, as follows:
"46-5-128. All public agencies shall assist the authority in its efforts to carry out the intent of this part; and such agencies shall comply with the guidelines developed pursuant to Code Section 46-5-124 by furnishing a resolution of intent regarding an emergency 9-1-1 system."

SECTION 2-8. Said title is further amended by revising Code Section 46-5-129, relating to use of 9-1-1 emblem, as follows:
"46-5-129. The authority may develop a 9-1-1 emblem which may be utilized on marked vehicles used by public safety agencies participating in a local 9-1-1 system."

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SECTION 2-9. Said title is further amended by revising Code Section 46-5-130, relating to federal assistance, as follows:
"46-5-130. The authority is authorized to apply for and accept federal funding assistance in the development and implementation of a state-wide emergency 9-1-1 system."

SECTION 2-10. Said title is further amended by revising Code Section 46-5-131, relating to exemptions from liability in operation of 9-1-1 system, as follows:
"46-5-131. (a) Whether participating in a state-wide emergency 9-1-1 system or an emergency 9-1-1 system serving one or more local governments, neither the state nor the authority nor any local government of the state nor any emergency 9-1-1 system provider or service supplier or its employees, directors, officers, contractors, and agents, except in cases of wanton and willful misconduct or bad faith, shall be liable for death or injury to any person or for damage to property as a result of either developing, adopting, establishing, participating in, implementing, maintaining, or carrying out duties involved in operating the emergency 9-1-1 system or in the identification of the telephone number, address, or name associated with any person accessing an emergency 9-1-1 system. (b) No local government of the State of Georgia shall be required to release, indemnify, defend, or hold harmless any emergency 9-1-1 system provider from any loss, claim, demand, suit, or other action or any liability whatsoever which arises out of subsection (a) of this Code section, unless the local government agrees or has agreed to assume such obligations."

SECTION 2-11. Said title is further amended in Code Section 46-5-133, relating to authority of local government to adopt resolution to impose monthly 9-1-1 charge, by adding a new subsection to read as follows:
"(d) Unless a municipality has imposed any charge authorized by this part, a county's imposition by resolution of any charge authorized by this part shall be applied countywide and the emergency 9-1-1 system shall be provided as a county-wide service. Any emergency call from a member of the public received by such a county or contracted public safety answering point shall be directed to the appropriate county or municipality public safety agency personnel who are able to respond to such call or other county or municipal dispatching personnel, and such public safety answering point shall maintain the connection with the caller or such public safety or dispatching personnel until the public safety answering point relays sufficient information for such personnel to respond to the call. Such county shall not impose fees or charges on the municipality or its public safety agency for the emergency call and connection services described in this subsection; provided, however,

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that nothing in this subsection is intended to supersede any existing intergovernmental agreements not otherwise in conflict with this subsection. The authority is authorized to adopt rules and regulations consistent with this subsection to ensure that emergency callers receive public safety services in an efficient, effective, and responsive manner and that responding public safety personnel are provided the necessary information to provide such services."

SECTION 2-12. Said title is further amended in Code Section 46-5-134, relating to billing of subscribers, liability of subscriber for service charge, taxes on service, establishment of Emergency Telephone System Fund, records, and use of funds, by revising subsections (a), (b), (d), (e), and (i) as follows:
"(a)(1)(A)(i) Unless exempt, the telephone subscriber of any telephone service shall be billed for the monthly 9-1-1 charge, if any, imposed with respect to such telephone service by the service supplier. Such 9-1-1 charge shall be $1.50 per month per telephone service provided to the telephone subscriber except as reduced pursuant to paragraph (4) of subsection (d) of this Code section. (ii) In computing the amount due under this subsection, the number of 9-1-1 charges a telephone subscriber shall be assessed shall not exceed the number of simultaneous outbound calls that can be made from voice channels the service supplier has activated and enabled. For telephone service that provides to multiple locations shared simultaneous outbound voice channel capacity configured to and capable of accessing a 9-1-1 system in different states, the monthly 9-1-1 charge shall be assessed only for the portion of such shared voice channel capacity in this state as identified by the service supplier's books and records. In determining the portion of shared capacity in this state, a service supplier may rely on, among other factors, a customer's certification of its allocation of capacity in this state, which may be based on each end user location, the total number of end users, and the number of end users at each end user location. (B) All telephone services billed to federal, state, or local governments shall be exempt from the 9-1-1 charge. Each service supplier shall, on behalf of the local government, collect the 9-1-1 charge from those telephone subscribers to whom it provides telephone service in the area served by the emergency 9-1-1 system. As part of its normal billing process, the service supplier shall collect the 9-1-1 charge for each month a telephone service is in service, and it shall list the 9-1-1 charge as a separate entry on each bill. Nothing in this Code section shall be construed to require a service supplier to list the 9-1-1 charge as a surcharge or separate entry on each bill. Service suppliers that do not list the 9-1-1 charge as a separate entry on each bill shall remit the 9-1-1 charge for each telephone subscriber that pays the bill; provided, however, that this information shall be maintained in a form auditors can access. If a service supplier receives a partial

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payment for a bill from a telephone subscriber, the service supplier shall apply the payment against the amount the telephone subscriber owes the service supplier first. (C) This paragraph shall not apply to wireless service or prepaid wireless service or the telephone subscribers or service suppliers of such services. (2)(A) If the governing body of a local government operates or contracts for the operation of a public safety answering point that is capable of providing or provides automatic number identification of a wireless telecommunications connection and the location of the base station or cell site which receives a 9-1-1 call from a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose place of primary use is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such a public safety answering point may be billed for the monthly wireless enhanced 9-1-1 charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced 9-1-1 charge shall be $1.50 per month per wireless telecommunications connection provided to the telephone subscriber except as otherwise provided in paragraph (4) of subsection (d) of this Code section. (B) If the governing body of a local government operates or contracts for the operation of an emergency 9-1-1 system which is capable of providing or provides automatic number identification and automatic location identification of a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose place of primary use is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency 9-1-1 system may be billed for the monthly wireless enhanced 9-1-1 charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced 9-1-1 charge may not exceed the amount of the monthly 9-1-1 charge imposed upon other telephone subscribers pursuant to paragraph (1) of this subsection and shall be imposed on a monthly basis for each wireless telecommunications connection provided to the telephone subscriber. (C) All wireless telecommunications connections billed to federal, state, or local governments shall be exempt from the wireless enhanced 9-1-1 charge. Each wireless service supplier shall, on behalf of the local government, collect the wireless enhanced 9-1-1 charge from those telephone subscribers whose place of primary use is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency 9-1-1 system. As part of its normal billing process, the wireless service supplier shall collect the wireless enhanced 9-1-1 charge for each month a wireless telecommunications connection is in service, and it may list the wireless enhanced 9-1-1 charge as a separate entry on each bill. Nothing in this Code section shall be construed to require a wireless service supplier to list the 9-1-1 charge as a separate entry on each bill. Wireless service suppliers that do not list the 9-1-1 charge as a separate entry on each bill shall remit the 9-1-1 charge for each telephone subscriber that pays the bill; provided, however, that

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this information shall be maintained in a form auditors can access. If a wireless service supplier receives partial payment for a bill from a telephone subscriber, the wireless service supplier shall apply the payment against the amount the telephone subscriber owes the wireless service supplier first. (D) Notwithstanding the foregoing, the application of any 9-1-1 service charge with respect to a mobile telecommunications service, as defined in 4 U.S.C. Section 124(7), shall be governed by the provisions of Code Section 48-8-6. (E) This paragraph shall not apply to prepaid wireless service or the telephone subscribers or service suppliers of such service. (b) Every telephone subscriber in the area served by the emergency 9-1-1 system shall be liable for the 9-1-1 charges and the wireless enhanced 9-1-1 charges imposed under this Code section until it has been paid to the service supplier. A service supplier shall have no obligation to take any legal action to enforce the collection of the 9-1-1 charge or wireless enhanced 9-1-1 charge. The service supplier shall provide the governing authority within 60 days with the name and address of each subscriber who has refused to pay the 9-1-1 charge or wireless enhanced 9-1-1 charge after such 9-1-1 charge or wireless enhanced 9-1-1 charge has become due. A collection action may be initiated against the subscriber by the authority and reasonable costs and attorneys' fees associated with that collection action may be awarded to the authority." "(d)(1) Each service supplier that collects 9-1-1 charges or wireless enhanced 9-1-1 charges on behalf of the local government is entitled to retain as an administrative fee an amount equal to 1 percent of the gross 9-1-1 or wireless enhanced 9-1-1 charge receipts to be remitted to the local government; provided, however, that such amount shall not exceed 1 for every dollar so remitted. (2) The 9-1-1 charges and the wireless enhanced 9-1-1 charges collected by the service supplier and transmitted to the authority for distribution to local governments pursuant to Code Section 38-3-185 shall, upon being received by a local government, be deposited and accounted for in a separate restricted revenue fund known as the Emergency Telephone System Fund maintained by the local government. The local government may invest the money in the fund in the same manner that other moneys of the local government may be invested and any income earned from such investment shall be deposited into the Emergency Telephone System Fund. (3) On or before July 1, 2005, any funds that may have been deposited in a separate restricted wireless reserve account required by this Code section prior to such date shall be transferred to the Emergency Telephone System Fund required by paragraph (2) of this subsection. (4) The governing body of a local government shall be required to reduce such monthly 9-1-1 charge or wireless enhanced 9-1-1 charge at any time the projected revenues from 9-1-1 charges or wireless enhanced 9-1-1 charges will cause the unexpended revenues in the Emergency Telephone System Fund at the end of the fiscal year to exceed by one and one-half times the unexpended revenues in such fund at the end

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of the immediately preceding fiscal year or at any time the unexpended revenues in such fund at the end of the fiscal year exceed by one and one-half times the unexpended revenues in such fund at the end of the immediately preceding fiscal year. Such reduction in the 9-1-1 charge or wireless enhanced 9-1-1 charge shall be in an amount which will avert the accumulation of revenues in such fund at the end of the fiscal year which will exceed by one and one-half times the amount of revenues in the fund at the end of the immediately preceding fiscal year. (e)(1) A service supplier may recover its costs expended on the implementation and provision of 9-1-1 services to subscribers by imposing a cost recovery fee not to exceed 45 per month or including such costs in existing cost recovery or regulatory recovery fees billed to the subscriber. In no event shall a service supplier deduct any amounts for cost recovery or otherwise from the charges to be remitted to the authority pursuant to Code Section 38-3-185 or 46-5-134.2. (2) A wireless service supplier shall not be authorized to recover any costs under paragraph (1) of this subsection with respect to any prepaid wireless services." "(i) The service supplier shall maintain records of the amount of the 9-1-1 charges and wireless enhanced 9-1-1 charges collected for a period of at least three years from the date of collection."

SECTION 2-13. Said title is further amended by revising Code Section 46-5-134.1, relating to counties where the governing authorities of more than one local government have adopted a resolution to impose an enhanced 9-1-1 charge, as follows:
"46-5-134.1. (a) This Code section shall apply in counties where the governing bodies of more than one local government have adopted a resolution to impose a 9-1-1 charge in accordance with the provisions of subsection (a) of Code Section 46-5-133 and notwithstanding any contrary provision of Code Section 46-5-133 or 46-5-134. (b) A wireless service supplier may certify to any of the governing bodies described in subsection (a) of this Code section that the wireless service supplier is unable to determine whether the billing addresses of its subscribers are within the geographic area that is served by such local government. Upon such certification, the wireless service supplier shall be authorized to collect the 9-1-1 charge for wireless enhanced 9-1-1 services from any of its subscribers whose billing address is within the county and is within an area that is as close as reasonably possible to the geographic area that is served by such local government. The wireless service supplier shall notify such subscribers that if such subscriber's billing address is not within the geographic area served by such local government, such subscriber is not obligated to pay the 9-1-1 charge for wireless enhanced 9-1-1 service. (c) Unless otherwise provided in an agreement among the governing bodies described in subsection (a) of this Code section, the charges collected by a wireless service supplier pursuant to this Code section shall be remitted to such governing bodies based upon the

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number of calls from wireless telecommunications connections that each such individual local government receives and counts relative to the total number of calls from wireless telecommunications connections that are received and counted by all of such local governments. (d) The powers granted to a wireless service supplier pursuant to this Code section shall terminate:
(1) On the date that the wireless service supplier certifies to a governing body of a local government described in subsection (a) of this Code section that the wireless service supplier is able to determine whether the billing addresses of its subscribers are within the geographic area that is served by such governing body; or (2) On the date which is 180 days from the date that any of its subscribers were first billed under this Code section, whichever is earlier. Upon termination of such powers, the wireless service supplier shall collect the 9-1-1 charge for wireless enhanced 9-1-1 service as provided in Code Section 46-5-134."

SECTION 2-14. Said title is further amended in Code Section 46-5-134.2, relating to prepaid wireless 9-1-1 charge, definitions, imposition of fee by localities, collection and remission of charges, and distribution of funds, by revising subsections (b) and (j) as follows:
"(b)(1) Counties and municipalities that operate a 9-1-1 public safety answering point, including counties and municipalities that operate multijurisdictional or regional 9-1-1 systems or have created a joint authority pursuant to Code Section 46-5-138, are authorized to impose by ordinance or resolution a prepaid wireless 9-1-1 charge in the amount of $1.50 per retail transaction. Imposition of the charge authorized by this Code section by a county or municipality shall be contingent upon compliance with the requirements of paragraph (1) of subsection (j) of this Code section. (2) Where a county or municipality that operates a 9-1-1 public safety answering point fails to comply with the requirements of paragraph (1) of subsection (j) of this Code section by December 31, 2011, on and after that date, the prepaid wireless 9-1-1 charge authorized by paragraph (1) of this subsection shall be imposed within the jurisdiction of such counties and municipalities as a state fee for state purposes." "(j) Prepaid wireless 9-1-1 charges remitted to the commissioner as provided in this Code section shall be distributed to counties, municipalities, and the State of Georgia as follows: (1) On or before December 31 of the year prior to the first year that the prepaid wireless 9-1-1 charge is imposed, each county and municipal corporation levying the prepaid wireless 9-1-1 charge, including counties and municipalities levying the prepaid wireless 9-1-1 charge that operate multijurisdictional or regional 9-1-1 systems or have created a joint authority pursuant to Code Section 46-5-138, shall file with the commissioner a certified copy of the pertinent parts of all ordinances and resolutions and amendments thereto which levy the prepaid wireless 9-1-1 charge authorized by this Code section. The ordinance or resolution specified herein shall specify an effective date of

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January 1, 2012, and impose a prepaid wireless 9-1-1 charge in the amount specified in paragraph (1) of subsection (b) of this Code section. The filing required by this paragraph shall be a condition of the collection of the prepaid wireless 9-1-1 charge within any county or municipality;
(2)(A) Each county or municipality operating a public safety answering point that has levied the prepaid wireless 9-1-1 charge authorized by this Code section and complied with the filing requirement of paragraph (1) of this subsection shall receive an amount calculated by multiplying the total amount remitted to the commissioner monthly times a fraction, the numerator of which is the population of the jurisdiction or jurisdictions operating the public safety answering point and the denominator of which is the total population of this state. An amount calculated by multiplying the total amount remitted to the commissioner monthly times a fraction, the numerator of which is the total population of any jurisdiction or jurisdictions operating public safety answering points that have not complied with the filing requirement of paragraph (1) of this subsection and the denominator of which is the total population of this state, shall be deposited as provided in paragraph (4) of this subsection. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, the initial monthly distribution shall be calculated using the total amount remitted to the commissioner beginning January 1, 2019, and ending January 31, 2019. (C) For the purposes of this paragraph, population shall be measured by the United States decennial census of 2010 or any future such census plus any corrections or revisions contained in official statements by the United States Bureau of the Census made prior to the first day of September immediately preceding the distribution of the proceeds of such charges by the commissioner and any official census data received by the commissioner from the United States Bureau of the Census or its successor agency pertaining to any newly incorporated municipality. Such corrections, revisions, or additional data shall be certified to the commissioner by the Office of Planning and Budget on or before August 31 of each year; (3) Funds shall be distributed monthly not later than 30 days following the date charges must be remitted by the seller to the department. Such distribution shall include any delinquent charges actually collected by the commissioner for a previous fiscal year which have not been previously distributed; (4) Funds distributed to a county or municipality pursuant to this Code section shall be deposited and accounted for in a separate restricted revenue fund known as the Emergency Telephone System Fund, maintained by the local government pursuant to paragraph (2) of subsection (d) of Code Section 46-5-134. The commissioner shall deposit all funds received pursuant to paragraph (2) of subsection (b) of this Code section into the general fund of the state treasury in compliance with Article 4 of Chapter 12 of Title 45, the 'Budget Act.' It is the intention of the General Assembly, subject to the appropriation process, that an amount equal to the amount deposited into the general fund of the state treasury as provided in this paragraph be appropriated each year to a program of state

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grants to counties and municipalities administered by the department for the purpose of supporting the operations of public safety answering points in the improvement of 9-1-1 service delivery. The department shall promulgate rules and regulations for the administration of the 9-1-1 grant program; and (5) Notwithstanding a county's or municipality's failure to comply with the filing requirement of paragraph (1) of this subsection prior to January 1, 2012, a county or municipality that subsequently meets such filing requirements prior to January 1 of any subsequent year shall become eligible to participate in the next succeeding distribution of proceeds pursuant to subparagraph (A) of paragraph (2) of this subsection."

PART III SECTION 3-1.

Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, is amended by revising Code Section 35-8-23, relating to basic training course for communications officers, certification requirements, duties of council, and rules and regulations, as follows:
"35-8-23. (a) As used in this Code section, the term 'communications officer' means and includes any person employed by the state or a local governmental agency to receive, process, or transmit public safety information and dispatch law enforcement officers, firefighters, medical personnel, or emergency management personnel. (b) Any person employed on or after July 1, 1995, as a communications officer shall satisfactorily complete a basic training course approved by the council. Persons who are employed on July 1, 1994, shall register with the council and may be certified by voluntarily complying with the certification process. Any person who fails to comply with the registration or certification process of the council shall not perform any duties of a communications officer and may have his or her certificate sanctioned or revoked. (c) The council shall conduct administrative compliance reviews with respect to the requirements of this Code section. The council, in coordination with the Georgia Emergency Communications Authority, shall be authorized to promulgate rules and regulations to facilitate the administration and coordination of standards, certification, and compliance reviews consistent with the provisions of this Code section. (d) On and after July 1, 1998, the basic training course for communications officers shall include training in the use of telecommunications devices for the deaf (TDD's), and no person shall on or after that date be certified by the council under this Code section unless such person has satisfactorily completed such training."

SECTION 3-2. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended in Code Section 45-7-21, relating to expense allowance and travel cost

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reimbursement for members of certain boards and commissions, by revising paragraph (6) of subsection (a) as follows:
"(6) Georgia Emergency Communications Authority;"

SECTION 3-3. Said title is further amended by revising Code Section 45-15-13, relating to representation of state authorities by Attorney General, as follows:
"45-15-13. As used in Code Sections 45-15-14 through 45-15-16, the term 'state authorities' means the following instrumentalities of the state: Georgia Building Authority, Georgia Education Authority (Schools), Georgia Education Authority (University), Georgia Highway Authority, Georgia Ports Authority, State Road and Tollway Authority, Jekyll Island--State Park Authority, Stone Mountain Memorial Association, and Georgia Emergency Communications Authority."

SECTION 3-4. Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization, is amended by revising Code Section 48-2-15, relating to confidential information, as follows:
"48-2-15. (a) Except as otherwise provided in this Code section, information secured by the commissioner incident to the administration of any tax shall be confidential and privileged. Neither the commissioner nor any officer or employee of the department shall divulge or disclose any such confidential information obtained from the department's records or from an examination of the business of any taxpayer to any person other than the commissioner, an officer or employee of the department, an officer of the state or local government entitled in his or her official capacity to have access to such information, or the taxpayer. (b) This Code section shall not:
(1) Be construed to prevent the use of confidential information as evidence before any state or federal court in the event of litigation involving tax liability of any taxpayer; (2) Be deemed to prevent the print or electronic publication of statistics so arranged as not to reveal information respecting an individual taxpayer; (3) Apply in any way whatsoever to any official finding of the commissioner with respect to any assessment or any information properly entered upon an assessment roll or other public record; (4) Affect any information which in the regular course of business is by law made the subject matter of a public document in any federal or state office or in any local office in this state; (5) Apply to information, records, and reports required and obtained under Article 1 of Chapter 9 of this title, which requires distributors of motor fuels to make reports of the

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amounts of motor fuels sold and used in each county by the distributor, or under Article 2 of Chapter 9 of this title, relating to road tax on motor carriers; (6) Be construed to prevent the disclosure of information, so arranged as not to reveal information respecting an individual taxpayer, requested by the House Committee on Ways and Means or the Senate Finance Committee regarding the department's administration of any tax; or (7) Apply to information, records, and reports required and obtained under Title 38 or Title 46 as each pertains to collection and remittance of prepaid and postpaid 9-1-1 fees or charges. The application of the exemption provided for under this paragraph to Code Section 38-3-190 shall apply exclusively to the Georgia Emergency Communications Authority and Department of Revenue in the handling of such information. (c) The provisions of this Code section shall not apply with respect to Chapter 7 of this title, relating to income taxation. (d) Notwithstanding this Code section, the commissioner, upon request by resolution of the governing authority of any municipality of this state having a population of 350,000 or more according to the United States decennial census of 1970 or any future such census, shall furnish to the finance officer or taxing official of the municipality any pertinent tax information from state tax returns to be used by those officials in the discharge of their official duties. Any information so furnished shall retain, in the hands of the local officials, its privileged and confidential nature to the same extent and under the same conditions as that information is privileged and confidential in the hands of the commissioner. The commissioner may make a nominal charge for any information so furnished, not to exceed the actual cost of furnishing the information. Nothing contained in this subsection shall be construed to prevent the use of the information as evidence in any state or federal court in the event of litigation involving any municipal or county tax liability of a taxpayer. (e) This Code section shall not be construed to prohibit persons or groups of persons other than employees of the department from having access to tax information when necessary to conduct research commissioned by the department or where necessary in connection with the processing, storage, transmission, and reproduction of such tax information; the programming, maintenance, repair, testing, and procurement of equipment; and the providing of other services for purposes of tax administration. Any such access shall be pursuant to a written agreement with the department providing for the handling, permitted uses, and destruction of such tax information, requiring security clearance checks for such persons or groups of persons similar to those required of employees of the department, and including such other terms and conditions as the department may require to protect the confidentiality of the tax information to be disclosed. Any person who divulges or makes known any tax information obtained under this subsection shall be subject to the same civil and criminal penalties as those provided for divulgence of information by employees of the department. (f) This Code section shall not be construed to prohibit disclosure as required in subsection (h) of Code Section 48-2-35."

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PART IV SECTION 4-1.

(a) This Act shall become effective July 1, 2018, for the purposes of creating the Georgia Emergency Communications Authority and appointing the members thereof and the enactment of Section 2-11 and the provisions regarding billing practices contained in subsection (d) of Code Section 38-3-189. For all other purposes, this Act shall become effective on January 1, 2019. (b) The provisions of this Act shall not in any manner diminish, extinguish, reduce, or affect any cause of action for audits, services, or the recovery of funds from service providers which may have existed prior to January 1, 2019. Any such cause of action is expressly preserved.

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

Compiler's Note - Paragraph (2.3) revised Code Section 46-5-122 by repealing it. The stricken text reads as follows:
"(2.3) 'Department' means the Department of Community Affairs established pursuant to Code Section 50-8-1."

Approved May 7, 2018.

__________

HIGHWAYS, BRIDGES, AND FERRIES MUNICIPALITY MAY CONTRACT WITH ABUTTING COUNTY TO CONSTRUCT AND MAINTAIN BRIDGES.

No. 437 (Senate Bill No. 324).

AN ACT

To amend Code Section 32-4-112 of the Official Code of Georgia Annotated, relating to contracts with state agencies and adjoining counties, so as to provide that municipalities may contract with abutting counties for the construction and maintenance of bridges within the limits of such municipalities and counties; 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 32-4-112 of the Official Code of Georgia Annotated, relating to contracts with state agencies and adjoining counties, is amended by revising paragraph (1) of subsection (b) as follows:
"(b)(1) A municipality may contract with any county in which part of the municipality lies for the construction and maintenance of a public road within the limits of such municipality. A municipality may contract with any county abutting the corporate limits of such municipality for the construction and maintenance of a bridge within the limits of both such municipality and such county."

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

Approved May 7, 2018.

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MOTOR VEHICLES AND TRAFFIC SPECIALTY LICENSE PLATE FOR GEORGIA MASONIC CHARITIES.

No. 438 (House Bill No. 815).

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, agencies, funds, or nonprofit corporations, so as to establish a specialty license plate to benefit Georgia Masonic Charities; to provide for related matters; to provide for an effective date; 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, agencies, funds, or nonprofit corporations, is amended by adding a new paragraph to subsection (l) to read as follows:
"(57) A special license plate honoring Georgia Masonic Charities Foundation. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Masonic Charities Foundation, Inc."

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

SECTION 3. 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 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 7, 2018.

__________

EVIDENCE LAW ENFORCEMENT OFFICERS AND AGENCIES PRIVILEGED COMMUNICATIONS BETWEEN PUBLIC SAFETY OFFICERS AND PEER COUNSELORS; OFFICE OF PUBLIC SAFETY OFFICER SUPPORT.

No. 439 (House Bill No. 703).

AN ACT

To amend Chapter 5 of Title 24 of the Official Code of Georgia Annotated, relating to privileges, so as to provide for privileged communications between public safety officers and peer counselors; to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to establish the Office of Public Safety Officer Support within the Department of Public Safety; to provide for a director; to provide for responsibilities of the office; to provide for office space, staff, supplies, and materials; to provide for definitions; to provide for related matters; to provide for a contingent effective date based on funding; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 24 of the Official Code of Georgia Annotated, relating to privileges, is amended by revising Code Section 24-5-510, relating to privileged communications between law enforcement officers and peer counselors, as follows:

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"24-5-510. (a) As used in this Code section, the term:
(1) 'Client' means a public safety officer. (2) 'Peer counselor' means:
(A) An employee of the Office of Public Safety Officer Support within the Department of Public Safety; or (B) An individual who is certified by the support coordinator of the Office of Public Safety Officer Support within the Department of Public Safety pursuant to subsection (b) of Code Section 35-2-163 who is an employee of a public entity that employs public safety officers and who is designated by the executive head of such public entity. (3) 'Public entity' shall have the same meaning as provided for in Code Section 35-2-160. (4) 'Public safety officer' means a peace officer, correctional officer, emergency health worker, firefighter, highway emergency response operator, jail officer, juvenile correctional officer, probation officer, or emergency services dispatcher. (b) Except as provided in subsection (c) of this Code section, communications between a client and a peer counselor shall be privileged. A peer counselor shall not disclose any such communications made to him or her and shall not be competent or compellable to testify with reference to any such communications in any court. (c) The privilege created by subsection (b) of this Code section shall not apply when: (1) The disclosure is authorized by the client, or if the client is deceased, by his or her executor or administrator, and if an executor or administrator is not appointed, by the client's next of kin; (2) Compelled by court order; (3) The peer counselor was an initial responding public safety officer, witness, or party to an act that is the subject of the counseling; (4) The communication was made when the peer counselor was not performing official duties; or (5) The client is charged with a crime. (d) The privilege created by this Code section shall not be grounds to fail to comply with mandatory reporting requirements as set forth in Code Section 19-7-5 or Chapter 5 of Title 30, the 'Disabled Adults and Elder Persons Protection Act.'"

SECTION 2. Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended by adding a new article to read as follows:

"ARTICLE 8

35-2-160. As used in this article, the term:

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(1) 'Critical incident support services' means interventions designed to provide compassionate or coping support in the event of involvement in, being a witness to, or being otherwise affected by a traumatic event, including, but not limited to, any series of events that render a traumatic effect. (2) 'Peer counselor' shall have the same meaning as provided for in Code Section 24-5-510. (3) 'Public entity' means any agency or department of this state or a political subdivision or municipality of this state or an authority of this state. (4) 'Public safety officer' means a peace officer, correctional officer, emergency health worker, firefighter, highway emergency response operator, jail officer, juvenile correctional officer, probation officer, or emergency services dispatcher. (5) 'Support coordinator' means the coordinator of the Office of Public Safety Officer Support within the Department of Public Safety.

35-2-161. There is established the Office of Public Safety Officer Support within the Department of Public Safety.

35-2-162. The support coordinator shall be appointed by and be under the direction of the commissioner. The support coordinator shall be an individual with experience as a public safety officer and who has received training and exhibited a demonstrated professional ability to provide emotional and moral support to public safety officers. The support coordinator may also otherwise serve as a public safety officer within the department. The support coordinator is charged and empowered to carry out the responsibilities provided for under this article.

35-2-163. (a) The Office of Public Safety Officer Support within the Department of Public Safety may respond to and provide peer counselors and critical incident support services to any requesting public entities that employ public safety officers. The office may respond to and provide peer counselors and critical incident support services for the benefit of public safety officers experiencing post-traumatic stress disorder or other trauma associated with public safety. The office shall develop a course of training in critical incident stress management and in any other related subject matter for the benefit of public safety officers. (b) The support coordinator shall certify individuals, who shall be peer counselors, as having received training and demonstrated ability to provide emotional and moral support to public safety officers consistent with the purposes of this article. (c) The support coordinator, with approval of the commissioner, may employ or retain persons as he or she deems necessary to serve as peer counselors and staff consistent with the purposes of this article.

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35-2-164. The commissioner is authorized to provide and designate for the use of the support coordinator such space as shall be necessary to quarter the support coordinator and his or her staff. The support coordinator shall establish policies and procedures for the implementation of this article and is authorized to employ and secure the necessary staff, supplies, and materials to carry out this article, subject to the approval of the commissioner."

SECTION 3. (a) This Act shall become effective only if funds are specifically appropriated for the purposes of this Act in an appropriations Act enacted by the General Assembly. (b) If funds are so appropriated, then this Act shall become effective on the later of:
(1) The date on which such appropriations Act becomes effective; or (2) The beginning date of the fiscal year for which such appropriations are made.

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

Approved May 7, 2018.

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GENERAL ASSEMBLY DESIGNATE MARCH 21 OF EACH YEAR AS SINGLE PARENT DAY.

No. 440 (House Resolution No. 279).

A RESOLUTION

Designating March 21 of each year as Single Parent Day; and for other purposes.

WHEREAS, parents must invest immeasurable amounts of time, energy, and devotion when raising their children in order to provide them with the love, support, and guidance required to become responsible, productive, and successful adults; and

WHEREAS, the responsibility of raising children in today's society is particularly difficult when it falls on the shoulders of a single parent; and

WHEREAS, the number of single-parent families has more than doubled in the past 25 years and tripled since 1960; and

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WHEREAS, one-third of American children, a total of 15 million, are being raised without a father, and nearly five million children live without a mother; and

WHEREAS, the greatest need of every child is to be loved, whether the child lives in a single-parent or two-parent family; and

WHEREAS, the dedication and achievement of single parents regardless of gender, cultural diversity, or economic status deserve our recognition; and

WHEREAS, in 1984, Congress passed House Joint Resolution 200, which designated March 21, 1984, as National Single Parent Day, and President Reagan issued Proclamation 5166, which proclaimed March 21, 1984, as National Single Parent Day; and

WHEREAS, since then, many states and organizations across the country recognize March 21 each year as Single Parent Day.

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that March 21 of each year is designated as Single Parent Day in honor of the dedication and achievements of all single parents in the State of Georgia.

Approved May 7, 2018.

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REVENUE AND TAXATION CONFIDENTIAL INFORMATION; PROVISION OF INFORMATION TO COUNTIES AND MUNICIPALITIES.

No. 441 (Senate Bill No. 371).

AN ACT

To amend Code Section 48-2-15 of the Official Code of Georgia Annotated, relating to confidential information secured in the administration of taxes, so as to change the provisions regarding the furnishing of sales and use tax information to municipalities and counties; to provide for additional procedures, conditions, and limitations; to provide for confidentiality; to provide for a criminal penalty; 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 48-2-15 of the Official Code of Georgia Annotated, relating to confidential information secured in the administration of taxes, is amended by repealing and reserving subsection (d) and enacting a new subsection to read as follows:
"(d) Reserved. (d.1)(1) Notwithstanding this Code section, the commissioner, upon request by resolution of the governing authority of any county, consolidated government, or municipality of this state, shall furnish to the designated finance officer or taxing official of the county, consolidated government, or municipality information included on the vendor's sales tax certificate for all vendors that have filed a report for the designated period, to be used by such designated officer or official in the discharge of his or her official duties. (2)(A) Such designated officer or official shall not be authorized to contact in any manner any taxpayer identified in such confidential information. (B) Such designated officer or official to whom such confidential information is provided under this subsection may request the commissioner to validate the political subdivision to which a taxpayer with a business location within the political subdivision has remitted sales and use taxes for the designated period. Upon inquiry by such designated officer or official, the commissioner shall, within 30 days, respond to the inquiry and validate that the sales tax being collected from a taxpayer is being remitted to the proper political subdivision and take other appropriate action as provided by law. (C) Any information furnished under this subsection to such designated officer or official shall retain its privileged and confidential nature to the same extent and under the same conditions as such information is privileged and confidential in the hands of the commissioner. (3) Any such information furnished under this subsection shall constitute confidential tax information for purposes of paragraph (2) of Code Section 50-14-2 and paragraph (43) of subsection (a) of Code Section 50-18-72 and shall not be discussed or disclosed except as specifically authorized under this subsection. (4) Such information may be discussed with or disclosed to the members of the governing authority of such county or municipality levying a tax pursuant to the provisions of Article 4 of Chapter 8 of this title, but only when the members of such governing authority are in executive session as defined in paragraph (2) of subsection (a) of Code Section 50-14-1. In the event of such discussion with or disclosure to the members of such governing authority, any such information so discussed or disclosed shall retain its privileged and confidential nature to the same extent and under the same conditions as such information is privileged and confidential in the hands of the commissioner, and any further disclosure by the members of such governing authority is prohibited. Prior to such discussion with or disclosure to the members of such governing authority, any member of the governing authority who has a conflict of interest shall be required to recuse himself or herself from the executive session. For purposes of such recusal, a conflict of interest shall include, but not be limited to, engaging in similar business to those which are

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identified in the confidential information or having a financial or other personal interest, direct or indirect, in such matter which is incompatible with the impartial and proper discharge of that person's official duties, which would tend to impair the independence of that person's judgment or actions, or which would make such person privy to information that would provide a competitive business advantage. (5) It shall be unlawful for any person to divulge confidential tax information in violation of this subsection. Any person who violates this paragraph shall, upon conviction thereof, be subject to the same penalties that would apply to an employee of the department convicted of divulging confidential tax information. (6) The commissioner may make a nominal charge for any information so furnished, not to exceed the actual cost of furnishing the information; provided, however, that any such charge shall be in addition to the 1 percent administrative fee otherwise allowed to the commissioner for defraying the cost of collecting a local sales and use tax. (7) Nothing contained in this subsection shall prevent or be construed to prevent:
(A) The use of the information as evidence in any state or federal court in the event of litigation involving any municipal or county tax liability of a taxpayer; or (B) The release of the information pursuant to a subpoena or court order."

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

Approved May 7, 2018.

__________

STATE GOVERNMENT GEORGIA COMMISSION ON THE HOLOCAUST; REASSIGN FOR ADMINISTRATIVE PURPOSES; MEMBERSHIP OF COMMISSION; DESIGN AND PLACEMENT OF MEMORIAL.

No. 442 (Senate Bill No. 356).

AN ACT

To amend Article 8 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Commission on the Holocaust, so as to reassign the commission for administrative purposes; to change the membership of the commission; to provide for the design and placement of a memorial to the Holocaust; to provide for funding; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 8 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Commission on the Holocaust, is amended in Code Section 50-12-131, relating to membership, terms, qualifications, officers, quorum, and powers and duties, by revising subsections (a) and (g), respectfully, as follows:
"(a) There is created the Georgia Commission on the Holocaust in the executive branch of state government. The commission shall be assigned to the Department of Community Affairs for administrative purposes only." "(g) The Speaker of the House of Representatives shall appoint one member of the majority party and one member of the minority party from the House of Representatives and the President of the Senate shall appoint one member of the majority party and one member of the minority party from the Senate to serve as legislative oversight to the commission."

SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"50-12-134. (a) The Georgia Commission on the Holocaust shall design, procure, and place in a prominent location a Georgia Holocaust Memorial to recognize and commemorate the millions of people, including six million Jews, murdered by the Nazis and their collaborators before and during World War II. Such project shall be subject to the availability of private funds for such purpose. (b) The monument provided for in subsection (a) of this Code section shall be designed and placed by the commission."

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 7, 2018.

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EDUCATION REQUIRE CERTAIN EDUCATION AND POSTSECONDARY EDUCATIONAL INSTITUTIONS TO QUALIFY FOR CERTAIN EXEMPTIONS; RULES, REGULATIONS, AND POLICIES REGARDING SUCH EXEMPTIONS; REVISE MEMBERSHIP OF NONPUBLIC POSTSECONDARY EDUCATION COMMISSION AND THE BOARD OF TRUSTEES OF THE TUITION GUARANTY TRUST FUND.

No. 443 (House Bill No. 448).

AN ACT

To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to require certain education and postsecondary educational institutions to qualify for exemptions with the Nonpublic Postsecondary Education Commission and the maintenance of exemptions provided for under Part 1A of Article 7 of such chapter; to provide for an exception; to provide for the promulgation of rules, regulations, and policies for the effectuation of such exemptions; to revise the membership of the Nonpublic Postsecondary Education Commission; to provide for completion of current terms of appointment to the commission; to revise the membership of the Board of Trustees of the Tuition Guaranty Trust Fund; to correct a cross-reference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended in Code Section 20-3-250.3, relating to educational institutions exempted from application of part, by revising subsection (a) and by adding a new subsection to read as follows:
"(a) The following education and postsecondary educational institutions shall be exempted from this part except as expressly provided to the contrary and upon qualification with the commission pursuant to subsection (e) of this Code section:
(1) Institutions exclusively offering instruction at any or all levels from preschool through the twelfth grade regardless of the age of the student;

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(2) Education sponsored by a bona fide trade, business, professional, or fraternal organization, so recognized by the commission, solely for that organization's membership or offered on a no-fee basis, not granting degrees; (3) Education solely avocational or recreational in nature, as determined by the commission, and institutions, not granting degrees, offering such education exclusively; (4) Postsecondary educational institutions established, operated, governed, or licensed by this state, its agencies, or its political subdivisions, as determined by the commission; (5) Any flight school which holds an applicable federal air agency certificate issued by the administrator of the Federal Aviation Administration; (6) Nonpublic, nonprofit, postsecondary educational institutions which demonstrate annually to the satisfaction of the commission that their purposes are solely to provide programs of study in theology, divinity, religious education, and ministerial training, and that they do not grant postsecondary degrees of a nonreligious nature and that such institutions:
(A) Accept no federal or state funds; and (B) Accept no student who has a federal or state education loan to attend such institutions; (7) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any nonpublic law school accredited by the American Bar Association whose principal office and campus are located in this state and which is not qualified for exemption under any other paragraph of this subsection; provided, however, that any such nonpublic law school shall be subject to the provisions of Code Section 20-3-250.14 for the purposes of satisfying the requirements of 34 C.F.R. Section 668.43(b) and shall designate the commission as the recipient of complaints from students of such nonpublic law school as a prerequisite for such nonpublic law school's acceptance of federal student financial aid funds; and provided, further, that the designation provided under this paragraph shall be provided solely to the extent necessary for institutional compliance of such nonpublic law school with the laws and regulations governing federal student financial aid and shall not affect, rescind, or supersede any preexisting authorizations, charters, or recognition; (8) Nonpublic postsecondary educational institutions conducting postsecondary activity on the premises of military installations located in this state which are solely for military personnel stationed on active duty at such military installations, their dependents, or Department of Defense employees and other civilian employees of that installation; (9) A school where the sole purpose of the instructional program is review or preparation for a specific occupational examination recognized by a government agency or bona fide trade, business, or fraternal organization and where the student's occupational training received from another school already makes the student eligible to sit for the examination; (10) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any nonpublic, nonprofit college or university granting baccalaureate degrees whose principal office and campus are located in this state and its related graduate and professional programs, which have been in existence ten or more years as a nonpublic, nonprofit

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college or university and is accredited by a national or regional accrediting agency recognized by the United States Department of Education; provided, however, that such nonpublic, nonprofit college or university shall be subject to the provisions of Code Section 20-3-250.14 for the purposes of satisfying the requirements of 34 C.F.R. Section 668.43(b) and shall designate the commission as the recipient of complaints from students of such nonpublic, nonprofit college or university as a prerequisite for such nonpublic, nonprofit college's or university's acceptance of federal student financial aid funds; and provided, further, that the designation provided for under this paragraph shall be provided solely to the extent necessary for institutional compliance of such nonpublic, nonprofit college or university with the laws and regulations governing federal student financial aid and shall not affect, rescind, or supersede any preexisting authorizations, charters, or recognition; (11) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any liberal arts college or university whose principal office and campus are located in this state and its related graduate and professional programs, if any, which was chartered prior to 1955 as a nonpublic, nonprofit, degree-granting institution, provided that it is accredited by a regional or national accrediting agency recognized by the United States Department of Education; and provided, further, that such liberal arts college or university shall be subject to the provisions of Code Section 20-3-250.14 for the purposes of satisfying the requirements of 34 C.F.R. Section 668.43(b) and shall designate the commission as the recipient of complaints from students of such liberal arts college or university as a prerequisite for such liberal arts college's or university's acceptance of federal financial aid funds; and provided, further, that the designation provided for under this paragraph shall be provided solely to the extent necessary for institutional compliance of such liberal arts college or university with the laws and regulations governing federal student financial aid and shall not affect, rescind, or supersede any preexisting authorizations, charters, or recognition; (12) Any institution offering only education or training in income tax theory or income tax return preparation when the total contract price for such education or training does not exceed $1,000.00, provided that the total charges incurred by any student for all instruction, other than instruction which is solely avocational or recreational in nature as provided in paragraph (3) of this subsection, do not exceed $1,000.00 in any one calendar year; (13) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any nonpublic medical school accredited by the Liaison Committee on Medical Education and a national or regional accrediting agency recognized by the United States Department of Education; and (14) Any college or university that confers both associate and baccalaureate or higher degrees, that is accredited by the Southern Association of Colleges and Schools, College Division, that is operated in a proprietary status or that if previously exempt under this subsection as a proprietary institution has subsequently changed to operate in a nonprofit

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status, that provides a $200,000.00 surety bond, and that contributes to the Tuition Guaranty Trust Fund pursuant to Code Section 20-3-250.27; provided, however, that such college or university shall be subject to the provisions of Code Section 20-3-250.14 for the purposes of satisfying the requirements of 34 C.F.R. Section 668.43(b) and shall designate the commission as the recipient of complaints from students of such college or university as a prerequisite for such college's or university's acceptance of federal student financial aid funds; and provided, further, that the designation provided for under this paragraph shall be provided solely to the extent necessary for institutional compliance of such college or university with the laws and regulations governing federal student financial aid and shall not affect, rescind, or supersede any preexisting authorizations, charters, or recognition." "(e) Except for postsecondary educational institutions exempted from this part pursuant to paragraph (4) of subsection (a) of this Code section, the commission shall establish and promulgate rules, regulations, and policies for education and postsecondary educational institutions to establish their qualifications for an exemption, or maintenance of such exemption, as provided for under subsection (a) of this Code section."

SECTION 2. Said chapter is further amended in Code Section 20-3-250.4, relating to the Nonpublic Postsecondary Education Commission, by revising subsections (a) and (b) and by adding a new subsection to read as follows:
"(a) There is established the Nonpublic Postsecondary Education Commission whose members shall be as provided for pursuant to subsections (b) and (b.1) of this Code section and who shall be appointed by the Governor and confirmed by the Senate. Members of the commission shall be appointed for terms of three years each. Each member shall serve for the term of office to which the person is appointed and until a successor is appointed, confirmed, and qualified, except as provided otherwise in this Code section. Members may be appointed to succeed themselves but shall not serve for more than two full consecutive terms. (b) At least one member of the commission shall be appointed to represent degree-granting nonpublic postsecondary educational institutions, at least one member shall be appointed to represent nonpublic postsecondary educational institutions which grant certificates only, and at least one member shall be appointed to represent exempt education and postsecondary educational institutions as provided in subsection (a) of Code Section 20-3-250.3. The remaining members shall not be employed by or otherwise represent or have an interest in any nonpublic postsecondary educational institution.
(b.1)(1) Members serving a term of appointment which ended prior to or ends on July 1, 2018, shall complete their term of service on July 1, 2018. (2) After the occurrence of paragraph (1) of this subsection, the commission shall consist of 11 members who shall be appointed pursuant to the requirements of this Code section."

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SECTION 3. Said chapter is further amended in Code Section 20-3-250.27, relating to the Tuition Guaranty Trust Fund, by revising paragraph (2) of subsection (b) and paragraph (1) of subsection (c) as follows:
"(2) The fund shall be administered by the Board of Trustees of the Tuition Guaranty Trust Fund. The board of trustees shall consist of five members of the commission designated by majority vote of the commission, where at least two members, by June 30, 2020, shall represent postsecondary educational institutions. The five members of the commission who are so designated shall serve for such terms of office as members of the board as the commission shall establish by rule or regulation. The commission shall appoint one of the members so designated as chairman of the board. The executive director shall also serve as executive director and secretary of the board. Three members of the board must vote in agreement in order for the board to take official action. The commission may by rule or regulation provide for another member of the commission to serve in the place of a member of the board who is absent from a meeting of the board. (c)(1) All postsecondary educational institutions operating in this state, except those which are exempt from the provisions of this Code section pursuant to Code Section 20-3-250.3, shall participate in the tuition guaranty fund. Those postsecondary educational institutions specified in paragraphs (10) and (14) of subsection (a) of Code Section 20-3-250.3 and in subsection (c) of Code Section 20-3-250.3 shall participate in the tuition guaranty fund."

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 7, 2018.

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FIRE PROTECTION AND SAFETY BOILERS AND PRESSURE VESSELS; CIVIL ENFORCEMENT AND PENALTY AUTHORITY IN SAFETY FIRE COMMISSIONER.

No. 444 (Senate Bill No. 353).

AN ACT

To amend Article 2 of Chapter 15 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of boilers and pressure vessels, so as to establish civil enforcement and penalty authority in the Safety Fire Commissioner for violations concerning the regulation of boilers and pressure vessels; to provide for conditions; to provide for a civil penalty; to provide for rules and regulations; to provide for authority to institute civil actions; 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 15 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of boilers and pressure vessels, is amended by adding a new Code section to read as follows:
"25-15-31. (a) Except as provided for in subsection (a) of Code Section 25-15-25, any person who violates any provision of this article or any rule, regulation, or order issued by the Commissioner under this article shall, after notice and hearing, be subject to a civil penalty imposed by the Commissioner of not more than $5,000.00. The imposition of a penalty for a violation of this article shall not be construed as excusing the violation or permitting it to continue. The Commissioner shall promulgate rules and regulations for the implementation of this subsection. (b) In addition to other powers granted to the Commissioner under this article, the Commissioner may bring a civil action to enjoin a violation of any provision of this chapter or of any rule, regulation, or order issued by the Commissioner under this article."

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

Approved May 7, 2018.

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STATE GOVERNMENT LOTTERY; PRIZE WINNER MAY REMAIN ANONYMOUS UNDER CERTAIN CONDITIONS.

No. 445 (Senate Bill No. 331).

AN ACT

To amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Lottery for Education Act, so as to allow a winner of a lottery prize to remain anonymous under certain conditions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Lottery for Education Act, is amended by adding a new subsection to Code Section 50-27-25, relating to confidentiality of information, investigations, supervision and inspections, reports of suspected violations, and assistance in investigation of violations, to read as follows:
"(d) The corporation shall keep all information regarding the winner of awards of $250,000.00 or greater confidential upon the prize winner making a written request that his or her information be kept confidential."

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 7, 2018.

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EDUCATION CREATING OPPORTUNITIES NEEDED NOW TO EXPAND CREDENTIALED TRAINING ACT.

No. 446 (Senate Bill No. 3).

AN ACT

To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to enact the "Creating Opportunities Needed Now to Expand Credentialed Training (CONNECT) Act"; to provide for industry credentialing for students who complete certain focused programs of study; to provide for industry credentialing in individual graduation plans; to provide for the identification of certain critical and emerging occupations; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Creating Opportunities Needed Now to Expand Credentialed Training (CONNECT) Act."

SECTION 2. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising Code Section 20-2-145.1, relating to career education, as follows:
"20-2-145.1. The State Board of Education shall prescribe a minimum course of study in career education for students in grades six through 12. Such minimum course of study shall be age appropriate and shall include, but not be limited to, career exploration and career oriented learning experiences. Career oriented learning experiences shall include, but not be limited to, participation in work based learning programs such as internships, apprenticeships, cooperative education, or employability skill development. The State Board of Education shall ensure that career oriented learning experiences include rigorous industry credentialing, as defined in Code Section 20-2-326, if such rigorous industry credentialing has been created or endorsed by Georgia employers."

SECTION 3. Said chapter is further amended by revising Code Section 20-2-159.1, relating to focused programs of study, as follows:

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"20-2-159.1. (a) The Department of Education shall develop, and the State Board of Education shall approve, state models and industry required content standards, after consultation with industries in Georgia and in collaboration with the Technical College System of Georgia and the University System of Georgia to ensure alignment with postsecondary opportunities, for the following focused programs of study, as defined in Code Section 20-2-326, including, but not limited to:
(1) Agriculture, food, and natural resources; (2) Architecture and construction; (3) Arts, audio-video technology, and communications; (4) Business, management, and administration; (5) Education and training; (6) Finance; (7) Health science; (8) Hospitality and tourism; (9) Human services; (10) Information technology; (11) Law, public safety, and security; (12) Manufacturing; (13) Government and public administration; (14) Marketing, sales, and service; (15) Science, technology, engineering, and mathematics; (16) Transportation, distribution, and logistics; and (17) Energy. Such focused programs of study may be combined around these and other related clusters. (b) The focused programs of study established pursuant to this Code section may include or be revised to include industry certifications or industry credentialing, as defined in Code Section 20-2-326, pertinent to any such focused program of study. After consultation with employers and industries in Georgia, the Department of Education and the Technical College System of Georgia shall jointly establish a list of industry credentials that are required by Georgia employers. Such list shall be made available on the Department of Education and the Technical College System of Georgia websites. Such list shall be annually reviewed and updated as appropriate and made available prior to the beginning of the annual competitive grant application process provided for in subsection (j) of Code Section 20-2-260."

SECTION 4. Said chapter is further amended by revising subsection (c) of Code Section 20-2-159.4, relating to policies and guidelines for awarding units of high school credit based on demonstrated proficiency, as follows:

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"(c) The state board shall identify assessments, including various commercial assessments, for immediate use for students to demonstrate subject area competency, which may include, but not be limited to:
(1) Advanced placement exams; (2) ACT course assessment; (3) Industry-specific certificates and industry credentialing, as defined in Code Section 20-2-326, for career, technical, and agricultural education courses; (4) College Level Examination Program (CLEP) exams; and (5) Nationally recognized foreign language performance assessments. The state board shall establish a process for reviewing and approving performance based assessments developed commercially, by the state, or by a local school system. Initially, the state board shall limit the number of credits earned though such educational options to three credits per student until the practice is proven to yield student outcomes at least equivalent to those found in standard seat-time courses. The policy shall ensure that credit for demonstrated proficiency is reported on student transcripts in the same way that seat-time credit is recorded. The state board shall review such policy after three years to determine if student outcomes from these educational options are equivalent to, if not better than, student outcomes in traditional courses."

SECTION 5. Said chapter is further amended by revising subsection (b) of Code Section 20-2-161.2, relating to work based learning programs, as follows:
"(b) Any student aged 15 or over in any public school in this state may enroll in a work based learning program which is offered at that public school and which is approved for secondary credit by the department. Such student shall be granted release time from the public school to work as a student learner for any business or governmental enterprise which is approved by the local work based learning coordinator as a qualified employer pursuant to this Code section and work based learning program guidelines established by the department. A student shall receive secondary credit for such work based learning only under the conditions established by the department. The department is authorized to establish work based learning programs and guidelines to assist local school systems in operating such programs and to promulgate such policies, standards, procedures, criteria, and administrative requirements as may be necessary to implement the program by rules and regulations. The work based learning programs established pursuant to this Code section may include, but not be limited to, employability skill development, cooperative education, internships, and youth apprenticeships. The department shall collaborate with the Department of Labor and the Technical College System of Georgia in developing such policies and procedures. The department's work based learning programs shall include but not be limited to the following:
(1) A detailed training agreement and training plan between employer and student that identifies specific work tasks that will develop workplace competency;

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(2) A minimum of one unit of credit in a career pathway course related to the work based learning placement; (3) A minimum number of hours of on-the-job training as required in the department's guidelines for awarding secondary credit; (4) On-site evaluation of the student's performance; (5) Training remediation as necessary at the school site; (6) A broad range of skills but shall be focused on skills related to the student's career pathway; (7) Development of materials by the business, industry, and labor community in conjunction with the department to promote the awareness of work based learning opportunities for high school students and encourage recruitment; and (8) Structural linkage between secondary and postsecondary components of the program leading to the awarding of a high school diploma and a postsecondary credential, which may include industry credentialing, as defined in Code Section 20-2-326, related to the student's career pathway."

SECTION 6. Said chapter is further amended by revising paragraph (5) of and adding a new paragraph to subsection (b) and by revising paragraph (5) of subsection (c) and subsections (j) and (k) of Code Section 20-2-260, relating to capital outlay funds generally, as follows:
"(5) 'Educational facilities' shall include buildings, fixtures, and equipment necessary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall include classrooms, libraries, rooms and space for physical education, space for fine arts, restrooms, specialized laboratories, cafeterias, media centers, building equipment, building fixtures, furnishings, career, technical, and agricultural education labs and facilities to support industry credentialing, related exterior facilities, landscaping and paving, and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition and the central and area administrative offices of local units of administration." "(8.1) 'Industry credentialing' shall have the same meaning as in Code Section 20-2-326." "(5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Public Health, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans; shall reflect circumstances where rapid population growth is caused by factors not reflected in full-time equivalent student projection research; and shall give

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priority to elementary school construction. In addition, the state board shall develop a consistent, systematic research approach to full-time equivalent student projections which will be used in the development of needs within each local unit. Projections shall not be confined to full-time equivalent resident students but shall be based on full-time equivalent student counts which include full-time equivalent nonresident students, whether or not such full-time equivalent nonresident students attend school pursuant to a contract between local school systems and shall also account for properties owned by the Technical College System of Georgia for the purposes of a college and career academy. The full-time equivalent projection shall be calculated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot and review these schedules annually. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count toward present or future required local participation. The schedules for allowable square footage and cost per square foot shall be specified in regulations by the State Board of Education;" "(j) The State Board of Education shall establish an annual competitive grant program for renovation, modernization, replacement, or purchase of equipment for the enhancement of programs that are currently certified or in the process of achieving industry certification in educational facilities that align with industry credentials on the list developed pursuant to Code Section 20-2-159.1 or have been (1) linked to an occupation that addresses a critical local or state-wide workforce need, (2) linked to an occupation that is identified as part of the skilled trade industry, or (3) linked to an occupation that is identified in an emerging field or technology. The State Board of Education in awarding grants shall give priority to local programs that demonstrate local industry support and postsecondary partnerships that are linked to the verified industry need. (k) The State Board of Education shall request separate appropriations for each of the following categories: (1) Regular entitlements pursuant to subsection (g) of this Code section; (2) Regular advance funding projects pursuant to paragraphs (1) through (4) of subsection (h) of this Code section; (3) Construction projects resulting from the consolidation of schools across local school system lines pursuant to paragraph (5) of subsection (h) of this Code section; (4) Construction projects resulting from merger of local school systems pursuant to subsection (a) of Code Section 20-2-291 or by agreement between two or more local school systems; (5) Advance funding projects for consolidation or reorganization of schools pursuant to subsection (i) of this Code section; and

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(6) Equipment grants to enhance industry credentialing pursuant to subsection (j) of this Code section."

SECTION 7. Said chapter is further amended by revising Code Section 20-2-326, relating to definitions relative to the "Building Resourceful Individuals to Develop Georgia's Economy Act," as follows:
"20-2-326. For purposes of this part, the term:
(1) 'Articulation' means agreement between a high school and a postsecondary institution regarding the awarding of both secondary and postsecondary credit for a dual enrollment course. (2) 'Choice technical high school' means a high school, other than the high school to which a student is assigned by virtue of his or her residence and attendance zone, which is designed to prepare a high school student for postsecondary education and for employment in a career field. A choice technical high school may be operated by a local school system or a technical school or college. A choice technical high school may also be operated as a charter school under a governance board composed of parents, employers, and representatives from the local board of education. (3) 'Chronically low-performing high school' means a public high school in this state that has a graduation rate of less than 60 percent for three consecutive years, as determined in accordance with methodology established by the National Governors Association's Compact on High School Graduation Data, or that has received an unacceptable rating for three consecutive years, as defined by the Office of Student Achievement. (4) 'College and career academy' means a specialized school established as a charter school or pursuant to a contract for a strategic waivers school system or charter system, which formalizes a partnership that demonstrates a collaboration between business, industry, and community stakeholders to advance work force development between one or more local boards of education, a private individual, a private organization, or a state or local public entity in cooperation with one or more postsecondary institutions. (5) 'Focused program of study' means a rigorous academic core combined with a focus in mathematics and science; a focus in humanities, fine arts, and foreign language; or a coherent sequence of career pathway courses that is aligned with graduation requirements established by the State Board of Education and content standards established pursuant to Part 2 of this article that prepares a student for postsecondary education or immediate employment after high school graduation. (6) 'Graduation plan' means a student specific plan developed in accordance with subsection (c) of Code Section 20-2-327 detailing the courses necessary for a high school student to graduate from high school and to successfully transition to postsecondary education and the work force.

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(7) 'Industry certification' means a process of program evaluation that ensures that individual programs meet state, national, or international industry standards in the areas of curriculum, teacher qualification, lab specifications, equipment, and industry involvement. (7.1) 'Industry credentialing' means a process through which students are assessed by an independent third-party certifying entity using predetermined standards for knowledge, skills, and competencies, resulting in the award of individual certification or state licensure or an occupational competency that is state, nationally, or internationally recognized. (8) 'Public college or university' means a two-year or four-year college, university, or other institution under the auspices of the Board of Regents of the University System of Georgia. (9) 'Small learning community' means an autonomous or semiautonomous small learning environment within a large high school which is made up of a subset of students and teachers for a two-year, three-year, or four-year period. The goal of a small learning community is to achieve greater personalization of learning with each community led by a principal or instructional leader. A small learning community blends academic studies around a broad career or academic theme where teachers have common planning time to connect teacher assignments and assessments to college and career readiness standards. Students voluntarily apply for enrollment in a small learning community but must be accepted, and such enrollment must be approved by the student's parent or guardian. A small learning community also includes a college and career academy organized around a specific career theme which integrates academic and career instruction, provides work based learning opportunities, and prepares students for postsecondary education and employment, with support through partnerships with local employers, community organizations, and postsecondary institutions. (10) 'Teacher adviser system' means a system where an individual professional educator in the school assists a small group of students and their parents or guardians throughout the students' high school careers to set postsecondary goals and help them prepare programs of study, utilizing assessments and other data to track academic progress on a regular basis; communicates frequently with parents or guardians; and provides advisement, support, and encouragement as needed. (11) 'Technical school or college' means a college, institution, or other branch of the Technical College System of Georgia."

SECTION 8. Said chapter is further amended by revising subsection (c) of Code Section 20-2-327, relating to recognition of advanced proficiency/honors courses and counseling and development of individual graduation plans, as follows:
"(c) Beginning with the 2010-2011 school year, students in the sixth, seventh, and eighth grades shall be provided counseling, advisement, career awareness, career interest and

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career demand inventories, and information to assist them in evaluating their academic skills and career interests. Before the end of the second semester of the eighth grade, students shall develop an individual graduation plan in consultation with their parents, guardians, or individuals appointed by the parents or guardians to serve as their designee. High school students shall be provided guidance, advisement, and counseling annually that will enable them to successfully complete their individual graduation plans, preparing them for a seamless transition to postsecondary study, further training, or employment, including information regarding occupations, degrees, industry credentials, certifications, and technical skills; work-ready skills in demand by Georgia employers through the department's career pipeline website; and other career related inventories made available through the Technical College System of Georgia or the Office of Student Achievement. An individual graduation plan shall:
(1) Include rigorous academic core subjects and focused coursework in mathematics and science or in humanities, fine arts, and foreign language or sequenced career pathway coursework; (2) Incorporate provisions of a student's Individualized Education Program (IEP), where applicable; (3) Align educational and broad career goals and a student's course of study; (4) Be based on the student's selected academic and career focus area as approved by the student's parent or guardian; (5) Include experience based, career oriented learning experiences which may include, but not be limited to, participation in work based learning programs such as internships, apprenticeships, cooperative education, and employability skill development; (6) Include any applicable industry credentialing that pertains to the student's focused program of study; (7) Include opportunities for postsecondary studies through articulation, dual enrollment, and joint enrollment; (8) Be flexible to allow change in the course of study but be sufficiently structured to meet graduation requirements and qualify the student for admission to postsecondary education; and (9) Be approved by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. An individual graduation plan shall be reviewed annually, and revised, if appropriate, upon approval by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. An individual graduation plan may be changed at any time throughout a student's high school career upon approval by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser."

SECTION 9. Said chapter is further amended by adding a new Code section to read as follows:

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"20-2-327.1. (a) The State Board of Education, in collaboration with the Technical College System of Georgia, shall facilitate and encourage industry credentialing for career, technical, and agricultural education programs utilizing existing career pathways and individual graduation plans. Further, local school systems are authorized and encouraged to align competency based career education, along with enhanced work based learning experiences, as provided for in Code Section 20-2-161.2, to facilitate and make available to students opportunities to receive industry credentialing in critical and emerging occupations in Georgia. (b) No later than December 31, 2018, and annually thereafter, the Department of Education shall produce a report identifying the industry credentialing attainment levels for the previous calendar year. Such report shall include the current and projected regional business and industry needs for the purpose of establishing annual goals and strategies to increase attainment rates of industry credentialing, including the development of additional industry credentials to enhance current industry certified programs."

SECTION 10. Said chapter is further amended by revising Code Section 20-2-328, relating to a competitive grant program, as follows:
"20-2-328. (a) Subject to appropriations by the General Assembly, the State Board of Education shall establish a competitive grant program for local school systems to implement school reform measures in selected high schools. The state board shall establish program requirements in accordance with the provisions of this Code section and shall establish grant criteria, which shall encourage alignment with industry credentialing, including postsecondary partnerships between the Technical College System of Georgia and college and career academies and other career, technical, and agricultural education programs in high schools. Priority for reform grants shall be given to chronically low-performing high schools in accordance with subsection (b) of this Code section or to high schools enhancing career, technical, and agricultural education programs to allow for greater attainment of industry credentialing in accordance with subsection (b.1) of this Code section.
(b)(1) The State Board of Education shall develop an evidence based model program for chronically low-performing high schools receiving a reform grant pursuant to this Code section for addressing at-risk students, which shall include various programs and curricula that have proven to be effective for at-risk students focusing on:
(A) Identification of students at risk for being poorly prepared for the next grade level or for dropping out of school; (B) Strengthening retention of ninth grade students in school and reducing high failure rates; (C) Improving more students' performances to grade level standards in reading and mathematics by the end of ninth grade;

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(D) Assisting students and their parents or guardians in setting an outcome career and educational goal and identifying a focused program of study to achieve such goal; and (E) Assisting students in learning and applying study skills, coping skills, and other habits that produce successful students and adults. (2) The at-risk model program shall include: (A) Diagnostic assessments to identify strengths and weaknesses in the core academic areas; (B) A process for identifying at-risk students, closely monitored by the Department of Education in collaboration with local school systems to ensure that students are being properly identified and provided timely, appropriate guidance and assistance and to ensure that no group is disproportionately represented; and (C) An evaluation component in each high school to ensure the programs are providing students an opportunity to graduate with a high school diploma. (3) The at-risk model program may include various components designed to result in more students facilitating a successful start in high school and passing ninth grade such as: (A) Utilizing a flexible schedule that increases students' time in core language arts/reading and mathematics studies designed to eliminate academic deficiencies; (B) Maintaining a student-teacher ratio in ninth grade that is no higher than any other grade level ratio in high school; (C) Utilizing experienced and effective teachers as leaders for teacher teams in ninth grade to improve instructional planning, delivery, and reteaching strategies; (D) Assigning students to a teacher mentor who will meet with them frequently to provide planned lessons on study skills and other habits of success that help students become independent learners and who will help them receive the assistance they need to successfully pass ninth grade; and (E) Including ninth grade career courses which incorporate a series of miniprojects throughout the school year that require the application of ninth grade level reading, mathematics, and science skills to complete while students learn to use a range of technology and help students explore a range of educational and career options that will assist them in formulating post high school goals and give them a reason to stay in school and work toward achieving their stated goals. (b.1) The State Board of Education shall develop criteria for reform grants for high schools that enhance career, technical, and agricultural education programs to allow for greater attainment of industry credentialing including postsecondary partnerships between the Technical College System of Georgia and college and career academies and other career, technical, and agricultural education programs in high schools. The grants may also be used to require that career, technical, and agricultural education teachers participate in industry credentialing training to teach courses that lead to industry credentialing. (c) The State Board of Education shall promulgate rules and regulations for high schools receiving a reform grant pursuant to this Code section to make the high schools more

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relevant to and effective for all students. Such rules shall encourage high schools to implement a comprehensive school reform research based model that focuses on:
(1) Setting high expectations for all students; (2) Personalizing individual graduation plans for students; (3) Developing small learning communities or college and career academies with a rigorous academic foundation and emphasis in broad career fields of study; (4) Using project based instruction embedded with strong academics to improve relevancy in learning; (5) Fostering collaboration among academic and career/technical teachers; (6) Implementing nontraditional scheduling in ninth grade for students behind in their grade level; (7) Promoting parental involvement; and (8) Training teachers to work with low-performing students and their parents or guardians. (d) This Code section shall be subject to appropriations by the General Assembly."

SECTION 11. Said chapter is further amended by revising Code Section 20-2-329, relating to requirements for high schools that receive a reform grant, as follows:
"20-2-329. High schools that receive reform grants as chronically low-performing high schools pursuant to subsection (b) of Code Section 20-2-328 shall:
(1) Provide focused programs of study which are designed to provide a well-rounded education for students by fostering artistic creativity, critical thinking, and self-discipline through the teaching of academic content, knowledge, and skills that students will use in the workplace, further education, and life. The focused programs of study, whether provided at a choice technical high school, a college and career academy, a traditional high school, or on site at a technical school or college or a public college or university, shall be aligned with graduation requirements established by the State Board of Education and content standards established pursuant to Part 2 of this article, including, at a minimum, four years of mathematics, Algebra I and higher, and four years of English, with an emphasis on developing reading and writing skills to meet college and career readiness standards or including high school diploma requirements established pursuant to Code Section 20-2-149.2; (2) Implement a teacher adviser system; (3) Provide students in the ninth through twelfth grades information on educational programs offered in high school, in technical and community colleges, in colleges and universities, and through work based learning programs and how these programs can lead to a variety of career fields. Local school systems shall provide career awareness and exploratory opportunities such as field trips, speakers, educational and career information centers, job shadowing, and classroom centers to assist students and their parents or

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guardians, with guidance from school counselors and teacher advisers, in revising, if appropriate, the individual graduation plan developed pursuant to subsection (c) of Code Section 20-2-327; (4) Enroll students no later than ninth grade into one of the following options for earning a high school diploma and preparing students for postsecondary education and a career which will include a structured program of academic study with in-depth studies in:
(A) Mathematics and science; (B) Humanities, fine arts, and foreign language; or (C) A career pathway that leads to passing an industry credentialing exam in a high demand, high skill, or high wage career field or to an associate's degree or bachelor's degree. The awarding of a special education diploma to any disabled student who has not completed all of the requirements for a high school diploma, but who has completed his or her Individualized Education Program (IEP) shall be deemed to meet the requirements of this paragraph; (5) Implement the at-risk model program developed by the State Board of Education pursuant to subsection (b) of Code Section 20-2-328; (6) Comply with the rules and regulations promulgated by the State Board of Education for chronically low-performing high schools pursuant to subsection (c) of Code Section 20-2-328; and (7) Schedule annual conferences to assist students and their parents or guardians in setting educational and career goals and creating individual graduation plans beginning with students in the eighth grade and continuing through high school. These conferences shall include, but are not limited to, assisting the student in identifying educational and career interests and goals, selecting a career and academic focus area, and developing an individual graduation plan."

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

Approved May 8, 2018.

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743

PUBLIC OFFICERS AND EMPLOYEES DEFERRED COMPENSATION PLANS; PAYMENT OF COSTS OR FEES BY MUNICIPALITY; AUTOMATIC ENROLLMENT OF CERTAIN PUBLIC EMPLOYEES.

No. 447 (Senate Bill No. 333).

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 provide that the governing authority of a municipality may pay costs or fees associated with an employee's participation in a deferred compensation plan; to provide that certain public employees may be automatically enrolled in deferred compensation plans; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to deferred compensation plans, is amended by revising Code Section 45-18-35, relating to plans to operate without cost to state, counties, cities, or other political subdivisions, as follows:
"45-18-35. The Board of Trustees of the Employees' Retirement System of Georgia or the administrator of the plan shall arrange for all services required to carry out the deferred compensation plan or plans so that such plan or plans shall operate without cost to the state, county, city, or other political subdivision except for:
(1) Employer contributions to a deferred compensation plan; (2) The incidental expense of administering the payroll salary deduction or reduction and the remittance thereof; or (3) The payment of costs or fees associated with an employee's participation in a deferred compensation plan when authorized by the governing authority of a municipality pursuant to ordinance or resolution."

SECTION 2. Said article is further amended by revising Code Section 45-18-36, relating to salary deductions and records of individual account information, as follows:
"45-18-36. (a) The salary reduction or deductions referred to in this article shall be instituted:

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(1) At the request of the participating employees by the payroll departments applicable to the respective employees; or (2) Pursuant to an automatic enrollment arrangement permitted by and operated in accordance with applicable federal laws and regulations. (b) Records of participation agreements, payroll deductions, investment options, and other individual account information shall be maintained as confidential by the administrator. The records shall not be disclosed except as necessary to accomplish the purposes of this article or in cases where a subpoena has been issued for the purpose of discovery or as otherwise authorized in writing by the employee. This prohibition shall not bar federal, state, or local tax authorities from such access to the records as may be necessary to establish the tax status or liability of a participating employee."

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, 2018.

__________

INSURANCE SURPLUS LINES INSURERS; NONADMITTED INSURER.

No. 448 (Senate Bill No. 381).

AN ACT

To amend Article 2 of Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to surplus line insurance, so as to provide that a nonadmitted insurer domiciled in this state will be deemed a domestic surplus lines insurer if certain criteria are met; to provide a definition; to provide for criteria; to provide for tax assessment; to provide for certain protection exceptions; to provide for financial and solvency requirements; to provide for exemptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 2 of Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to surplus line insurance, is amended in Code Section 33-5-20.1, relating to definitions relative to surplus line insurance, by revising paragraph (1) and adding a new paragraph to read as follows:
"33-5-20.1. As used in this article, the term:
(1) 'Domestic surplus lines insurer' means a nonadmitted insurer that is domiciled in this state with which a surplus lines broker may place surplus lines insurance; (1.1) 'Exempt commercial purchaser' means any person purchasing commercial insurance that, at the time of placement, meets the following requirements:
(A) The person employs or retains a qualified risk manager to negotiate insurance coverage; (B) The person has paid aggregate nation-wide commercial property and casualty insurance premiums in excess of $100,000.00 in the immediately preceding 12 months; and
(C)(i) The person meets at least one of the following criteria: (I) The person possesses a net worth in excess of $20 million as such amount is adjusted pursuant to division (ii) of this subparagraph; or (II) The person generates annual revenues in excess of $50 million as such amount is adjusted pursuant to division (ii) of this subparagraph; or (III) The person employs more than 500 full-time or full-time equivalent employees per individual insured or is a member of an affiliated group employing more than 1,000 employees in the aggregate; (IV) The person is a not for profit organization or public entity generating annual budgeted expenditures of at least $30 million as such amount is adjusted pursuant to division (ii) of this subparagraph; or (V) The person is a municipality with a population in excess of 50,000.
(ii) Effective on January 1, 2016, and every five years on January 1 thereafter, the amounts in subdivisions (I), (II), and (IV) of division (i) of this subparagraph shall be adjusted to reflect the percentage change for such five-year period in the Consumer Price Index for All Urban Consumers as reported by the Bureau of Labor Statistics of the United States Department of Labor."

SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"33-5-20.2. (a) A nonadmitted insurer that is domiciled in this state shall be deemed a domestic surplus lines insurer if all of the following criteria are satisfied:
(1) The insurer shall possess a policyholder surplus of at least $15 million;

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(2) The insurer is an eligible surplus lines insurer in at least one jurisdiction other than this state; (3) The board of directors of the insurer has passed a resolution seeking to be a domestic surplus lines insurer in this state; and (4) The Commissioner has issued a certificate of authority or otherwise provided written approval for the insurer to be a domestic surplus lines insurer. (b) For the purposes of the federal Nonadmitted and Reinsurance Reform Act of 2010, 15 U.S.C Section 8201, et seq, a domestic surplus lines insurer shall be considered a nonadmitted insurer with respect to risks insured in this state. (c) A domestic surplus lines insurer shall be deemed an eligible surplus lines insurer and authorized to write any kind of insurance that a nonadmitted insurer not domiciled in this state is eligible to write. (d) Notwithstanding any other statute, the policies issued in this state by a domestic surplus lines insurer shall be subject to taxes assessed upon surplus lines policies issued by nonadmitted insurers, including the surplus lines premium tax, but will not be subject to other taxes levied upon admitted insurers, whether domestic or foreign. (e) Policies issued by a domestic surplus lines insurer are not subject to the protections or other provisions of the Georgia Insurers Insolvency Pool created by Chapter 36 of this title or the Georgia Life and Health Insurance Guaranty Association created by Chapter 38 of this title. (f) All financial and solvency requirements imposed by this state's laws upon domestic admitted insurers shall apply to domestic surplus lines insurers unless domestic surplus lines insurers are otherwise specifically exempted. (g) Policies issued by a domestic surplus lines insurer shall be exempt from all statutory requirements relating to insurance rating plans, policy forms, premiums charged to insureds, and other statutory requirements in the same manner and to the same extent as a nonadmitted insurer domiciled in another state."

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

Approved May 8, 2018.

GEORGIA LAWS 2018 SESSION

747

EDUCATION COLLECTION OF CERTAIN STUDENT DATA; INDIVIDUAL GRADUATION PLANS; SCHOOL COUNSELORS; ANNUAL, AGE-APPROPRIATE EDUCATION IN SEXUAL ABUSE AND ASSAULT.

No. 449 (Senate Bill No. 401).

AN ACT

To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to provide for collection of enrollment and student record data by the Office of Student Achievement for students in dual credit courses; to provide for guidance in career oriented aptitudes and career interests in developing an individual graduation plan; to provide for a review and report of a school counselor's role, workload, program service delivery, and professional learning; to provide for legislative findings; to provide for automatic repeal; to provide for annual age-appropriate sexual abuse and assault awareness and prevention education in kindergarten through grade 9; to provide that professional learning may include programs on sexual abuse and assault awareness and prevention; to provide that in-service training shall include programs on sexual abuse and assault awareness and prevention for certain professional personnel; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," is amended in Code Section 20-2-161.3, relating to the dual credit courses, by revising subsection (j) and by adding a new subsection to read as follows:
"(j) In order to participate in the program, each eligible postsecondary institution shall be required to enter into a participation agreement with the commission agreeing to:
(1) Waive all mandatory and noncourse related fees for eligible high school students participating in the program; (2) Provide course books to eligible high school students participating in the program at no charge to the student; (3) Accept the amount paid by the commission as full payment for an eligible high school student's tuition, mandatory and noncourse related fees, and course books; and (4) Provide enrollment and student record data to the Office of Student Achievement and to the state-wide longitudinal data system maintained by such office. Such data shall be

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submitted in accordance with timelines and formats established by the Office of Student Achievement." "(n) The Office of Student Achievement shall collect and monitor enrollment and student record data for dual credit courses taken pursuant to this Code section. The Office of Student Achievement shall annually measure and evaluate the program. The commission, the department, eligible postsecondary institutions, and local boards of education shall cooperate with and provide data as necessary to the Office of Student Achievement to facilitate the provisions of this subsection. The Office of Student Achievement is authorized to promulgate rules and regulations as necessary to implement the provisions of this subsection."

SECTION 2. Said article is further amended in Code Section 20-2-327, relating to recognition of advanced proficiency/honors courses and counseling and development of individual graduation plans, by revising subsection (c) as follows:
"(c)(1) Students in the sixth, seventh, and eighth grades shall be provided counseling, advisement, career awareness, career interest inventories, and information to assist them in evaluating their academic skills, career oriented aptitudes, and career interests. Before the end of the second semester of the eighth grade, students shall develop an individual graduation plan based on their academic skills, career oriented aptitudes, and career interests in consultation with their parents, guardians, or individuals appointed by the parents or guardians to serve as their designee. A student's individual graduation plan shall be taken into consideration when scheduling a student's courses in ninth grade. High school students shall be provided guidance, advisement, and counseling annually that will enable them to successfully update and implement their individual graduation plans, preparing them for a seamless transition to postsecondary study, further training, or employment. Beginning with the 2018-2019 school year, such guidance, advisement, and counseling for high school students shall include providing career oriented aptitude and career interest guidance. An individual graduation plan shall:
(A) Include rigorous academic core subjects and focused coursework in mathematics and science or in humanities, fine arts, and foreign language or sequenced career pathway coursework; (B) Incorporate provisions of a student's Individualized Education Program (IEP), where applicable; (C) Align educational and broad career goals and a student's course of study; (D) Be based on the student's selected academic and career focus area as approved by the student's parent or guardian; (E) Include experience based, career oriented learning experiences which may include, but not be limited to, participation in work based learning programs such as internships, apprenticeships, cooperative education, service learning, and employability skill development;

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(F) Include opportunities for postsecondary studies through articulation, dual enrollment, and joint enrollment; (G) Be flexible to allow change in the course of study but be sufficiently structured to meet graduation requirements and qualify the student for admission to postsecondary education; and (H) Be approved by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. (2) An individual graduation plan shall be reviewed annually, and revised, if appropriate, upon approval by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. An individual graduation plan may be changed at any time throughout a student's high school career upon approval by the student and the student's parent or guardian with guidance from the student's school counselor or teacher adviser. (3) The General Assembly finds that school counselors help students focus on academic, career, social, and emotional development so that students can achieve success in school and be prepared to lead fulfilling lives as responsible members of society. The Department of Education shall review each school counselor's role, workload, and program service delivery in grades six through 12. Such review shall include the scope of school counselor professional learning and annual school counselor evaluation instruments. The Department of Education shall provide a report of its findings to the State Board of Education and the General Assembly by December 31, 2018, that includes recommendations for counselor improvements to ensure student success in academic skills, career oriented aptitudes, and career interests. This paragraph shall stand repealed on December 31, 2018."

SECTION 2A. Said article is further amended by revising Code Section 20-2-143, relating to sex education and AIDS prevention instruction, implementation, and student exemption, as follows:
"20-2-143. (a) Each local board of education shall prescribe a course of study in sex education and AIDS prevention instruction for such grades and grade levels in the public school system as shall be determined by the State Board of Education. Such course of study shall implement either the minimum course of study provided for in subsection (b) of this Code section or its equivalent, as approved by the State Board of Education. Each local board of education shall be authorized to supplement and develop the exact approach of content areas of such minimum course of study with such specific curriculum standards as it may deem appropriate. Such standards shall include instruction relating to the handling of peer pressure, the promotion of high self-esteem, local community values, the legal consequences of parenthood, and abstinence from sexual activity as an effective method of prevention of pregnancy, sexually transmitted diseases, and acquired immune deficiency syndrome.

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(b) The State Board of Education shall prescribe a minimum course of study in sex education and AIDS prevention instruction which may be included as a part of a course of study in comprehensive health education for such grades and grade levels in the public school system as shall be determined by the state board and shall establish standards for its administration. The course may include instruction concerning human biology, conception, pregnancy, birth, sexually transmitted diseases, and acquired immune deficiency syndrome. The course shall include instruction concerning the legal consequences of parenthood, including, without being limited to, the legal obligation of both parents to support a child and legal penalties or restrictions upon failure to support a child, including, without being limited to, the possible suspension or revocation of a parent's driver's license and occupational or professional licenses. The course shall also include annual age-appropriate sexual abuse and assault awareness and prevention education in kindergarten through grade 9. A manual setting out the details of such course of study shall be prepared by or approved by the State School Superintendent in cooperation with the Department of Public Health, the State Board of Education, and such expert advisers as they may choose. (c) The minimum course of study to be prescribed by the State Board of Education pursuant to subsection (b) of this Code section shall be ready for implementation not later than July 1, 1988. Each local board shall implement either such minimum course of study or its equivalent not later than July 1, 1989. Any local board of education which fails to comply with this subsection shall not be eligible to receive any state funding under this article until such minimum course of study or its equivalent has been implemented. (d) Any parent or legal guardian of a child to whom the course of study set forth in this Code section is to be taught shall have the right to elect, in writing, that such child not receive such course of study."

SECTION 2B. Said article is further amended in Code Section 20-2-200, relating to the regulation of certificated professional personnel by the Professional Standards Commission, by revising paragraph (4) of subsection (b) as follows:
"(4) Requirements for certification renewal shall be established to foster ongoing professional learning, enhance student achievement, and verify standards of ethical conduct; provided, however, that from July 1, 2010, through June 30, 2017, no professional learning requirements shall be required for certificate renewal for clear renewable certificates for certificated personnel or for certificate renewal for paraprofessionals. Such requirements may include, but are not limited to, professional learning related to school improvement plans or the applicant's field of certification and background checks. Such requirements may also include participating in or presenting at in-service training programs on sexual abuse and assault awareness and prevention. Should the Professional Standards Commission include a requirement to demonstrate computer skill competency, the rules and regulations shall provide that a certificated educator may elect to meet the requirement by receiving satisfactory results on a test in

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basic computer skill competency. If a certificated educator elects to take such test pursuant to this paragraph, the local school system by which such educator is employed shall make available the opportunity to take the test on site at the school in which the educator is assigned. Each principal shall identify an administrator on site at each school to serve as a proctor for individuals taking the test pursuant to this paragraph. Individuals holding a valid Georgia life certificate or a valid National Board for Professional Teaching Standards certificate shall be deemed to have met state renewal requirements except those related to background checks."

SECTION 2C. Said article is further amended in Code Section 20-2-201, relating to specific course requirements, in-service or continuing education, and online offerings, by revising subsection (b) as follows:
"(b) Each local unit of administration shall be required to provide all professional personnel certificated by the Professional Standards Commission 12 clock hours of in-service or continuing education in each calendar year, or meet requirements of the Southern Association of Colleges and Schools. Such in-service programs shall be developed by the local unit of administration in conjunction with such agencies as regional educational service agencies, colleges and universities, and other appropriate organizations. These programs shall be designed to address identified needs determined by appropriate personnel evaluation instruments. These programs shall also focus on improving the skills of certificated personnel that directly relate to improving student achievement, as reflected in the revised certification renewal rules established by the Professional Standards Commission pursuant to paragraph (4.1) of subsection (b) of Code Section 20-2-200 regarding the impact of professional learning on student achievement. These programs shall also include in-service training programs on sexual abuse and assault awareness and prevention for professional personnel that will be providing instruction in annual age-appropriate sexual abuse and assault awareness and prevention education in kindergarten through grade nine pursuant to subsection (b) of Code Section 20-2-143. Records of attendance shall be maintained by local units of administration and shall be monitored by appropriate Department of Education staff."

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

Approved May 8, 2018.

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EDUCATION OUT OF SCHOOL SUSPENSION; REQUIRE CERTAIN SUPPORTS AND REVIEWS.

No. 450 (House Bill No. 740).

AN ACT

To amend Subpart 1A of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to improved student learning environment and discipline in elementary and secondary education, so as to require local school systems to conduct certain multi-tiered system of supports and reviews prior to expelling or assigning a student in preschool through third grade to out-of-school suspension for more than five consecutive or cumulative days during a school year; to provide for informed parental consent; to provide exceptions; 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 1A of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to improved student learning environment and discipline in elementary and secondary education, is amended by adding a new Code section to read as follows:
"20-2-742. (a) As used in this Code section, the term:
(1) 'Multi-tiered system of supports' or 'MTSS' means a systemic, continuous-improvement framework in which data based problem-solving and decision making is practiced across all levels of the educational system for supporting students at multiple levels of intervention. (2) 'Public preschool through third grade' means a public preschool, a Pre-K program in a public school administered pursuant to Code Section 20-1A-4, and kindergarten through third grade in a public school. (3) 'Response to intervention' or 'RTI' means a framework of identifying and addressing the academic and behavioral needs of students through a tiered system. (4) 'Weapon' shall include dangerous weapons, firearms, and hazardous objects as defined in Code Section 20-2-751. (b) No student in public preschool through third grade shall be expelled or suspended from school for more than five consecutive or cumulative days during a school year without first receiving a multi-tiered system of supports, such as response to intervention, unless such student possessed a weapon, illegal drugs, or other dangerous instrument or such student's behavior endangers the physical safety of other students or school personnel. If such student

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is receiving or has received a multi-tiered system of supports, the school shall be deemed to have met the requirements of this Code section. The school or program shall comply with all federal laws and requirements regarding obtaining parental consent during any advanced tier within the system of supports prior to certain screenings or evaluations. (c) In addition to the requirements in subsection (b) of this Code section, prior to assigning any student in preschool through third grade to out-of-school suspension for more than five consecutive or cumulative days during a school year, if such student has an Individualized Education Program (IEP) pursuant to the federal Individuals with Disabilities Education Act or a plan under Section 504 of the federal Rehabilitation Act of 1973, the school or program shall also convene an IEP or Section 504 meeting to review appropriate supports being provided as part of such Individualized Education Program or Section 504 plan."

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

Approved May 8, 2018.

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EDUCATION STATE GOVERNMENT STUDENT ATTENDANCE PROTOCOL COMMITTEES; EXPAND TO SCHOOL CLIMATE; SCHOOL SAFETY PLANS.

No. 451 (House Bill No. 763).

AN ACT

To amend Subpart 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, so as to expand the student attendance protocol committees to school climate; to provide for recommendations; to provide for periodic review of recommendations; to amend Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, so as to provide for coordination with local law enforcement agencies and the juvenile court system in school safety plans; to provide that school safety plans include minimum strategy areas; to revise provisions regarding funding assistance for security equipment; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required under the open records laws, so as to provide an exemption for school safety plans; 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. Subpart 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, is amended by revising Code Section 20-2-690.2, relating to the establishment of student attendance protocol committees, membership and protocol, summary of penalties for failure to comply, and reporting, as follows:
"20-2-690.2. (a) The chief judge of the superior court of each county shall establish a student attendance and school climate committee for such county. The purpose of the committee shall be to ensure coordination and cooperation among officials, agencies, and programs involved in compulsory attendance issues, to reduce the number of unexcused absences from school, to increase the percentage of students present to take tests which are required to be administered under the laws of this state, and to improve the school climate in each school. The chief judge is responsible for ensuring that all members of the committee are notified of their responsibility to the committee and shall call the first meeting of the committee in each county. The committee shall elect a chairperson and may elect other officers. (b) Each local board of education shall participate in, consider, and make publicly available, including, but not limited to, posting in a conspicuous location, its decision regarding the recommendations of the committee as provided in this Code section. Independent school systems may participate in the committee in the county where the system is located. Independent school systems whose geographic area encompasses more than one county may select one of such counties in which to participate. An independent school system that elects not to participate in the committee of the county where it is located shall request that the chief judge of the superior court of a county encompassed by its geographic area establish an independent student attendance and school climate committee in the same manner as established for the county school system. (c) Each of the following agencies, officials, or programs shall designate a representative to serve on the committee:
(1) The chief judge of the superior court; (2) The juvenile court judge or judges of the county; (3) The district attorney for the county; (4) The solicitor-general of state court, if the county has a state court; (5) The Department of Juvenile Justice, which may include representatives from area juvenile detention facilities as defined in Code Section 49-4A-1; (6) The superintendent, a certificated school employee, and a local school board member from each public school system in the county and a certificated school social worker from each public school system, if any are employed by the school system; (7) The sheriff of the county; (8) The chief of police of the county police department;

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(9) The chief of police of each municipal police department in the county; (10) The county department of family and children services; (11) The county board of health; (12) The county mental health organization; (13) The county Family Connection commission, board, or authority, or other county agency, board, authority, or commission having the duty and authority to study problems of families, children, and youth and provide services to families, children, and youth; and (14) The court approved community based risk reduction program established by the juvenile court in accordance with Code Section 15-11-38, if such a program has been established. (d) The committee thus established may appoint such additional members as necessary and proper to accomplish the purposes of the committee. (e)(1) Each committee shall, by June 1, 2005, adopt a written student attendance protocol for its county school system and for each independent school system within its geographic boundaries which shall be filed with the Department of Education. The protocol shall outline in detail the procedures to be used in identifying, reporting, investigating, and prosecuting cases of alleged violations of Code Section 20-2-690.1, relating to mandatory school attendance. The protocol shall outline in detail methods for determining the causes of failing to comply with compulsory attendance and appropriately addressing the issue with children and their parents or guardians. The protocol shall also include recommendations for policies relating to tardiness. The Department of Education shall provide model school attendance protocols, if requested by the committee. (2) A copy of the protocol shall be furnished to each agency, official, or program within the county that has any responsibility in assisting children and their parents or guardians in complying with Code Section 20-2-690.1. (3) The committee shall write the summary of possible consequences and penalties for failing to comply with compulsory attendance under Code Section 20-2-690.1 for children and their parents, guardians, or other persons who have control or charge of children for distribution by schools in accordance with Code Section 20-2-690.1. The summary of possible consequences for children shall include possible dispositions for children in need of services and possible denial of a driver's license for a child in accordance with Code Section 40-5-22. (f) The committee shall review and make recommendations for policies relating to school climate for the purpose of promoting positive gains in student achievement scores, student and teacher morale, community support, and student and teacher attendance, while decreasing student suspensions, expulsions, dropouts, and other negative aspects of the total school environment. Such review may include school climate ratings established pursuant to Code Section 20-14-33 for each school in the county school system and any independent school systems, if applicable. The committee may review, if available, nonidentifying data from student health surveys, data on environmental and behavioral indicators, data on student behavioral and school-based reactions, and teacher and parent survey instruments.

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The committee may recommend the use of positive behavioral interventions and supports and response to intervention, trauma informed care training, and the optimization of local resources through voluntary community, student, teacher, administrator, and other school personnel participation. (g) The chief judge of the superior court of each county shall ensure that the committee meets at least twice annually to evaluate compliance with the protocol, effectiveness of the protocol, and appropriate modifications and to review and revise, if necessary, recommendations relating to school climate. (h) Each local board of education shall report student attendance rates and aggregated student discipline data to the committee and the State Board of Education at the end of each school year, according to a schedule established by the State Board of Education."

SECTION 2. Article 27 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to loitering at or disrupting schools, is amended by revising Code Section 20-2-1185, relating to school safety plans, as follows:
"20-2-1185. (a) Every public school shall prepare a school safety plan to help curb the growing incidence of violence in schools, to respond effectively to such incidents, and to provide a safe learning environment for Georgia's children, teachers, and other school personnel. Such plan shall also address preparedness for natural disasters, hazardous materials or radiological accidents, acts of violence, and acts of terrorism. School safety plans of public schools shall be prepared with input from students enrolled in that school, parents or legal guardians of such students, teachers in that school, community leaders, other school employees and school district employees, and local law enforcement, juvenile court, fire service, public safety, and emergency management agencies. As part of such plans, public schools shall provide for the coordination with local law enforcement agencies and the local juvenile court system. School safety plans shall include, at a minimum, the following strategy areas:
(1) Training school administrators, teachers, and support staff, including, but not limited to, school resource officers, security officers, secretaries, custodians, and bus drivers, on school violence prevention, school security, school threat assessment, mental health awareness, and school emergency planning best practices; (2) Evaluating and refining school security measures; (3) Updating and exercising school emergency preparedness plans; (4) Strengthening partnerships with public safety officials; and (5) Creating enhanced crisis communications plans and social media strategies. School safety plans of private schools may be prepared with input from students enrolled in that school, parents or legal guardians of such students, teachers in that school, other school employees, and local law enforcement, fire service, public safety, and emergency management agencies. Such plans shall be reviewed and, if necessary, updated annually.

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Such plans of public schools shall be submitted to the local emergency management agency and the local law enforcement agency for approval. (b) A public school may request funding assistance from the state for facilities, technology, or other safety improvements or initiatives, such as the installation of safety equipment, including, but not limited to, video surveillance cameras, metal detectors, alarms, communications systems, building access controls, and other similar security devices. The Department of Education shall establish criteria that will be applied in reviewing funding requests pursuant to this subsection which shall take into consideration the physical security needs of the public school in evaluating how the school safety plan and funding request will support such physical security needs. Funding may be provided to a public school in accordance with a school safety plan prepared by the school and approved by the local board of education, the local law enforcement agency, the Department of Education, and the Georgia Emergency Management and Homeland Security Agency; provided, however, that a public school shall be required to match the state funding with local funds unless the school can demonstrate a substantial hardship. (c) School safety plans prepared by public schools shall address security issues in school safety zones as defined in Code Section 16-11-127.1. School safety plans should also address security issues involving the transportation of pupils to and from school and school functions when such transportation is furnished by the school or school system and school functions held during noninstructional hours. (d) The Georgia Emergency Management and Homeland Security Agency shall provide training and technical assistance to public school systems, and may provide this same training and technical assistance to private school systems and independent private schools throughout this state in the area of emergency management and safe school operations. This training and technical assistance shall include, but not be limited to, crisis response team development, site surveys and safety audits, crisis management planning, exercise design, safe school planning, emergency operations planning, search and seizure, bomb threat management, and model school safety plans. (e) Every public school shall conduct drills with students, teachers, and other school personnel on the execution of school safety plans in such form and at such intervals based upon guidance from the Georgia Emergency Management and Homeland Security Agency."

SECTION 3. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required under the open records laws, is amended by adding a new paragraph to subsection (a) to read as follows:
"(25.1) School safety plans prepared pursuant to Code Section 20-2-1185, whether in the possession of a local school system, a local law enforcement agency, a local emergency management agency, the Department of Education, the Georgia Emergency Management and Homeland Security Agency, or any other public entity;"

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

Approved May 8, 2018.

__________

LAW ENFORCEMENT OFFICERS AND AGENCIES RETENTION OF LICENSE PLATE DATA; SHARING OF DATA.

No. 452 (House Bill No. 79).

AN ACT

To amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding law enforcement officers and agencies, so as to prohibit law enforcement from retaining license plate data obtained from automated license plate recognition systems beyond a certain period; to provide for definitions; to provide for the exchange or sharing of data obtained from license plate recognition systems by law enforcement; to provide for criminal penalties for misuse of captured license plate data; to provide for 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. Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding law enforcement officers and agencies, is amended by adding a new Code section to read as follows:
"35-1-22. (a) As used in this Code section, the term:
(1) 'Automated license plate recognition system' means one or more high-speed cameras combined with computer algorithms used to convert images of license plates into computer readable data. (2) 'Captured license plate data' means the global positioning device coordinates, date and time, photograph, license plate number, and any other data captured by or derived from an automated license plate recognition system or any other source. (3) 'Law enforcement agency' means the Department of Public Safety, the Department of Transportation, and any other state, federal, local, public transit, school, college, or university agency that is responsible for the prevention and detection of crime, local

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government code enforcement, and the enforcement of penal, traffic, toll violation, regulatory, game, or controlled substance laws. (4) 'Law enforcement purpose' means the investigation of an offense or activity initiated by a law enforcement agency. (5) 'Person' means an individual, corporation, company, partnership, firm, association, joint venture, or any other unincorporated association or group. (b) Law enforcement agencies may collect captured license plate data. Such data shall be stored immediately upon collection and not accessed except for a law enforcement purpose. All such data collected shall be destroyed no later than 30 months after such data were originally collected unless such data are the subject matter of a toll violation or for a law enforcement purpose. (c) Law enforcement agencies may exchange or share captured license plate data with other law enforcement agencies for law enforcement purposes. (d)(1) Any person who knowingly requests, uses, obtains, or attempts to obtain captured license plate data of a law enforcement agency under false pretenses or for any purpose other than for a law enforcement purpose shall for each such offense, upon conviction thereof, be guilty of a misdemeanor of a high and aggravated nature. (2) Nothing in this Code section shall be construed to preclude a law enforcement agency from contracting with a person to hold and maintain captured license plate data for such law enforcement agency; provided, however, that such person shall be subject to the policies of the law enforcement agency and paragraph (1) of this subsection. (e) Any law enforcement agency deploying an automated license plate recognition system shall maintain policies for the use and operation of such system, including but not limited to policies for the training of law enforcement officers in the use of captured license plate data consistent with this Code section. (f) Captured license plate data collected by a law enforcement agency shall not be subject to public disclosure pursuant to Article 4 of Chapter 18 of Title 50."

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

Approved May 8, 2018.

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CONSERVATION AND NATURAL RESOURCES SOLID WASTE MANAGEMENT; DEFINITIONS.

No. 453 (House Bill No. 785).

AN ACT

To amend Code Section 12-8-22 of the Official Code of Georgia Annotated, relating to definitions relative to solid waste management, so as to modify certain definitions and enact new 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. Code Section 12-8-22 of the Official Code of Georgia Annotated, relating to definitions relative to solid waste management, is amended by revising paragraphs (26), (27), (33), (34), and (35) and by adding new paragraphs to read as follows:
"(9.1) 'Feedstock' means raw material that is used in a machine or industrial process." "(10.1) 'Gasification to fuels and chemicals' means a process through which recovered materials or other nonrecycled feedstock is heated and converted into a fuel-gas mixture in an oxygen-deficient atmosphere, and such mixture is converted into fuel, including ethanol and transportation fuel, chemicals, or other chemical feedstocks. (10.2) 'Gasification to fuels and chemicals facility' means a facility that collects, separates, stores, or converts nonrecycled feedstock into fuels, chemicals, or other valuable final or intermediate products using a gasification to fuels and chemicals process. Such term shall not include a waste handling facility or solid waste thermal treatment facility." "(20.1) 'Nonrecycled feedstock' means one or more of the following materials, derived from nonrecycled materials, that has been processed so that it may be used as a feedstock in a gasification to fuels and chemicals facility, but excluding coal refuse and scrap tires:
(A) Post-use plastics; or (B) Materials for which the Environmental Protection Agency has made a nonwaste determination under 40 C.F.R. Section 241.3(c) or that are otherwise determined not to constitute waste." "(22.1) 'Post-use plastics' means recovered plastics, derived from any source, that are not being used for their originally intended purpose and that might otherwise become waste if not processed at a pyrolysis or gasification to fuels and chemicals facility or recycled, and the term includes plastics that may contain incidental contaminants or impurities such as paper labels or metal rings."

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"(24.1) 'Pyrolysis' means a process through which post-use plastics are heated, in an oxygen-free environment, until melted and thermally decomposed, then cooled, condensed, and converted into oil, diesel, gasoline, home heating oil, or other liquid fuel; gasoline or diesel blendstock; chemicals or chemical feedstock; waxes or lubricants; or other similar raw materials or intermediate or final products. (24.2) 'Pyrolysis facility' means a facility that collects, separates, stores, or converts post-use plastics into fuels or other valuable final or intermediate products using a pyrolysis process. Pyrolysis facilities shall not be considered solid waste handling facilities or solid waste thermal treatment facilities." "(26) 'Recovered materials processing facility' means a facility engaged solely in the storage, processing, recycling, and resale or reuse of recovered materials. Such facility shall not be considered a solid waste handling facility; provided, however, that any solid waste generated by such facility shall be subject to all applicable laws and regulations relating to such solid waste. (27) 'Recycling' means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials, intermediates, or products which can be used as a substitute for products not derived by such processes." "(33) 'Solid waste' means any garbage or refuse; sludge from a waste-water treatment plant, water supply treatment plant, or air pollution control facility; and other discarded material including solid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and community activities, but does not include recovered materials; post-use plastics and nonrecycled feedstock that are subsequently processed using a pyrolysis or gasification to fuels and chemicals process; solid or dissolved materials in domestic sewage; solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. Section 1342; or source, special nuclear, or by-product material as defined by the federal Atomic Energy Act of 1954, as amended (68 Stat. 923). (34) 'Solid waste handling' means the storage, collection, transportation, treatment, utilization, processing, or disposal of solid waste or any combination of such activities, but does not include recovered materials processing or pyrolysis or gasification to fuels and chemicals processes, or the holding of post-use plastics or nonrecycled feedstock at a pyrolysis facility or gasification to fuels and chemicals facility prior to processing at the facility where those materials are being held to ensure production is not interrupted. (35) 'Solid waste handling facility' means any facility the primary purpose of which is the storage, collection, transportation, treatment, utilization, processing, or disposal, or any combination thereof, of solid waste, but does not include recovered materials processing facilities or pyrolysis or gasification to fuels and chemicals facilities."

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

Approved May 8, 2018.

__________

STATE GOVERNMENT IMPLEMENT RECOMMENDATIONS OF COURT REFORM COUNCIL.

No. 454 (House Bill No. 790).

AN ACT

To amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedure, so as to implement recommendations of the Court Reform Council to improve efficiencies and achieve best practices for the administration of justice; to revise a defined term; to provide administrative law judges with authority to issue final decisions; to provide for exceptions; to require agencies to forward a request for a hearing to the Office of State Administrative Hearings; to provide administrative law judges with the power to enforce subpoenas and sanction parties; to correct cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedure, is amended by revising paragraph (1) of Code Section 50-13-2, relating to definitions, as follows:
"(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board of Pardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board of Bar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities except as otherwise expressly provided by law; the State Personnel Board; the Department of Administrative Services or commissioner of administrative services; the Board of Regents of the University System of Georgia; the Technical College System of Georgia; the Nonpublic Postsecondary Education Commission; the Department of Labor when conducting hearings related to unemployment benefits or overpayments of unemployment benefits; the Department of Revenue when conducting hearings relating to alcoholic beverages, tobacco, or bona fide coin operated

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amusement machines or any violations relating thereto; the Georgia Tobacco Community Development Board; the Georgia Higher Education Savings Plan; the Georgia ABLE Program Corporation; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state. Such term shall include the State Board of Education and Department of Education, subject to the following qualifications:
(A) Subject to the limitations of subparagraph (B) of this paragraph, all otherwise valid rules adopted by the State Board of Education and Department of Education prior to January 1, 1990, are ratified and validated and shall be effective until January 1, 1991, whether or not such rules were adopted in compliance with the requirements of this chapter; and (B) Effective January 1, 1991, any rule of the State Board of Education or Department of Education which has not been proposed, submitted, and adopted in accordance with the requirements of this chapter shall be void and of no effect."

SECTION 2. Said chapter is further amended by revising Code Section 50-13-20.1, relating to judicial review of final decision in contested case issued by an administrative law judge, as follows:
"50-13-20.1. A petition for judicial review of a final decision in a contested case issued by an administrative law judge pursuant to subsection (c) of Code Section 50-13-41 shall be subject to judicial review in the same manner as provided in Code Section 50-13-19 except that the procedure and standard of judicial review specifically provided for an agency shall be applied and shall not be affected, altered, or changed by Article 2 of this chapter."

SECTION 3. Said chapter is further amended by revising Code Section 50-13-41, relating to hearing procedures, powers of administrative law judge, issuance of decision, and review, as follows:
"50-13-41. (a)(1) Whenever a state agency authorized by law to determine contested cases initiates or receives a request for a hearing in a contested case which is not presided over by the agency head or board or body which is the ultimate decision maker, the hearing shall be conducted by the Office of State Administrative Hearings, and such hearings shall be conducted in accordance with the provisions of this chapter and the rules and regulations promulgated under this article. Whenever an agency under this paragraph receives a request for a hearing in a contested case, such agency shall forward such request for a hearing to the Office of State Administrative Hearings within a reasonable period of time not to exceed 30 days after receipt of such request, and if the agency fails to do so, the party requesting the hearing may petition the Office of State Administrative Hearings for an order permitting such party to file a request for a hearing directly with the Office of State Administrative Hearings.

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(2) An administrative law judge shall have the power to do all things specified in paragraph (6) of subsection (a) of Code Section 50-13-13. An administrative law judge shall have the power to impose civil penalties pursuant to paragraph (3) of this subsection for failing to obey any lawful process or order of the administrative law judge or any rule or regulation promulgated under this article, for any indecorous or improper conduct committed in the presence of the administrative law judge, or for submitting pleadings or papers for an improper purpose or containing frivolous arguments or arguments that have no evidentiary support. The superior court of the county in which the violation is committed shall, on application of the administrative law judge or any party, enforce by proper proceedings any lawful process or order for civil penalties of the administrative law judge. (3) An administrative law judge may impose a civil penalty for any violation provided for in paragraph (2) of this subsection of not less than $100.00 nor more than $1,000.00 per violation. Any violator who is assessed a civil penalty may also be assessed the cost of collection. The administrative law judge shall have the power to issue writs of fieri facias to collect such penalties and costs assessed, which shall be enforced in the same manner as a similar writ issued by a superior court. All penalties and costs assessed shall be tendered and made payable to the Office of State Administrative Hearings and shall be deposited in the general fund of the state treasury. (b) An administrative law judge shall have all the powers of the ultimate decision maker in the agency with respect to a contested case. Article 2 of Chapter 13 of Title 24 shall govern the issuance of subpoenas issued under this article, except that the administrative law judge shall carry out the functions of the court, and the clerk of the Office of State Administrative Hearings shall carry out the functions of the clerk of the court. Subpoenas shall be enforced pursuant to subsection (a) of this Code section. Nothing in this article shall affect, alter, or change the ability of the parties to reach informal disposition of a contested case in accordance with paragraph (4) of subsection (a) of Code Section 50-13-13. (c) Within 30 days after the close of the record, an administrative law judge shall issue a decision to all parties in the case except when it is determined that the complexity of the issues and the length of the record require an extension of this period and an order is issued by an administrative law judge so providing. Every decision of an administrative law judge shall contain findings of fact, conclusions of law, and a disposition of the case. Except as provided in subsection (d) of this Code section, every decision of an administrative law judge shall be a final decision as set forth in subsection (b) of Code Section 50-13-17. Code Section 50-13-20.1 shall govern judicial review of every final decision of an administrative law judge, except that any aggrieved party, including the agency, may seek judicial review. (d)(1) As used in this subsection, the term 'reviewing agency' shall mean the ultimate decision maker in a contested case that is a constitutional board or commission; an elected constitutional officer in the executive branch of this state; or a board, bureau, commission, or other agency of the executive branch of this state created for the purpose of licensing

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or otherwise regulating or controlling any profession, business, or trade if members thereof are appointed by the Governor. (2) Except as otherwise provided in this article, in all contested cases referred by a reviewing agency, every decision of an administrative law judge shall be treated as an initial decision as set forth in subsection (a) of Code Section 50-13-17, including, but not limited to, the taking of additional testimony or remanding the case to the administrative law judge for such purpose. On review, the reviewing agency shall consider the whole record or such portions of it as may be cited by the parties. In reviewing initial decisions by the Office of State Administrative Hearings, the reviewing agency shall give due regard to the administrative law judge's opportunity to observe witnesses. If the reviewing agency rejects or modifies a proposed finding of fact or a proposed decision, it shall give reasons for doing so in writing in the form of findings of fact and conclusions of law. (3) A reviewing agency shall have a period of 30 days following the entry of the decision of the administrative law judge in which to reject or modify such decision. If a reviewing agency fails to reject or modify the decision of the administrative law judge within such 30 day period, then the decision of the administrative law judge shall stand affirmed by the reviewing agency by operation of law. (4) A reviewing agency may prior to the expiration of the review period provided for in paragraph (3) of this subsection extend such review period by order of the reviewing agency in any case wherein unusual and compelling circumstances render it impracticable for the reviewing agency to complete its review within such period. Any such order shall recite with particularity the circumstances which render it impracticable for the reviewing agency to complete its review within such review period. Any such extension by the reviewing agency shall not exceed 30 days. Prior to the expiration of the extended review period, the review period may be further extended by further order of the reviewing agency for one additional period not to exceed 30 days if unusual and compelling circumstances render it impracticable to complete the review within the extended review period. Such further order further extending the review period shall likewise recite with particularity the circumstances which render it impracticable for the reviewing agency to complete its review within the review period as previously extended. If a reviewing agency fails to reject or modify the decision of the administrative law judge within the extended review period, then the decision of the administrative law judge shall stand affirmed by the reviewing agency by operation of law. (5) An agency may provide by rule that proposed decisions in all or in specified classes of cases before the Office of State Administrative Hearings will become final without further agency action and without expiration of the 30 day review period otherwise provided for in this subsection."

SECTION 4. Said chapter is further amended by revising subsection (b) of Code Section 50-13-42, relating to applicability of article, as follows:

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"(b) This article shall apply to hearings conducted pursuant to Code Sections 45-20-8 and 45-20-9. The State Personnel Board may provide by rule that proposed decisions in all or in specified classes of cases before the Office of State Administrative Hearings will become final without further action by the board and without expiration of the 30 day review period otherwise provided for in subsection (d) of Code Section 50-13-41."

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

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

Approved May 8, 2018.

__________

SOCIAL SERVICES GEORGIA'S EMPLOYMENT FIRST ACT.

No. 455 (House Bill No. 831).

AN ACT

To amend Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to transfer of the Division of Rehabilitation Services to the Department of Labor, so as to establish the Employment First Georgia Council; to provide for legislative findings and declarations; to provide for membership, duties, terms of office, meeting requirements, committee appointments, compensation, and expense allowances; to provide for a biannual report to the Governor and the General Assembly; to provide for a short title; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as "Georgia's Employment First Act."

SECTION 2. The General Assembly finds and declares that competitive integrated employment, including self-employment, in the general workforce is the first and preferred option in the provision

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of publicly funded services for all working age citizens with disabilities, regardless of the level of disability.

SECTION 3. Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to transfer of the Division of Rehabilitation Services to the Department of Labor, is amended by adding a new article to read as follows:

"ARTICLE 3

49-9-50. As used in this article, the term:
(1) 'Competitive integrated employment' means work, including self-employment, in the labor market performed on a full-time or part-time basis in a setting in which an individual with a disability interacts with individuals without disabilities in all aspects of the job function and for which such individual with a disability is compensated at or above the level of salary and benefits paid by the employer for the same or similar work performed by individuals without disabilities. (2) 'Council' means the Employment First Georgia Council established pursuant to Code Section 49-9-51. (3) 'Disability' means a permanent physical, cognitive, or behavioral condition that significantly limits one or more functions of daily living.

49-9-51. (a) There is created the Employment First Georgia Council. The council shall be assigned to the Department of Human Services for administrative purposes only, as defined by Code Section 50-4-3; provided, however, that the Georgia Vocational Rehabilitation Agency shall provide staff and administrative and clerical functions for the council. (b) The Employment First Georgia Council shall be composed of 14 members as follows:
(1) The executive director of the Georgia Vocational Rehabilitation Agency or his or her designee, who shall serve as chairperson of the council; (2) The commissioner of the Department of Behavioral Health and Developmental Disabilities or his or her designee; (3) The Commissioner of Labor or his or her designee; (4) The commissioner of the Technical College System of Georgia or his or her designee; (5) The Chancellor of the Board of Regents of the University System of Georgia or his or her designee; (6) The State School Superintendent or his or her designee; (7) The executive director of the Georgia Council for Developmental Disabilities or his or her designee;

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(8) A representative of an association or other organization of community rehabilitation providers that assist individuals with disabilities in overcoming barriers to employment; (9) A representative of an association or other organization that provides supported employment and nonemployment day services to individuals with disabilities; (10) A representative from the business community; (11) An individual with an intellectual or developmental disability; (12) An individual with a physical disability; (13) An individual from the mental health community; and (14) A family member of an individual with a disability. (c) The members of the council in paragraphs (8) through (14) of subsection (b) of this Code section shall be residents of this state. Such members shall be appointed by the Governor and serve for a term of three years or until his or her successor is appointed and qualified. (d) If there is a vacancy on the council, such position shall be filled in the same manner as the original appointment. (e) The council shall annually elect from its membership a vice chairperson and such other officers as it deems appropriate. A majority of the members shall constitute a quorum at any meeting held by the council. The chairperson shall vote only to break a tie. (f) The council may conduct meetings at such places and times as it deems necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this chapter. The council shall hold meetings at the call of the chairperson, the executive director of the Georgia Vocational Rehabilitation Agency, or upon written request of a majority of the members. The council shall meet no less than four times each year. (g) Each member of the board shall be entitled to receive the compensation and allowances provided for in Code Section 28-1-8. Members of the council who are state officials or state employees shall receive no compensation for their services on the council, but may be reimbursed for expenses they incur in the performance of their duties as members of the council in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. (h) The chairperson may designate and appoint committees from among the membership of the council and may appoint nonmembers of the council to advisory committees to advise the council on the fulfillment of its duties. The members of the advisory committees shall not receive any per diem or reimbursements; provided, however, that such members shall be entitled to receive the mileage allowance provided for in Code Section 50-19-7 for the use of a personal car in connection with attendance at meetings called by the council. (i) The Georgia Vocational Rehabilitation Agency, with the concurrence of the council, shall have the authority to employ such administrative staff, consultants, subject matter experts, economists, budget analysts, data analysts, statisticians, and other individuals or organizations deemed appropriate and necessary to carry out the functions of the council within the limits of the appropriations made to the council.

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49-9-52. The purpose of the Employment First Georgia Council shall be to advise the Governor, General Assembly, and state agencies as to the adoption and integration of a policy that recognizes that competitive integrated employment, including self-employment, is the first and preferred option of all state funded services provided to working age individuals with disabilities. Such policy shall be known as the 'Employment First Policy' or 'Employment First.'

49-9-53. The council shall have the following powers, duties, and responsibilities to:
(1) Develop an Employment First training plan for providers of services to individuals with disabilities; (2) Coordinate and conduct with other state, federal, and private entities, as appropriate, educational activities to increase awareness of the Employment First Policy; (3) Evaluate the funding mechanism for services in the state for individuals with disabilities and for students attending inclusive postsecondary institutions; (4) Review and make recommendations in a biannual report to the Governor and the General Assembly with regard to issues and necessary steps surrounding the adoption and implementation of the Employment First Policy, including, but not limited to, the following:
(A) Proposed legislative or administrative changes to policies and programs that are integral to the full implementations of the Employment First Policy; (B) Proposed changes to or creation of funding mechanisms and other initiatives for services in the state for individuals with disabilities and for students attending inclusive postsecondary institutions; and (C) State-wide best practices to ensure that providers of services are facilitating competitive integrated employment in the workforce; and (5) Carry out any other functions assigned to the council by the Governor or by general law."

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

Approved May 8, 2018.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

ANIMALS EVIDENCE MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS PROFESSIONS AND BUSINESSES PRACTICE OF VETERINARY MEDICINE; COMPREHENSIVE REVISION.

No. 456 (House Bill No. 956).

AN ACT

To amend Chapter 1 of Title 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animals, so as to provide for consultation with a licensed and accredited Category II veterinarian employed by the Department of Agriculture or other agency of the state whose primary practice and responsibilities are food animal veterinary medicine prior to the filing of criminal charges for cruelty to animals in certain instances; to provide for a definition; to amend Article 4 of Chapter 12 of Title 24 of the Official Code of Georgia Annotated, relating to medical and other confidential information, so as to provide an exception for confidentiality of certain medical information of animals within a veterinarian's care; to amend Chapter 50 of Title 43 of the Official Code of Georgia Annotated, relating to veterinarians and veterinary technicians, so as to change certain provisions relating to definitions relative to such chapter; to change certain provisions relating to exemptions from licensing and registration requirements; to change certain provisions relating to veterinary technicians; to provide for legislative purpose; to authorize the practice of veterinary technology by veterinary technicians under certain circumstances; to change certain provisions relating to application for license as a licensed veterinary technician, and responsibility of the State Board of Veterinary Medicine; to change certain provisions relating to scheduling and administration of examinations, reexamination, and reactivation; to change certain provisions relating to supervision required and prohibited activities of technicians; to change certain provisions relating to posting notice of use of veterinary technicians, proper identification, limitation on number of technicians supervised and employed, and exceptions; to change certain provisions relating to veterinarian responsibility for veterinary technician's violations of duties; to authorize the practice of veterinary technology by veterinary assistants under certain circumstances; to provide for supervision and utilization of veterinary assistants; to provide for posting notice of use of veterinary assistants and proper identification; to provide for authority to enact rules and regulations; to amend Article 4 of Chapter 12 of Title 24 of the Official Code of Georgia Annotated, relating to medical and other confidential information, so as to provide an exception for confidentiality of certain medical information of animals within a veterinarian's care; to amend Article 11 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs generally, so as to revise a cross-reference; 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 4 of the Official Code of Georgia Annotated, relating to general provisions relative to animals, is amended by adding a new Code section to read as follows:
"4-1-7. Prior to the filing of criminal charges for a violation under Code Section 16-12-4 with regard to conduct involving animal husbandry of food animals, a law enforcement officer shall consult with a licensed and accredited Category II veterinarian employed by the department or other agency of the State of Georgia whose primary practice and responsibilities are food animal veterinary medicine to confirm whether or not such conduct is in accordance with customary and standard practice. For purposes of this Code section, the term 'food animal' means any animal that is raised for the production of an edible product intended for consumption by humans or is itself intended for consumption by humans. Such term shall include, but is not limited to, eggs, beef or dairy cattle, swine, sheep, goats, poultry, nonornamental fish, and any other animal designated by such veterinarian as a food animal."
SECTION 2. Article 4 of Chapter 12 of Title 24 of the Official Code of Georgia Annotated, relating to medical and other confidential information, is amended by revising Code Section 24-12-31, relating to confidential nature of veterinarian records, as follows:
"24-12-31. (a) No veterinarian licensed under Chapter 50 of Title 43 shall be required to disclose any information concerning the veterinarian's care of an animal except on written authorization or other waiver by the veterinarian's client or on appropriate court order or subpoena. Any veterinarian releasing information under written authorization or other waiver by the client or under court order or subpoena shall not be liable to the client or any other person. The confidentiality provided by this Code section shall be waived to the extent that the veterinarian's client places the veterinarian's care and treatment of the animal or the nature and extent of injuries to the animal at issue in any judicial proceeding. As used in this Code section, the term 'client' means the owner of the animal or, if the owner of the animal is unknown, the person who presents the animal to the veterinarian for care and treatment. (b) Notwithstanding the provisions of subsection (a) of this Code section, a veterinarian shall disclose the rabies vaccination history of any animal within such veterinarian's care within 24 hours of receipt of a written request by the physician of any person bitten by such animal."

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SECTION 3. Chapter 50 of Title 43 of the Official Code of Georgia Annotated, relating to veterinarians and veterinary technicians, is amended by revising said chapter to read as follows:

"CHAPTER 50 ARTICLE 1

43-50-1. This chapter shall be known and may be cited as the 'Georgia Veterinary Practice Act.'

43-50-2. It is the purpose of this chapter to promote, preserve, and protect the public health, safety, and welfare of the people of this state by and through the effective control and regulation of persons who are licensed veterinarians and licensed veterinary technicians in this state; to provide a uniform state-wide regulatory scheme to be enforced by the board through the Georgia Veterinary Practice Act; and to provide the board with oversight of the persons practicing veterinary medicine within this state.

43-50-3. As used in this chapter, the term:
(1) 'Accredited college or school of veterinary medicine' means any veterinary college or school or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent and that conforms to the standards required for accreditation by the American Veterinary Medical Association Council on Education or its successor organization. (2) 'Accredited program in veterinary technology' means any postsecondary educational program of two or more academic years that has fulfilled the essential criteria established by the Committee on Veterinary Technician Education and Activities and approved by the American Veterinary Medical Association or its successor organization. (3) 'Animal' means any animal other than human and includes fowl, birds, fish, and reptiles, wild or domestic, living or dead. (4) 'Animal patient' means an animal or group of animals examined or treated by a licensed veterinarian. (5) 'Animal shelter' means a public or private humane society, animal shelter, society for the prevention of cruelty to animals, animal protection or control agency, rescue group, or other similar organization, that provides shelter and care for homeless animals. (6) 'Approved program of continuing education' means an educational program approved by the board or offered by an approved provider of continuing education. (7) 'Approved provider of continuing education' means any individual, university, or college, or other entity that has met the requirements of the board to provide educational

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courses that are designed to assure continued competence in the practice of veterinary medicine or veterinary technology. (8) 'Board' means the State Board of Veterinary Medicine. (9) 'Client' means a person who has engaged the service of a licensed veterinarian for the care of an animal within their scope of control as an owner or caretaker of such animal. (10) 'Complementary, alternative, and integrative therapies' means a heterogeneous group of preventive, diagnostic, and therapeutic philosophies and practices that include, but are not limited to, veterinary acupuncture, acutherapy, and acupressure; veterinary homeopathy; veterinary manual or manipulative therapy; veterinary nutraceutical therapy; and veterinary phytotherapy. (11) 'Consultation' means the act of a licensed veterinarian receiving advice in person, telephonically, electronically, or by any other method of communication from a veterinarian licensed in this or any other state or other person whose expertise, in the opinion of the licensed veterinarian, may benefit an animal patient. (12) 'Continuing education' means training which is designed to assure continued competence in the practice of veterinary medicine or veterinary technology. (13) 'Direct supervision' means oversight by a licensed veterinarian located on the same premises where an animal is being treated, who is quickly and easily available. (14) 'ECFVG certificate or its substantial equivalent' means a certificate issued by the American Veterinary Medical Association Educational Commission for Foreign Veterinary Graduates or its successor organization indicating the holder has demonstrated knowledge and skill equivalent to that possessed by a graduate of an accredited college of veterinary medicine. (15) 'Extralabel use' means the actual use or intended use of a drug in an animal in a manner that is not in accordance with the approved labeling. This includes, but is not limited to, use in species not listed in the labeling; use for indications, disease, or other conditions not listed in the labeling; use at dosage levels, frequencies, or routes of administration other than those stated in the labeling; and deviation from the labeled withdrawal time based on such different uses. (16) 'Food animal' means any animal that is raised for the production of an edible product intended for consumption by humans or is itself intended for consumption. Such term shall include, but is not limited to, eggs, cattle, beef or dairy, swine, sheep, goats, poultry, nonornamental fish, and any other animal designated by the veterinarian as a food animal. (17) 'Immediate supervision' means oversight by a licensed veterinarian located in the immediate area and within audible and visual range of the animal patient and the person treating the animal patient. (18) 'Indirect supervision' means oversight by a licensed veterinarian not required to be on the premises but when such licensed veterinarian has given either written or oral instructions for the treatment of the animal patient and is readily available by telephone or other forms of immediate communication.

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(19) 'Informed consent' means the veterinarian has presented treatment options, and made reasonable efforts to inform the client, verbally or in writing, of the diagnostic and treatment options, risk assessment, and prognosis, which are appropriate and probable for the case in the veterinarian's judgment following the standard of care, which the veterinarian agrees to provide and the client consents to have performed. (20) 'Licensed veterinarian' means a person who is validly and currently licensed to practice veterinary medicine in this state. (21) 'Livestock' means farm animals, animals that produce tangible personal property for sale, or animals that are processed, manufactured, or converted into articles of tangible personal property for sale or consumption. The term does not include living animals that are commonly regarded as domestic pets or companion animals. (22) 'Mobile veterinary clinic' means a mobile unit in which veterinary services are provided to an animal that is treated inside the mobile unit. The term does not include the use of a motor vehicle by a veterinarian to travel to treat the client's animal or the use of a motor vehicle for animal ambulatory practice. (23) 'PAVE certificate or its substantial equivalent' means a certificate issued by the American Association of Veterinary State Boards or its successor organization indicating the holder has demonstrated knowledge and skill equivalent to that possessed by a graduate of an accredited college of veterinary medicine. (24) 'Person' means any individual, firm, partnership, limited liability company, association, joint venture, cooperative, and corporation or any other group or combination acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, member, director, officer, or any other representative of such person. (25) 'Practice veterinary medicine' or 'practice of veterinary medicine' means:
(A) To diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental conditions, including the prescribing, administration, or dispensing of any prescription drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique on, for, or to any animal, including, but not limited to, the use of complementary, alternative, and integrative therapies, animal dentistry, manual or mechanical adjustment procedures, physical therapy, rehabilitation, surgery, diagnostic veterinary pathology, any manual, mechanical, biological, or chemical procedure used for pregnancy testing or for correcting sterility or infertility, or to render advice or recommendations with regard to any of the above; but not including such administration or dispensing pursuant to prescription or direction of a licensed veterinarian;
(B)(i) To apply or use any instrument or device on any portion of an animal's tooth, gum, or any related tissue for the prevention, cure, or relief of any wound, fracture, injury, disease, or other condition of an animal's tooth, gum, or related tissue.

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(ii) To engage in preventive dental procedures on animals, including, but not limited to, the removal of calculus, soft deposits, plaque, or stains or the smoothing, filing, or polishing of tooth surfaces. (iii) Nothing in this subparagraph shall prohibit any person from utilizing cotton swabs, gauze, dental floss, dentifrice, toothbrushes, or similar items to clean an animal's teeth; (C) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in subparagraphs (A) and (B) of this paragraph; (D) To use any title, words, abbreviation, or letters in a manner or under circumstances which induce the belief that the person using them is legally authorized or qualified to perform an act included in this paragraph. Such use shall be evidence of the intention to represent oneself as engaged in the practice of veterinary medicine; (E) To apply principles of environmental sanitation, food inspection, environmental pollution control, zoonotic disease control, and disaster medicine in the promotion and protection of public health as it specifically relates to animals. This subparagraph shall apply only to licensed veterinarians and not to other qualified persons; (F) To collect blood or other samples for the purpose of diagnosing diseases or related conditions. This subparagraph shall not apply to unlicensed professionals employed by or under contract with the United States Department of Agriculture or the Georgia Department of Agriculture who are engaged in their official duties; or (G) To administer a rabies vaccination to any animal that the state requires to be vaccinated. (26) 'Practice veterinary technology' or 'veterinary technology' means: (A) To perform animal patient care or other services that require a technical understanding of veterinary medicine by a licensed veterinary technician on the basis of written or oral instruction of a licensed veterinarian, excluding diagnosing, prognosing, performing surgery, prescribing, or dispensing; (B) To represent, directly or indirectly, publicly or privately, an ability and willingness to engage in any act described in subparagraph (A) of this paragraph; or (C) To use any title, words, abbreviation, or letters, while engaged in the practice of licensed veterinary technology, in a manner or under circumstances that induce the belief that the person using them is qualified to engage in an act included in subparagraph (A) of this paragraph. (27) 'Prescription drug' includes any medicine, medication, or pharmaceutical or biological product whose manufacturer's label must, pursuant to federal or state law, have the following statement printed on its packaging: 'Federal law restricts this drug to use by or on the order of a licensed veterinarian'; or any over-the-counter product that is used in a manner different from the label directions and that by definition requires a valid veterinarian-client-patient relationship for prescribing or dispensing. (28) 'Veterinarian' means a person who has received a doctorate degree in veterinary medicine from a college or school of veterinary medicine.

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(29) 'Veterinarian-client-patient relationship' means that: (A) The licensed veterinarian has assumed the responsibility for making medical judgments regarding the health of the animal and the need for medical treatment, and the client has given informed consent for services provided by the licensed veterinarian; (B) There is sufficient knowledge of the animal by the licensed veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal. This means that the licensed veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by the virtue of examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept or by medically appropriate and timely visits by the licensed veterinarian to premises within an operation or production system where the animal or groups of animals are kept; (C) A licensed veterinarian is readily available for follow up care or consultation or has arranged for: (i) Veterinary emergency coverage; and (ii) Continuing care and treatment by another licensed veterinarian, including providing a copy of associated records during normal business hours; and (D) The licensed veterinarian develops and maintains appropriate medical records.
(30) 'Veterinary assistant' means a person who has been delegated by a licensed veterinarian to engage in certain aspects of the practice of veterinary technology but is not licensed by the board for such purpose. (31) 'Veterinary facility' means any premises owned or operated by a veterinarian or his or her employer where the practice of veterinary medicine occurs, including but not limited to veterinary hospitals, clinics, or mobile clinics; provided, however, that such term does not include a client's private property where a licensed veterinarian treats the client's animals.
(32)(A) 'Veterinary feed directive' means a written statement issued by a licensed veterinarian in the course of the veterinarian's professional practice that orders the use of a VFD drug or combination VFD drug in or on animal feed. This written statement authorizes the client to obtain and use animal feed bearing or containing a VFD drug or combination VFD drug to treat such animals only in accordance with the conditions for use approved, conditionally approved, or indexed by the United States Food and Drug Administration. (B) As used in this paragraph, the term:
(i) 'Combination VFD' means a combination new animal drug, as defined in Section 514.4(c)(1)(i) of the Federal Food, Drug, and Cosmetic Act, intended for use in or on animal feed which is limited by an approved application filed under Section 512(b) of the Federal Food, Drug, and Cosmetic Act, a conditionally approved application filed under Section 571 of the Federal Food, Drug, and Cosmetic Act, or an index listing under Section 572 of the Federal Food, Drug, and Cosmetic Act to use under the professional supervision of a licensed veterinarian, and at least one of the new animal drugs in the combination is a VFD drug. Use of animal feed bearing or

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containing a combination VFD drug must be authorized by a lawful veterinary feed directive. (ii) 'VFD drug' means a drug intended for use in or on animal feed which is limited by an approved application filed pursuant to Section 512(b) of the Federal Food, Drug, and Cosmetic Act, a conditionally approved application filed pursuant to Section 571 of the Federal Food, Drug, and Cosmetic Act, or an index listing under Section 572 of the Federal Food, Drug, and Cosmetic Act, to use under the professional supervision of a licensed veterinarian. Use of animal feed bearing or containing a VFD drug must be authorized by a lawful veterinary feed directive. (33) 'Veterinary technician' means a licensed person who engages in the practice of veterinary technology and on the basis of his or her qualifications is validly and currently licensed by the board for such purpose. (34) 'Veterinary technology' means the science and art of providing certain aspects of professional medical care and treatment for animals and the practice of veterinary medicine as may be delegated and supervised by a licensed veterinarian and performed by a person who is not a licensed veterinarian.

ARTICLE 2

43-50-20. (a) There shall be a State Board of Veterinary Medicine, the members of which shall be appointed by the Governor with the approval of the Secretary of State and confirmation by the Senate. The board shall consist of six members, each appointed for a term of five years or until his or her successor is appointed. Five members of the board shall be duly licensed veterinarians actually engaged in active practice for at least five years prior to appointment. The sixth member shall be appointed from the public at large and shall in no way be connected with the practice of veterinary medicine. Those members of the State Board of Veterinary Medicine serving on July 1, 2003, shall continue to serve as members of the board until the expiration of the term for which they were appointed. Thereafter, successors to such board members shall be appointed in accordance with this Code section. A majority of the board shall constitute a quorum. (b) Vacancies due to death, resignation, removal, or otherwise shall be filled for the remainder of the unexpired term in the same manner as regular appointments. No person shall serve two consecutive five-year terms, but a person appointed for a term of less than five years may succeed himself or herself. (c) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (d) Any member of the board may be removed by the Governor after a hearing by the board determines cause for removal. (e) The board shall meet at least once each year at the time fixed by the board. Other necessary meetings may be called by the president of the board by giving such notice as

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shall be established by the board. Meetings shall be open and public except that the board may meet in closed session as set forth in Code Section 50-14-3. (f) At its annual meeting, the board shall organize by electing a president and such other officers as may be required by the board. Officers of the board serve for terms of one year and until a successor is elected, without limitation on the number of terms an officer may serve. The president shall chair the board meetings.

43-50-21. (a) The board shall have the power to:
(1) Examine and determine the qualifications and fitness of applicants for licenses to practice veterinary medicine and veterinary technology in this state; (2) Issue, renew, refuse to renew, deny, suspend, or revoke licenses to practice veterinary medicine or veterinary technology in this state or otherwise discipline licensed veterinarians and licensed veterinary technicians; and to issue, renew, deny, suspend, or revoke veterinary faculty licenses, consistent with this chapter and the rules and regulations adopted under this chapter; (3) Conduct investigations for the purpose of discovering violations of this chapter or grounds for disciplining persons licensed under this chapter; (4) Inspect veterinary premises and equipment, including mobile veterinary clinics, at any time in accordance with protocols established by rule of the board; (5) Hold hearings on all matters properly brought before the board; and, in connection therewith, to administer oaths, receive evidence, make the necessary determinations, and enter orders consistent with the findings. The board may designate one or more of its members to serve as its hearing officer; (6) Appoint from its own membership one member to act as a representative of the board at any meeting within or outside the state where such representative is deemed desirable; (7) Bring proceedings in the courts for the enforcement of this chapter or any regulations made pursuant to this chapter; (8) Adopt, amend, or repeal all rules necessary for its government and all regulations necessary to carry this chapter into effect, including without limitation the establishment and print or electronic publication of standards of professional conduct for the practice of veterinary medicine and veterinary technology; and (9) Establish and publish annually a schedule of fees for licensing. (b) The powers enumerated in subsection (a) of this Code section are granted for the purpose of enabling the board to supervise effectively the practice of veterinary medicine and veterinary technology and are to be construed liberally to accomplish these objectives.

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ARTICLE 3 Part 1

43-50-30. (a) No person may practice veterinary medicine in this state who is not a licensed veterinarian or the holder of a valid temporary license issued by the division director pursuant to this article. (b) A licensed veterinarian may practice veterinary medicine as an employee of a corporation, partnership, or other business organization, provided that the licensed veterinarian is not subject to the direction of anyone not licensed to practice veterinary medicine in Georgia in making veterinary medical decisions or judgments.

43-50-31. (a) Any person desiring a license to practice veterinary medicine in this state shall make application to the board. The application shall include evidence, satisfactory to the board, that:
(1) The applicant has attained the age of 18; (2) The applicant is of good moral character; (3) The applicant is a graduate of an accredited college or a school of veterinary medicine accredited by the American Veterinary Medical Association Council on Education or possesses an ECFVG or PAVE certificate or substantial equivalent; (4) The applicant has passed a board approved examination; provided, however, that the board may provide by rule or regulation for a waiver of any part of such examination for veterinarians who are licensed as such by another state and who are in good standing therewith; and (5) The applicant meets such other qualifications or provides such other information as the board may require by rule. (b) The application shall be accompanied by a fee in the amount established by the board. (c) The division director shall record the new licenses and issue to the new licensees. (d) If an applicant is found not qualified for licensure, the board shall notify the applicant in writing of such finding and the grounds therefor. Such applicant may request a hearing before the board on the questions of his or her qualifications.

Part 2

43-50-40. (a) All licenses under this article shall be renewable biennially. (b) Any person who shall practice veterinary medicine or veterinary technology after the expiration of his or her license and willfully or by neglect fail to renew such license shall be practicing in violation of this article, provided that any person may renew an expired license within the period established by the division director in accordance with Code

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Section 43-1-4 by making application for renewal and paying the applicable fees. After the time period has elapsed, such license may be reinstated in accordance with the rules of the board. (c) The board may, by rule, waive the continuing education requirements and the payment of the renewal fee of a licensed veterinarian or licensed veterinary technician during the period when he or she is on active duty with any branch of the armed forces of the United States.
(d)(1) The board shall establish continuing professional veterinary medical education requirements for the renewal of veterinary licenses. Notwithstanding any other provision of this article, no license to practice veterinary medicine or veterinary technology shall be renewed by the board or the division director until the licensee submits to the board satisfactory proof of his or her participation, during the biennium preceding his or her application for renewal, in approved programs of continuing education, as defined in this Code section. The amount of continuing veterinary medical education required of licensees per biennium by the board under this paragraph shall not be less than 30 hours for veterinarians and not be less than ten hours for veterinary technicians and shall be established by board rule. (2) Continuing professional veterinary medical education shall consist of educational programs providing training pertinent to the practice of veterinary medicine and veterinary technology and approved by the board under this Code section. The board may approve educational programs for persons practicing veterinary medicine or veterinary technology in this state on a reasonable nondiscriminatory fee basis and may contract with institutions of higher learning, professional organizations, or qualified persons for the provision of approved programs. In addition to such programs, the board may allow the continuing education requirement to be fulfilled by the completion of approved distance learning courses, with the number of hours being established by board rule. (3) The board may, consistent with the requirements of this Code section, promulgate rules and regulations to implement and administer this Code section, including the establishment of a committee to prescribe standards and approve and contract for educational programs. (e) The board shall provide by regulation for an inactive status license for those persons who elect to apply for such status. Persons who are granted inactive status shall not engage in the practice of veterinary medicine or veterinary technology and shall be exempt from the requirements of continuing veterinary medical education during such inactivity.

43-50-41. (a) The board is authorized to refuse to grant a license to an applicant, to suspend or revoke the license of a person licensed by the board, or to discipline a person licensed under this chapter or any antecedent law, upon a finding by a majority of the entire board that the licensee or applicant has:

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(1) Failed to demonstrate the qualifications or standards for a license contained in this chapter or in the rules and regulations issued by the board, pursuant to specific statutory authority. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he or she meets all the requirements for the issuance of a license and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if he or she so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of veterinary medicine or veterinary technology on any document connected therewith; practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice veterinary medicine or veterinary technology; or made a false statement or deceptive biennial renewal with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony without regard to its designation elsewhere. As used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
(A) A plea of nolo contendere was entered to the charge; (B) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (C) An adjudication or sentence was otherwise withheld or not entered on the charge. The plea of nolo contendere or the order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42 or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had his or her license to practice veterinary medicine or veterinary technology revoked, suspended, or annulled by any lawful licensing veterinary medical authority other than the board; had other disciplinary action taken against him or her by any lawful licensing or registering veterinary medical authority other than the board; was denied a license by any lawful licensing veterinary medical authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a license by any lawful licensing veterinary medical authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which materially affects the fitness of the licensee or applicant to practice veterinary medicine or veterinary technology, or is of a nature likely to jeopardize the interest of the public, and which need not have resulted in actual injury or be directly related to the practice of veterinary medicine or veterinary technology but shows that the licensee or applicant has committed any act or omission which is indicative

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of bad moral character or untrustworthiness. Unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing veterinary medical practice or veterinary technology practice. Unprofessional conduct shall also include, but not be limited to, the failure to keep veterinary facility premises and equipment in a clean and sanitary condition; dishonesty or gross negligence in the inspection of foodstuffs or the issuance of health or inspection certificates; or cruelty to animals; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose license has been suspended or revoked by the board to practice veterinary medicine or veterinary technology or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board; (8) Violated a statute, law, or any rule or regulation of this state, any other state, the board, the United States, or any other lawful authority without regard to whether the violation is criminally punishable, which relates to or in part regulates the practice of veterinary medicine or veterinary technology, when the licensee or applicant knows or should know that such action violates such statute, law, rule, or regulation; or violated the lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction within or without this state. Any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; (10) Displayed an inability to practice veterinary medicine or veterinary technology with reasonable skill and safety to animal patients or has become unable to practice veterinary medicine or veterinary technology with reasonable skill and safety to animal patients by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material; as a result of any mental or physical condition; or by reason of displaying habitual intoxication, addiction to, or recurrent personal misuse of alcohol, drugs, narcotics, chemicals, or any other type of similar substances. In enforcing this paragraph, the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by physicians designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute. Every person who shall accept the privilege of practicing veterinary medicine or veterinary technology in this state or who shall file an application for a license to practice veterinary medicine or veterinary technology in this state shall be deemed to have given that person's consent to submit to such mental or physical examination and to have waived all objections to the admissibility of the results in any hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure is due to

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circumstances beyond his or her control, the board may enter a final order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing veterinary medicine or veterinary technology under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that such person can resume or begin the practice of veterinary medicine or veterinary technology with reasonable skill and safety to animal patients; (11) Failed to register with the division director as required by law. It shall be the duty of every licensee to notify the board of any change in his or her address of record with the board; provided, however, that, for a period established by the division director after failure to register, a license may be reinstated by payment of a registration fee to be determined by the board by rule and by filing of a special application therefor. After this period has elapsed, a license may be revoked for failure to register and for failure to pay the fee as provided by law; (12) Engaged in the excessive prescribing or administering of drugs or treatment or the use of diagnostic procedures which are detrimental to the animal patient as determined by the customary practice and standards of the local community of licensees; knowingly prescribed controlled drug substances or any other medication without a legitimate veterinary medical purpose; or knowingly overprescribed controlled drug substances or other medication, in light of the condition of the animal patient at the time of prescription; (13) Knowingly made any fraudulent, misleading, or deceptive statement in any form of advertising or made any statement in any advertisement concerning the quality of the veterinary services rendered by that licensed veterinarian or any licensed veterinarian associated with him or her, or the qualifications of said veterinarian. For purposes of this paragraph, the term 'advertising' shall include any information communicated in a manner designed to attract public attention to the practice of the licensee; (14) Used, prescribed, or sold any veterinary prescription drug or prescribed an extralabel use of any drug in the absence of a valid veterinarian-client-animal patient relationship; or (15) Has had his or her United States Drug Enforcement Administration privileges restricted or revoked. (b) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' with respect to emergency action by the board and summary suspension of a license or registration are adopted and incorporated by reference into this chapter. (c) For purposes of this Code section, the board may obtain, and is authorized to subpoena, upon reasonable grounds, any and all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hearing before the board. (d) When the board finds that any person is unqualified to be granted a license or finds that any person should be disciplined pursuant to subsection (a) of this Code section, the board may take any one or more of the following actions: (1) Refuse to grant or renew a license to an applicant;

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(2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to anyone other than the person reprimanded; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Limit or restrict any license as the board deems necessary for the protection of the public; (5) Revoke any license; or (6) Condition the penalty upon, or withhold formal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct. (e) In addition to and in conjunction with the actions described in subsection (d) of this Code section, the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty; or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee on probation, which may be vacated upon noncompliance with such reasonable terms as the board may impose. (f) Initial judicial review of a final decision of the board shall be had solely in the superior court of the county of domicile of the board. (g) In its discretion, the board may reinstate a license which has been revoked or issue a license which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this chapter. (h)(1) The division director is authorized to make, or cause to be made through employees or contract agents of the board, such investigations as he or she or the board may deem necessary or proper for the enforcement of the provisions of this chapter. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The division director or his or her appointed representative may issue subpoenas to compel such access upon a determination that reasonable grounds exist for the belief that a violation of this chapter or any other law relating to the practice of veterinary medicine or veterinary technology may have taken place. (2) The results of all investigations initiated by the board shall be reported solely to the board, and the records of such investigations shall be kept for the board by the division director, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board, for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority. (3) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant. (i) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee

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or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice as a licensed veterinarian or licensed veterinary technician or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, before the board in any proceeding involving the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice as a licensed veterinarian or licensed veterinary technician shall be immune from civil and criminal liability for so testifying. (j) Neither a denial of a license on grounds other than those enumerated in subsection (a) of this Code section nor the issuance of a private reprimand nor the denial of a license by endorsement nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notice and hearing within the meaning of Chapter 13 of Title 50 shall not be required, but the applicant or licensee shall be allowed to appear before the board if he or she so requests. (k) If any licensee or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served upon the licensee or applicant by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is returned marked 'unclaimed' or 'refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the division director shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the division director shall be deemed to be service upon the licensee or applicant. (l) The voluntary surrender of a license shall have the same effect as a revocation of the license, subject to reinstatement in the discretion of the board. (m) This Code section shall apply equally to all licensees or applicants whether persons, partners, or members of any other incorporated or unincorporated associations, corporations, or other associations of any kind whatsoever. (n) All subpoenas issued pursuant to the authority granted in this chapter shall be subject to the general rules of law with respect to distance, tender of fees and expenses, and protective orders; and any motion made with respect thereto shall be made to and passed on by a judge of the superior court of the county of residence of the person to whom the subpoena is directed. (o) Any proceeding or administrative action instituted under this Code section shall be governed by the provisions of this Code section as they existed in full force and effect on

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the date of the commission of the act or acts constituting a violation of this Code section, except as otherwise specifically declared by the General Assembly.

43-50-42. (a) Pursuant to Code Section 43-1-34, the board may issue a temporary license to military spouses and transitioning service members. (b) The temporary license shall expire on the date that permanent licenses are issued to persons who have passed the examination, which examination occurred immediately following the issuance of the temporary license. (c) A temporary license issued pursuant to this Code section may, in the discretion of the board, be renewed for one six-month period only; provided, however, that no temporary license shall be issued, renewed, or reissued to a person who fails to pass the examination established by the board.

43-50-43. The board may, in its discretion, issue a veterinary faculty license to any qualified applicant associated with one of this state's institutions of higher learning and involved either in research activities within such institution or in the instructional program of either undergraduate or graduate veterinary medical students, subject to the following conditions:
(1) That the holder of the veterinary faculty license shall be remunerated for the practice aspects of his or her services solely from state, federal, or institutional funds and not from the animal patient-owner beneficiary of his or her practice efforts; (2) That the holder of the veterinary faculty license shall practice solely at the institution of higher learning or in an educational or research program outside the institution but associated with the institution; (3) That the license issued under this Code section may be revoked or suspended or the licensee may be otherwise disciplined in accordance with Code Section 43-50-41; and (4) That the license issued under this Code section may be canceled by the board upon receipt of information that the holder of the veterinary faculty license has left or has otherwise been discontinued from faculty employment at an institution of higher learning of this state.

43-50-44. This article shall not be construed to prohibit:
(1)(A) An employee of the federal, state, or local government or any contractual partner thereof from performing his or her duties relating to animals owned by, on loan to, or under the control of such employer or the control of stray animals; or (B) Any employee of a public or private college or university from performing his or her duties relating to animals owned by or on loan to such employer;

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(2)(A) A person who is a regular student in a veterinary school or school of veterinary technology performing duties or actions assigned by his or her instructors or working under the supervision of a licensed veterinarian; (B) A member of the faculty, a resident, an intern, or a graduate student of an accredited college or school of veterinary medicine or school of veterinary technology performing his or her regular clinical or nonclinical functions or a person lecturing or giving instructions or demonstrations at an accredited college or school of veterinary medicine or school of veterinary technology in connection with a continuing education course or seminar; (C) A graduate of a foreign college or school of veterinary medicine who is in the process of obtaining the ECFVG or PAVE certificate or substantial equivalent performing duties or actions under the direct supervision of a licensed veterinarian; (3) Any person, compensated or otherwise, from performing current acceptable livestock and food animal management practices, including, but not limited to, castration of food animals, dehorning without the use of prescription drugs or surgical closure of wounds, hoof trimming or shoeing, docking, ear notching, removing needle teeth, testing for pregnancy, implantation of over-the-counter growth implants, implantation of over-the-counter identification devices, artificial insemination, the use of federally approved over-the-counter products, veterinary approved products, branding, collecting of fluids for genetic identification and classification, semen and embryo collection and storage, and the use of ultrasound for collection of production data and similar nondiagnostic purposes; (4) Any person assisting with a nonsurgical fetal delivery in a food animal, provided that no fee is charged; (5) The actions of a veterinarian who is currently licensed in another state, province of Canada, or a United States territory in consulting with a licensed veterinarian but who: (A) Does not open an office or appoint a place to do business within this state; (B) Does not print or use letterhead or business cards reflecting in-state addresses; (C) Does not establish answering services or advertise the existence of a practice address within this state; (D) Does not practice veterinary medicine as a consultant rendering services directly to the public without the direction of a licensed veterinarian more than two days per calendar year; (E) Is providing services for an organization conducting a public event lasting less than ten days that utilizes animals in need of veterinary examinations, treatments, or oversight to promote the safety and health of the public, the event, and the animal participants; provided, however, that a veterinarian licensed in another state who practices veterinary medicine on animals belonging to residents of this state by communicating directly with such owners and independent of the attending veterinary licensee is not exempt from this state's licensing requirements; and

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(F) Does not offer through electronic means remote services within this state, except for consulting, as otherwise permitted in this chapter; (6)(A) Any merchant or manufacturer selling, at his or her regular place of business, medicines, feed, appliances, or other products used in the prevention or treatment of animal diseases. This shall not be construed to authorize the sale of medication requiring a prescription from a veterinarian, but shall only include the right to sell those medications which are classified as proprietary and which are commonly known as over-the-counter medicines. (B) Subparagraph (A) of this paragraph shall not be construed to authorize the sale of antimicrobial feed additives without an order from a veterinarian under the guidance of the veterinary feed directive in compliance with 21 C.F.R. 558.6; (7)(A) The owner of an animal or the owner's bona fide employees caring for and treating the animal belonging to such owner; (B) The owner's friend or relative caring for or treating the animal belonging to such owner, provided that no fee is charged and the friend or relative does not solicit, advertise, or regularly engage in providing such care or treatment or administer or dispense prescription drugs without a valid prescription; or (C) The owner of an animal and any of the owner's bona fide employees caring for and treating the animal belonging to such owner, except where the ownership of the animal was transferred for purposes of circumventing the provisions of this chapter. Persons must comply with all laws, rules, and regulations relative to the use of medicines and biologics; provided, however, that such owner and any of such owner's bona fide employees caring for and treating such animal shall not practice veterinary medicine except as otherwise permitted under this Code section; (8)(A) The owner, operator, or employee of a licensed kennel, animal rescue organization, animal shelter, or stable or of a pet-sitting service providing food, shelter, or supervision of an animal or administering prescription drugs pursuant to prescription of a licensed veterinarian or over-the-counter medicine to an animal; (B) Any person acting under the direct or indirect supervision of a licensed veterinarian to provide care to animals that are the property of an animal shelter when at least the following three conditions are met:
(i) The person is an employee of an animal shelter or a local government who has control over the governance of the animal shelter; (ii) The person is performing these tasks in compliance with a written protocol developed in consultation with a licensed veterinarian; and (iii) The person has received proper training; provided, however, that such persons shall not diagnose, prescribe, dispense, or perform surgery; (9) Any person selling or applying any pesticide, insecticide, or herbicide, as permitted by law; (10) Any person engaging in scientific research involving animals conducted in accordance with federal, state, and local laws and regulations;

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(11) Any licensed veterinary technician, veterinary technologist, or other employee of a licensed veterinarian from performing lawful duties under the direction and supervision of such veterinarian who shall be responsible for the performance of the employee; (12) The owner of an animal, the owner's employee, or a member of a nationally recognized organization that acknowledges persons performing embryo transfer or artificial breeding and that is approved by the board from:
(A) The nonsurgical removal of an embryo from an animal for the purpose of transplanting such embryo into another female animal, cryopreserving such embryo, or implanting such embryo in an animal, provided that the use of prescription medications in such animals is maintained under the direction of a licensed veterinarian with a valid veterinarian-client-patient relationship; or (B) The testing and evaluation of semen; (13) Any other licensed or registered health care provider utilizing his or her special skills, or any person whose expertise, in the opinion of the veterinarian licensed in this state, would benefit the animal, so long as the treatment of the animal is under the direction of a licensed veterinarian with a valid veterinary-client-animal patient relationship; (14) A person performing soft tissue animal massage or other forms of soft tissue animal manipulation; (15) A person performing aquaculture or raniculture management practices; (16) A person implanting electronic identification devices in small companion animals; (17) An employee or contractual partner of a zoological park or aquarium accredited by the American Zoo and Aquarium Association or other substantially equivalent nationally recognized accrediting agency as determined by the board from performing his or her duties that are approved by a licensed veterinarian and relate to animals owned by or on loan to such zoological park or aquarium; (18) Any person lawfully engaged in the art or profession of farriery for the care of hooves and feet of equines and livestock; (19) Any veterinarian licensed by a state and serving as a volunteer health practitioner as such term is defined in Code Section 38-3-161 from providing service after a state of emergency has been declared pursuant to Code Section 38-3-51 or other applicable law or laws; or (20) Any veterinarian licensed by a state from practicing veterinary medicine in a temporary capacity at one of this state's institutions of higher learning. Such veterinarian shall be paid for his or her services solely from state, federal, or institutional funds. Such veterinarian shall practice solely at the institution of higher learning, or in an educational or research program outside the institution associated with the institution, for no more than six months in order to qualify for practice under this Code section. Any violation of state or federal laws, rules, or regulations by such veterinarian shall be reported to the applicable licensing board by the institution of higher learning.

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43-50-45. (a) It shall be unlawful for any person to practice veterinary medicine without a valid license or for any person to use the designation veterinarian, licensed veterinarian, or any other designation indicating licensure status, including abbreviations, or hold themselves out as a veterinarian unless duly licensed as such. (b) It shall be unlawful for any person to use the designation licensed veterinary technician, licensed veterinary technologist, or any other designation indicating licensure status, including abbreviations, or hold themselves out as a licensed veterinary technician or licensed veterinary technologist unless duly licensed as such. (c) Any person who violates subsection (a) or (b) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in this Code section, provided that each act of an unlawful practice shall constitute a distinct and separate offense. (d) Upon being convicted a first time under this Code section, such person shall be punished by a fine of not more than $500.00 for each offense. Upon being convicted a second or subsequent time under this Code section, such person shall be punished by a fine of not more than $1,000.00 for each offense, imprisonment for not more than 12 months, or both such fine and imprisonment. (e) The board or any citizen of this state may bring an action to enjoin any person from practicing veterinary medicine without a valid license. If a court finds that the person is violating, or is threatening to violate, this article, it shall enter an injunction restraining him or her from such unlawful acts. (f) The successful maintenance of an action based on any one of the remedies set forth in this Code section shall in no way prejudice the prosecution of an action based on any other of the remedies.

Part 3

43-50-50. It is the purpose of this part to encourage more effective utilization of the skills of licensed veterinarians by enabling them to delegate certain veterinary health care tasks to licensed veterinary technicians where such delegation is consistent with the animal patient's health and welfare.

43-50-51. (a) Subject to the provisions of this Code section, the practice of veterinary technology by a licensed veterinary technician shall not be a violation of subsection (a) of Code Section 43-50-30 or subsection (a) of Code Section 43-50-45. (b) No licensed veterinary technician shall make a diagnosis or prognosis, prescribe treatment, perform surgery, or prescribe medication for any animal.

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43-50-52. (a)(1) Any person desiring to work as a licensed veterinary technician in this state shall apply to the board for a license as a veterinary technician. All such applications shall be made on forms provided by the board and shall be accompanied by such fee as may be required by the board. (2) The application shall include evidence, satisfactory to the board, that: (A) The applicant has attained the age of 18; (B) The applicant is of good moral character; (C)(i) The applicant is a graduate of a college or technical school course of study in veterinary technology from an institution accredited by the American Veterinary Medical Association Council on Education, including without limitation instruction in the operation of life sustaining oxygen equipment, and has successfully passed an examination required by the board; or (ii) The applicant has successfully completed a college course of study in the care and treatment of animals from an institution having a curriculum approved by the board, including without limitation instruction in the operation of life sustaining oxygen equipment, and has successfully passed an examination required by the board; and (D) The applicant meets such other qualifications or provides such other information as the board may require by rule or regulation.
(b) Until July 1, 2009, any person who during the period from July 1, 1993, through June 30, 2008, acquired a minimum of five years' experience assisting a licensed veterinarian may, with a signed affidavit from his or her supervising veterinarian attesting to his or her level of on-the-job training, be allowed to take the examination approved by the board. Upon receiving a passing grade on such examination, the board may issue a certificate of registration. The board shall provide a list of appropriate study materials to candidates. (c) Until January 1, 2005, any person who at any time prior to July 1, 2003, was certified as a licensed veterinary technician in this state shall be entitled to renew such registration without examination and without meeting any requirements of subparagraph (a)(2)(C) of this Code section. (d) The board may issue a license to an applicant if the applicant is currently registered in another state having standards for admission substantially the same as this state and such standards were in effect at the time the applicant was first admitted to practice in the other state. (e) The board shall be responsible for licensing any person who wishes to practice as a licensed veterinary technician in this state and in accordance with this part shall govern such practice by board rule or regulation as the board deems appropriate and necessary for the protection of the public health, safety, and general welfare.

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43-50-53. (a) The board shall approve an examination to measure the competence of the applicant to engage in the practice as a licensed veterinary technician and shall set by rule or regulation the score needed to pass any such examination. (b) If an applicant fails an examination, the applicant may take a subsequent examination upon payment of license examination fees. (c) Any licensed veterinary technician in this state whose license has been on inactive status for at least five consecutive years and who desires to reactivate such license shall be required to take continuing education, pay all fees, and meet all other requirements and board rules or regulations as a licensed veterinary technician.

43-50-54. (a) Any licensed veterinary technician must at all times be under the supervision of a licensed veterinarian whenever practicing veterinary technology in this state. The level of supervision shall be consistent with the delegated animal health care task. Subject to the provisions of subsection (b) of Code Section 43-50-51, a licensed veterinarian may in his or her discretion delegate any animal health care task to a licensed veterinary technician; provided, however, that the board may establish by rules or regulations, in such general or specific terms as it deems necessary and appropriate for purposes of this part, the level of supervision, whether direct supervision, immediate supervision, or indirect supervision, that is required by the licensed veterinarian for any delegated animal health care task to be performed by a licensed veterinary technician. Such rules or regulations may require lower levels of supervision for licensed veterinary technicians as compared to veterinary assistants performing the same or similar animal health care tasks. (b) Specifically and without limitation, the board may take disciplinary action against a licensed veterinary technician if the technician:
(1) Solicits animal patients from a licensed veterinarian; (2) Solicits or receives any form of compensation from any person for veterinary services rendered other than from the licensed veterinarian or corporation under whom the licensed veterinary technician is employed; (3) Willfully or negligently divulges a professional confidence or discusses a licensed veterinarian's diagnosis or treatment without the express permission of the licensed veterinarian; or (4) Demonstrates a manifest incapability or incompetence to perform as a licensed veterinary technician. (c) A licensed veterinary technician shall not be utilized in any manner which would be in violation of this article. (d) A licensed veterinary technician shall not be utilized to perform the duties of a pharmacist licensed under Chapter 4 of Title 26.

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43-50-55. (a) Any licensed veterinarian, animal clinic, or animal hospital using licensed veterinary technicians shall post a notice to that effect in a prominent place. (b) A licensed veterinary technician must clearly identify himself or herself as such in order to ensure that he or she is not mistaken by the public as a licensed veterinarian. This may be accomplished, for example, by the wearing of an appropriate name tag. Any time the licensed veterinary technician's name appears in a professional setting, his or her status must be shown as 'licensed veterinary technician.'

43-50-56. A veterinarian who utilizes a licensed veterinary technician shall be responsible for any violation of any limitations which are placed on the duties of a licensed veterinary technician.

ARTICLE 3A

43-50-60. It is the purpose of this article to encourage more effective utilization of the skills of licensed veterinarians by enabling them to delegate certain veterinary health care tasks to veterinary assistants where such delegation is consistent with the animal patient's health and welfare.

43-50-61. (a) Subject to the provisions of this Code section, the practice of veterinary technology by a veterinary assistant shall not be a violation of subsection (a) of Code Section 43-50-30 or subsection (a) of Code Section 43-50-45. (b) No veterinary assistant shall make a diagnosis or prognosis, prescribe treatment, perform surgery, prescribe medication, perform a nonemergency intubation, induce anesthesia, perform central venous catheterization, or perform arterial catheterization and arterial collection for any animal.

43-50-62. (a) Any veterinary assistant must at all times be under the supervision of a licensed veterinarian whenever practicing veterinary technology in this state. The level of supervision shall be consistent with the delegated animal health care task. Subject to the provisions of subsection (b) of Code Section 43-50-61, a licensed veterinarian may in his or her discretion delegate any animal health care task to a veterinary assistant; provided, however, that the board may establish by rules or regulations, in such general or specific terms as it deems necessary and appropriate for purposes of this article, the level of supervision, whether direct supervision, immediate supervision, or indirect supervision, that is required by the licensed veterinarian for any delegated animal health care task to be

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performed by a veterinary assistant. Such rules or regulations may require higher levels of supervision for veterinary assistants as compared to licensed veterinary technicians performing the same or similar animal health care tasks. (b) A veterinary assistant shall not be utilized in any manner which would be in violation of this article. (c) A veterinary assistant shall not be utilized to perform the duties of a pharmacist licensed under Chapter 4 of Title 26.

43-50-63. (a) Any licensed veterinarian, animal clinic, or animal hospital using veterinary assistants shall post a notice to that effect in a prominent place. (b) A veterinary assistant must clearly identify himself or herself as such in order to ensure that he or she is not mistaken by the public as a licensed veterinarian or licensed veterinary technician. This may be accomplished, for example, by the wearing of an appropriate name tag. Any time the veterinary assistant's name appears in a professional setting, his or her status must be shown as 'veterinary assistant.'

43-50-64. A veterinarian who utilizes a veterinary assistant shall be responsible for any violation of any limitations which are placed on the duties of a veterinary assistant.

ARTICLE 4

43-50-80. Any person who gratuitously and in good faith administers emergency treatment to a sick or injured animal at the scene of an accident or emergency shall not be in violation of this chapter and shall not be liable to the owner of such animal in any civil action for damages; provided, however, that this Code section shall not provide immunity for acts of gross negligence.

ARTICLE 5

43-50-90. (a) The board shall work cooperatively with licensed veterinarians to establish standards for veterinary facilities and equipment and shall promulgate rules for same. (b) The board shall have the authority to establish a method to monitor veterinary facilities, conduct investigations and hold proceedings related to alleged violations, and take necessary enforcement action against the license of a veterinarian or licensed veterinary technicians for violations of rules promulgated under subsection (a) of this Code section.

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43-50-91. This article shall not apply to any facility owned by the federal, state, or any local government, a public or private college or university, or a zoological park or aquarium that is accredited by the American Zoo and Aquarium Association or other substantially equivalent nationally recognized accrediting agency as determined by the board.

ARTICLE 6

43-50-110. The board shall have all of the duties, powers, and authority specifically granted by or necessary for the enforcement of this chapter. The board shall adopt such rules and regulations as are reasonable and necessary to implement and effectuate this chapter."

SECTION 4. Article 4 of Chapter 12 of Title 24 of the Official Code of Georgia Annotated, relating to medical and other confidential information, is amended by revising Code Section 24-12-31, relating to confidential nature of veterinarian records, as follows:
"24-12-31. (a) No veterinarian licensed under Chapter 50 of Title 43 shall be required to disclose any information concerning the veterinarian's care of an animal except on written authorization or other waiver by the veterinarian's client or on appropriate court order or subpoena. Any veterinarian releasing information under written authorization or other waiver by the client or under court order or subpoena shall not be liable to the client or any other person. The confidentiality provided by this Code section shall be waived to the extent that the veterinarian's client places the veterinarian's care and treatment of the animal or the nature and extent of injuries to the animal at issue in any judicial proceeding. As used in this Code section, the term 'client' means the owner of the animal or, if the owner of the animal is unknown, the person who presents the animal to the veterinarian for care and treatment. (b) Notwithstanding the provisions of subsection (a) of this Code section, a veterinarian shall disclose the rabies vaccination history of any animal within such veterinarian's care within 24 hours of receipt of a written request by the physician of any person bitten by such animal."

SECTION 5. Article 11 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs generally, is amended in Code Section 38-3-161, relating to definitions, by revising paragraph (7) as follows:
"(7) 'Health facility' means a hospital or other health facility licensed under Chapter 7 of Title 31, a veterinary facility as defined in Code Section 43-50-3, or any other similar entity licensed under the laws of another state to provide health services or veterinary services."

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

Approved May 8, 2018.

__________

STATE PROPERTY CONVEYANCES AND LEASES.

No. 458 (House Resolution No. 1103).

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 Bryan County; authorizing the conveyance of certain state owned real property located in Chatham County; authorizing the ground lease of certain state owned real property located in Cherokee 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 Fulton County; authorizing the ground lease of certain state owned real property located in Fulton County; authorizing the conveyance of certain state owned real property located in Hall County; authorizing the conveyance of certain state owned real property located in Jackson County, Georgia; authorizing the ground lease of certain state owned real property located in Muscogee County; authorizing the conveyance of certain state owned real property located in Putnam County; authorizing the conveyance of certain state owned real property located in Rabun County; authorizing the conveyance of certain state owned real property located in Rockdale County; authorizing the conveyance of certain state owned real property located in White County; to provide an effective date; to repeal conflicting laws; and for other purposes.

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Baldwin County; and (2) Said real property is a 0.468 of an acre portion of all of that improved parcel or tract being approximately 7.29 acres lying and being in Land Lot 264 of the 1st Land District of Baldwin County, Georgia, as shown on a plat of survey entitled Proposed Armory Site for Military Department of GA dated February 28, 1953 prepared by James D. Teague, Jr., Georgia Registered Land Surveyor #535, 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

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(3) Said real property is under the custody of the Georgia Department of Defense and is a portion of property utilized as the Milledgeville Readiness Center; and (4) By letter dated May 22, 2017, the Georgia Department of Transportation requested acquiring the approximately 0.468 of an acre of said real property for the purpose of widening S.R. 49 for total consideration of a rounded $63,500.00, of which the total consideration comprises $35,219.00 allocated to the value of the property being acquired in fee, $4,550.00 in paving and curbing site improvements, and $23,537.00 allocated to cost to cure; and (5) By letter from the Adjutant General dated October 31, 2017, the Georgia Department of Defense requested to convey the approximately 0.468 of an acre of surplus real property to the Georgia Department of Transportation; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Bryan County; and (2) Said real property is all of that improved parcel or tract being approximately 1 acre lying and being in the 19th G.M. District of Bryan County, and acquired on October 1, 1957 for a consideration of $1.00 from Bryan County and recorded at Deed Book 3-H, Pages 535-536 and Plat Book C, Page 137 of the Superior Court of Bryan County and in the State Properties Commission inventory as Real Property Record 000132, 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 used as its Bryan County Unit; and (4) By Resolution dated December 12, 2017, the Georgia Forestry Commission resolved to surplus the approximately 1 acre 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 Chatham County; and (2) Said real property is a 0.048 of an acre portion of all of that improved parcel or tract being approximately 10.32 acres lying and being in the 8th G.M. District of Chatham County, and acquired on June 23, 2009 for a consideration of $10.00 from the Georgia Building Authority and recorded at Deed Book 354Q, Pages 720-724 and in the State Properties Commission inventory as Real Property Record 010652 and identified on a plat of survey entitled Plat of Lot 2C, Dogwood Tract, known as State Farmer's Market, Eighth G.M. District, Chatham County, Georgia, as prepared by Thomas & Hutton Engineering Company, more particularly by Wright C. Powers, Georgia Registered Land Surveyor No. 933, in the State Properties Commission inventory as Real Property Record 005501,

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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 is used as the Savannah Farmer's Market; and (4) By letter dated November 21, 2017, the Georgia Department of Transportation requested acquiring approximately 0.048 of an acre of said real property for the purpose of widening S.R. 25, S.R. 26 and S.R. 204 for total consideration of a rounded $8,700, of which the total comprises $8,160.00 allocated to the value of the property being acquired in fee and $462.00 in paving site improvements; and (5) By commissioner's letter dated January 23, 2018, the Georgia Department of Agriculture requested to convey the approximately 0.048 of an acre of surplus real property to the Georgia Department of Transportation; and

WHEREAS: (1) The State of Georgia is the owner of real property located in Cherokee County; and (2) Said real property is all of that parcel or tract of approximately 5 acres at 1260 Univeter Road located in Cherokee County in Land Lots 163 and 164 of the 15th District, 2nd Section, described in that boundary survey for Cherokee County, prepared by Michael C. Martin, Georgia Registered Land Surveyor No. 2149, of Martin Land Surveying, P.C., dated January 3, 2018, 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 property is in the custody of the Department of Human Services and is needed to accommodate the growing needs of the Division of Family and Children Services and Division of Child Support Services within Cherokee County; and (4) Said property is expected to be the subject of a request for proposals to be advertised in Fiscal Year 2019 to design, construct and develop a building for use by the Division of Family and Children Services and the Division of Child Support Services; (5) Said property is expected to be ground leased by the State, acting by and through its State Properties Commission, to the successful proposer for a term not to exceed 25 years; and (6) Said property along with any constructed improvements will inure entirely to the State when the ground lease terminates; and (7) The Department of Human Services resolved to support a ground lease of said property by the State of Georgia to the successful proposer; and

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

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(2) Said real property is all of that improved parcel or tract being approximately 4.5 acres lying and being in Land Lot 331 of the 1st Land District of Dougherty County, which was acquired by various deeds from the City of Albany all each for consideration of $1.00 and recorded at Deed Book 1480, Pages 287-290, Deed Book 1475, Pages 30-33, Deed Book 540, Pages 450-452, Deed Book 262, Page 7, Deed Book 264, Page 244, Deed Book 128, Page 448, Deed Book 72, Page 283, and Deed Book 169, Pages 590-591 of the Superior Court of Dougherty County and in the State Properties Commission inventory as Real Property Records 00479, 00480.01, 00480.02, 008730, 06059, 01556.01, 01556.02; 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 Defense as the Albany Armory; and (4) By letter dated January 11, 2018, Dougherty County requested acquisition of said real property and agreed to retire any outstanding General Obligation bonds owing for this property; and (5) By official action, the Georgia Department of Defense requested to surplus the approximately 4.5 acres o.f 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 Dougherty County; and (2) Said real property is a 0.64 of an acre portion of all of those parcels or tracts totaling approximately 24.5 acres lying and being in the City of Albany in the Land Lot 361 of the 1st Land District of Dougherty County, of which approximately 23.36 acres was acquired on February 6, 1990 for a consideration of $1.00 from Dougherty County Board of Education and recorded at Deed Book 1040, Pages 106-107 and Plat Book I, Page B-90 of the Superior Court of Dougherty County and in the State Properties Commission inventory as Real Property Record 007914.01; and approximately 1.14 acres was acquired on November 14, 2013 for a consideration of $1.00 from Albany Tech Foundation, Inc. and recorded at Deed Book 4081, Pages 264-266 and Plat Book 1D, Page 73 of the Superior Court of Dougherty County and in the State Properties Commission inventory as Real Property Record 011334; 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 used as a portion of the Albany Technical College campus; and (4) By Commissioner's letter dated December 13, 2017, and by Board Approval dated September 7, 2006, the Technical College System of Georgia requested to convey the approximately 0.64 of an acre said real property to the City of Albany in exchange for approximately 1.78 acres of real property; and

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WHEREAS: (1) The State of Georgia is the owner of improved real property located in Fulton County; and (2) Said real property is an approximately 8-acre portion of that improved parcel or tract, being a portion of the Georgia World Congress Center campus, lying and being in Land Lot 83 of the 14th District of Fulton County, which was acquired by various deeds which are recorded in the Superior Court of Fulton County, and are recorded in the State Properties Commission inventory as Real Property Records 07639, 07664, 07673, 07674, 07680, 07681, 07682, 07683, 07685, 07687, 07688, 07697, 07741, 07746, 07756, 07757, 07776, 07844, 07894, 07895, 07922, 07923, 08039, 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) The above-described real property comprises a portion of the Georgia World Congress Center campus which is in the custody of the Department of Economic Development and managed by the Geo. L. Smith II Georgia World Congress Center Authority ("the Authority") through that certain management agreement dated April 8, 1974, as subsequently amended; and (4) By official action, the Department of Economic Development desires the state to convey the property to the Authority for consideration of $10.00; and

WHEREAS: (1) The State of Georgia is the owner of improved real property located in Fulton County; and (2) Said real property is all of that parcel or tract of approximately 1.22 acres adjacent to 2490 Marietta Road, NW in the city of Atlanta, lying and being in the County of Fulton in Land Lot 243, 17th Land District and acquired as a portion of the Western and Atlantic Railroad, as described on that Western and Atlantic Railroad Valuation Map V221-1/V301-1 certified March 25, 1986, 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 property is in the custody of the State Properties Commission and is a non-railroad-operations portion of said Western and Atlantic Railroad; and (4) Said property has been ground leased since 1966 by Sonoco Products Company, and said ground lease was assigned to Metro Green Recycling; and (5) Said ground lease expires December 31, 2019; and (6) The State Properties Commission seeks authorization to ground lease said property to Metro Green, LLC, and John D. Stephens for 20 years commencing on January 1, 2020, for an initial annual rent of $7,628.70, to be increased annually at a compounded rate of 2.5%; and

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WHEREAS: (1) The State of Georgia is the owner of real property interests located in Fulton County; and (2) As depicted on a map on file with the State Properties Commission, said real property interests lie within that area that is bounded by (and including all areas up to and including) the northwesterly right of way of Centennial Olympic Park Drive (its outside boundary), the southwesterly right of way of Marietta Street (its inside boundary), the southeasterly right of way of Forsyth Street (its outside boundary), the southwesterly right of way of Alabama Street (its outside boundary), the southeasterly right of way of the Ted Turner Drive (its outside boundary), and the southwesterly right of way of Mitchell Street (its outside boundary) located in Fulton County; and (3) Said real property interests include approximately 15 acres of air rights and approximately 5 acres in fee simple; and (4) Said portions of real property interests are under the custody of the State Properties Commission and custody of the Department of Economic Development and managed by the Geo. L. Smith II Georgia World Congress Center Authority ("the Authority") through that certain management agreement dated April 8, 1974, as subsequently amended; and (5) The above described real property interests specifically exclude the State's fee simple ownership of any and all parcels associated with the Western and Atlantic Railroad measuring approximately 66 feet in width and 23 feet in height as improved with railroad tracks, appurtenances, depots, sheds, buildings, bridges, sidings, spurs, and wye as described in the amended lease dated January 1, 1986 by and between the State of Georgia and CSXT, Inc. on file in the State Properties Commission and inventoried as Real Property Record 07352; and (6) With regard to the above described real property interests, the State is desirous of declaring said property interests surplus to its current and future needs and is seeking authorization to convey said property interests for the consideration of fair market value and for such other considerations as determined by the State Properties Commission to be in the best interests of the State of Georgia; and

WHEREAS: (1) The State of Georgia is the owner of improved real property located in Hall County; and (2) Said real property is an approximate 13.36-acre portion of all of that improved parcel or tract being approximately 87.37 acres lying and being in the 411th G.M. district of Hall County, which was acquired for the consideration of $6,552,750.00 from Gainesville Howard Road, LLC dated January 5, 2016 and is recorded in Deed Book 7650, pages 695-704, and Plat Book 871, Page 240 of the Superior Court of Hall County, and in the State Properties Commission inventory as Real Property Record 011792, and said property may be more particularly described on a plat of survey prepared by a Georgia

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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 a portion of the Hall County Campus of Lanier Technical College; and (4) By Commissioner's letter dated January 4, 2018, the Technical College System of Georgia declared the approximately 13.36 acres of improved real property surplus to its current and future needs, and requested the authorization to convey the property to the City of Gainesville for the consideration of $10.00 for a right-of-way dedication for use as a public road; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of improved real property located in Jackson County; and (2) Said real property is all of that improved parcel or tract of approximately 13.806 acres described as the Department of Correction's I.W. Davis Probation Detention Center lying and being in 257th G.M.D., Jackson County and acquired on March 4, 1988 for a consideration of $10.00 from the Jackson County, Georgia, which is recorded at Deed Book 10-C, Page 412-418 of the Superior Court of Jackson County and in the State Properties Commission inventory as Real Property Record #007530, 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 Corrections; and (4) By official action, the Board of Corrections declared the approximately 13.806 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 improved real property located in Muscogee County; and (2) Said real property is a portion of all of that parcel or tract of approximately 2.664 acres lying and being in Land Lot 73, 9th District Columbus, Muscogee County, Georgia and more particularly described in that Quitclaim Deed from Columbus, Georgia to the State of Georgia of approximately 2.664 acres dated January 28, 1984 and inventoried in the State Properties Commission inventory as Real Property Record 07181, 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 property is in the custody of the Georgia Department of Corrections and is more specifically known as Building 4 having a street address of 7149 Manor Road and is a part of Rutledge State Prison; and

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(4) Whereas the Georgia Department of Corrections entered into a memorandum of understanding in 2010 with the Muscogee County sheriff for the use of Building 4 as an employee training facility; and (5) On April 18, 2017, the Muscogee County sheriff requested a long term lease for its continued use of Building 4; and (6) The Board of Corrections resolved to seek legislation for a five-year lease with one five-year renewal for the consideration of the sheriff's department being responsible for all utilities, maintenance and repair of the building and the Georgia Department of Corrections being responsible for capital maintenance and repairs; and

WHEREAS: (1) The State of Georgia is the owner of improved real property located in Muscogee County; and (2) Said real property is all of that parcel or tract of approximately 20,812 square feet lying and being in Land Lot 59, 9th District, Muscogee County and more particularly described in that Fee Deed Without Warranty from the Muscogee County School District to the State of Georgia of approximately 4.18 acres dated February 27, 1989, and inventoried in the State Properties Commission inventory as Real Property Record 007781, 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 property is in the custody of the Technical College System of Georgia and is used as the QuickStart Building CTC Training Center at Columbus Technical College; and (4) The State Board of the Technical College System of Georgia at its April 10, 2017, meeting resolved to seek legislation for a three-year lease with one five-year renewal to United Technologies Corporation, Pratt & Whitney Division (Pratt & Whitney) for the consideration of Pratt & Whitney's investment of approximately $2 million in improvements and equipment to the QuickStart facility which it will leave at the end of the lease term for the benefit of the school; and

WHEREAS: (1) The State of Georgia is the owner of real property located in Putnam County; and (2) Said real property is all of that improved parcel or tract being approximately 0.157 of an acre lying and being in the 311th G.M. District of Putnam County and acquired on October 6, 1980 for the consideration of $1.00 from Jane Dunn, which is recorded at Deed Book 5-J, Pages 131-132, and Plat Book 10, Page 84, of the Superior Court of Putnam County and in the State Properties Commission inventory as Real Property Record 006804, and said property may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; and

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(3) Said real property is under the custody of the Georgia Forestry Commission and was operated as a portion of the Putnam County Unit; and (4) By Resolution dated December 12, 2017, the Georgia Forestry Commission resolved to surplus the approximately 0.157 of an acre of improved real property to its current and future needs; and

WHEREAS: (1) The State of Georgia is the owner of improved real property located in Rabun County; and (2) Said real property is all of that parcel or tract consisting of approximately 0.303 of an acre lying and being in Land Lot 184 of the 13th Land District of Rabun County, and acquired on January 20, 1994 for the consideration of $80,000.00 from Katherine G. Williams, which is recorded at Deed Book U-14, Pages 515-517, and Plat Book 34, Page 154 of the Superior Court of Rabun County and in the State Properties Commission inventory as Real Property Record 008548, 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 known as the Rock House property; and (4) By Resolution dated December 7, 2017, the Town of Tallulah Falls resolved to acquire said property for $10.00 for use as a town visitors center, museum and other public purposes; and (5) By Commissioners letter dated January 4, 2018, the Georgia Department of Natural Resources declared that the approximately 0.303 of an acre of improved real property is surplus to its current and future needs and requested the authorization to convey the property to the Town of Tallulah Falls for the consideration of $10.00 and the requirement that the Town of Tallulah Falls use the property solely for public purposes in perpetuity; and

WHEREAS: (1) The State of Georgia is the owner of real property located in Rockdale County; and (2) Said real property is all of that parcel or tract of approximately 405.1 acres, being a portion of Black Shoals Park, located in Land Lots 281, 282, and 294 of the 4th Land District of Rockdale County; and (3) Said real property was acquired from J.J. Crawford via deeds dated August 26, 1975 which are recorded in Deed Book 152 Pages 29-35 for the consideration of $10.00, and from James L. Cooper via indenture dated June 18, 1968 and recorded in Deed Book 74 pages 39-42, of the Superior Court of Rockdale County, and in the State Properties Commission inventory as Real Property Records 006120 and 003823, respectively; and said property may be more particularly described on a plat of survey prepared by a

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Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; and (4) Said real property is under the custody of the Georgia Department of Natural Resources, but is leased to Rockdale County under a 50-year ground lease beginning on March 9, 1999 and which is in the State Properties Commission inventory as Real Property Record 009201; and (5) By Resolution dated October 10, 2017, Rockdale County resolved to acquire said property for $10.00 for the continued operation of the property for recreational and other public purposes; and (6) By Resolution dated December 6, 2017, the Georgia Department of Natural Resources resolved that the approximately 405.1 acres of real property is surplus to its current and future needs and requested the authorization to convey the property to Rockdale County, Georgia for the consideration of $10.00 and the requirement that Rockdale County use the property solely for public purposes in perpetuity; and

WHEREAS: (1) The State of Georgia is the owner of real property located in White County; and (2) Said real property is all of that parcel or tract of approximately 1,029 acres known as the Former Camp Wilderness/Outdoor Therapeutic Center located in Land Lots 129, 130, 157, 158, 159, 160, and 162 of the 3rd Land District of White County; and (3) Said real property was acquired via a deed dated June 13, 1968 from Capital Management Company which is recorded in Deed Book 3-E Pages 348-349 for the consideration of $88,587.00; a deed dated June 28, 1968 from O. W. Turner and Clyde Turner which is recorded in Deed Book 3-E Pages 409-410 for the consideration of $41,924.00; and a deed dated June 28, 1968 from Grady Young which is recorded in Deed Book 3-E Pages 406-408 for the consideration of $10,981.00; said deeds being recorded in the Superior Court of White County, and in the State Properties Commission inventory as Real Property Records 003924, 003922, and 003921, 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 (4) Said real property is under the custody of the Georgia Department of Natural Resources; and (5) Said real property is the subject of an intergovernmental agreement between the Georgia Department of Natural Resources and White County for use as county office space, storage, training, and a fire station until January 22, 2063; and (6) By letter dated January 23, 2018, White County resolved to acquire said property for $10.00 for the continued operation of the property for public purposes; and (7) By Commissioners letter dated January 4, 2018, the Georgia Department of Natural Resources declared that the approximately 1,029 of an acre of improved real property is surplus to its current and future needs and requested the authorization to convey the

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property to White County for the consideration of $10.00 and the requirement that White County use the property solely for public purposes in perpetuity; and

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 0.468 of an acre, 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 Georgia Department of Transportation the above-described Property for a total consideration of a rounded $63,500.00, to include $35,219.00 allocated to the property being acquired, $4,550.00 in paving and curbing site improvements, and $23,537.00 allocated to cost to cure 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 authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 5. That the deed(s) and plat(s) of the 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 6. That custody of the above-described real property shall remain in the custody of the Georgia Department of Defense until the property is conveyed.

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ARTICLE II SECTION 7.

That the State of Georgia is the owner of the above-described real property located in Bryan County, containing approximately 1 acre, and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 8. That the above-described 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 in perpetuity; and other consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

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

SECTION 10. 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 11. That the deed(s) and plat(s) of the conveyance shall be recorded by the grantee in the Superior Court of Bryan County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 12. That custody of the above-described real property shall remain in the custody of the Georgia Forestry Commission until the property is conveyed.

ARTICLE III SECTION 13.

That the State of Georgia is the owner of the above-described real property located in Chatham County, containing approximately 0.048 of an acre, 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 14. That the State of Georgia, acting by and through the State Properties Commission, is authorized to convey to the Georgia Department of Transportation the above-described Property for a total consideration of a rounded $8,700.00, of which the total comprises $8,160.00 allocated to the property being acquired and $462.00 in paving site improvements 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 15. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 16. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 17. That the deed(s) and plat(s) shall be recorded by the grantee in the Superior Court of Chatham County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 18. That custody of the above-described real property shall remain in the custody of the Georgia Department of Agriculture until the property is conveyed.

ARTICLE IV SECTION 19.

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

SECTION 20. That the State of Georgia, acting by and through its State Properties Commission, is authorized to grant a ground lease for a term not to exceed 25 years to the successful proposer.

SECTION 21. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such ground lease, including the execution of all necessary documents.

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SECTION 22. That the ground lease shall be recorded by the lessee in the Superior Court of Cherokee County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 23. That the authorization to ground lease and use the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 24. That custody of the above-described property shall remain in the custody of the Georgia Department of Human Services during the term of the ground lease.

ARTICLE V SECTION 25.

That the State of Georgia is the owner of the above-described real property located in Dougherty County, containing approximately 4.5 acres, 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 26. 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 Dougherty County, or to a local government or state entity, for a consideration of $10.00 so long as the property is used for public purpose in perpetuity and the payment of outstanding general obligation bonds and interest, or for fair market value, and other consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 27. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 28. That the authorization in this resolution to convey the above-described real property shall expire three years after the date this resolution becomes effective.

SECTION 29. That the deed(s) and plat(s) of the 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.

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SECTION 30. That custody of the above-described real property shall remain in the custody of the Georgia Department of Defense until the property is conveyed.

ARTICLE VI SECTION 31.

That the State of Georgia is the owner of the above-described real property located in Dougherty County, containing approximately 0.64 of an acre, and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 32. That the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, for the consideration of a 1.78-acre property from the City of Albany to the State of Georgia 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 33. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance and exchange.

SECTION 34. 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 35. That the deed(s) and plat(s) of the 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 36. 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 VII SECTION 37.

That the State of Georgia is the owner of the above-described real property located in Fulton County, containing approximately 8 acres, and that in all matters relating to the conveyance

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of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 38. 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 Geo. L. Smith II Georgia World Congress Center Authority for $10.00 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 39. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 40. That the authorization in this resolution to convey the above-described real property shall expire three years after the date this resolution becomes effective.

SECTION 41. That the deed(s) or plat(s) of the conveyance shall be recorded by the grantee in the Superior Court of Fulton County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 42. That custody of the above-described real property shall remain in the custody of the Georgia Department of Economic Development until the property is conveyed.

ARTICLE VIII SECTION 43.

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

SECTION 44. That the State of Georgia, acting by and through its State Properties Commission, is authorized to ground lease the property to Metro Green, LLC, and John D. Stephens for a term of twenty (20) years commencing on January 1, 2020, for consideration of an initial annual rent of $7,628.70, to be increased annually at a compounded rate of 2.5%.

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SECTION 45. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such ground lease, including the execution of all necessary documents.

SECTION 46. That the ground lease shall be recorded in the Superior Court of Fulton County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 47. That the authorization to ground lease the property shall expire three years after the date this resolution becomes effective.

SECTION 48. That custody of the above-described property shall remain in the custody of the State Properties Commission during the term of the ground lease.

ARTICLE IX SECTION 49.

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

SECTION 50. That the State of Georgia, acting by and through its State Properties Commission, is authorized to convey the above-described real property interests by appropriate instrument by competitive bid for fair market value; and other consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 51. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 52. That the authorization in this resolution to convey the above-described real property interests shall expire three years after the date this resolution becomes effective.

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SECTION 53. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Fulton County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 54. That custody of the above-described real property interests shall remain in the State Properties Commission until the property is conveyed.

ARTICLE X SECTION 55.

That the State of Georgia is the owner of the above-described real property located in Hall County, containing approximately 13.36 acres, and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 56. That the above-described 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 Gainesville or to a local government or State entity for a consideration of $10.00 so long as the property is used for public purpose in perpetuity and other consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 57. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 58. 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 59. That the deed(s) and plat(s) of the 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 60. 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 XI SECTION 61.

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

SECTION 62. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the above-described property to either the Muscogee County sheriff or to Columbus, Georgia, the Consolidated Government of Columbus-Muscogee County, for a term of five years, with a five-year renewal option, for consideration of that sheriff's department being responsible for all utilities, maintenance and repair of the building and the Department of Corrections remaining responsible for capital maintenance and repairs.

SECTION 63. 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 64. That the lease shall be recorded in the Superior Court of Muscogee County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 65. That the authorization to lease the property shall expire three years after the date this resolution becomes effective.

SECTION 66. That custody of the above-described property shall remain in the custody of the Department of Corrections during the term of the lease.

ARTICLE XII SECTION 67.

That the State of Georgia is the owner of the above described real property located in Jackson 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 68. 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 Jackson County

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for the consideration of $10.00 so long as the property is used for public purpose in perpetuity; 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 in perpetuity; 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 69. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 70. 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 71. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Jackson County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 72. That custody of the above-described real property shall remain in the custody of the Department of Corrections until the property is conveyed.

ARTICLE XIII SECTION 73.

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

SECTION 74. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the above-described improved property for a term of three years, with a five-year renewal option, to Pratt & Whitney for the consideration Pratt & Whitney's investment of approximately $2 million in improvements and equipment to the QuickStart facility which it will leave at the end of the lease term for the benefit of the school.

SECTION 75. 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.

816

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 76. That the lease shall be recorded in the Superior Court of Muscogee County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 77. That the authorization to lease the property shall expire three years after the date this resolution becomes effective.

SECTION 78. That custody of the above-described property shall remain in the custody of the Technical College System of Georgia during the term of the lease.

ARTICLE XIV SECTION 79.

That the State of Georgia is the owner of the above-described real property located in Putnam County, containing approximately 0.157 of an acre, 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 80. 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 in perpetuity; 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 81. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 82. 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 83. That the deed(s) and plat(s) of the conveyance shall be recorded by the grantee in the Superior Court of the Putnam County, Georgia and a recorded copy shall be promptly forwarded to the State Properties Commission.

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SECTION 84. That custody of the above-described real property shall remain in the custody of the Georgia Forestry Commission until the property is conveyed.

ARTICLE XV SECTION 85.

That the State of Georgia is the owner of the above-described real property located in Rabun County, containing approximately 0.303 of an acre, 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 86. 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 Town of Tallulah Falls or to a local government or state entity for a consideration of $10.00 so long as the property is used for public purpose in perpetuity 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 87. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 88. 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 89. That the deed(s) and plat(s) of the conveyance shall be recorded by the grantee in the Superior Court of Rabun County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 90. 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.

818

GENERAL ACTS AND RESOLUTIONS, VOL. I

ARTICLE XVI SECTION 91.

That the State of Georgia is the owner of the above-described real property located in Rockdale County, containing approximately 405.1 acres, 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 92. 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 Rockdale County or to a local government or state entity for a consideration of $10.00 so long as the property is used for public purpose in perpetuity 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 93. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 94. That the deed(s) and plat(s) of the conveyance shall be recorded by the grantee in the Superior Court of Rockdale County, Georgia and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 95. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 96. 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 XVII SECTION 97.

That the State of Georgia is the owner of the above-described real property located in White County, containing approximately 1,029 acres, 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 98. 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 White County or to a local government or state entity for a consideration of $10.00 so long as the property is used for public purpose in perpetuity 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 99. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 100. That the deed(s) and plat(s) of the conveyance shall be recorded by the grantee in the Superior Court of the White County, Georgia and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 101. 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 102. That custody of the above-described property shall remain in the custody of the Georgia Department of Natural Resources.

ARTICLE XVIII SECTION 103.

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

SECTION 104. That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 8, 2018.

820

GENERAL ACTS AND RESOLUTIONS, VOL. I

DEBTOR AND CREDITOR PROPERTY GARNISHMENT.

No. 459 (Senate Bill No. 194).

AN ACT

To amend Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, so as to eliminate provisions relating to requiring the clerk of court to approve an affidavit for garnishment; to change the maximum part of disposable earnings subject to garnishment and conform the form used therewith; to clarify various provisions; to change provisions relating to serving the defendant; to change provisions relating to the introduction of evidence and how judgments are paid; to amend Code Section 44-7-50 of the Official Code of Georgia Annotated, relating to demand for possession, procedure upon a tenant's refusal, and concurrent issuance of federal lease termination notice; to provide a conforming cross-reference; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, is amended by revising subsection (b) of Code Section 18-4-3, relating to affidavit and requirements, summons of garnishment, and form for affidavit, as follows:
"(b) Upon the filing of the affidavit described in subsection (a) of this Code section with the clerk of any court having jurisdiction to preside over garnishment proceedings, such clerk shall cause a summons of garnishment to issue, provided that the plaintiff's affidavit is made before any officer authorized to administer oaths, a notary public, such clerk, or the deputy clerk of the court in which the garnishment is filed."

SECTION 2. Said chapter is further amended by revising subparagraph (a)(1)(B) and paragraph (2) of subsection (a) of Code Section 18-4-5, relating to the maximum part of disposable earnings subject to garnishment, as follows:
"(B) The amount by which the defendant's disposable earnings for that week exceed $217.50. (2) In case of earnings for a period other than a week, the proportionate fraction or multiple of 30 hours per week at $7.25 per hour shall be used."

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SECTION 3. Said chapter is further amended by revising paragraph (2) of subsection (b) of Code Section 18-4-7, relating to the required information on summons of garnishment or attachment thereto, form usage, and failure to use correct form, as follows:
"(2) The form for a summons of garnishment on a financial institution shall not be used for a continuing garnishment or continuing garnishment for support. A summons of garnishment on a financial institution, or an attachment thereto, shall also state with particularity the defendant's account, identification, or tracking numbers known to the plaintiff used by the garnishee in the identification or administration of the defendant's funds or property; provided, however, that if such summons is filed with a court, the court filing shall be redacted in accordance with Code Section 9-11-7.1 or 15-10-54, as applicable. The defendant's account, identification, or tracking numbers shall be made known to the garnishee and defendant in accordance with Code Section 9-11-7.1 or 15-10-54, as applicable, to the extent such information is known to the plaintiff."

SECTION 4. Said chapter is further amended by revising subparagraph (b)(1)(C) of Code Section 18-4-8, relating to required documents and service thereof, as follows:
"(C)(i) To be sent to the defendant by regular mail at the address at which the defendant:
(I) Accepted service in the action resulting in the judgment; (II) Identified as his or her residence in any pleading in the action resulting in the judgment; or (III) Was served as shown on the return of service in the action resulting in the judgment when it shall appear by affidavit that the defendant resides out of this state; has departed this state; cannot, after due diligence, be found within this state; or has concealed his or her place of residence from the plaintiff. (ii) A certificate of such mailing shall be filed with the clerk of the court in which the garnishment is pending by the person mailing such notice."

SECTION 5. Said chapter is further amended by revising subsection (b) of Code Section 18-4-9, relating to periodic summonses and original filing date limiting extension, as follows:
"(b) No new summons of garnishment on the same affidavit of garnishment shall be issued after two years from the date of the original filing of such affidavit. After two years, the garnishment proceeding based on such affidavit shall automatically stand dismissed unless there are funds remaining in the registry of the court or a new summons of garnishment has been issued in the preceding 30 days."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 6. Said chapter is further amended by revising subsections (c) and (d) of and adding a new subsection to Code Section 18-4-19, relating to order of trial, introduction of evidence, and expenses, to read as follows:
"(c) When the defendant, garnishee, or third-party claimant prevails upon the trial of his or her claim:
(1) That the plaintiff does not have a judgment against the defendant or that the plaintiff's affidavit of garnishment is untrue or is legally insufficient, the garnishment case shall be dismissed by the court, and any money or other property belonging to the defendant in the possession of the court shall be restored to the defendant unless another claim or traverse thereto has been filed; (2) That the amount shown to be due on the plaintiff's affidavit of garnishment is incorrect, the court may allow the summons of garnishment to be amended to the amount proven to be owed, and if such amount is less than the amount shown to be due by the plaintiff, any money or other property belonging to the defendant in the possession of the court in excess of the amount due shall be restored to the defendant unless another claim or traverse thereto has been filed; (3) That the money or other property belonging to the defendant in the possession of the court is exempt from garnishment, such exempt money or other property shall be restored directly to the defendant. The court shall order such restoration within 48 hours; and (4) Based on any legal or statutory defense or that money or other property in the possession of the court may be subject to a claim held by a third party that is superior to the judgment described in the affidavit of garnishment, the court shall determine the disposition of the money or other property belonging to the defendant in the possession of the court. (d) On the trial of the plaintiff's traverse, if the court finds the garnishee has failed to respond properly to the summons of garnishment, the court shall disallow any expenses demanded by the garnishee and shall enter a judgment for any money or other property the court finds subject to garnishment which the garnishee has failed to pay or deliver to the court; provided, however, that the total amount of such judgment shall not exceed the amount shown to be due by the plaintiff, together with the costs of the garnishment proceeding. (e) A defendant shall not be allowed to present evidence, make an argument, or prevail on a claim that money or other property in a garnishment may be subject to a claim by a third party. When a claim of exemption or defense to a garnishment proceeding belongs to a defendant, a third-party claimant shall not be allowed to present evidence, make an argument, or prevail on any such claim."

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SECTION 7.

Said chapter is further amended by revising Code Section 18-4-82, relating to the notice to

defendant of right against garnishment of money, including wages, and other property, as

follows:

"18-4-82.

'IN THE _____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

Plaintiff:

)

______________________________ )

Name

)

)

Plaintiff's contact information:

)

______________________________ )

Name

)

______________________________ )

Civil Action File No.

Street Address

)

______________________________ )

__________________

City

State

ZIP Code )

______________________________ )

E-mail Address

)

______________________________ )

Phone Number

)

______________________________ )

Bar Number

)

)

v.

)

)

Defendant:

)

______________________________ )

Name

)

______________________________ )

Street Address

)

)

Garnishee:

)

______________________________ )

Name

)

______________________________ )

Street Address

)

______________________________ )

City

State

ZIP Code )

824

GENERAL ACTS AND RESOLUTIONS, VOL. I

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

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

READ THIS NOTICE CAREFULLY.

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

Garnishment of your earnings from your employment is limited to the lesser of 25 percent of your disposable earnings for a week or the amount by which your disposable earnings for a week exceed $217.50. More than 25 percent of your disposable earnings may be taken from your earnings for the payment of child support or alimony or if a Chapter 13 bankruptcy allows a higher amount.

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

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

The Court will schedule a hearing within ten days from when it receives your claim form. The Court will mail you the time and date of the hearing at the address that you provide on

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your claim form. You may go to the hearing with or without an attorney. You will need to give the Court documents or other proof that your money is exempt.

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

DEFENDANT'S CLAIM FORM

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

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

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

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

________________________________ Defendant's signature ________________________________ Print name of Defendant

____________________________, 20____ Date

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GENERAL ACTS AND RESOLUTIONS, VOL. I

CERTIFICATE OF SERVICE

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

This ______________day of ________________, 20__.

______________________________ Defendant or Defendant's Attorney'"

SECTION 8. Code Section 44-7-50 of the Official Code of Georgia Annotated, relating to demand for possession, procedure upon a tenant's refusal and concurrent issuance of federal lease termination notice, is amended by revising subsection (a) as follows:
"(a) In all cases when a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to such tenant or fails to pay the rent when it becomes due and in all cases when lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of such lands or tenements desires possession of such lands or tenements, such owner may, individually or by an agent, attorney in fact, or attorney at law, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner or the agent, attorney at law, or attorney in fact of such owner may immediately go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affidavit under oath to the facts. The affidavit may likewise be made before a notary public."

SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Approved May 8, 2018.

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STATE PROPERTY GRANTING OF EASEMENTS.

No. 460 (House Resolution No. 1104).

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, across, or through property owned by the State of Georgia in Bartow, Bulloch, Butts, Chatham, Clay, Columbia, DeKalb, Emanuel, Floyd, Forsyth, Fulton, Hall, Harris, Henry, Liberty, Macon, Montgomery, Murray, Richmond, Tattnall, Towns, 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 Bartow, Bulloch, Butts, Chatham, Clay, Columbia, DeKalb, Emanuel, Floyd, Forsyth, Fulton, Hall, Harris, Henry, Liberty, Macon, Montgomery, Murray, Richmond, Tattnall, Towns, and White Counties; and

WHEREAS, Atlanta Gas Light Company, Blackhall Studios, Coastal Electric Cooperative, Chatham County, City of Atlanta, City of Cumming, City of Emerson, Diverse Power Incorporated, Excelsior Electric Membership Corporation, Flint Electric Membership Corporation, Georgia Department of Transportation, Georgia Power Company, Georgia Transmission Corporation, Greystone Power Corporation, Habersham Electrical Membership Corporation, and TOJV, LLC, 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, Department of Defense, Department of Economic Development, Department of Education, Department of Natural Resources, Department of Public Safety, State Properties Commission, and Technical College System of Georgia.

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

828

GENERAL ACTS AND RESOLUTIONS, VOL. I

ARTICLE I SECTION 1.

That the State of Georgia is the owner of the hereinafter described real property commonly known as the Western and Atlantic Railroad, Bartow County, Georgia; and said property is in the custody of the State Properties Commission which 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 the City of Emerson, or its successors and assigns, a non-exclusive easement to construct, operate and maintain a bridge over the Western and Atlantic Railroad to access the economic development project known as Lakepoint Development. Said easement area is located in Bartow County, and is more particularly described as follows: That approximately 0.32 of an acre, lying and being in Land Lot 899, 4th District, 3rd Section, Bartow County, Georgia, and that portion only as shown on a drawing furnished by the City of Emerson, 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 easement area shall be used solely for the purpose of the construction, operation and maintenance of the bridge.

SECTION 4. That the City of Emerson 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 bridge construction.

SECTION 5. That, after the City of Emerson has put into use the bridge that this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Emerson, 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 bridge shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 6. That no title shall be conveyed to the City of Emerson and, except as herein specifically granted to the City of Emerson, 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 Emerson.

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 the City of Emerson 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 Emerson 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 Emerson 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 the City of Emerson 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. The City of Emerson 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.

830

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 10. That, given the public benefit to the state by the economic development project known as Lakepoint Development, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 11. That this grant of easement shall be recorded by the City of Emerson in the Superior Court of Bartow 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 the City of Emerson shall expire three years after the date that this resolution becomes effective.

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

ARTICLE II SECTION 14.

That the State of Georgia is the owner of the hereinafter described real property lying and being in the 1209th G.M.D., Bulloch County, Georgia, and is commonly known as Ogeechee Technical College, and the property is in the custody of the Technical College System of Georgia which, by official action dated February 1, 2018, 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 Excelsior Electric Membership Corporation, or its successors and assigns, a non-exclusive easement to construct, install, operate and maintain the underground electrical transmission lines to serve the project TCSG-330 (Plant Operations Building). Said easement area is located in Bulloch County, and is more particularly described as follows: That approximately 0.40 of an acre, lying and being in the 1209th G.M.D., Bulloch County, Georgia, and that portion only as shown on a drawing furnished by the Excelsior Electric 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.

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SECTION 16. That the above described easement area shall be used solely for the purpose of constructing, installing, operating and maintaining the underground electrical transmission lines.

SECTION 17. That Excelsior Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation and maintenance of said underground electrical transmission lines.

SECTION 18. That, after Excelsior Electric Membership Corporation has put into use the underground electrical transmission lines this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Excelsior Electric 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 underground electrical transmission lines shall become the property of the State of Georgia, or its successors and assigns.

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

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 Excelsior Electric 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, Excelsior Electric 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 Excelsior Electric Membership

832

GENERAL ACTS AND RESOLUTIONS, VOL. I

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

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

SECTION 24. That this grant of easement shall be recorded by the Excelsior Electric Membership Corporation in the Superior Court of Bulloch 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 Excelsior Electric Membership Corporation 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.

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ARTICLE III SECTION 27.

That the State of Georgia is the owner of the hereinafter described real property lying and being in the 614th G.M.D., Butts County, Georgia, and is commonly known as Indian Springs State Park, and the property is in the custody of the Department of Natural Resources which, by official action dated September 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 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 electrical distribution lines and associated equipment to serve the conference center at Indian Springs State Park. Said easement area is located in Butts County, and is more particularly described as follows: That approximately 0.4 of an acre, lying and being in 614th G.M.D., Butts 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 29. That the above described easement area shall be used solely for the purpose of constructing, installing, operating and maintaining electrical distribution lines and associated equipment.

SECTION 30. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation and maintenance of said electrical distribution lines and associated equipment.

SECTION 31. 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 associated equipment shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 32. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 33. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on State-owned land in order to avoid interference with the State's use or intended use of the easement area, it may grant a substantially equivalent 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 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.

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SECTION 36. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 37. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Butts 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.

ARTICLE IV SECTION 40.

That the State of Georgia is the owner of the hereinafter described real property lying and being in the 8th G.M.D., Chatham County, Georgia, and the property is commonly known as Coastal State Prison in the custody of the Department of Corrections which, by official action dated February 15, 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 41. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a non-exclusive easement to construct, install, operate, and maintain an electrical service 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 0.05 of an acre, lying and being in the 8th G.M.D., Chatham 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.

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SECTION 42. That the above described easement area shall be used solely for the purpose of constructing, installing, operating and maintaining electrical service line and associated equipment.

SECTION 43. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation and maintenance of said electrical service line and associated equipment.

SECTION 44. That after Georgia Power Company has put into use the electrical service 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 electrical service line and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 45. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

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 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

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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 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 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. The 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 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 the Georgia Power Company in the Superior Court of Chatham County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 51. That the authorization in this resolution to grant the above described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 52. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE V SECTION 53.

That the State of Georgia is the owner of the hereinafter described real property lying and being in 7th G.M.D., City of Pooler, Chatham County, Georgia, and the property is commonly known as the Quickstart Regional Training Center in the custody of the Technical College System of Georgia which, by official action dated September 7, 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 54. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a non-exclusive easement to construct, install, operate and maintain electrical distribution lines and associated equipment to serve TCSG-335 (Quickstart training center). Said easement area is located in Chatham County, and is more particularly described as follows: That approximately 2.76 acres, lying and being in the 7th G.M.D., Chatham 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 55. That the above described easement area shall be used solely for the purpose of constructing, installing, operating and maintaining electrical distribution lines and associated equipment.

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

SECTION 57. 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 distributions lines and any associated equipment shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 58. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

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 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 60. That the easement granted to Georgia Power 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 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. 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 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 Georgia Power Company in the Superior Court of Chatham County and a recorded copy shall promptly be forwarded to the State Properties Commission.

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

SECTION 65. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE VI SECTION 66.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 227 and 254, 7th District, Clay County, Georgia, and the property commonly known as the George T. Bagby State Park is in the custody of the Department of Natural Resources which, by official action dated September 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 67. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Transmission Corporation, or its successors and assigns, a non-exclusive easement to relocate their existing easement and construct, install and maintain the new electrical transmission lines and associated equipment to serve George T. Bagby State Park. Said easement area is located in Clay County, and is more particularly described as follows: That approximately 0.5 of an acre, lying and being in Land Lots 227 and 254, 7th District, Clay County, Georgia, and that portion only as shown on a drawing furnished by Georgia Transmission 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.

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SECTION 68. That the above described easement area shall be used solely for the purpose of relocation of the existing easement and construction, installation and maintenance of the new electrical transmission lines and associated equipment.

SECTION 69. That Georgia Transmission 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 relocation of the existing easement and construction, installation and maintenance of the new electrical transmission lines and associated equipment.

SECTION 70. That, after Georgia Transmission 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, Georgia Transmission 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.

SECTION 71. That no title shall be conveyed to the Georgia Transmission Corporation and, except as herein specifically granted to Georgia Transmission 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 Georgia Transmission Corporation.

SECTION 72. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on State-owned land in order to avoid interference with the State's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Transmission 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, Georgia Transmission 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

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State of Georgia. Upon written request from Georgia Transmission Corporation or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 73. That the easement granted to Georgia Transmission 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 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 Transmission 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 75. That, given the public purpose of the project, the consideration for such easement shall be $10.00, Georgia Transmission Corporation will relinquish its rights to the existing 1.5 acre easement upon acceptance of the new 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 76. That this grant of easement shall be recorded by the Georgia Transmission Corporation in the Superior Court of Clay County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 77. That the authorization in this resolution to grant the above described easement to Georgia Transmission Corporation 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.

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ARTICLE VII SECTION 79.

That the State of Georgia is the owner of the hereinafter described real property lying and being in 1285th G.M.D., Columbia County, Georgia, and is commonly known as the Grovetown-Columbia Campus of Augusta Technical College and the property is in the custody of the Technical College System of Georgia, which, by official action dated May 31, 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 80. 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 Grovetown-Columbia Campus of Augusta Technical College. Said easement area is located in Columbia County, and is more particularly described as follows: That approximately 1.1 acres, lying and being in the 1285th G.M.D., Columbia 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 81. That the above described easement area shall be used solely for the purpose of constructing, installing, operating and maintaining electrical distribution lines and associated equipment.

SECTION 82. 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 83. 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

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distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 84. That no title shall be conveyed to 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 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 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 86. 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 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. Georgia Power 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 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 the Georgia Power Company in the Superior Court of Columbia County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 90. 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 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 1285th G.M.D., Columbia County, Georgia, and is commonly known as the Grovetown-Columbia Campus of Augusta Technical College and the property is in the custody of the Technical College System of Georgia, which, by official action dated May 31, 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 93. 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. Said easement area is located in Columbia County, and is more particularly described as follows: That approximately 1.38 acres, lying and being in the 1285th G.M.D., Columbia County, Georgia, and that portion only as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission and may be more

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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 easement area shall be used solely for the purpose of constructing, installing, operating and maintaining electrical distribution lines and associated equipment.

SECTION 95. 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 96. 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 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 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 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 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 99. 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 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. 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 101. 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 102. That this grant of easement shall be recorded by the Georgia Power Company in the Superior Court of Columbia County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 103. 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 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.

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ARTICLE IX SECTION 105.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 79, 15th District, DeKalb County, Georgia, commonly known as Metro State Prison, and said property is in the custody of the Department of Corrections which, by official action dated February 1, 2018, 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 106. That the State of Georgia, acting by and through its State Properties Commission, may grant to Blackhall Studios, or its successors and assigns, a non-exclusive easement to construct, operate and maintain a sound barrier to attenuate the sound of gunfire at the firing range located in Metro State Prison. Said easement area is located in DeKalb County, and is more particularly described as follows: That approximately 0.23 of an acre, lying and being in Land Lot 79, 15th District, DeKalb County, Georgia, and that portion only as shown on a drawing furnished by the Blackhall Studios, 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 easement area shall be used solely for the purpose of the construction, operation and maintenance of the sound barrier.

SECTION 108. That Blackhall Studios 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 sound barrier.

SECTION 109. That, after Blackhall Studios has put into use the sound barrier 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, Blackhall Studios, 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 sound barrier shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 110. That no title shall be conveyed to Blackhall Studios and, except as herein specifically granted to Blackhall Studios, 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 Blackhall Studios.

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 Blackhall Studios 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, Blackhall Studios provide 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 Blackhall Studios 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 112. That the easement granted to Blackhall Studios shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 113. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the State highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Blackhall Studios 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 114. 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 115. That this grant of easement shall be recorded by Blackhall Studios in the Superior Court of DeKalb County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 116. That the authorization in this resolution to grant the above described easement to Blackhall Studios 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 1560th G.M.D., Emanuel County, Georgia, and is commonly known as George L. Smith State Park in the custody of the Department of Natural Resources which, by official action dated February 28, 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 119. That the State of Georgia, acting by and through its State Properties Commission, may grant to Excelsior Electric Membership Corporation, or its successors and assigns, a non-exclusive easement for constructing, installing, operating and maintaining electrical distribution lines and associated equipment to serve new office buildings at the park. Said easement area is located in Emanuel County, and is more particularly described as follows: That approximately 0.5 of an acre, lying and being in the 1560th G.M.D., Emanuel County, Georgia, and that portion only as shown on a drawing furnished by Excelsior Electric 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.

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SECTION 120. That the above described easement area shall be used solely for the purpose of constructing, installing, operating and maintaining electrical distribution lines and associated equipment.

SECTION 121. That, after Excelsior Electric Membership Corporation has put into use its electrical distribution lines and associated equipment easement area for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Excelsior Electric 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 electrical distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 122. That no title shall be conveyed to Excelsior Electric Membership Corporation and, except as herein specifically granted to Excelsior Electric Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Excelsior Electric Membership Corporation.

SECTION 123. 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 Excelsior Electric 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, Excelsior Electric 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 Excelsior Electric 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.

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SECTION 124. That the easement granted to Excelsior Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 125. 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. Excelsior Electric 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 126. 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 127. That this grant of easement shall be recorded by the Excelsior Electric Membership Corporation in the Superior Court of Emanuel County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 128. That the authorization in this resolution to grant the above described easement to Excelsior Electric Membership Corporation shall expire three years after the date that this resolution becomes effective.

SECTION 129. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE XI SECTION 130.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 325, 23rd Land District, Floyd County, Georgia, and the property is commonly known as the Floyd County Campus of Georgia Northwestern Technical College

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in the custody of the Technical College System of Georgia which, by official action dated August 3, 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 131. 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 constructing, installing, operating and maintaining electrical distribution lines and associated equipment to serve the Machine Tools Renovation project. Said easement area is located at the Floyd County Campus of Georgia Northwestern Technical College, and is more particularly described as follows: That approximately 0.14 of an acre easement, lying and being in Land Lot 325, 23rd Land District, Floyd County, Georgia, and that portion only as shown on a Georgia Power Company 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 132. That the above described easement area shall be used solely for constructing, installing, operating and maintaining electrical distribution lines and associated equipment.

SECTION 133. 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 constructing, installing, operating and maintaining electrical distribution lines and associated equipment.

SECTION 134. 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 associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 135. 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

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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 136. 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 137. 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 138. 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 139. 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 140. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Floyd County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 141. 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 142. 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 143.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 1113 and 1114, of the 3rd Land District, 1st Section, Forsyth County, Georgia, and the property is commonly known as the Cumming Readiness Center in the custody of the Department of Defense which, by official action dated September 29, 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 144. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Cumming, or its successors and assigns, a non-exclusive easement for the relocation of the existing easement and to construct, install and maintain a new water pipe for the road widening on Pilgrim Mill Road. Said easement area is located in Forsyth County, and is more particularly described as follows: That approximately 0.098 of an acre, lying and being in Land Lots 1113 and 1114, of the 3rd Land District, 1st Section, Forsyth County, Georgia, and that portion only as shown on a City of Cumming 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 145. That the above described easement area shall be used solely for the relocation of the existing easement and to construct, install and maintain a new water pipe.

SECTION 146. That the City of Cumming shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the relocation of the existing easement and to construct, install and maintain a new water pipe.

SECTION 147. That, after the City of Cumming has put into use the water pipe 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 Cumming, 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 water pipe shall become the property of the State of Georgia, or its successors and assigns.

SECTION 148. That no title shall be conveyed to the City of Cumming and, except as herein specifically granted to the City of Cumming, 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 Cumming.

SECTION 149. 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 Cumming 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 Cumming 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 Cumming or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent non-exclusive

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easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 150. That the easement granted to the City of Cumming 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 151. 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 Cumming shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable State and Federal environmental statutes in its use of the easement area.

SECTION 152. That, 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 153. That this grant of easement shall be recorded by the City of Cumming in the Superior Court of Forsyth County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 154. That the authorization in this resolution to grant the above described easement to the City of Cumming shall expire three years after the date that this resolution becomes effective.

SECTION 155. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE XIII SECTION 156.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 83, 14th District, Fulton County, Georgia, and the property is commonly known as the Georgia World Congress Center Blue Lot located at 271 Northside Drive NW in the custody of the Department of Economic Development and managed by the Geo. L. Smith II Georgia World Congress Center Authority under that Management Agreement dated April 8, 1974 which, by official action dated February 21, 2018, 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 157. 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 for the construction, installation, and maintenance of a storm sewer as part of a sewer capacity relief project. Said easement area is located in Fulton County, and is more particularly described as follows: That approximately 0.012 of an acre, lying and being in Land Lot 83, 14th District of Fulton County, Georgia, and that portion only as shown on a City of Atlanta survey and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 158. That the above described easement area shall be used solely for construction, installation and maintenance of a storm sewer.

SECTION 159. 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 construction, installation, and maintenance of a storm sewer.

SECTION 160. That, after the City of Atlanta has put into use the storm sewer 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 storm sewer shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 161. 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 162. 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.

SECTION 163. 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 164. 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.

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SECTION 165. That, the consideration for such easement shall be $12,300.00 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 166. 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 167. 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 168. 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 169.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 76 of the 14th Land District, Fulton County, Georgia, and the property is commonly known as the Probation Officers Facility located at 276 Memorial Drive in the custody of the Department of Corrections which, by official action dated August 2, 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 170. 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 an underground electrical transmission distribution system and the demolition of an overhead power line in order to provide power to the Probation Officers Facility. Said easement area is located in Fulton County, and is more particularly described as follows: That approximately 0.04 of an acre, lying and being in Land Lot 76 of the 14th Land District, Fulton 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 171. That the above described easement area shall be used solely for the construction, installation, operation and maintenance of an underground electrical transmission distribution system and the demolition of an overhead power line.

SECTION 172. 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 an underground electrical transmission distribution system and the demolition of an overhead power line.

SECTION 173. That after Georgia Power Company has put into use the underground electrical transmission distribution system and completed the demolition of an overhead power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underground electrical transmission distribution system and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 174. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to the 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 the Georgia Power Company.

SECTION 175. 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

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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 176. That the easement granted to the 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 177. 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 178. 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 179. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Fulton County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 180. 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 181. 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 182.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 58, District 9C, Fulton County, Georgia, and the property is commonly known as the Campbellton Road Boat Ramp in the custody of the Department of Natural Resources which, by official action dated January 26, 2018, 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 183. 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 for the construction, installation, operation and maintenance of overhead electrical equipment to provide electrical service to illuminate the parking area at the boat ramp. Said easement area is located in Fulton County, and is more particularly described as follows: That approximately 0.4 of an acre, lying and being in Land Lot 58, District 9C, Fulton County, Georgia, and that portion only as shown on a Greystone Power 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 184. That the above described easement area shall be used solely for the construction, installation, operation and maintenance of overhead electrical equipment.

SECTION 185. 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 overhead electrical equipment.

SECTION 186. That after Greystone Power Corporation has put into use the overhead electrical 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 overhead electrical equipment shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 187. That no title shall be conveyed to Greystone Power Corporation and, except as herein specifically granted to the 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 the Greystone Power Corporation.

SECTION 188. 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 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 189. That the easement granted to the 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 190. 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.

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SECTION 191. 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 192. That this grant of easement shall be recorded by Greystone Power Corporation in the Superior Court of Fulton County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 193. 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.

SECTION 194. 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 195.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 78 of the 14th Land District, Fulton County, Georgia, and the property is commonly known as Omni Hotel Connector in the custody of the Department of Economic Development and managed by the Geo. L. Smith II Georgia World Congress Center Authority under that Management Agreement dated April 8, 1974, which, by official action dated March 5, 2014, 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 196. That the State of Georgia, acting by and through its State Properties Commission, may grant to TOJV, LLC, or its successors and assigns, a non-exclusive easement for the construction, installation, operation and maintenance of the Omni Hotel Connector near CNN Center and adjoining the College Football Hall of Fame and the World Congress Center. Said easement area is located in Fulton County, and is more particularly described as follows: That approximately 0.1419 of an acre and 24 feet high from the top of the area known as the "Plaza", lying and being in Land Lot 78 of the 14th Land District, Fulton County, Georgia, and that portion only as shown on a TOJV, LLC, survey and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey

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prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 197. That the above described easement area shall be used solely for the construction, installation, operation and maintenance of the Omni Hotel Connector (the Connector) near CNN Center and adjoining the College Football Hall of Fame and the World Congress Center.

SECTION 198. That TOJV, LLC, shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation and maintenance of the Connector.

SECTION 199. That after TOJV, LLC, has put into use the Connector 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, TOJV, LLC, 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 Connector shall become the property of the State of Georgia, or its successors and assigns.

SECTION 200. That no title shall be conveyed to TOJV, LLC, and, except as herein specifically granted to the TOJV, LLC, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the TOJV, LLC.

SECTION 201. 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 TOJV, LLC, 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, TOJV, LLC, 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

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from TOJV, LLC, 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 202. That the easement granted to the TOJV, LLC, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 203. 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. TOJV, LLC, shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable State and Federal environmental statutes in its use of the easement area.

SECTION 204. That the consideration for such easement shall be $36,350.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 205. That this grant of easement shall be recorded by TOJV, LLC, in the Superior Court of Fulton County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 206. That the authorization in this resolution to grant the above described easement to TOJV, LLC, shall expire three years after the date that this resolution becomes effective.

SECTION 207. 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 208.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 135, 10th District, Hall County, Georgia, commonly known as State Patrol 6, and said property is in the custody of the Department of Public Safety which, by official action dated January 24, 2018, 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 209. 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 relocate, construct, install, operate and maintain electrical transmission lines to serve the Patrol Post 6. Said easement area is located in Hall County, and is more particularly described as follows: That approximately 0.03 of an acre, lying and being in Land Lot 135, 10th District, Hall 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 210. That the above described easement area shall be used solely for the purpose of the relocation, construction, installation, operation and maintenance of electrical transmission lines.

SECTION 211. 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 relocation, construction, installation, operation and maintenance of said electrical transmission lines.

SECTION 212. That, after Georgia Power Company has put into use the electrical transmission lines 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 transmission lines shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 213. 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 214. 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 215. 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 216. 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 217. 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 218. 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 219. 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 220. 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 221.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 16 of the 3rd Land District, Harris County, Georgia, and the property is commonly known as the Franklin D. Roosevelt State Park in the custody of the Department of Natural Resources which, by official action dated June 28, 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 222. That the State of Georgia, acting by and through its State Properties Commission, may grant to Diverse Power Incorporated, or its successors and assigns, a non-exclusive easement for the construction, installation, operation and maintenance of underground electrical lines and equipment to provide electrical service to the group camp dining hall. Said easement area is located in Harris County, and is more particularly described as follows: That approximately 0.05 of an acre, lying and being in Land Lot 16 of the 3rd Land District, Harris County, Georgia, and that portion only as shown on a Diverse Power Incorporated 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 223. That the above described easement area shall be used solely for the construction, installation, operation and maintenance of underground electrical lines and equipment.

SECTION 224. That Diverse Power Incorporated 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 underground electrical lines and equipment.

SECTION 225. That after Diverse Power Incorporated has put into use the underground electrical lines and 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, Diverse Power Incorporated, 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 equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 226. That no title shall be conveyed to Diverse Power Incorporated and, except as herein specifically granted to the Diverse Power Incorporated, 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 Diverse Power Incorporated.

SECTION 227. 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 Diverse Power Incorporated 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, Diverse Power Incorporated 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 Diverse Power Incorporated or any third party, the State

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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 228. That the easement granted to the Diverse Power Incorporated 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 229. 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. Diverse Power Incorporated shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable State and Federal environmental statutes in its use of the easement area.

SECTION 230. That, 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 231. That this grant of easement shall be recorded by Diverse Power Incorporated in the Superior Court of Harris County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 232. That the authorization in this resolution to grant the above described easement to Diverse Power Incorporated shall expire three years after the date that this resolution becomes effective.

SECTION 233. 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 234.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 136 of the 7th Land District, Henry County, Georgia, and the property is commonly known as Southern Crescent Technical College in the custody of the Technical College System of Georgia which, by official action dated March 2, 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 235. 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 for the construction, installation, operation and maintenance of gas distribution lines to serve TCSG-317 Industrial Training and Technology Building. Said easement area is located in Henry County, and is more particularly described as follows: That approximately 0.92 of an acre, lying and being in Land Lot 136 of the 7th Land District, Henry County, Georgia, and that portion only as shown on the Atlanta Gas Light Company 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 236. That the above described easement area shall be used solely for the construction, installation, operation and maintenance of gas distribution lines.

SECTION 237. 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 gas distribution lines.

SECTION 238. That after Atlanta Gas Light Company has put into use the gas distribution lines 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 distribution lines shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 239. That no title shall be conveyed to Atlanta Gas Light Company and, except as herein specifically granted to the 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 240. 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 Diverse Power Incorporated 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 241. That the easement granted to the 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 242. 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.

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SECTION 243. 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 244. That this grant of easement shall be recorded by Atlanta Gas Light Company in the Superior Court of Henry County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 245. 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 246. 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 247.

That the State of Georgia is the owner of the hereinafter described real property lying and being in the 1359th Land District, Liberty County, Georgia, and the property is commonly known as the Fort Morris Historic Site in the custody of the Department of Natural Resources which, by official action dated September 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 248. That the State of Georgia, acting by and through its State Properties Commission, may grant to Coastal Electric Cooperative, or its successors and assigns, a non-exclusive easement for the construction, installation, operation and maintenance of underground electrical service equipment for a new automatic gate. Said easement area is located in Liberty County, and is more particularly described as follows: That approximately 0.05 of an acre, lying and being in the 1359th Land District, Liberty County, Georgia, and that portion only as shown on the Coastal Electric Cooperative 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 249. That the above described easement area shall be used solely for the construction, installation, operation and maintenance of underground electrical service equipment.

SECTION 250. That Coastal Electric Cooperative 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 underground electrical service equipment.

SECTION 251. That after Coastal Electric Cooperative has put into use the underground electrical service 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, Coastal Electric Cooperative, 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 service equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 252. That no title shall be conveyed to Coastal Electric Cooperative and, except as herein specifically granted to the Coastal Electric Cooperative, 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 Coastal Electric Cooperative.

SECTION 253. 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 Coastal Electric Cooperative 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, Coastal Electric Cooperative 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 Coastal Electric Cooperative or any third party, the State

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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 254. That the easement granted to Coastal Electric Cooperative 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 255. 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. Coastal Electric Cooperative 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 256. 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 257. That this grant of easement shall be recorded by Coastal Electric Cooperative in the Superior Court of Liberty County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 258. That the authorization in this resolution to grant the above described easement to Coastal Electric Cooperative shall expire three years after the date that this resolution becomes effective.

SECTION 259. 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 XXI SECTION 260.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 161, 9th District, Macon County, Georgia, and the property is commonly known as Camp John Hope in the custody of the Department of Education which, by official action dated December 14, 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 261. That the State of Georgia, acting by and through its State Properties Commission, may grant to Flint Electric Membership Corporation, or its successors and assigns, a non-exclusive easement for the construction, installation, operation and maintenance of underground electrical distribution lines to service a shooting range. Said easement area is located in Macon County, and is more particularly described as follows: That approximately 0.0381 of an acre, lying and being in Land Lot 161, 9th District, Macon County, Georgia, and that portion only as shown on the Flint Electric 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 262. That the above described easement area shall be used solely for the construction, installation, operation and maintenance of underground electrical distribution lines.

SECTION 263. That Flint Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation and maintenance of underground electrical distribution lines.

SECTION 264. That after Flint Electric Membership Corporation has put into use the underground electrical distribution lines this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Flint Electric 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 distribution lines shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 265. That no title shall be conveyed to Flint Electric Membership Corporation and, except as herein specifically granted to the Flint Electric Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Flint Electric Membership Corporation.

SECTION 266. 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 Flint Electric 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, Flint Electric 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 Flint Electric 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 267. That the easement granted to Flint Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 268. 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. Flint Electric 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.

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SECTION 269. 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 270. That this grant of easement shall be recorded by Flint Electric Membership Corporation in the Superior Court of Macon County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 271. That the authorization in this resolution to grant the above described easement to Flint Electric Membership Corporation shall expire three years after the date that this resolution becomes effective.

SECTION 272. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE XXII SECTION 273.

That the State of Georgia is the owner of the hereinafter described real property lying and being in 1343rd and 1757th G.M.D., Montgomery County, Georgia, and the property is commonly known as Montgomery State Prison in the custody of the Department of Corrections which, by official action dated December 14, 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 274. 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 for the construction, installation, operation and maintenance of a natural gas pipeline to serve the prison fire station. Said easement area is located in Montgomery County, and is more particularly described as follows: That approximately 0.12 of an acre, lying and being in 1343rd and 1757th G.M.D., Montgomery County, Georgia, and that portion only as shown on the Atlanta Gas Light Company 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 275. That the above described easement area shall be used solely for the construction, installation, operation and maintenance of a natural gas pipeline.

SECTION 276. 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 a natural gas pipeline.

SECTION 277. That after Atlanta Gas Light Company has put into use the natural gas pipeline 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 natural gas pipeline shall become the property of the State of Georgia, or its successors and assigns.

SECTION 278. That no title shall be conveyed Atlanta Gas Light Company and, except as herein specifically granted to the 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 279. 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

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non-exclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 280. 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 281. 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 282. 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 283. That this grant of easement shall be recorded by Atlanta Gas Light Company in the Superior Court of Montgomery County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 284. 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 285. 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 XXIII SECTION 286.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 224, 9th District, Murray County, Georgia, and the property is commonly known as the Chief Vann House Historic Site in the custody of the Department of Natural Resources which, by official action dated September 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 287. 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 a support pole and anchor for the widening of SR52 Alternate. Said easement area is located in Murray County, and is more particularly described as follows: That approximately 0.003 of an acre, lying and being in Land Lot 224, 9th District, Murray County, Georgia, and that portion only as shown on the Georgia Power Company 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 288. That the above described easement area shall be used solely for the construction, installation, operation and maintenance of a support pole and anchor.

SECTION 289. 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 a support pole and anchor.

SECTION 290. That after Georgia Power Company has put into use the support pole and anchor 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 support pole and anchor shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 291. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to the 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 292. 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 293. 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 294. 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 295. 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 296. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Murray County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 297. 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 298. 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 XXIV SECTION 299.

That the State of Georgia is the owner of the hereinafter described real property lying and being in the 119th and 1269th G.M.D, Richmond County, Georgia, and is commonly known as Augusta State Medical Prison, and the property is in the custody of the Department of Corrections which, by official action dated February 1, 2018 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 300. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Department of Transportation, or its successors and assigns, a non-exclusive easement to construct, install, operate and maintain the widening and reconstruction of SR10 from Fort Gordon New ACP/Gate 6 to SR223 and a driveway easement to provide smooth transition into the new alignment from Augusta State Medical Prison (PI0013248). Said easement area is located in Richmond County, and is more particularly described as follows: That approximately 0.21 of an acre, lying and being the 119th and 1269th G.M.D, Richmond County, Georgia, and that portion only as shown on a drawing furnished by the Department of Transportation, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

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SECTION 301. That the above described easement area shall be used solely for the purpose of constructing, installing, operating and maintaining the road widening and reconstruction of SR10 and driveway.

SECTION 302. That the Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation and maintenance of said road widening and reconstruction of SR10 and driveway.

SECTION 303. That after the Department of Transportation has put into use the widening and reconstruction of SR10 and driveway this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Department of Transportation, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the road and driveway shall become the property of the State of Georgia, or its successors and assigns.

SECTION 304. That no title shall be conveyed to the Department of Transportation and, except as herein specifically granted to the Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Department of Transportation.

SECTION 305. 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 Department of Transportation 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 Department of Transportation provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from the Department of Transportation or any third party, the

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

SECTION 307. 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 Department of Transportation 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 308. 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 309. That this grant of easement shall be recorded by the Department of Transportation in the Superior Court of Richmond County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 310. That the authorization in this resolution to grant the above described easement to the Department of Transportation shall expire three years after the date that this resolution becomes effective.

SECTION 311. 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 XXV SECTION 312.

That the State of Georgia is the owner of the hereinafter described real property lying and being in 1645th G.M.D., Tattnall County, Georgia, and the property is commonly known as Rogers State Prison in the custody of the Department of Corrections which, by official action dated September 7, 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 313. 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 for the construction, installation, operation and maintenance of a natural gas pipeline to serve the prison and to include the existing pipeline into the new easement. Said easement area is located in Tattnall County, and is more particularly described as follows: That approximately 11.146 acres, lying and being in the 1645th G.M.D., Tattnall County, Georgia, and that portion only as shown on the Atlanta Gas Light Company 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 314. That the above described easement area shall be used solely for the construction, installation, operation and maintenance of a natural gas pipeline.

SECTION 315. 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 a natural gas pipeline.

SECTION 316. That after Atlanta Gas Light Company has put into use the natural gas pipeline 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 natural gas pipeline shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 317. That no title shall be conveyed to Atlanta Gas Light Company and, except as herein specifically granted to the 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 318. 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 319. 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 320. 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.

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SECTION 321. 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 322. That this grant of easement shall be recorded by Atlanta Gas Light Company in the Superior Court of Tattnall County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 323. 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 324. 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 XXVI SECTION 325.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 117 and 118, 17th District, 1st Section, Towns County, Georgia, and the property is commonly known as Brasstown Valley Resort in the custody of the Department of Natural Resources which, by official action dated August 30, 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 326. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Department of Transportation, or its successors and assigns, a non-exclusive easement for the construction, installation, operation and maintenance of a bridge for the road widening project for State Route 66 over Brasstown Creek. Said easement area is located in Tattnall County, and is more particularly described as follows: That approximately 3.6 acres, lying and being in Land Lots 117 and 118, 17th District, 1st Section, Towns County, Georgia, and that portion only as shown on the Department of Transportation Right of Way 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 327. That the above described easement area shall be used solely for the construction, installation, operation and maintenance of a bridge.

SECTION 328. That the Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation and maintenance of a bridge.

SECTION 329. That after the Department of Transportation has put into use the bridge this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Department of Transportation, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the bridge shall become the property of the State of Georgia, or its successors and assigns.

SECTION 330. That no title shall be conveyed to the Department of Transportation and, except as herein specifically granted to the Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Department of Transportation.

SECTION 331. 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 Department of Transportation 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 Department of Transportation provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from the Department of Transportation or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent

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non-exclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 332. That the easement granted to the Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 333. 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 Department of Transportation 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 334. 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 335. That this grant of easement shall be recorded by the Department of Transportation in the Superior Court of Towns County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 336. That the authorization in this resolution to grant the above described easement to the Department of Transportation shall expire three years after the date that this resolution becomes effective.

SECTION 337. 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 XXVII SECTION 338.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 130, 159, and 162, 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 April 26, 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 339. That the State of Georgia, acting by and through its State Properties Commission, may grant to Habersham Electrical Membership Corporation, or its successors and assigns, a non-exclusive easement for the construction, installation, operation and maintenance of underground electrical equipment to provide electrical service to the new well house for the Smith Creek Cottages. Said easement area is located in White County, and is more particularly described as follows: That approximately 0.22 of an acre, lying and being in Land Lots 130, 159, and 162, 3rd Land District, White County, Georgia, and that portion only as shown on the 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 340. That the above described easement area shall be used solely for the construction, installation, operation and maintenance of underground electrical equipment.

SECTION 341. 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, installation, operation and maintenance of underground electrical equipment.

SECTION 342. That after Habersham Electrical Membership Corporation has put into use the underground electrical 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, Habersham 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

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the underground electrical equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 343. That no title shall be conveyed to Habersham Electrical Membership Corporation and, except as herein specifically granted to 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 Habersham Electrical Membership Corporation.

SECTION 344. 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 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, 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 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 345. That the easement granted to 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.

SECTION 346. 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

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respect to the city street system. 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 347. 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 348. That this grant of easement shall be recorded by Habersham Electrical Membership Corporation in the Superior Court of White County and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 349. That the authorization in this resolution to grant the above described easement to Habersham Electrical Membership Corporation shall expire three years after the date that this resolution becomes effective.

SECTION 350. 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 XXVIII SECTION 351.

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

SECTION 352. That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 8, 2018.

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ALCOHOLIC BEVERAGES SUNDAY SALES; CHANGE TIMES.

No. 461 (Senate Bill No. 17).

AN ACT

To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide that governing authorities of counties and municipalities may authorize sales of alcoholic beverages for consumption on the premises during certain times on Sundays subject to the passage of a referendum; to provide procedures; to change the time on Sundays during which farm wineries may sell certain wine for consumption on the premises; 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 in Code Section 3-3-7, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, by revising subsection (j) and adding a new subsection to read as follows:
"(j)(1) Notwithstanding any other provisions of law, on and after the effective date of this Act, in all counties or municipalities in which the sale of alcoholic beverages is lawful for consumption on the premises, the governing authority of the county or municipality may, by resolution or ordinance conditioned on approval in a referendum, authorize the sale of alcoholic beverages for consumption on the premises on Sundays from 11:00 A.M. until 12:00 Midnight in any licensed establishment which derives at least 50 percent of its total annual gross sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging. (2) Any governing authority desiring to permit and regulate Sunday sales pursuant to this subsection, but only after a referendum election, shall so provide by proper resolution or ordinance conditioned on a referendum. Not less than ten nor more than 60 days after the date of approval of such resolution or ordinance, it shall be the duty of the election superintendent of the county or municipality to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of the county or municipality for approval or rejection. The superintendent shall set the date of the election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published in the

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official organ of the county once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words:
'( ) YES Shall the governing authority of (name of municipality or county) be authorized to permit and regulate Sunday sales of distilled spirits or
( ) NO alcoholic beverages for beverage purposes by the drink?'
All persons desiring to vote for approval of Sunday sales shall vote 'Yes,' and those persons desiring to vote for rejection of Sunday sales shall vote 'No.' If more than one-half of the votes cast on the question are for approval of Sunday sales, the governing authority may by appropriate resolution or ordinance permit and regulate Sunday sales by licensees. Otherwise, such Sunday sales shall not be permitted. The expense of the election shall be borne by the county or municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (3) Notwithstanding this subsection or any other provision of law, all county or municipal resolutions or ordinances enacted prior to April 6, 1984, pursuant to the authorizations granted by subsections (a) through (i) of this Code section are declared to be valid and shall remain in full force and effect unless affirmatively repealed by the governing authority of the county or municipality. (j.1)(1) Notwithstanding any other provisions of law, all counties or municipalities in which the governing authority prior to the effective date of this Act has been authorized pursuant to a referendum to permit the sale of alcoholic beverages for consumption on the premises on Sundays from 12:30 P.M. until 12:00 Midnight in any licensed establishment which derives at least 50 percent of its total annual gross sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging may, by resolution or ordinance conditioned on approval in a referendum, authorize the sale of alcoholic beverages for consumption on the premises of any such establishments on Sundays for an additional hour and a half during the time period of 11:00 A.M. until 12:30 P.M. (2) Any governing authority desiring to permit and regulate Sunday sales pursuant to this subsection shall so provide by proper resolution or ordinance conditioned on approval in a referendum election. Not less than ten nor more than 60 days after the date of approval of such resolution or ordinance, it shall be the duty of the election superintendent of the county or municipality to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of the county or municipality for approval or rejection. The superintendent shall set the date of the election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published in the official organ of the

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county once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words:

'( ) YES ( ) NO

Shall the governing authority of (name of municipality or county) be authorized to permit and regulate Sunday sales of distilled spirits or alcoholic beverages for beverage purposes by the drink from 11:00 A.M. to 12:30 P.M.?'

All persons desiring to vote for approval of such Sunday sales shall vote 'Yes,' and those

persons desiring to vote for rejection of such Sunday sales shall vote 'No.' If more than

one-half of the votes cast on the question are for approval of such Sunday sales, the

governing authority may by appropriate resolution or ordinance permit and regulate such

Sunday sales by licensees. Otherwise, such Sunday sales shall not be permitted. The expense of the election shall be borne by the county or municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (3) Notwithstanding this subsection or any other provision of law, all county or municipal resolutions or ordinances enacted prior to April 6, 1984, pursuant to the authorizations

granted by subsections (a) through (i) of this Code section are declared to be valid and

shall remain in full force and effect unless affirmatively repealed by the governing

authority of the county or municipality."

SECTION 2. Said title is further amended by revising Code Section 3-6-21.2, relating to Sunday sales on farm wineries, off-site sales, and sales in special entertainment districts, as follows:
"3-6-21.2. Notwithstanding any other provisions of this title to the contrary, in all counties in which the sale of wine is lawful by a farm winery and in all municipalities in which the sale of wine is lawful by a farm winery, a farm winery which is licensed to sell its wine in a tasting room or other licensed farm winery facility within the county or municipality, as the case may be, for consumption on the premises or in closed packages for consumption off the premises shall be authorized to sell its wine and the wine of any other Georgia farm winery licensee on Sundays from 12:30 P.M. until 12:00 Midnight in a tasting room or other licensed farm winery facility, to the same extent as its county or municipal license would otherwise permit; provided, however, that if such sales of wine on Sundays are lawful at a time earlier than 12:30 P.M. within the county or municipality in which the licensed premises of the Georgia farm winery is located, the Georgia farm winery shall be authorized to sell its wine and the wine of any other Georgia farm winery licensee beginning at such earlier time. Nothing in this Code section shall be construed so as to authorize a farm winery to sell wine as provided in this Code section on any other premises which are not actually located on the property where such farm wine is produced, except in special

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entertainment districts designated by the local governing authority of the county or municipality, as applicable."

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, 2018.

__________

HANDICAPPED PERSONS GEORGIA COMMISSION ON HEARING IMPAIRED AND DEAF PERSONS; REVISE PROVISIONS.

No. 462 (House Bill No. 844).

AN ACT

To amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons generally, so as to revise provisions relating to the Georgia Commission on Hearing Impaired and Deaf Persons; to provide for definitions; to expand the membership of the commission; to establish a task force; to require use of existing assessments to monitor individual children's language and literacy progress; to establish parents' and guardians' right to make choices regarding their children's mode of communication; to develop a state-wide coordinated longitudinal data management system for all children who are deaf or hard of hearing; to require information sharing and collaboration among state agencies; to provide integrated and seamless services from birth through literacy; to require public reporting mechanisms; 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 1 of Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons generally, is amended by revising Code Section 30-1-5, relating to "hearing impaired person" defined and the Georgia Commission on Hearing Impaired and Deaf Persons, as follows:

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"30-1-5. (a) As used in this Code section, the term:
(1) 'American Sign Language' means a completely visual language with its own pragmatics, syntax, and semantics. Conceptual information expressed in American Sign Language is the same as in Spoken English but is expressed using signs and nonmanual markers. (2) 'Birth to literacy plan' means a longitudinal plan developed and implemented by the multiagency task force created pursuant to subsection (c) of this Code section to ensure that each child who is deaf or hard of hearing develops his or her maximal language and literacy abilities. This plan may include, but is not limited to, a child's Individualized Family Service Plan and Individualized Education Program. (3) 'Commission' means the Georgia Commission for the Deaf or Hard of Hearing. (4) 'Deaf or hard of hearing' means possession of hearing levels, absent the aid of a hearing device, that in any way impedes an individual's ability to perceive sound. (5) 'Home language' means a language that is most commonly spoken by members of a family for everyday interactions at home, including English and all foreign languages. (6) 'Individualized Education Program' means a written education plan for children in special education, from age three through high school graduation or a maximum age of 22, that is meant to address each child's unique learning issues and include specific educational goals. The plan shall be created through a team effort and reviewed periodically. (7) 'Individualized Family Service Plan' means a plan for special services for young children, from birth to age three, with developmental delays. The plan is developed with the service coordinator, the family, and other professionals. The plan is set up to identify individual supports and services that will enhance the child's development. The plan must include an assessment of the child's present level of development, a statement of goals, and support services that will be put in place to achieve those goals, and the date services begin. (8) 'Language' means the age appropriate development of human communication, spoken, written, or signed, consisting of the use of words and signs in a structured and conventional way. (9) 'Literacy' means age appropriate, on-grade-level development of the comprehension and production of written text in English. (10) 'Nonmanual markers' means various facial expressions, head tilting, shoulder raising, mouthing, and similar signals added to hand signs to create meaning. (11) 'Spoken English' means when the English language is produced by one's voice for the purpose of linking words together to convey meaning that can also be written. Spoken English is perceived through listening and speech reading.
(b)(1)(A) There is created the Georgia Commission for the Deaf or Hard of Hearing, which shall consist of 12 members. Ten of the members shall be appointed by the Governor as follows: one member shall be deaf or hard of hearing whose primary

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language is American Sign Language, one member shall be deaf or hard of hearing whose primary languages are Spoken English and American Sign Language, one member shall be deaf-blind, one member shall be deaf or hard of hearing whose primary language is Spoken English, one member who became deaf after the age of 18 years, one member shall be a parent of a child who uses Spoken English exclusively, one member shall be a parent of a child who uses American Sign Language, one member shall be an otolaryngologist or audiologist who serves people who are deaf or hard of hearing, one member shall be a private provider of services for people who are deaf or hard of hearing, and one member shall be involved with programs that serve people who are deaf or hard of hearing. An additional two members shall be appointed as follows: one member shall be appointed by the Senate Committee on Assignments, and one member shall be appointed by the Speaker of the House of Representatives. Each commission member shall serve for a three-year term and until a successor is appointed and qualified. No member shall serve more than two consecutive terms. Any vacancy on the commission for any reason other than expiration of term shall be filled in the same manner as the original appointment for the remainder of the unexpired term. (B) The commission shall select one member as chairperson. (C) The commission shall be attached to the Department of Human Services for administrative purposes only as provided by Code Section 50-4-3. (2) Members of the commission shall serve as such without compensation. (3) The commission shall serve as the principal agency of the state to advocate on behalf of deaf or hard of hearing persons by working to ensure those persons have equal access to the services, programs, and opportunities available to others. (4) The commission shall: (A) Assist deaf or hard of hearing persons and parents of such persons who are students in advocating for equal access to services, programs, and opportunities; (B) Advise the Governor, General Assembly, commissioner of human services, and commissioner of community health on the development of policies, programs, and services affecting deaf or hard of hearing persons and on the use of appropriate federal and state moneys for such purposes; (C) Create a public awareness of the special needs and potential of deaf or hard of hearing persons; (D) Provide the Governor, General Assembly, commissioner of human services, and commissioner of community health with a review of ongoing services, programs, and proposed legislation affecting deaf or hard of hearing persons; (E) Advise the Governor, General Assembly, commissioner of human services, and commissioner of community health on statutes, rules, and policies necessary to ensure that deaf or hard of hearing persons have equal access to benefits and services provided to individuals in this state;

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(F) Recommend to the Governor, General Assembly, commissioner of human services, and commissioner of community health legislation designed to improve the economic and social conditions of deaf or hard of hearing persons in this state; (G) Propose solutions to problems of deaf or hard of hearing persons in the areas of education, employment, human rights, human services, health, housing, and other related programs; (H) Work with other state and federal agencies and private organizations to promote economic development for deaf or hard of hearing persons; and (I) Coordinate its efforts with other state and local agencies serving deaf or hard of hearing persons. (5) The commission may appoint, subject to the availability of funds and approval of the Governor, an executive director who must be experienced in administrative activities and familiar with the problems and needs of deaf or hard of hearing persons. The commission may delegate to the executive director any powers and duties under this subsection that do not require commission approval. The executive director may be removed at any time by a majority vote of the commission. The executive director shall coordinate the provision of necessary support services to the commission with the Department of Human Services. Subject to availability of funds, the executive director may employ and direct staff necessary to carry out commission mandates, policies, activities, and objectives. (6) The commission may contract in its own name. Contracts must be approved by a majority of the members of the commission and executed by the chairperson and the executive director. The commission may apply for, receive, and expend in its own name grants and gifts of money consistent with the powers and duties specified in this subsection. (7) The commission may prepare and distribute periodic reports to the Governor, General Assembly, commissioner of human services, and commissioner of community health concerning the activities of the commission and the needs and concerns of deaf or hard of hearing persons. (c)(1) There is created within the Georgia Commission for the Deaf or Hard of Hearing a multiagency task force for the purposes of establishing a system of collaborative governance responsible for making recommendations to the General Assembly and the Governor regarding essential improvements to the state-wide system of developmental and educational services that support age-appropriate language and literacy proficiency for children who are deaf or hard of hearing from birth to third grade; engaging with stakeholders at the Department of Public Health, the Department of Early Care and Learning, and the Department of Education to ensure a seamless, integrated system of care from birth to literacy for children who are deaf or hard of hearing; and developing and supporting interagency practices and policies that support the implementation of individualized birth to literacy plans for each child who is deaf or hard of hearing. (2) The multiagency task force shall consist of eight members appointed by the Georgia Commission for the Deaf or Hard of Hearing. Such appointed members shall include: the

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chairperson of the commission, one member from the Department of Education with direct authority over deaf education in the state, one member from the Department of Public Health with direct authority over the early intervention program, one member from the Department of Early Care and Learning with direct authority over the preschool program, the coordinator of the early hearing detection and intervention program administered by the Department of Public Health, one member from the Department of Public Health with direct responsibility of current data management systems which track and monitor early identification and intervention for deaf or hard of hearing children, one member from the Department of Education with direct responsibility of current data management systems which track, monitor, and assess deaf or hard of hearing children, and one member from the State Board of Education. Each task force member shall serve for a three-year term and until a successor is appointed and qualified. No member shall serve more than two consecutive terms. Any vacancy on the task force for any reason other than expiration of term shall be filled in the same manner as the original appointment for the remainder of the unexpired term. A quorum of the task force shall be two-thirds of the members of the task force. Action of the task force shall require a two-thirds' vote of the entire task force membership. (3) The task force may appoint, subject to the availability of funds and approval of the chairperson, an executive director who must be experienced in administrative activities and familiar with the individualized needs of children who are deaf or hard of hearing. The task force may delegate to the executive director any powers and duties required to facilitate the task force's policies, activities, and objectives. The executive director may be removed, at any time, by a majority vote of the task force. The executive director shall coordinate with the Department of Human Services to provide necessary support services to the task force. (4) The chairperson shall call an organizational meeting of the task force on or before August 1, 2018. (d)(1) There is created a stakeholder advisory committee to provide information and guidance to the task force created pursuant to subsection (c) of this Code section. (2) The stakeholder advisory committee shall consist of 13 members appointed by the commission based upon the following criteria for each member:
(A) A parent of a child, under ten years of age, who is deaf or hard of hearing and who uses American Sign Language; (B) A parent of a child, under ten years of age, who is deaf or hard of hearing and who uses Spoken English exclusively; (C) A parent of a child, under ten years of age, who is deaf or hard of hearing and for whom English is a second language; (D) An adult who is deaf or hard of hearing who uses American Sign Language; (E) An adult who is deaf or hard of hearing who uses Spoken English exclusively; (F) A certified early intervention specialist who works with children from birth to three years of age using American Sign Language;

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(G) A certified early intervention specialist who works with children from birth to three years of age using Spoken English exclusively; (H) A certified early intervention specialist with experience in non-Metro Atlanta areas; (I) A certified teacher who uses Spoken English exclusively during instruction for deaf or hard of hearing children in pre-kindergarten through third grade in non-Metro Atlanta school systems; (J) A certified teacher who uses both American Sign Language and Spoken English during instruction for deaf or hard of hearing children between pre-kindergarten through third grade; (K) A certified deaf teacher who uses American Sign Language during instruction for deaf or hard of hearing children in pre-kindergarten through third grade in a state school for the deaf; (L) A certified teacher who uses Spoken English exclusively during instruction for deaf or hard of hearing children in pre-kindergarten through third grade in Metro Atlanta school systems; and (M) A pediatric audiologist with knowledge of language development who provides audiological assessment and management for hearing aids, cochlear implants, and bone-conduction aids for children who are deaf or hard of hearing. (3) Each committee member shall serve for a three-year term and until a successor is appointed and qualified. No member shall serve more than two consecutive terms. Any vacancy on the committee for any reason other than expiration of term shall be filled in the same manner as the original appointment for the remainder of the unexpired term. Seven members of the committee shall constitute a quorum. Action of the committee shall require a two-thirds' vote of the entire committee membership. (e) The task force, with counsel from the stakeholder advisory committee, shall provide the commission: (1) A list of developmental milestones necessary for progressing toward age-appropriate language, including American Sign Language, Spoken English, and home language milestones, and English literacy proficiency by the end of third grade for deaf or hard of hearing children; (2) A comprehensive and accurate resource, web-based and print-based, for use by parents and professionals to monitor the individual progress of children who are deaf or hard of hearing toward age-appropriate language as chosen by a parent or guardian, including American Sign Language, Spoken English, home language, and English literacy proficiency, by the end of third grade; (3) A list of currently available assessments appropriate for evaluating an individual child's progress toward age-appropriate language as chosen by a parent or guardian, including American Sign Language, Spoken English, home language, and English literacy proficiency, by the end of third grade, and a standard administration schedule for each type of assessment. There shall be, at a minimum, one language assessment every six

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months and one literacy assessment every six months beginning at the date of enrollment in early intervention or school; and (4) An individual report of a child's current functioning, developed in collaboration with professionals and the parents or caregivers, that will be used for the purpose of supporting a child's progress toward age-appropriate language as chosen by a parent or guardian and English literacy proficiency by the end of third grade. (f) The recommendations provided for in subsection (e) of this Code section shall require a two-thirds' affirmative vote of the entire task force membership prior to implementation. It is the intent of the General Assembly that all costs associated with the implementation of such recommendations shall be funded, as available, by the funds designated to the Department of Public Health, the Department of Early Care and Learning, and the Department of Education, or local school systems. (g)(1) The Georgia Technology Authority, in conjunction with the Department of Public Health, the Department of Early Care and Learning, and the Department of Education, shall establish a process by which early intervention, early learning, and school age educational data for children who are deaf or hard of hearing will be shared among agencies and used to gauge the progress of age-appropriate and on-grade-level student performance from birth through high school graduation for every child who is deaf or hard of hearing. This data shall be used to align early intervention and educational services and performance for children who are deaf or hard of hearing. Interagency data management shall allow for the sharing of demographic information and other data among agencies to ensure a seamless and integrated service delivery from birth through high school graduation. Parents or guardians may opt out of the data management, if desired. (2) In order to identify and monitor the language and literacy progress of all children in Georgia who are diagnosed as deaf or hard of hearing on or after August 1, 2018, all such children shall receive Georgia Testing Identification Numbers (GTIDs) from the Department of Education once the Department of Public Health receives an official diagnosis of hearing loss from a certified audiologist. The Department of Public Health shall be responsible for requesting GTIDs from the Department of Education on a monthly schedule. The Department of Public Health shall be responsible for entering the GTIDs into the Early Hearing Detection and Intervention Database used to monitor children who are deaf or hard of hearing. At the time of transition, the Department of Public Health shall be responsible for sharing GTIDs and language and literacy data with the Department of Early Care and Learning and the Department of Education to ensure a seamless and integrated service delivery from Part C to Part B of the Individuals with Disabilities Education Act (IDEA). Any gathering and sharing of data under this provision must comply with Health Insurance Portability and Accountability Act (HIPAA), Family Education Rights and Privacy Act (FERPA), and IDEA, and any other applicable federal or state law. (h) A report detailing the provision of early intervention and school-age services and the language and literacy outcomes for children who are deaf or hard of hearing between the

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ages of birth and eight years shall be completed on or before September 1, 2019, and a similar report shall be completed on or before September 1 every year thereafter. Such report shall be jointly authored by the Department of Public Health, the Department of Early Care and Learning, and the Department of Education and approved by the commission and the advisory committee. The commission shall make the report available to the public on its website and present this report to the Governor and General Assembly no later than September 15, 2019, and every September 15 thereafter."

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, 2018.

__________

COURTS RETIREMENT AND PENSIONS PEACE OFFICERS' ANNUITY AND BENEFIT FUND; PAYMENT OF FEES.

No. 463 (Senate Bill No. 369).

AN ACT

To amend Code Section 15-18-80 and Article 4 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to policy and procedure and revenues collected from fines and fees, respectively, so as to provide for payments to the Peace Officers' Annuity and Benefit Fund from fees collected in criminal and quasi-criminal cases prior to adjudication of guilt; to provide for collection and payments to the fund; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 15-18-80 of the Official Code of Georgia Annotated, relating to policy and procedure, is amended by revising subsection (f) as follows:
"(f) The prosecuting attorney shall be authorized to assess from each offender who enters the program a fee not to exceed $1,000.00 for the administration of the program. Such fee

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may be waived in part or in whole or made payable in monthly increments upon a showing of good cause to the prosecuting attorney. Any fee collected under this subsection shall be collected by the clerk of court and made payable to the general fund of the political subdivision in which the case is being prosecuted. For purposes of subsection (a.1) of Code Section 47-17-60, the clerk of court shall provide the political subdivision all relevant records and completed forms for compliance with such Code section."

SECTION 2. Article 4 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to revenues collected from fines and fees, is amended by revising Code Section 47-17-60, relating to payments to the fund from fines and bonds collected in criminal and quasi-criminal cases, duty of collecting authority to record and remit sums collected, and penalty, as follows:
"47-17-60. (a) A portion of each fine collected and each bond forfeited and collected in any criminal or quasi-criminal case for violation of state statutes, county ordinances, or municipal ordinances, which case is before any court or tribunal in this state, shall be paid to the secretary-treasurer according to the following schedule:
(1) Three dollars for any fine or bond forfeiture of more than $4.00, but not more than $25.00; (2) Four dollars for any fine or bond forfeiture of more than $25.00, but not more than $50.00; (3) Five dollars for any fine or bond forfeiture of more than $50.00, but not more than $100.00; (4) Five percent of any fine or bond forfeiture of more than $100.00. For purposes of determining amounts to be paid to the secretary-treasurer, the amount of the fine or bond collected shall be deemed to include costs. The amounts provided for shall be paid to the secretary-treasurer before the payment of any costs or any claim whatsoever against such fine or forfeiture. The collecting authority shall pay such amounts to the secretary-treasurer on the first day of the month following that in which they were collected or at such other time as the board may provide. With such payment there shall be filed an acceptable form which shows the number of cases in each of the above categories and the amounts due in each category. It shall be the duty of the collecting authority to keep accurate records of the amounts due the board so that the records may be audited or inspected at any time by any representative of the board under its direction. Sums remitted to the secretary-treasurer under this Code section shall be used as provided for elsewhere in this chapter. (a.1) Five dollars of each fee collected prior to adjudication of guilt for purposes of pretrial diversion pertaining to any criminal or quasi-criminal case for violation of state statutes, county ordinances, or municipal ordinances as provided for in subsection (f) of Code Section 15-18-80, which case is before any court or tribunal in this state, shall be paid to the secretary-treasurer. The political subdivision as provided for in subsection (f) of Code

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Section 15-18-80 shall pay such amounts to the secretary-treasurer on the first day of the month following that in which they were collected or at such other time as the board may provide. With such payment there shall be filed an acceptable form from the clerk of court which shows the number of cases in each of the above categories and the amounts due in each category. It shall be the duty of the clerk of court to keep accurate records of the amounts due the board so that the records may be audited or inspected at any time by any representative of the board under its direction. Sums remitted to the secretary-treasurer under this Code section shall be used as provided for elsewhere in this chapter. (b) If the collecting authority fails to remit such amounts with an acceptable form properly filled out within 60 days of the date on which such remittal is due, the same shall be delinquent, and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of the principal amount per month for each month during which the funds continue to be delinquent, provided that such penalty shall not exceed 25 percent of the principal due. In addition to such penalty, interest shall be charged on delinquent amounts at the rate of 6 percent per annum from the date the funds become delinquent until they are paid. All funds due on or before April 1, 1966, and not paid shall be delinquent after the expiration of 60 days from that date. By affirmative vote of all members, the board, upon the payment of the delinquent funds together with interest and for good cause shown, may waive the specific penalty otherwise charged under this subsection."

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

Approved May 8, 2018.

__________

MOTOR VEHICLES AND TRAFFIC LICENSE PLATES; WAIVERS OF CERTAIN REQUIREMENTS; SPECIALTY PLATES FOR GEORGIA'S WORKING FORESTS AND THE GEORGIA FORESTRY FOUNDATION; REVISED DEDICATED AMOUNTS FOR SPECIALTY PLATES PROMOTING DOG AND CAT STERILIZATION.

No. 464 (House Bill No. 695).

AN ACT

To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to allow for the waiver of certain

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requirements for license plates relating to vehicles of state and political subdivisions; to establish a special license plate honoring Georgia's working forests and the Georgia Forestry Foundation; to change the amount dedicated to a sponsoring agency, fund, or nonprofit corporation related to a special license plate promoting dog and cat sterilization; to provide for related matters; to provide for compliance with constitutional requirements; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended in Code Section 40-2-37, relating to registration and licensing of vehicles of state and political subdivisions, by revising subsection (c) as follows:
"(c) All license plates issued to government vehicles pursuant to this Code section shall be marked in such a manner as to indicate the specific type of governmental unit operating the vehicle. These markings shall be prominently displayed and shall consist of one of the following appropriate legends: 'STATE,' 'CITY,' 'COUNTY,' 'AUTHORITY,' or 'BOARD.' In addition, each such license plate shall bear a county identification strip indicating the county in which the vehicle is based except that vehicles owned by the state shall not be required to bear such county identification strip. The commissioner shall be authorized to grant a waiver of the requirements of this subsection such that regular Georgia license plates may be issued for any vehicle or vehicles owned by the State of Georgia, any municipality of this state, or any other political subdivision of this state upon finding issuance of such waiver to be in the best interest of public safety, public welfare, or efficient administration."

SECTION 2. Said chapter is further amended in subsection (l) of Code Section 40-2-86, relating to special license plates promoting and supporting certain beneficial projects, agencies, funds, or nonprofit corporations, by revising paragraph (6) as follows:
"(6) Reserved."

SECTION 3. Said chapter is further amended in subsection (m) of Code Section 40-2-86, relating to special license plates promoting and supporting certain beneficial projects, agencies, funds, or nonprofit corporations, by adding a new paragraph to read as follows:
"(14) A special license plate honoring Georgia's working forests and the benefits they provide to Georgians, with the words '#1 in Forestry' to be displayed across the bottom. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Georgia Forestry Foundation."

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SECTION 4. Said chapter is further amended in subsection (n) of Code Section 40-2-86, relating to special license plates promoting and supporting certain beneficial projects, agencies, funds, or nonprofit corporations, by adding a new paragraph to read as follows:
"(7) A special license plate promoting the dog and cat reproductive sterilization support program of the Department of Agriculture. The funds raised by the sale of this special license plate shall be disbursed to the Department of Agriculture and shall be deposited in the special fund for support of the dog and cat reproductive sterilization support program created by Code Section 4-15-1 and Article III, Section IX, Paragraph VI(m) of the Constitution of the State of Georgia."

SECTION 5. 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 the requisite two-thirds' majority vote in both the Senate and the House of Representatives is received.

SECTION 6. (a) Except as provided for in subsection (b) of this section, this Act shall become effective on July 1, 2018. (b) Section 3 of this Act shall become effective on July 1, 2019.

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

Approved May 8, 2018.

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REVENUE AND TAXATION AD VALOREM TAXATION; BONA FIDE CONSERVATION USE; REQUIREMENTS OF PROOF; PAYMENT OF ATTORNEY'S FEES; DISCONTINUANCE UNDER CERTAIN CONDITIONS.

No. 465 (Senate Bill No. 458).

AN ACT

To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to change certain requirements for proof of bona fide conservation use; to provide for payment of

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attorney's fees and interest in certain situations; to provide conditions upon which family owned farmed entities may elect to discontinue a qualifying use of bona fide conservation use property while incurring a reduced penalty; 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 subsections (a), (b), (j), (k.1), (l), and (q) of Code Section 48-5-7.4, relating to bona fide conservation use property, as follows:
"(a) For purposes of this article, the term 'bona fide conservation use property' means property described in and meeting the requirements of paragraph (1) or (2) of this subsection, as follows:
(1) Not more than 2,000 acres of tangible real property of a single person, the primary purpose of which is any good faith production, including but not limited to subsistence farming or commercial production, from or on the land of agricultural products or timber, subject to the following qualifications:
(A) Such property includes the value of tangible property permanently affixed to the real property which is directly connected to such owner's production of agricultural products or timber and which is devoted to the storage and processing of such agricultural products or timber from or on such real property; (A.1) In the application of the limitation contained in the introductory language of this paragraph, the following rules shall apply to determine beneficial interests in bona fide conservation use property held in a family owned farm entity as described in division (1)(C)(iv) of this subsection:
(i) A person who owns an interest in a family owned farm entity as described in division (1)(C)(iv) of this subsection shall be considered to own only the percent of the bona fide conservation use property held by such family owned farm entity that is equal to the percent interest owned by such person in such family owned farm entity; and (ii) A person who owns an interest in a family owned farm entity as described in division (1)(C)(iv) of this subsection may elect to allocate the lesser of any unused portion of such person's 2,000 acre limitation or the product of such person's percent interest in the family owned farm entity times the total number of acres owned by the family owned farm entity subject to such bona fide conservation use assessment, with the result that the family owned farm entity may receive bona fide conservation use assessment on more than 2,000 acres; (B) Such property excludes the entire value of any residence and its underlying property; as used in this subparagraph, the term 'underlying property' means the

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minimum lot size required for residential construction by local zoning ordinances or two acres, whichever is less. The board of tax assessors shall not require a recorded plat or survey to set the boundaries of the underlying property. This provision for excluding the underlying property of a residence from eligibility in the conservation use covenant shall only apply to property that is first made subject to a covenant or is subject to the renewal of a previous covenant on or after May 1, 2012; (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 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; or (vii) In the case of constructed storm-water wetlands, any person may own such property; (D) Factors which may be considered in determining if such property is qualified may include, but not be limited to: (i) The nature of the terrain; (ii) The density of the marketable product on the land; (iii) The past usage of the land; (iv) The economic merchantability of the agricultural product; and

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(v) The utilization or nonutilization of recognized care, cultivation, harvesting, and like practices applicable to the product involved and any implemented plans thereof; (E) Such property shall, if otherwise qualified, include, but not be limited to, property used for: (i) Raising, harvesting, or storing crops; (ii) Feeding, breeding, or managing livestock or poultry; (iii) Producing plants, trees, fowl, or animals, including without limitation the production of fish or wildlife by maintaining not less than ten acres of wildlife habitat either in its natural state or under management, which shall be deemed a type of agriculture; provided, however, that no form of commercial fishing or fish production shall be considered a type of agriculture; or (iv) Production of aquaculture, horticulture, floriculture, forestry, dairy, livestock, poultry, and apiarian products; and (F) The primary purpose described in this paragraph includes land conservation and ecological forest management in which commercial production of wood and wood fiber products may be undertaken primarily for conservation and restoration purposes rather than financial gain; or (2) Not more than 2,000 acres of tangible real property, excluding the value of any improvements thereon, of a single owner of the types of environmentally sensitive property specified in this paragraph and certified as such by the Department of Natural Resources, if the primary use of such property is its maintenance in its natural condition or controlling or abating pollution of surface or ground waters of this state by storm-water runoff or otherwise enhancing the water quality of surface or ground waters of this state and if such owner meets the qualifications of subparagraph (C) of paragraph (1) of this subsection: (A) Environmentally sensitive areas, including any otherwise qualified land area 1,000 feet or more above the lowest elevation of the county in which such area is located that has a percentage slope, which is the difference in elevation between two points 500 feet apart on the earth divided by the horizontal distance between those two points, of 25 percent or greater and shall include the crests, summits, and ridge tops which lie at elevations higher than any such area; (B) Wetland areas that are determined by the United States Army Corps of Engineers to be wetlands under their jurisdiction pursuant to Section 404 of the federal Clean Water Act, as amended, or wetland areas that are depicted or delineated on maps compiled by the Department of Natural Resources or the United States Fish and Wildlife Service pursuant to its National Wetlands Inventory Program; (C) Significant ground-water recharge areas as identified on maps or data compiled by the Department of Natural Resources; (D) Undeveloped barrier islands or portions thereof as provided for in the federal Coastal Barrier Resources Act, as amended;

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(E) Habitats as certified by the Department of Natural Resources as containing species that have been listed as either endangered or threatened under the federal Endangered Species Act of 1973, as amended; (F) River or stream corridors or buffers which shall be defined as those undeveloped lands which are:
(i) Adjacent to rivers and perennial streams that are within the 100 year flood plain as depicted on official maps prepared by the Federal Emergency Management Agency; or (ii) Within buffer zones adjacent to rivers or perennial streams, which buffer zones are established by law or local ordinance and within which land-disturbing activity is prohibited; or (G)(i) Constructed storm-water wetlands of the free-water surface type certified by the Department of Natural Resources under subsection (k) of Code Section 12-2-4 and approved for such use by the local governing authority. (ii) No property shall maintain its eligibility for current use assessment as a bona fide conservation use property as defined in this subparagraph unless the owner of such property files an annual inspection report from a licensed professional engineer certifying that as of the date of such report the property is being maintained in a proper state of repair so as to accomplish the objectives for which it was designed. Such inspection report and certification shall be filed with the county board of tax assessors on or before the last day for filing ad valorem tax returns in the county for each tax year for which such assessment is sought." "(b) Except in the case of the underlying portion of a tract of real property on which is actually located a constructed storm-water wetland, the following additional rules shall apply to the qualification of conservation use property for current use assessment: (1) When one-half or more of the area of a single tract of real property is used for a qualifying purpose, then such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the unused portion; provided, however, that such unused portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems. The lease of hunting rights or the use of the property for hunting purposes shall not constitute another type of business. The charging of admission for use of the property for fishing purposes shall not constitute another type of business; (2)(A) The owner of a tract, lot, or parcel of land totaling less than ten acres shall be required by the tax assessor to submit additional relevant records regarding proof of bona fide conservation use for qualified property that on or after May 1, 2012, is either first made subject to a covenant or is subject to a renewal of a previous covenant. The provisions of this paragraph relating to requiring additional relevant records regarding proof of bona fide conservation use shall not apply to such property if the owner of the subject property provides one or more of the following:

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(i) Proof that such owner has filed with the Internal Revenue Service a Schedule E, reporting farm related income or loss, or a Schedule F, with Form 1040, or, if applicable, a Form 4835, pertaining to such property; (ii) Proof that such owner has incurred expenses for the qualifying use; or (iii) Proof that such owner has generated income from the qualifying use. Prior to a denial of eligibility under this paragraph, the tax assessor shall conduct and provide proof of a visual, on-site inspection of the property. Reasonable notice shall be provided to the property owner before being allowed a visual, on-site inspection of the property by the tax assessor. (B) The owner of a tract, lot, or parcel of land totaling ten acres or more shall not be required by the tax assessor to submit additional relevant records regarding proof of bona fide conservation use for qualified property that on or after May 1, 2012, is either first made subject to a covenant or is subject to a renewal of a previous covenant; (3) No property shall qualify as bona fide conservation use property if such current use assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving in any tax year any benefit of current use assessment as to more than 2,000 acres. If any taxpayer has any beneficial interest in more than 2,000 acres of tangible real property which is devoted to bona fide conservation uses, such taxpayer shall apply for current use assessment only as to 2,000 acres of such land; (4) No property shall qualify as bona fide conservation use property if it is leased to a person or entity which would not be entitled to conservation use assessment; (5) No property shall qualify as bona fide conservation use property if such property is at the time of application for current use assessment subject to a restrictive covenant which prohibits the use of the property for the specific purpose described in subparagraph (a)(1)(E) of this Code section for which bona fide conservation use qualification is sought; and (6) No otherwise qualified property shall be denied current use assessment on the grounds that no soil map is available for the county in which such property is located; provided, however, that if no soil map is available for the county in which such property is located, the owner making an application for current use assessment shall provide the board of tax assessors with a certified soil survey of the subject property unless another method for determining the soil type of the subject property is authorized in writing by such board." "(j)(1) All applications for current use assessment under this Code section, including the covenant agreement required under this Code section, shall be filed on or before the last day for filing ad valorem tax returns in the county for the tax year for which such current use assessment is sought, except that in the case of property which is the subject of a reassessment by the board of tax assessors an application for current use assessment may be filed in conjunction with or in lieu of an appeal of the reassessment. An application for continuation of such current use assessment upon a change in ownership of all or a part of the qualified property shall be filed on or before the last date for filing tax returns in the

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year following the year in which the change in ownership occurred. Applications for current use assessment under this Code section shall be filed with the county board of tax assessors who shall approve or deny the application. If the application is approved on or after July 1, 1998, the county board of tax assessors shall file a copy of the approved application in the office of the clerk of the superior court in the county in which the eligible property is located. The clerk of the superior court shall file and index such application in the real property records maintained in the clerk's office. Applications approved prior to July 1, 1998, shall be filed and indexed in like manner without payment of any fee. If the application is not so recorded in the real property records, a transferee of the property affected shall not be bound by the covenant or subject to any penalty for its breach. The fee of the clerk of the superior court for recording such applications approved on or after July 1, 1998, shall be paid by the owner of the eligible property with the application for preferential treatment and shall be paid to the clerk by the board of tax assessors when the application is filed with the clerk. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306 and shall return any filing fees advanced by the owner. Appeals from the denial of an application by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (2) If the final determination on appeal to superior court is to approve the application for current use assessment, the taxpayer shall recover costs of litigation and reasonable attorney's fees incurred in the action. (3) Any final determination on appeal that causes a reduction in taxes and creates a refund that is owed to the taxpayer shall be paid by the tax commissioner to such taxpayer, entity, or transferee that paid the taxes within 60 days from the date of the final determination of value. Such refund shall include interest at the same rate specified in Code Section 48-2-35 which shall accrue from the due date of the taxable year in question or the date paid, whichever is later, through the date on which the final determination of value was made. In no event shall the amount of such interest exceed $5,000.00. Any refund paid after the sixtieth day shall accrue interest from the sixty-first day until paid with interest at the same rate specified in Code Section 48-2-35. The interest accrued after the sixtieth day shall not be subject to the limits imposed by this subsection. The tax commissioner shall pay the tax refund and any interest for the refund from current collections in the same proportion for each of the levying authorities for which the taxes were collected. (4) For the purposes of this Code section, any final determination on appeal that causes an increase in taxes and creates an additional billing shall be paid to the tax commissioner as any other tax due. After the tax bill notice has been mailed out, the taxpayer shall be afforded 60 days from the date of the postmark to make full payment of the adjusted bill. Once the 60 day payment period has expired, the bill shall be considered past due and interest shall accrue from the original billing due date as specified in Code

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Section 48-2-40 without limit until the bill is paid in full. Once past due, all other fees, penalties, and late and collection notices shall apply as prescribed in this chapter for the collection of delinquent taxes. (5) In the event such application is approved, the taxpayer shall continue to receive annual notification of any change in the fair market value of such property and any appeals with respect to such valuation shall be made in the same manner as other property tax appeals are made pursuant to Code Section 48-5-311." "(k.1) In the case of an alleged breach of the covenant, the owner shall be notified in writing by the board of tax assessors. The owner shall have a period of 30 days from the date of such notice to cease and desist the activity alleged in the notice to be in breach of the covenant or to remediate or correct the condition or conditions alleged in the notice to be in breach of the covenant. Following a physical inspection of property, the board of tax assessors shall notify the owner that such activity or activities have or have not properly ceased or that the condition or conditions have or have not been remediated or corrected. The owner shall be entitled to appeal the decision of the board of tax assessors and file an appeal disputing the findings of the board of tax assessors. Such appeal shall be conducted in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. If the final determination on appeal to superior court is to reverse the decision of the board of tax assessors to enforce the breach of the covenant, the taxpayer shall recover costs of litigation and reasonable attorney's fees incurred in the action. (l) A penalty shall be imposed under this subsection if during the period of the covenant entered into by a taxpayer the covenant is breached. The penalty shall be applicable to the entire tract which is the subject of the covenant and shall be twice the difference between the total amount of tax paid pursuant to current use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period. No penalty shall be imposed until the appeal of the board of tax assessors' determination of breach is concluded. After the final determination on appeal, the taxpayer shall be afforded 60 days from issuance of the bill to make full payment. Once the 60 day payment period has expired, the bill shall be considered past due and interest shall accrue from the original billing due date as specified in Code Section 48-2-40 without limit until the bill is paid in full. Once past due, all other fees, penalties, and late and collection notices shall apply as prescribed in this chapter for the collection of delinquent taxes." "(q) In the following cases, the penalty specified by subsection (l) of this Code section shall not apply and the penalty imposed shall be the amount by which current use assessment has reduced taxes otherwise due for the year in which the covenant is breached, such penalty to bear interest at the rate specified in Code Section 48-2-40 from the date of the breach: (1) Any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt or the property is conveyed to the lienholder without compensation and in lieu of foreclosure, if:

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(A) The deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consideration equal in value to the principal amount of the debt secured by the deed to secure debt; (B) The loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and (C) The deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (l) of this Code section; (2) Any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the owner of the real property physically unable to continue the property in the qualifying use, provided that the board of tax assessors shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability; (3) Any case in which a covenant is breached solely as a result of an owner electing to discontinue the property in its qualifying use, provided such owner has renewed without an intervening lapse at least once the covenant for bona fide conservation use, has reached the age of 65 or older, and has kept the property in a qualifying use under the renewal covenant for at least three years. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors; (4) Any case in which a covenant is breached solely as a result of an owner electing to discontinue the property in its qualifying use, provided such owner entered into the covenant for bona fide conservation use for the first time after reaching the age of 67 and has either owned the property for at least 15 years or inherited the property and has kept the property in a qualifying use under the covenant for at least three years. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors; or (5) Any case in which a covenant is breached solely as a result of an owner that is a family owned farm entity as described in division (a)(1)(C)(iv) of this Code section electing to discontinue the property in its qualifying use on or after the effective date of this paragraph, provided the owner has renewed at least once, without an intervening lapse, the covenant for bona fide conservation use, has kept the property in a qualifying use under the renewal covenant for at least three years, and any current shareholder, member, or partner of such family owned farm entity has reached the age of 65 and such shareholder, member, or partner held some beneficial interest, directly or indirectly through a family owned farm entity, in the property continuously since the time the covenant immediately preceding the current renewal covenant was entered. Such election shall be in writing and shall not become effective until filed with the county board of tax assessors."

SECTION 2. This Act shall become effective on July 1, 2018.

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

Approved May 8, 2018.

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BUILDINGS AND HOUSING PROHIBIT LOCAL GOVERNMENTS FROM PROSCRIBING USE OF WOOD IN CERTAIN CONSTRUCTION.

No. 466 (House Bill No. 876).

AN ACT

To amend Code Section 8-2-25 of the Official Code of Georgia Annotated, relating to state-wide application of minimum standard codes, adoption of more stringent requirements by local governments, adoption of standards for which state code does not exist, and exemptions for farm buildings and structures, so as to prohibit counties and municipalities from proscribing the use of wood in the construction of buildings when state minimum standard codes are otherwise met; 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 8-2-25 of the Official Code of Georgia Annotated, relating to state-wide application of minimum standard codes, adoption of more stringent requirements by local governments, adoption of standards for which state code does not exist, and exemptions for farm buildings and structures, is amended by adding a new subsection to read as follows:
"(c.1) Notwithstanding subsection (c) of this Code section, no county or municipality shall prohibit the use of wood as a construction material so long as such use conforms to all applicable state minimum standard codes and the Georgia State Fire Code."

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

Approved May 8, 2018.

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CRIMINAL PROCEDURE VICTIM'S RIGHTS.

No. 468 (Senate Bill No. 127).

AN ACT

To amend Code Section 17-17-15 of the Official Code of Georgia Annotated, relating to the failure to provide notice not rendering responsible person liable or comprising a basis for error, the chapter not conferring standing, existing rights not affected, and waiver of rights by victim, so as to allow a victim to file a motion in a criminal case to assert certain rights; to provide for procedure; to provide for related matters; to provide for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 17-17-15 of the Official Code of Georgia Annotated, relating to the failure to provide notice not rendering responsible person liable or comprising a basis for error, the chapter not conferring standing, existing rights not affected, and waiver of rights by victim, is amended by revising subsection (c) as follows:
"(c)(1) Except as provided in this subsection, this chapter shall not confer upon a victim any standing to participate as a party in a criminal proceeding or to contest the disposition of any charge.
(2)(A) When a victim has made a written request to the prosecuting attorney to be notified of all proceedings and has provided contact information to the prosecuting attorney, and such victim asserts that he or she was not provided notification of a proceeding, he or she may file a motion requesting to be heard on such matter. When a victim has made a written request to the prosecuting attorney to be heard according to this chapter in a criminal proceeding and alleges that he or she was not given such opportunity by the prosecuting attorney or court, such victim may file a motion requesting to be heard on such matter. When a victim alleges that any other provision of this chapter has not been complied with, such victim may file a motion alleging such deficiency and requesting to be heard on such matter. (B) Such motion shall be filed as soon as possible, but not later than 20 days after the claimed denial. Such motion shall be filed in the criminal case, and the victim shall provide a copy of the motion and hearing notice to the prosecuting attorney and the defendant. (3) The court may set the victim's motion for a hearing or issue an order disposing of the motion. If the court conducts a hearing, the prosecuting attorney and the defendant shall have a right to be present at such hearing.

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(4) The court's decision on all issues of fact and law raised in a motion under this subsection shall be final and shall not be subject to appeal. (5) A motion filed pursuant to this subsection shall be the only means of raising or enforcing the rights provided under this chapter or Article I, Section I, Paragraph XXX of the Constitution of Georgia. (6) When the victim's motion alleges potential failure by the prosecuting attorney, the prosecuting attorney may recuse in accordance with Code Section 15-18-5 or 15-18-65, as applicable. When the victim's motion alleges potential failure by the court, the judge may recuse in accordance with Code Section 15-1-8."

SECTION 2. This Act shall become effective on January 1, 2019, provided that a constitutional amendment is passed by the General Assembly and is ratified by the voters in the November, 2018, General Election amending the Constitution of Georgia so as to provide certain rights to victims against whom a crime has allegedly been perpetrated and allow victims to assert such rights. If such an amendment to the Constitution of Georgia is not so ratified, then this Act shall not become effective and shall stand repealed by operation of law on January 1, 2019.

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

Approved May 8, 2018.

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SOCIAL SERVICES GEORGIA ALZHEIMER'S AND RELATED DEMENTIAS STATE PLAN ADVISORY COUNCIL.

No. 469 (Senate Bill No. 444).

AN ACT

To amend Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, so as to create the Georgia Alzheimer's and Related Dementias State Plan Advisory Council; to provide for legislative declaration; to provide for definitions; to provide for membership; to provide for duties and reporting requirements; to provide for 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 "Senator Thorborn 'Ross' Tolleson, Jr., Act."

SECTION 2. Chapter 6 of Title 49 of the Official Code of Georgia Annotated, relating to services for the aging, is amended by adding a new article to read as follows:

"ARTICLE 8

49-6-90. The General Assembly having declared that Alzheimer's disease and related dementias is a looming state and national public health crisis and having found that it is in the best interest of the state and its citizenry to address this issue created a Georgia Alzheimer's and Related Dementias State Plan for the purpose of developing a strategy to mobilize a state response. The provisions of this chapter are enacted to further the intention of the State of Georgia to become a more dementia-friendly and dementia-capable environment for the citizens of Georgia with Alzheimer's disease and related dementias. To further that purpose, the Georgia Alzheimer's and Related Dementias State Plan Advisory Council is created to ensure that focus remains on implementing and amending as needed the goals set forth in the Georgia Alzheimer's and Related Dementias State Plan.

49-6-91. As used in this article, the term:
(1) 'Advisory council' means the Georgia Alzheimer's and Related Dementias State Plan Advisory Council as created and authorized by this article. (2) 'Alzheimer's' means having characteristics of Alzheimer's disease, a progressive and degenerative brain disease that causes impairment or change in memory, thinking, or behavior. (3) 'Commissioner' means the commissioner of human services. (4) 'Dementia' means any disease from a class of degenerative brain disorders that cause impairment or changes in memory, thinking, or behavior that are progressive and irreversible. Such diseases include, but are not limited to, Alzheimer's disease, Lewy Body dementia, frontotemporal dementia, and vascular dementia. (5) 'Department' means the Department of Human Services. (6) 'State plan' means the Georgia Alzheimer's and Related Dementias State Plan, as amended, created pursuant to legislation for the purpose of analyzing state demographics, prevalent statistics, and existing resources to gauge the state's capacity to meet growing needs and to present a roadmap for creating a more dementia-capable Georgia.

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49-6-92. (a) There is established the Georgia Alzheimer's and Related Dementias State Plan Advisory Council which shall consist of the following members:
(1) Eleven individuals are standing members due to their position in government agency, organization, or elected office:
(A) The commissioner of human services or his or her designee; (B) The director of the Division of Aging Services; (C) The President of the Georgia Association of Area Agencies on Aging or his or her designee; (D) The commissioner of community health or his or her designee; (E) The commissioner of public health or his or her designee; (F) The commissioner of behavioral health and developmental disabilities or his or her designee; (G) The chairperson of the Senate Health and Human Services Committee or his or her designee; (H) The chairperson of the House Committee on Health and Human Services or his or her designee; (I) The chairperson of the House Committee on Human Relations and Aging or his or her designee; (J) A representative of the Georgia Chapter of the Alzheimer's Association; and (K) A representative of the Georgia Council on Aging. (2) The Governor shall appoint one individual from around the state in each topical area below, chosen for his or her expertise or experience in one of the following six specific fields: (A) A provider of residential, health care, or personal care services to those living with dementia; (B) A social gerontologist or clinical researcher in an education or clinical setting with expertise in dementia; (C) An advocate with a not-for-profit or state agency whose role is to improve services for older adults or those living with dementia; (D) A medical professional with an active practice specializing in geriatrics, neurology, or other field closely related to dementia; (E) A caregiver, current or past, for a family member with dementia who has experience navigating health care service options; and (F) A person who has been diagnosed with dementia. (b) The advisory council shall serve in an advisory capacity to the Governor, the General Assembly, the Department of Human Services, and all other state agencies on matters relating to the Georgia Alzheimer's and Related Dementias State Plan. The advisory council shall review and make recommendations regarding progress toward the goals of the state plan and on progress in implementing resources and services to serve individuals with

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dementia related diseases around Georgia in the future. Such review and recommendations shall include, but not be limited to, the following:
(1) Selecting current priorities for state plan work groups to focus on; (2) Examining the current laws, rules and regulations, and policies of the various agencies that interact with services for individuals with dementia and making recommendations to improve the navigation of and provision of care services for those with dementia and their caregivers; (3) Proposing legislative or administrative changes to policies and programs needed for furtherance of the state plan; (4) Examining state and federal funding into the areas of the state plan and reviewing how to work interdisciplinarily to ensure the most efficient and effective use of available resources; (5) Locating and assisting departments or partner agencies in applying for new funding sources and new opportunities in furtherance of the goals of the state plan; and (6) Amending the state plan at least every three years and submitting the amended state plan to the Governor for authorization. (c) The advisory council shall annually elect a chairperson and vice chairperson from among its membership. The advisory council may elect such other officers and establish committees as it considers appropriate. Until a chairperson and vice chairperson are elected or if the chairperson or vice chairperson is unavailable, the director of the Division of Aging Services shall serve temporarily in that role until a new election can be held by the advisory council. The advisory council shall create and vote on bylaws and policies as needed. (d) The terms of those individuals appointed by the Governor pursuant to paragraph (2) of subsection (a) of this Code section shall serve for an appointment of two years, with the exception of the first year of existence of the advisory council. For the purpose of staggering term appointments, in the first appointment of the individuals in paragraph (2) of subsection (a) of this Code section, the Governor shall appoint three appointees for a one-year first term and three appointees for a two-year first term. All subsequent appointments or reappointments shall be for terms of two years. If an appointee resigns or is otherwise unable to complete the appointed term, the Governor shall appoint a new individual whose expertise or experience satisfies the vacated position within 90 days. (e) The advisory council shall meet at least quarterly and at such additional times as it shall determine necessary to perform its duties. The advisory council shall also meet on the call of the chairperson, the vice chairperson, the commissioner, or the Governor. All meetings shall contain updates from each work group and presentations on any developed proposals for furtherance of the state plan goals. At or before the summer quarterly meeting, the advisory council shall take a formal vote on any proposals or recommendations under consideration. (f) Starting on January 1 of the year after this article takes effect and repeating every three years after that date, the advisory council shall submit to the Governor for his or her approval and thereafter make available to the General Assembly a report on the work of the

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advisory council. This report shall include a summary of the progress report toward implementation of the state plan and recommendations for amendments to the state plan. If the advisory council determines that amendments need to be made to the state plan, an amended Georgia Alzheimer's and Related Dementia State Plan may be presented to the Governor for review and approval. (g) The department shall staff a position for the Georgia Alzheimer's and Related Dementias State Plan; such position shall be the state plan coordinator. The state plan coordinator shall assist the chairperson and advisory council on council related activities, coordinating the advisory council meetings, and coordinating and serving as a liaison between the work groups and the advisory council, and other associated duties as assigned by the department. The state plan coordinator shall ensure that the progress report is published pursuant to subsection (f) of this Code section. (h) The advisory council members shall serve in one or more of the Georgia Alzheimer's and Related Dementias State Plan work groups as described in the goals of the state plan. These work groups are to be composed of volunteers and individuals interested in dementia and shall meet between the quarterly meetings to develop the priorities from paragraph (1) of subsection (b) of this Code section to present recommendations to the full advisory council at its quarterly meetings. (i) Members shall serve without compensation, although each member of the advisory council shall be reimbursed for actual expenses incurred in the performance of his or her duties from funds available to the advisory council; provided, however, that any legislative member shall receive the allowances authorized by law for legislative members of interim legislative committees and any members who are state employees shall be reimbursed for expenses incurred by them in the same manner as they are reimbursed for expenses in their capacities as state employees."

SECTION 3. This Act shall become effective on July 1, 2018.

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

Approved May 8, 2018.

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LOCAL GOVERNMENT GEORGIA PROCUREMENT REGISTRY; ADVERTISEMENT OF CERTAIN BID OR PROPOSAL OPPORTUNITIES.

No. 470 (House Bill No. 489).

AN ACT

To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide that the Georgia Procurement Registry shall be used for the advertisement of certain bid or proposal opportunities for goods and services and public works construction contracts by a county, municipal corporation, or local board of education; to provide that advertisement via the Georgia Procurement Registry shall be at no cost to local government entities; to authorize the advertisement of such bid or proposal opportunities by local government entities in other media; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended in Chapter 80, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, by adding a new Code section to read as follows:
"36-80-26. If a bid or proposal opportunity is extended by a county, municipal corporation, or local board of education for goods and services valued at $10,000.00 or more or if a bid or proposal opportunity is extended for public works construction contracts subject to Chapter 91 of this title, such bid or proposal opportunity shall be advertised by such respective local governmental entity in the Georgia Procurement Registry, as established in subsection (b) of Code Section 50-5-69, at no cost to the local governmental entity. Such bid opportunity may also be advertised in the official legal organ of the county, municipal corporation, or local board of education in the same manner as required by Code Section 36-91-20 or other media normally utilized by the local governmental entity when advertising bid opportunities, including the Internet website of the local governmental entity. Each advertisement shall include such details and specifications as will enable the public to know the extent and character of the bid opportunity."

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SECTION 2. Said title is further amended in Code Section 36-91-20, relating to contracting and bidding requirements for public works construction contracts, by revising paragraph (1) of subsection (b) as follows:
"(b)(1) Prior to entering into a public works construction contract other than those exempted by Code Section 36-91-22, a governmental entity shall publicly advertise the contract opportunity. Such notice shall be posted conspicuously in the governing authority's office and shall be advertised in the legal organ of the county or by electronic means on an Internet website of the governmental entity or any appropriate Internet websites identified by the governmental entity which shall include the Georgia Procurement Registry as provided by Code Section 50-5-69, provided that such posting is at no cost to the governmental entity."

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

Approved May 8, 2018.

__________

COURTS SOCIAL SERVICES STATE GOVERNMENT EXTENDED CARE YOUTH SERVICES; JURISDICTION OF JUVENILE COURTS; TERMINATION OF DEPENDENCY ORDERS; CLARIFY PROVISIONS REGARDING OPEN RECORDS.

No. 472 (House Bill No. 906).

AN ACT

To amend Chapter 11 of Title 15 and Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the Juvenile Code and powers and duties of the Department of Human Services, respectively, so as to allow the Division of Family and Children Services of the Department of Human Services to offer extended care youth services to youths between 18 and 21 years of age under certain circumstances; to change a definition; to clarify juvenile court jurisdiction and the termination of dependency orders; to provide for voluntary agreements for services and court oversight; to change provisions relating to the Department of Human Services' powers and duties; to amend Part 1 of Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to dependency proceedings, so as to require certain information be provided to a caregiver, foster parent, preadoptive parent, or relative by DFCS upon placement of a child; to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of

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public records, so as to repeal certain provisions in order to clarify the law regarding the legislative branch of government; to exclude public disclosure of personal information of certain foster parents or former foster parents; 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.

Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile Code, is amended by revising paragraph (10) of Code Section 15-11-2, relating to definitions, as follows:
"(10) 'Child' means any individual who is: (A) Under the age of 18 years; (B) Under the age of 17 years when alleged to have committed a delinquent act; (C) Between 18 and 21 years of age and receiving extended care youth services from DFCS; or (D) Under the age of 21 years who committed an act of delinquency before reaching the age of 17 years and who has been placed under the supervision of the court or on probation to the court for the purpose of enforcing orders of the court."

SECTION 1-2. Said chapter is further amended by revising subparagraph (F) of paragraph (1) of Code Section 15-11-10, relating to exclusive original jurisdiction, as follows:
"(F) Is receiving extended care youth services; provided, however, that such jurisdiction shall be for the purpose of reviewing the status of the case, determining that extended care youth services are in the best interests of such child, adopting a transition plan for such child, ensuring the provision of developmentally appropriate services and supports consistent with such plans, and determining whether reasonable efforts are being made to transition such child to independent living or another planned permanent adult living arrangement; or"

SECTION 1-3. Said chapter is further amended by revising paragraph (16) of subsection (b) of Code Section 15-11-201, relating to DFCS case plan contents, as follows:
"(16) A requirement that the DFCS case manager and staff and, as appropriate, other representatives of such child provide him or her with assistance and support in developing a transition plan that is personalized at the direction of such child, including specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, and is as

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detailed as such child may elect. The transition plan shall be completed in the 90 day period immediately prior to the date on which such child will attain 18 years of age."

SECTION 1-4. Said chapter is further amended by revising subsection (c) of Code Section 15-11-214, relating to duration of disposition orders, as follows:
"(c) When a child adjudicated as a dependent child reaches 18 years of age, all orders in connection with dependency proceedings affecting him or her then in force terminate and he or she shall be discharged from further obligation or control."

SECTION 1-5. Said chapter is further amended by adding a new article to read as follows:

"ARTICLE 4A

15-11-340. (a) A child may receive extended care youth services from DFCS. In order to receive such services, he or she must be between 18 and 21 years of age, sign a voluntary placement agreement with DFCS, and meet objective eligibility criteria established by DFCS, which shall include one or more of the following requirements:
(1) Be completing secondary education or a program leading to an equivalent credential; (2) Be enrolled in an institution which provides postsecondary or vocational education; (3) Be a participant in a program or activity designed to promote or remove barriers to employment; (4) Be employed for at least 120 hours per month; (5) Be employed for 80 hours per month, provided that he or she is also engaged in one of the activities described in paragraphs (1) through (3) of this subsection or can only work 80 hours per month due to a medical condition; or (6) Be incapable of doing any of the activities described in paragraphs (1) through (5) of this subsection due to a medical condition. (b) When a child is receiving extended care youth services from DFCS, a DFCS case manager and staff, other representatives of such child and, as appropriate, such child shall develop a transition plan that is personalized at the direction of such child, including an option to execute a durable power of attorney for health care, health care proxy, or other similar document recognized by law with respect to health care and specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, and is as detailed as such child may elect. Such transition plan shall be completed within 30 days of the child agreeing to such services and shall be updated as required by this article. (c) A child may terminate a voluntary placement agreement and stop receiving extended care youth services at any time.

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(d) Every 60 days, a DFCS case manager shall determine if a child is still eligible for extended care youth services. If DFCS determines that a child is no longer eligible for extended care youth services, DFCS may terminate the voluntary placement agreement with such child and stop providing extended care youth services. DFCS shall provide written or electronic notice to such child regarding such termination and to the court that approved such services. (e) A child who is within 12 months of becoming 21 years of age shall not be permitted to sign a voluntary placement agreement with DFCS for extended care youth services.

15-11-341. (a) No later than 120 days after a voluntary placement agreement is signed by a child, DFCS shall file with the court a written report which shall contain the following:
(1) The child's name, date of birth, race, gender, and current address; (2) Facts to support a finding that the child meets the eligibility criteria for extended care youth services and an explanation as to why it is in the child's best interests to receive extended care youth services; (3) A copy of the signed voluntary placement agreement; (4) A plan for such child to transition to independent living or another planned permanent adult living arrangement which is appropriate for the age and independence of the child using a form adopted by DFCS; (5) Any information the child wants the court to consider; and (6) Any other information DFCS wants the court to consider. (b) Within 30 days of the filing of the written report required by this Code section, the court shall hold a review hearing and make written findings of fact for the purpose of determining whether extended care youth services are in the best interests of such child. The court shall issue an order with regard to the child having extended care youth services if it has determined that such services are in the best interests of the child and, as appropriate, approve or reject the plan for transition to independent living or another planned permanent adult living arrangement submitted by DFCS.

15-11-342. (a) When a child is receiving services under this article, the date such child is considered to have entered foster care shall be 60 days after such child signed the voluntary placement agreement.
(b)(1) No later than 12 months after a child is considered to have entered foster care, the court shall hold a hearing and make findings of fact for the purpose of determining whether:
(A) The services and supports provided by DFCS under the child's voluntary placement agreement are developmentally appropriate; (B) DFCS has made reasonable efforts to finalize the child's plan for transition to independent living or another planned permanent adult living arrangement; and

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(C) The child is making progress toward achieving independence. (2) The court shall issue an order adopting or rejecting any updated transition plan for such child. (c) So long as a child is eligible for and remains in extended care youth services, the court shall conduct periodic review hearings and make written findings of fact in accordance with subsection (b) of this Code section no later than 12 months following the previous hearing. Such periodic review hearings shall continue so long as such child is eligible for and remains in extended care youth services. (d) Five days prior to any hearing conducted under this Code section, DFCS shall submit a report for the court's consideration, on a form adopted by DFCS, recommending a plan for transition to independent living or another permanent planned adult living arrangement and include the child's name, address, and telephone number, the date he or she entered extended care youth services, and the placement and services being provided for such child. (e) Within the 90 day period prior to a child no longer receiving extended care youth services from DFCS, a DFCS case manager and staff, and other representatives of such child and, as appropriate, such child shall develop a final transition plan that is personalized at the direction of such child, including an option to execute a durable power of attorney for health care, health care proxy, or other similar document recognized by law with respect to health care and specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, and is as detailed as such child may elect."

PART II SECTION 2-1.

Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Services, is amended in subsection (a) 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) Extended care youth services for youths between 18 and 21 years of age as set forth in Article 4A of Chapter 11 of Title 15 and to receive federal reimbursement for providing such services in accordance with 42 U.S.C. Section 675, as it existed on February 1, 2018."

PART III SECTION 3-1.

Part 1 of Article 3 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to dependency proceedings, is amended by revising Code Section 15-11-109, relating to notice of hearings to specified nonparties, as follows:

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"15-11-109. (a) In advance of each hearing or review, DFCS shall give written notice of the date, time, place, and purpose of the review or hearing, including the right to be heard, to the caregiver of a child, the foster parent of a child, any preadoptive parent, or any relative providing care for a child. The written notice shall be delivered to the recipient at least 72 hours before the review or hearing, except in the case of preliminary protective hearings or emergency hearings when such notice is not possible, by United States mail, e-mail, or hand delivery. (b) Notice of a hearing or review shall not be construed to require a legal custodian, foster parent, preadoptive parent, or relative caring for a child to be made a party to the hearing or review solely on the basis of such notice and opportunity to be heard. (c) Upon placement of a child, DFCS shall provide the caregiver, foster parent, preadoptive parent, or relative providing care for such child with the following information in writing:
(1) At the time of placement: (A) An explanation of the process for enrolling the child in school and any information necessary to complete the process; (B) A description of any financial assistance for which the caregiver, foster parent, preadoptive parent, or relative may be eligible, including any financial assistance available for child care; (C) A description of the reasonable and prudent parenting standard defined in Code Section 49-5-3; and (D) Contact information for a county or district department of family and children services; and
(2) At the time of placement, if available: (A) A copy of or recommendations from the child's most recent physical and dental examinations and any available information on the child's known medical conditions and current medications; (B) A copy of or recommendations from the child's most recent developmental assessment, trauma assessment, and psychological evaluation; (C) A copy of any court scheduling order or the dates and times for any scheduled hearings relating to the child; and (D) Health insurance information for the child, including the child's Medicaid number.
If the information listed in this paragraph is not available to DFCS at the time of placement, DFCS shall request such information no later than 15 days after the child enters foster care and provide such information to the caregiver, foster parent, preadoptive parent, or relative providing care for the child. Provision of records in accordance with this paragraph shall not be considered a violation of subsection (b) of Code Section 49-5-40."

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PART IV SECTION 4-1.

Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended in subsection (a) of Code Section 50-18-72, relating to when public disclosure is not required, by repealing and reserving paragraph (12) and by adding a new paragraph to read as follows:
"(21.1)(A) Records of the Department of Human Services concerning any foster parent or former foster parent that reveal his or her home address, home telephone number, day and month of birth, social security number, insurance or medical information, mother's birth name, credit card information, debit card information, bank account information, account number, utility account number, password used to access his or her account, financial data or information other than compensation by a government agency, or unlisted telephone number if so designated in a public record or that reveal the identity of his or her immediate family members or dependents. (B) For the purposes of this paragraph, the term 'foster parent or former foster parent' means individuals who were approved to serve in such capacity by the Division of Family and Children Services of the Department of Human Services or a child-placing agency licensed in accordance with Code Section 49-5-12;"

PART V SECTION 5-1.

This part and Part IV of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Part II and Part III of this Act shall become effective on July 1, 2018. Part I of this Act shall become effective on July 1, 2020.

SECTION 5-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 8, 2018.

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DOMESTIC RELATIONS ADOPTION; USE OF CERTAIN INFORMATION.

No. 473 (House Bill No. 920).

AN ACT

To amend Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions for adoption, so as to allow for the use of the department's information concerning the parties to an adoption under certain circumstances; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions for adoption, is amended by adding a new subsection to Code Section 19-8-23, relating to where records of adoption kept, examination by parties and attorneys, and use of information by agency and department, as follows:
"(b.2)(1) As used in this paragraph, the term: (A) 'Director' means the director of the Division of Family and Children Services of the department. (B) 'Near fatality' shall have the same meaning as set forth in Code Section 49-5-40.
(2) Upon the approval of the director, or his or her designee, any information concerning an adopted child, such child's biological parents, and such child's adoptive parents may be used solely by the department when, after the adoption, such child dies, suffers a near fatality, or is an alleged victim of child abuse or neglect; provided, however, that the department may provide such information to the Office of the Child Advocate for the Protection of Children. Such information shall not otherwise be subject to disclosure or release under Article 4 of Chapter 18 of Title 50."

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

Approved May 8, 2018.

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COURTS ADOPTION PROCEEDINGS STAYED WHILE APPEAL OF ORDER TERMINATING PARENTAL RIGHTS PENDING; GROUNDS FOR TERMINATION; WAIVER OF RIGHT TO COUNSEL.

No. 474 (Senate Bill No. 131).

AN ACT

To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile Code, so as to provide that adoption proceedings be stayed while an appeal of an order to terminate parental rights is pending; to clarify the court's duties to a case while an appeal is pending; to clarify the statutory grounds for terminating parental rights and provide other considerations when terminating such rights; to clarify provisions relating to the waiver of the right to counsel; 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 15 of the Official Code of Georgia Annotated, relating to the Juvenile Code, is amended by revising Code Section 15-11-35, relating to appeals, as follows:
"15-11-35. In all cases of final judgments of the juvenile court, appeals shall be taken to the Court of Appeals or the Supreme Court in the same manner as appeals from the superior court. However, no such judgment or order shall be superseded or modified except in the discretion of the trial court; rather, the judgment or order of the court shall stand until reversed or modified by the reviewing court. The appeal of an order granting a petition to terminate parental rights shall stay an adoption proceeding related to the child who is the subject of such order until such order becomes final by the conclusion of appellate proceedings or the expiration of the time for seeking such review. Except for proceedings in connection with an adoption, the court shall continue to conduct hearings and issue orders in accordance with this chapter while an appeal in a case is pending."

SECTION 2. Said chapter is further amended by revising subsection (g) of Code Section 15-11-103, relating to the right to an attorney, as follows:
"(g) A party other than a child shall be informed of his or her right to an attorney prior to any hearing. A party other than a child shall be given an opportunity to:
(1) Obtain and employ an attorney of such party's own choice;

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(2) Obtain a court appointed attorney if the court determines that such party is an indigent person; or (3) Waive the right to an attorney, provided that such waiver is made knowingly, voluntarily, and on the record."

SECTION 3. Said chapter is further amended by revising paragraph (5) of subsection (a) and subsection (b) of Code Section 15-11-310, relating to grounds for determining termination of parental rights, as follows:
"(5) A child is a dependent child due to lack of proper parental care or control by his or her parent, reasonable efforts to remedy the circumstances have been unsuccessful or were not required, such cause of dependency is likely to continue or will not likely be remedied in the reasonably foreseeable future, and:
(A) Returning such child to his or her parent is likely to cause serious physical, mental, moral, or emotional harm to such child or threaten the physical safety or well-being of such child; or (B) Continuation of the parent and child relationship will cause or is likely to cause serious physical, mental, moral, or emotional harm to such child. (b) If any of the statutory grounds for termination has been met, the court shall then consider whether termination is in a child's best interests after considering the following factors: (1) Such child's sense of attachments, including his or her sense of security and familiarity, and the continuity of affection for such child; (2) Such child's wishes and long-term goals; (3) Such child's need for permanence, including his or her need for stability and continuity of relationships with a parent, siblings, and other relatives; (4) Any benefit to such child of being integrated into a stable and permanent home and the likely effect of delaying such integration into such stable and permanent home environment; (5) The detrimental impact of the lack of a stable and permanent home environment on such child's safety, well-being, or physical, mental, or emotional health; (6) Such child's future physical, mental, moral, or emotional well-being; and (7) Any other factors, including the factors set forth in Code Section 15-11-26, considered by the court to be relevant and proper to its determination."

SECTION 4. Said chapter is further amended by revising subsection (b) of Code Section 15-11-511, relating to arraignment, admissions at arraignment, and right to attorney, as follows:
"(b) The court may accept an admission at arraignment and may proceed immediately to disposition if a child is represented by counsel at arraignment. If a child's liberty is not in jeopardy, he or she may waive the right to counsel at arraignment, provided that such waiver

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is made knowingly, voluntarily, and on the record. A child represented by counsel or whose liberty is not in jeopardy may make a preliminary statement indicating whether he or she plans to admit or deny the allegations of the complaint at the adjudication hearing. The court shall not accept an admission from a child whose liberty is in jeopardy and who is unrepresented by counsel."

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

Approved May 8, 2018.

__________

DOMESTIC RELATIONS CHILD SUPPORT REFORM; INCREASE CERTAIN FEES OF DEPARTMENT OF HUMAN RESOURCES.

No. 475 (Senate Bill No. 427).

AN ACT

To amend Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support in final verdict or decree, guidelines for determining amount of award, continuation of duty to provide support, and duration of support, so as to change provisions relating to the court's discretion in making a final determination of support; to enact reforms recommended by the Georgia Child Support Commission; to clarify and revise a definition; to clarify the process of calculating child support when there is more than one child for whom support is being determined under certain circumstances; to change provisions relating to reliable evidence of income, voluntary unemployment, and involuntary loss of income to account for a parent's incarceration; to change provisions relating to health insurance; to change provisions relating to specific deviations; to change provisions relating to work related child care costs; to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the Child Support Recovery Act, so as to increase fees charged by the department; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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PART I SECTION 1-1.

Code Section 19-6-15 of the Official Code of Georgia Annotated, relating to child support in final verdict or decree, guidelines for determining amount of award, continuation of duty to provide support, and duration of support, is amended by revising paragraph (11) of subsection (a) as follows:
"(11) 'Final child support amount' means the presumptive amount of child support adjusted by any deviations."

SECTION 1-1A. Said Code section is further amended by revising paragraphs (9) and (11) of subsection (b) as follows:
"(9) Any benefits which the child receives under Title II of the federal Social Security Act shall be applied against the final child support amount. The final child support amount for each parent shall be entered on the child support worksheet, together with the information from each of the utilized schedules;" "(11) In a split parenting case, there shall be a separate calculation and final order for each parent; and"

SECTION 1-1B. Said Code section is further amended by revising paragraph (12) of subsection (b) 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. When, within two years of a final order being entered, there is a likelihood that a child will become ineligible to receive support, the court may allow for the use of separate worksheets. Separate worksheets shall show the final child support amount to be paid for all such children and the adjusted amount of support to be paid as each child becomes ineligible to receive support during such two-year period. Such worksheets shall be attached to the final order. Such order shall contain findings as required by law. A final order entered pursuant to this paragraph shall not preclude a petition for modification."

SECTION 1-1C. Said Code section is further amended by revising subsection (d) as follows:
"(d) Nature of guidelines; court's discretion. In the event of a hearing or trial on the issue of child support, the guidelines enumerated in this Code section are intended by the General Assembly to be guidelines only and any court so applying these guidelines shall not abrogate its responsibility in making the final determination of child support based on the evidence presented to it at the time of the hearing or trial. A court's final determination of child support shall take into account the obligor's earnings, income, and other evidence of

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the obligor's ability to pay. The court shall also consider the basic subsistence needs of the parents and the child for whom support is to be provided."

SECTION 1-2. Said Code section is further amended by revising paragraph (3) of subsection (f), subparagraphs (f)(4)(A) and (f)(4)(B), and the introductory language of subparagraph (f)(4)(D) as follows:
"(3) Social Security benefits. (A) Benefits received under Title II of the federal Social Security Act by a child on the obligor's account shall be counted as child support payments and shall be applied against the final child support amount to be paid by the obligor for the child. (B) After calculating the obligor's monthly gross income, including the countable social security benefits as specified in division (1)(A)(xiii) of this subsection, and after calculating the amount of child support, if the presumptive amount of child support, as increased or decreased by deviations, is greater than the social security benefits paid on behalf of the child on the obligor's account, the obligor shall be required to pay the amount exceeding the social security benefit as part of the final order in the case. (C) After calculating the obligor's monthly gross income, including the countable social security benefits as specified in division (1)(A)(xiii) of this subsection, and after calculating the amount of child support, if the presumptive amount of child support, as increased or decreased by deviations, is equal to or less than the social security benefits paid to the nonparent custodian or custodial parent on behalf of the child on the obligor's account, the child support responsibility of that parent shall have been met and no further child support shall be paid. (D) Any benefit amounts under Title II of the federal Social Security Act as determined by the Social Security Administration sent to the nonparent custodian or custodial parent by the Social Security Administration for the child's benefit which are greater than the final child support amount shall be retained by the nonparent custodian or custodial parent for the child's benefit and shall not be used as a reason for decreasing the final child support amount or reducing arrearages." "(A) Imputed income. When establishing the amount of child support, if a parent fails to produce reliable evidence of income, such as tax returns for prior years, check stubs, or other information for determining current ability to pay child support or ability to pay child support in prior years, and the court or the jury has no other reliable evidence of the parent's income or income potential, gross income for the current year may be imputed. When imputing income, the court shall take into account the specific circumstances of the parent to the extent known, including such factors as the parent's assets, residence, employment and earnings history, job skills, educational attainment, literacy, age, health, criminal record and other employment barriers, and record of seeking work, as well as the local job market, the availability of employers willing to hire the parent, prevailing earnings level in the local community, and other relevant

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GENERAL ACTS AND RESOLUTIONS, VOL. I

background factors in the case. If a parent is incarcerated, the court shall not assume an ability for earning capacity based upon pre-incarceration wages or other employment related income, but income may be imputed based upon the actual income and assets available to such incarcerated parent. (B) Modification. When cases with established orders are reviewed for modification and a parent fails to produce reliable evidence of income, such as tax returns for prior years, check stubs, or other information for determining current ability to pay child support or ability to pay child support in prior years, and the court or jury has no other reliable evidence of such parent's income or income potential, the court or jury may impute income as set forth in subparagraph (A) of this paragraph, or may increase the child support of the parent failing or refusing to produce evidence of income by an increment of at least 10 percent per year of such parent's gross income for each year since the final order was entered or last modified and shall calculate the basic child support obligation using the increased amount as such parent's gross income." "(D) Willful or voluntary unemployment or underemployment. In determining whether a parent is willfully or voluntarily unemployed or underemployed, the court or the jury shall ascertain the reasons for the parent's occupational choices and assess the reasonableness of these choices in light of the parent's responsibility to support his or her child and whether such choices benefit the child. A determination of willful or voluntary unemployment or underemployment shall not be limited to occupational choices motivated only by an intent to avoid or reduce the payment of child support but can be based on any intentional choice or act that affects a parent's income. A determination of willful or voluntary unemployment or underemployment shall not be made when an individual's incarceration prevents employment. In determining willful or voluntary unemployment or underemployment, the court may examine whether there is a substantial likelihood that the parent could, with reasonable effort, apply his or her education, skills, or training to produce income. Specific factors for the court to consider when determining willful or voluntary unemployment or underemployment include, but are not limited to:"

SECTION 1-3. Said Code section is further amended by revising the introductory language of subsection (h), subparagraph (h)(1)(F), subdivision (h)(2)(B)(iii), and paragraph (3) of subsection (h) as follows:
"(h) Adjusted support obligation. The child support obligation table does not include the cost of the parent's work related child care costs, health insurance premiums, or uninsured health care expenses. The additional expenses for the child's health insurance premiums and work related child care costs shall be included in the calculations to determine child support. A nonparent custodian's expenses for work related child care costs and health insurance premiums shall be taken into account when establishing a final order."

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"(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 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 order. If a parent or nonparent custodian fails to comply with the final 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." "(iii) Eligibility for or enrollment of the child in Medicaid, the PeachCare for Kids Program, or other public health care program shall satisfy the requirement that the final order provide for the child's health care needs. Health coverage through Medicaid, the PeachCare for Kids Program, or other public health care program shall not prevent a court from also ordering either or both parents to obtain other health insurance for the child. (3) Uninsured health care expenses. (A) The child's uninsured health care expenses shall be the financial responsibility of both parents. The final order shall include provisions for payment of uninsured health care expenses; provided, however, that uninsured health care expenses shall not be used for the purpose of calculating the amount of child support. The parents shall divide uninsured health care expenses pro rata, unless otherwise specifically ordered by the court. (B) If a parent fails to pay his or her pro rata share of the child's uninsured health care expenses, as specified in the final order, within a reasonable time after receipt of evidence documenting the uninsured portion of the expense: (i) The other parent or the nonparent custodian may enforce payment of the expense by any means permitted by law; or (ii) Child support services shall pursue enforcement of payment of such unpaid expenses only if the unpaid expenses have been reduced to a judgment in a sum certain amount."

SECTION 1-4. Said Code section is further amended by revising subparagraph (i)(1)(A) and division (i)(2)(B)(iii) as follows:
"(A) The amount of child support established by this Code section and the presumptive amount of child support are rebuttable and the court or the jury may deviate from the presumptive amount of child support in compliance with this subsection. In deviating from the presumptive amount of child support, consideration shall be given to the best

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GENERAL ACTS AND RESOLUTIONS, VOL. I

interest of the child for whom support under this Code section is being determined. A nonparent custodian's expenses may be the basis for a deviation as well as a noncustodial parent's ability or inability to pay the presumptive amount of child support."
"(iii) The court or the jury shall examine all attributable and excluded sources of income, assets, and benefits available to the noncustodial parent and may consider the noncustodial parent's basic subsistence needs and all of his or her reasonable expenses, ensuring that such expenses are actually paid by the noncustodial parent and are clearly justified expenses."

SECTION 1-4A. Said Code section is further amended by revising subparagraphs (i)(1)(D) and (i)(2)(J) as follows:
"(D) If the circumstances which supported the deviation cease to exist, the final order may be modified as set forth in subsection (k) of this Code section to eliminate the deviation." "(J) Extraordinary expenses. The child support obligation table includes average child rearing expenditures for families given the parents' combined adjusted income and number of children. Extraordinary expenses are in excess of average amounts estimated in the child support obligation table and are highly variable among families. Extraordinary expenses shall be considered on a case-by-case basis in the calculation of support and may form the basis for deviation from the presumptive amount of child support so that the actual amount of such expense is considered in the final order for only those families actually incurring the expense. Extraordinary expenses shall be prorated between the parents by assigning or deducting credit for actual payments for extraordinary expenses."

SECTION 1-5. Said Code section is further amended by revising paragraph (1) of subsection (j) as follows:
"(1) In the event a parent suffers an involuntary termination of employment, has an extended involuntary loss of average weekly hours, is involved in an organized strike, incurs a loss of health, becomes incarcerated, or similar involuntary adversity resulting in a loss of income of 25 percent or more, then the portion of child support attributable to lost income shall not accrue from the date of the service of the petition for modification, provided that service is made on the other parent. It shall not be considered an involuntary termination of employment if the parent has left the employer without good cause in connection with the parent's most recent work."

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PART II SECTION 2-1.

Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to the Child Support Recovery Act, is amended by revising subsection (f) 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 $35.00 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 2-2. Said article is further amended by revising subsection (e) of Code Section 19-11-8, relating to the departments' duty to enforce support of abandoned minor public assistance recipient and scope of action, as follows:
"(e) The department shall be authorized to charge the obligor a federal Deficit Reduction Act of 2005 fee of $35.00 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."

PART III SECTION 3-1.

This part and Part I of this Act shall become effective on July 1, 2018, and Part II of this Act shall become effective on October 1, 2018.

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

Approved May 8, 2018.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

LOCAL GOVERNMENT REVENUE AND TAXATION STATE GOVERNMENT STORM-WATER FEES; EXEMPT CERTAIN RAILROAD PROPERTY; INCOME TAXES; TAX CREDIT FOR CERTAIN EXPENDITURES ON TRACK MAINTENANCE; TAX CREDIT FOR CERTAIN EMPLOYERS; EXEMPT CERTAIN PROPERTY OWNED BY STATE FROM STORM-WATER FEES.

No. 476 (House Bill No. 735).

AN ACT

To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to exempt certain railroad property from storm-water fees; 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 expenditures on the maintenance of railroad track owned or leased by a Class III railroad; to provide for such credit to be freely assignable; to provide for rules and regulations related to such income tax credit; to provide for certain conditions and limitations; to require annual reporting of certain statistics related to such credit; to provide for a tax credit for certain employers who purchase qualified investment property and create new full-time jobs; to provide for definitions; to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the State Properties Code, so as to provide that certain property owned by the state shall be exempt from any fees imposed by any county or municipality for the management, collection, or disposal of storm water, whether or not the property is subject to a lease; to provide for related matters; to provide for effective dates, applicability, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding a new Code section to read as follows:
"36-60-17.2. Land located within a railroad's right of way and covered with ballast and rail shall be exempt from any fees imposed by any county or municipality for the management, collection, or disposal of storm water; provided, however, that railroad stations, maintenance buildings, or other developed land used for railroad purposes shall not be exempt from storm-water fees."

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SECTION 2. 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:
"48-7-40.34. (a) As used in this Code section, the term:
(1) 'Class III railroad' means a rail carrier classified as a Class III railroad by the United States Surface Transportation Board in accordance with Section 1-1 of 49 C.F.R. 1201, as it existed on January 1, 2018. (2) 'Qualified railroad track maintenance expenditures' means gross expenditures for maintaining railroad track, including roadbed, bridges, and related track structures, owned or leased as of January 1, 2018, by a Class III railroad. (b) A Class III railroad shall be given a credit against the tax imposed under this article for a taxable year in the amount of 50 percent of the qualified railroad track maintenance expenditures paid or incurred by such Class III railroad during the taxable year, provided that such credit shall not exceed $3,500.00 multiplied by each mile of railroad track owned or leased in this state as of the close of the taxable year by such Class III railroad. (c)(1) The credit given under this Code section shall only be allowed once for each mile of railroad track in each taxable year. (2) Such credit shall be given for each taxable year beginning on or after January 1, 2019, and ending on or before December 30, 2023, in which the conditions of this Code section have been met. (d) If a credit is given under this Code section with respect to any railroad track, the basis of such railroad track shall be reduced by the amount of the credit so allowed. (e) The tax credits given to a Class III railroad by this Code section that are not used by such Class III railroad shall be freely assignable one time between January 1, 2019, and January 1, 2024, by written agreement to a taxpayer subject to the tax imposed by this chapter. (f) On or before September 1 of 2020 and annually thereafter until 2024, the commissioner shall issue a report to the chairpersons of the Senate Finance Committee and the House Committee on Ways and Means concerning the tax credit created by this Code section, which shall include the following statistics for the preceding taxable year: (1) The total number of taxpayers that claimed a credit provided by this Code section; and (2) The number and total value of all credits earned and all credits applied during such tax year pursuant to this Code section. (g) The commissioner shall promulgate such forms, rules, and regulations as are necessary to implement and administer the provisions of this Code section. (h) This Code section shall be automatically repealed on January 1, 2024."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 3. Said article is further amended by adding a new Code section to read as follows:
"48-7-40.35. (a) As used in this Code section, the term:
(1) 'New full-time employee job' shall have the same meaning as provided in Code Section 48-7-40. (2) 'Qualified employer' means a taxpayer that:
(A) Operates a facility in this state that recycles post-consumer waste materials into polyester bulk continuous filament fibers; (B) Certifies to the commissioner that between January 1, 2018, and December 31, 2020, such taxpayer will purchase or acquire $20 million of qualified investment property for use in this state; and (C) Certifies to the commissioner that between January 1, 2018, and January 1, 2020, such taxpayer will create 25 new full-time employee jobs in this state. (3) 'Qualified investment property' shall have the same meaning as provided in Code Section 48-7-40.2. (b) A qualified employer is allowed a credit against the tax imposed by this article in an amount equal to the value of credits provided for in Code Section 48-7-40.2 that the qualified employer claimed on original or amended returns on which such qualified employer also claimed the credit provided for in Code Section 48-7-40 for the same project. (c) The credit allowed under subsection (b) of this Code section shall be subject to the following conditions and limitations: (1)(A) 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 credit was first claimed. (B) The credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the qualified employer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. (C) The sale, merger, acquisition, or bankruptcy of any qualified employer shall not create new eligibility in any succeeding qualified employer, but any unused credit may be transferred and continued by any transferee of such qualified employer. (2)(A) The utilization of such credit shall not affect the qualified employer's ability to claim depreciation for tax purposes on the assets acquired by such qualified employer. (B) Such credit shall not have any effect on the qualified employer's basis in such assets for the purpose of depreciation. (3) Notwithstanding any other provision of this chapter to the contrary, a qualified employer is authorized to claim on a tax return for a given project both the credit provided for in this Code section and the credit provided for in Code section 48-7-40.2. (d)(1) When the amount of the credit granted under subsection (b) of this Code section exceeds 50 percent of the qualified employer's liability for taxes imposed under this article

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in a taxable year, such qualified employer may take the excess as a credit against such qualified employer's quarterly or monthly payments under Code section 48-7-103. (2) Each employee whose qualified employer receives credit against such qualified employer'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 this subsection. (3) Credits against quarterly or monthly payments under Code section 48-7-103 and credits against income tax liability under Code section 48-7-20 established by this subsection shall not constitute income to the qualified employer or the employee. (e) A qualified employer that fails to purchase or acquire $20 million of qualified investment property for use in this state between January 1, 2018, and December 31, 2020, or fails to create 25 new full-time employee jobs in this state between January 1, 2018, and January 1, 2020, shall not be a qualified employer and any tax imposed by this article upon such taxpayer shall be increased by any reduction in tax allowed to such taxpayer pursuant to the application of this Code section. (f) After December 31, 2023, this Code section shall stand repealed in its entirety by operation of law."

SECTION 4. Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the State Properties Code, is amended by revising Code Section 50-16-34.1, relating to acquisition of property within railroad lines abandoned as operating rail lines, as follows:
"50-16-34.1. (a) The State Properties Commission is empowered and may acquire from a railroad company the real property, including the right of way, and any other properties, personal or otherwise, associated therewith, encompassed within any railroad line that has been abandoned as an operating rail line by said railroad company if the commission first determines that preserving ownership of the said railroad corridor, in whole or in part, may be useful for the present or future needs of public transportation in this state. (b) Such an acquisition as described in subsection (a) of this Code section shall be in the name of the state, custody in the commission, a 'property' similar to the state owned properties described in subparagraphs (A), (B), and (C) of paragraph (8) of Code Section 50-16-31, and may be made by the commission without a request to acquire from another state agency, or without a request from another state agency, state authority, or other instrumentality of the state to provide or perform acquisition related services. Any property owned by the state as described in subsection (a) or in subparagraph (A) of paragraph (8) of Code Section 50-16-31 shall be exempt from any fees imposed by any county or municipality for the management, collection, or disposal of storm water, without regard to whether the property is subject to a lease.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) Notwithstanding any provisions and requirements of law to the contrary and particularly notwithstanding the requirements of Code Section 50-16-39, the commission, acting for and on behalf of and in the name of the state, is empowered and may deed, lease, rent, or license any such acquired property to any state authority or other instrumentality of the state for public transportation use. (d) Except as otherwise provided for in this Code section, the powers set forth in subsections (a), (b), and (c) of this Code section are cumulative, and not in derogation, of other powers of the commission as set forth in the 'State Properties Code.' (e) The powers set forth in subsections (a), (b), and (c) of this Code section are intended to be exercised independently of any power or action by any other state agency, state authority, or other unit or instrumentality of government, but said powers are not intended to repeal similar or related powers in any other state agency, state authority, or other unit or instrumentality of government."

SECTION 5. (a) Section 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to taxable years beginning on or after January 1, 2019, and ending on or before December 31, 2023. (b) Section 3 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to taxable years beginning on or after January 1, 2018, and ending on or before December 31, 2023. (c) The remaining sections of this Act shall become effective July 1, 2018.

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

Approved May 8, 2018.

__________

GAME AND FISH DEPARTMENT OF NATURAL RESOURCES; OUTDOOR
MENTOR PROGRAM.

No. 478 (Senate Bill No. 332).

AN ACT

To amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, so as to provide for an outdoor mentor program within the Department of Natural Resources; to provide for definitions; to provide for

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program criteria and terms and conditions; to provide for outdoor passports; to provide for findings; to provide for a fee for nonresident youth sportsman's licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, is amended by adding a new Code section to read as follows:
"27-2-4.5. (a) As used in this Code section, the term:
(1) 'Outdoor mentee' means any resident to whom the department has never issued both a hunting and fishing license, or an outdoor passport, under this chapter. (2) 'Outdoor mentor' means any individual who is 18 years of age or older and who has a current license that allows hunting and fishing pursuant to this chapter. (3) 'Outdoor passport' means a reduced cost license issued by the department which licenses or permits noncommercial hunting and fishing privileges across all categories of hunting and fishing. (b) The General Assembly finds that an outdoor mentor program can spark interest in hunting and fishing as lifelong activities; provide safe, memorable, and positive introductions for first-time hunting and fishing experiences; and promote safe and ethical hunting and fishing practices. (c) The department shall establish and maintain an outdoor mentor program that enables experienced hunters and fishers to mentor new hunters and fishers in safe, ethical, and responsible hunting and fishing practices. In furtherance of such outdoor mentor program, the department: (1) Shall establish a mentor education course that provides instruction to outdoor mentors, the completion of which shall be required before he or she may mentor an outdoor mentee under the program; (2) Shall work with partners to develop incentives for outdoor mentors and may include reduced license fees for an outdoor mentor participating in the program; (3) Shall issue outdoor mentees participating in the program an outdoor passport which shall expire one year after issuance; and (4) Shall prepare necessary applications and impose any further criteria and terms and conditions not inconsistent with this Code section for implementation of the program."

SECTION 2. Said article is further amended by revising subsection (e) of Code Section 27-2-5, relating to required hunter education courses, as follows:
"(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

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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 an outdoor passport, a hunting license of less than one year in duration, or 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."

SECTION 3. Said article is further amended by adding a new subparagraph to paragraph (3) of Code Section 27-2-23, relating to hunting, trapping, and fishing licenses, permits, tags, and stamp fees, as follows:

"(H) Nonresident youth sportsman's license for 15 years of age and under"

Annual

$50.00

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 8, 2018.
__________
INSURANCE AUTISM SPECTRUM DISORDERS; AGE LIMIT FOR COVERAGE; TREATMENT COVERAGE; COVERAGE LIMIT.
No. 479 (Senate Bill No. 118).
AN ACT
To amend Code Section 33-24-59.10 of the Official Code of Georgia Annotated, relating to coverage for autism, so as to change the age limit for coverage for autism spectrum disorders for an individual covered under a policy or contract; to clarify treatment coverage; to change coverage limit; 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 33-24-59.10 of the Official Code of Georgia Annotated, relating to coverage for autism, is amended by revising subsection (b) as follows:
"(b) Accident and sickness contracts, policies, or benefit plans shall provide coverage for autism spectrum disorders for an individual covered under a policy or contract who is 20 years of age or under in accordance with the following:
(1) The policy or contract shall provide coverage for any assessments, evaluations, or tests by a licensed physician or licensed psychologist to diagnose whether an individual has an autism spectrum disorder; (2) The policy or contract shall provide coverage for applied behavior analysis for the treatment of autism spectrum disorders when it is determined by the covering entity that the treatment is medically necessary health care according to established criteria. A licensed physician or licensed psychologist may be required to demonstrate ongoing medical necessity for coverage provided under this Code section at least annually; (3) The policy or contract shall not include any limits on the number of visits; (4) The policy or contract may limit coverage for applied behavior analysis to $35,000.00 per year. An insurer shall not apply payments for coverage unrelated to autism spectrum disorders to any maximum benefit established under this paragraph; and (5) This subsection shall not be construed to require coverage for prescription drugs if prescription drug coverage is not provided by the policy or contract."

SECTION 2. This Act shall become effective January 1, 2019.

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

Approved May 8, 2018.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

GENERAL ASSEMBLY DESIGNATE THE FORT GORDON CYBER SECURITY AND INFORMATION TECHNOLOGY INNOVATION CORRIDOR AND THE SAVANNAH LOGISTICS TECHNOLOGY INNOVATION CORRIDOR AS OFFICIAL TECHNOLOGY INNOVATION CORRIDORS IN GEORGIA.

No. 480 (Senate Resolution No. 821).

A RESOLUTION

Designating the Fort Gordon Cyber Security and Information Technology Innovation Corridor and the Savannah Logistics Technology Innovation Corridor as official technology innovation corridors in Georgia; and for other purposes.

WHEREAS, Georgia's economy would greatly benefit from further growth in the information technology arena; and

WHEREAS, it is highly desirable to review current state incentives as well as opportunities for future incentives for technology growth; and

WHEREAS, it would be beneficial to establish specific information technology corridors in this state, and such corridors would directly foster the growth of information technology and innovation through local collaboration among universities, hospitals, and logistics hubs; and

WHEREAS, it would be advantageous for official corridors to be established for the pursuit of state and federal grants; and

WHEREAS, the Fort Gordon Cyber Security and Information Technology Innovation Corridor shall encompass the counties of Augusta-Richmond, Burke, Columbia, Lincoln, and McDuffie; and

WHEREAS, the Savannah Logistics Technology Innovation Corridor shall extend one mile along each side of Interstate 16 from the Pooler Parkway to Stiles Avenue, and one mile out along each side of Interstate 95 from the Jimmy DeLoach Parkway to U.S. 17.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body designate the Fort Gordon Cyber Security and Information Technology Innovation Corridor and the Savannah Logistics Technology Innovation Corridor as official technology innovation corridors in the State of Georgia.

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BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to make appropriate copies of this resolution available for distribution to the public and the press.

Approved May 8, 2018.

__________

CONSERVATION AND NATURAL RESOURCES REGULATION OF EXPLORATION AND EXTRACTION OF GAS AND OIL; OIL AND GAS BOARD; SEVERANCE TAX.

No. 481 (House Bill No. 205).

AN ACT

To amend Article 2 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, relating to mining and drilling, so as to regulate the exploration and extraction of gas and oil in this state; to provide for definitions; to provide for authority to create an Oil and Gas Board under certain circumstances; to require the promulgation of rules and regulations related to drilling and extraction; to amend provisions relating to drilling permits; to increase the amount of bond security for drilling operations; to provide for authority of local governments; to provide for a severance tax on the extraction of oil and gas; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 4 of Title 12 of the Official Code of Georgia Annotated, relating to mining and drilling, is amended by revising Part 2, relating to deep drilling for oil, gas, and other minerals, as follows:

"Part 2

12-4-40. This part shall be known and may be cited as the 'Oil and Gas and Deep Drilling Act of 1975.'

12-4-41. The General Assembly finds and declares that its duty to protect the health, safety, and welfare of the citizens of this state requires that adequate protection of underground fresh

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water supplies be assured in any drilling operation which may penetrate through any stratum which contains fresh water. This duty further requires that adequate protection be assured in any drilling or the use of such drilled wells in certain other environmentally sensitive areas or in other circumstances where the result of such drilling and use may endanger the health, safety, and welfare of the citizens of this state. It is not the policy of the General Assembly to regulate the drilling of shallow exploration or engineering holes except in such environmentally sensitive areas as defined in this part. The General Assembly further finds and declares that oil and gas exploration to identify new sources of energy should not occur at the expense of our important natural resources such as residential, municipal, and industrial supplies of fresh water. The General Assembly further finds and declares that it should continue to encourage oil and gas exploration. The General Assembly further finds and declares that with an increase in oil exploration, it must provide assurances to persons engaging in such exploration that adequate safeguards regarding results of exploration will remain privileged information for a specified time. The General Assembly further finds and declares that it is in the public interest to obtain, protect, and disseminate all possible geologic information associated with drilling operations in order to further the purposes of future energy related research.

12-4-42. As used in this part, the term:
(1) 'Board' means the Board of Natural Resources. (1.1) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (2) 'Drilling' means the boring of a hole in the earth by remote mechanical means and all associated activities, including but not limited to casing, perforating, plugging, cementing, and capping. (3) 'Environmentally sensitive area of the coastal zone' means that area of the coastal zone where salt-water-bearing strata overlie the fresh-water aquifer system. (4) 'Field' means the general area which is underlaid or appears to be underlaid by at least one pool. This term shall include the underground reservoir or reservoirs containing crude petroleum oil or natural gas, or both. The words 'field' and 'pool' mean the same thing when only one underground reservoir is involved; however, 'field,' unlike 'pool,' may relate to two or more pools. (5) 'Gas' means all natural gas, including casing-head gas, and all other hydrocarbons not defined as oil in paragraph (10) of this Code section. (5.1) 'Hydraulic fracturing' means those operations conducted in an individual well bore designed to increase the flow of hydrocarbons from the rock formation to such well bore through modification of the permeability of reservoir rock by fracturing it through application of fluids under pressure.

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(6) 'Illegal mineral' means any mineral, including oil or gas, which has been produced within the State of Georgia in violation of this part, any rule or regulation adopted and promulgated pursuant to this part, or any order issued under this part. (7) 'Illegal product' means any product of oil, gas, or other mineral, any part of which was processed or derived, in whole or in part, from an illegal mineral. (8) 'Mineral' means any naturally occurring substance found in the earth which has commercial value. This term shall include oil and gas, as defined in this Code section, but shall not include fresh water. (9) 'Mineral product' means any commodity made from any mineral. (10) 'Oil' means crude petroleum oil and other hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary production methods and which are not the result of condensation of gas after it leaves the reservoir. (11) 'Owner' means the person who has the right to drill into and produce from any pool and to appropriate the production either for himself or herself and another, or himself or herself and others. (12) 'Person' means any natural person, corporation, joint venture, association, partnership, receiver, trustee, guardian, executor, administrator, fiduciary or representative of any kind, all agencies or instrumentalities of the state, and all county or municipal governments or any authority. (13) 'Pool' means an underground reservoir containing a common accumulation of crude petroleum oil or natural gas, or both. Each zone of a general structure which is completely separated from any other zone in the structure is covered by the term 'pool' as used in this part. (14) 'Producer' means the owner of a well or wells capable of producing oil or gas, or both. (15) 'Tender' means a permit or certificate of clearance for the transportation of minerals, including oil and gas, or mineral products produced under this part, approved and issued or registered under the authority of the board. (16) 'Unitization agreement' means a voluntary agreement between operators to create operation units. (17) 'Waste,' in addition to its ordinary meaning, means 'physical waste' as that term is generally understood in the oil and gas industry. The term shall also include, but not be limited to:
(A) The inefficient, excessive, or improper use or dissipation of reservoir energy and the locating, spacing, drilling, equipping, operating, or producing of any oil or gas well or wells in a manner which results, or tends to result, in a reduction in the quantity of oil or gas ultimately to be recovered from any pool in this state; (B) The inefficient storing of oil and the locating, spacing, drilling, equipping, operating, or producing of any oil or gas well or wells in a manner causing, or tending to cause, unnecessary or excessive surface loss or destruction of oil or gas;

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(C) Abuse of the correlative rights and opportunities of each owner of gas or oil in a common reservoir due to nonuniform, disproportionate, and unratable withdrawals causing undue drainage between tracts of lands; (D) The production of oil or gas in such a manner as to cause unnecessary water channeling or zoning; (E) The operation of any oil well or wells with an inefficient gas-oil ratio; (F) The drowning with water of any stratum or part thereof capable of producing gas or oil, except where approval for such a project has been granted by the department; (G) Underground waste, however caused and whether or not defined, as the same relates to any activity regulated by this part; (H) The creation of unnecessary fire hazards as the same relates to any activity regulated by this part; (I) The escape into the open air, from a well producing both oil and gas, of gas in excess of the amount which is necessary in the efficient drilling or operation of the well; and (J) Permitting gas produced from a gas well to escape into the air, except for testing purposes. (18) 'Well' means any boring drilled in the search for or the production of oil, gas, or other minerals or water.

12-4-43. For the purpose of this part:
(1) The board shall have the authority to make such inquiries as it may deem necessary into any matter over which it has jurisdiction; (2) The board shall have the jurisdiction of and authority over the drilling of and subsequent use of any well for the exploration or production of oil and gas; any well for the exploration or production of any other mineral drilled to a depth greater than 1,800 feet; any well for the exploration or production of any mineral located in the environmentally sensitive area of the coastal zone and which is drilled to a depth sufficient to penetrate the fresh-water aquifer system; any underground storage well with the exception of those wells covered by Article 3 of Chapter 4 of Title 46; any well for the underground disposal of waste materials; any well for the production of fresh water drilled to a depth greater than 1,800 feet; and any well for the exploration or production of brine or salt water; (3) The board shall have the authority to regulate the spacing of wells and the production of all oil and gas and the production of any other minerals produced through a well or bore hole in liquid or slurry form to a depth greater than 1,800 feet or located in the environmentally sensitive area; provided, however, that this authority does not extend to the drilling of wells for the production of fresh water used for drinking, residential, industrial, or agricultural purposes, except as provided for in paragraph (2) of this Code section;

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(4) The board shall have the power to adopt and promulgate rules and regulations necessary to effectuate the purposes of this part; (5) The board may delegate to the director the administrative duties and powers, including, without limitation, the power to consider and issue permits to drill wells and to establish drilling and operation units, created under the authority of this part; and (6) Upon receipt of at least 12 applications during a calendar year for any permit to drill any well for the exploration or production of oil or gas, the board may delegate to the director the authority to create an Oil and Gas Board to review and issue permits and regulate drilling activity. Any such Oil and Gas Board shall consist of the state geologist and three other members appointed by the Governor.

12-4-44. (a) The board shall have the authority to adopt and promulgate rules and regulations dealing with the control of matters over which it has jurisdiction under this part. Such rules and regulations shall include, but shall not be limited to, rules and regulations for the following purposes:
(1) To require the drilling, casing, and plugging of wells regulated under this part to be done in such a manner as to prevent the escape of oil or gas out of one stratum into another stratum; to prevent the pollution of fresh surface-water and ground-water supplies by oil, gas, salt water, or other contaminants; and to require reasonable bonds; (2) To require the making of reports showing the location of all wells regulated under this part, including the filing of drill cutting samples, cores, and copies of all logs, and to further require that the operator submit the name classification used for each of the subsurface formations penetrated and the depth at which each such formation was penetrated; (3) To prevent the drowning by water of any stratum or part thereof capable of producing oil or gas in paying quantities and to prevent the premature and irregular encroachment of water which reduces the total ultimate recovery of oil or gas from any pool; (4) To require the operation of wells regulated under this part with efficient gas-oil ratios and to fix such ratios; (5) To prevent 'blowouts,' 'caving,' and 'seepage' in the sense that conditions indicated by such terms are generally understood in the oil and gas business; (6) To prevent fires, waste, and spillage as same relates to any activity regulated by the provisions of this part; (7) To identify the ownership of all oil or gas wells, producing leases, refineries, tanks, plants, structures, and all storage and transportation equipment and facilities; (8) To regulate the 'shooting,' perforating, fracturing, hydraulic fracturing, and chemical treatment of wells; (9) To regulate secondary recovery methods, including, but not limited to, the introduction of gas, oil, water, or other substances into producing formations;

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(10) To limit and prorate the production of oil or gas, or both, from any pool or field for the prevention of waste as defined in Code Section 12-4-42; (11) To require, either generally or in or from particular areas, certificates of clearance or tenders in connection with the transportation of oil or gas produced in Georgia; (12) To regulate the spacing of wells and to establish drilling units; (13) To prevent, insofar as is practical, avoidable drainage from each developed unit which is not equalized by counterdrainage; (14) To establish procedures for the plugging and abandonment of wells regulated under this part and to establish procedures for the restoration and reclamation of well sites; (15) To require that accurate records be kept on forms to be prescribed by the director, which records shall be reported to the director within the time specified in such rules and regulations; reports shall include such information as the director may prescribe, including, but not limited to, information concerning cuttings, subsurface samples, and lithologic and geophysical logs; (16) To require that geologic and testing information obtained from a well regulated under this part be held in confidence by the director for a period of at least six months from the time of drilling to total depth, or, if the director approves, a longer period, if the operator makes a written request for the same stating the length of the extension desired and the reasons therefor; provided, however, that the guarantee of confidentiality provided for in this paragraph shall in no way impair the ability of the board or the director to enforce this part; (17) To regulate the issuance, denial, and revocation of permits and to regulate bonds required under this part, except as to persons provided for in paragraph (18) of this subsection; (18) To regulate the issuance of permits to persons who have been found to have violated any provision of this part, any rule or regulation adopted and promulgated pursuant to this part, or any order or permit issued under this part, and to establish the amount of bond for such persons; (19) To regulate the cooperative development or operation of all or part of an oil or gas pool as a unit; (20) To require that certain geophysical logging and other tests be conducted to ensure that the requirements of paragraphs (1), (8), and (14) of this subsection are met; and (21) To regulate the underground storage or disposal of substances other than those substances covered by the provisions of Article 3 of Chapter 4 of Title 46. (b) On or before July 1, 2019, the board shall adopt regulations governing hydraulic fracturing operations. Such regulations shall include, at a minimum: (1) Provisions for public notice of any application for any permit for any hydraulic fracturing well, such notice to be given before any decision on the permit application. The contents of such public notice shall include, at a minimum:
(A) The name, address, and telephone number of the division contact where further information can be obtained;

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(B) The name and address of the applicant; (C) The location of the well proposed to be fractured and the route of any directional borehole to the end point of such borehole; (D) A brief description of the project, including information regarding the sources of water to be used as base fluid and estimated amounts and methods of waste-water disposal; and (E) A brief description of the public comment period and procedures the director will follow to determine whether to issue the permit; (2) Provisions for the identification of ground-water sources within one-half mile of any proposed wellhead and within one-half mile along the route of any directional borehole to the end point of such borehole, and for ground-water quality monitoring before, during, and after drilling operations; (3) Provisions providing for the mandatory disclosure of the chemicals in the fluids used in hydraulic fracturing projects to the director and to the commissioner of public health, and a fair process for the disclosure of fracturing fluids to facilitate transparency, while protecting valuable trade secrets and allowing well owners, operators, and service companies to protect their right to obtain an advantage over competitors; (4) Provisions for the safe disposal of all hydraulic fracturing fluids; and (5) Provisions for the restoration and reclamation of abandoned well sites, storage facility sites, pits, and access roads.

12-4-45. (a) In regard to the establishment of drilling units and operation units, the allocation of production, the integration of separately owned tracts of land, and agreements in the interest of conservation, the board, in addition to the jurisdiction, authority, or powers granted elsewhere in this part, shall have the specific powers with respect to the exploration or production of oil or gas enumerated below.
(1) Drilling units. For the prevention of waste and to avoid the augmenting and accumulation of risk arising from the drilling of an excessive number of wells, the board shall, after due investigation and a hearing, have full power and authority to establish such drilling unit or units as may, in its discretion, seem most reasonable and practicable. The board shall have control of the allocation of production over such units and shall, after investigation and hearing, set up, establish, and allocate to each unit its just and equitable share of production, and shall make such orders, rules, and regulations as will give to each producer the opportunity to use his or her just and equitable share of the reservoir energy of any pool. The board shall have power after notice and hearing to review and approve, or disapprove, agreements made among owners or operators, or among owners and operators in the interest of conservation of oil or gas or both or for the prevention of waste. When two or more separately owned tracts of land are embraced within an established drilling unit, the owners thereof may validly agree to integrate their interests and to develop their lands as a drilling unit. Where, however, such owners have not agreed to

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integrate their interests, the board may, for the prevention of waste or to avoid the drilling of unnecessary wells, after notice and hearing, require such owners to do so and to develop their lands as a drilling unit. Should the owners of separate tracts embraced within a drilling unit fail to agree upon the integration of the tracts and the drilling of a well on the unit, and should it be established that the board is without authority to require integration as provided for above, then subject to all other applicable provisions of this part, the owner of each tract embraced within the drilling unit may drill on his or her tract, but the allowable production from said tract shall be such proportion of the allowable production for the full drilling unit as the area of such separately owned tracts bears to the full drilling unit. (2) Operation units.
(A) For the prevention of waste and to assure the ultimate recovery of gas or oil, the board may hold a hearing to consider the need for the operation as a unit of an entire field, or of any pool or any portion thereof, or combination of pools, within a field, for the production of oil or gas or both and other minerals which may be associated and produced therewith by additional recovery methods. (B) At the conclusion of the hearing the board shall issue an order requiring unit operation if it finds that:
(i) Unit operation of the field, or of any pool or of any portion or combinations thereof within the field, is reasonably necessary to prevent waste as defined in Code Section 12-4-42 or to increase the ultimate recovery of oil or gas by additional recovery methods; and (ii) The estimated additional cost incident to the conduct of such operation will not exceed the value of the estimated additional recovery of oil or gas; provided, however, that the board shall be authorized to prohibit the production of gas or oil by any recovery method if it has determined that such recovery method will result in waste or reduce the ultimate recovery of gas or oil from any field or pool or portion or combination thereof. (C) The phrase 'additional recovery methods' as used in this subsection shall include, but shall not be limited to, the maintenance or partial maintenance of reservoir pressures by any method recognized by the industry and approved by the board; recycling; flooding a pool or pools, or parts thereof, with air, gas, water, liquid hydrocarbons or any other substance, or any combination or combinations thereof; or any other secondary method of producing hydrocarbons recognized by the industry and approved by the board. (D) The order provided for in subparagraph (B) of this paragraph shall be fair and reasonable under all the circumstances, shall protect the rights of interested parties, and shall include: (i) A description of the area embraced, termed the unit area; and a description of the affected pool or pools, or portions thereof, which lie within the unit area; (ii) A statement of the nature of the operations contemplated;

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(iii) A method of allocation among the separately owned tracts in the unit area of all the oil or gas or both produced from the unit pool within the unit area and not required in the conduct of such operation or unavoidably lost, such method of allocation to be on a formula that is fair and equitable and will protect the correlative rights of all interested parties; (iv) A provision for adjustment among the owners of the unit area (not including royalty owners) of their respective investments in wells, tanks, pumps, machinery, materials, equipment, and other things and services of value attributable to the unit operations. The amount to be charged unit operations for any such item shall be determined by the owners of the unit area (not including royalty owners); provided, however, that if such owners of the unit area are unable to agree upon the amount of such charges, or to agree upon the correctness thereof, the board shall determine the amount after due notice and hearing thereon. The net amount charged against the owners of a separately owned tract shall be considered expense of unit operation chargeable against such tract. The adjustment provided for in this division may be treated separately and handled by agreements separate from the unitization agreement; (v) A provision that the costs and expenses of unit operations, including investment, past and prospective, be charged to the separately owned tracts in the same proportions that such tracts share in unit productions. The expenses chargeable to a tract shall be paid by the person or persons not entitled to share in production free of operating costs, and who, in the absence of unit operation, would be responsible for the expense of developing and operating such tracts, and such person's or persons' interest in the separately owned tract shall be primarily responsible therefor. The obligation or liability of such persons in the several, separately owned tracts for the payment of unit expense shall at all times be several and not joint or collective. The unit operator shall have a first and prior lien upon the leasehold estate exclusive of the royalty interest provided thereby and unleased oil and gas rights, exclusive of one-eighth interest therein, in and to each separately owned tract, and the interest of the owners thereof in and to the unit production and all equipment in possession of the unit, to secure the payment of the amount of the unit expense charged to and assessed against such separately owned tract; (vi) The designation of, or a provision for the selection of, a unit operator. The conduct of all unit operations by the unit operator and the selection of a successor to the unit operator shall be governed by the terms and provisions of the unitization agreements; (vii) A provision that when the full amount of any charge made against any interest in a separately owned tract is not paid when due by the person or persons primarily responsible therefor, then all of the oil and gas production allocated to the interest in default in such separately owned tract, upon which production the unit operator has a lien, may be appropriated by the unit operator and marketed and sold for the payment of such charge, together with interest at a fair and equitable rate as determined by the

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board thereon. The remaining portion of the unit production or the proceeds derived therefrom allocated to each separately owned tract shall in all events be regarded as royalty to be paid to the owners, free and clear of all unit expense and free and clear of any lien therefor. The owner of any overriding royalty, oil and gas payment, or other interest, who is not primarily responsible for the unpaid obligation, shall, to the extent of any payment or deduction from his or her share, be subrogated to all the rights of the unit operator with respect to the interest or interests primarily responsible for such payment. Any surplus received by the operator from any such sale of production shall be credited to the person or persons from whom it was deducted in the proportion of their respective interest; and (viii) The time the unit operation shall become effective, and the manner in which, and the circumstances under which, the unit operation shall terminate. (E) An order requiring unit operation shall not become effective unless and until a contract incorporating the unitization agreement has been signed or in writing ratified or approved by the owners of at least 85 percent in interest as costs are shared under the terms of the order and by 85 percent in interest, as production is to be allocated, of the royalty owners in the unit area, and unless and until a contract incorporating the required arrangements for operations has been signed or in writing ratified or approved by the owners of at least 85 percent in interest as costs are shared, and unless and until the board has made a finding, either in the order or in a supplemental order, that those contracts have been signed, ratified, or approved. Both contracts may be encompassed in a single document. In the event the required percentage interests have not signed, ratified, or approved such agreements within six months from and after the date of such order, or within such extended period as the board may prescribe, the order shall be automatically revoked. (F)(i) The board, by entry of new or amending orders, may from time to time add to unit operations portions of pools not theretofore included, and may add to unit operations new pools or portions thereof, and may extend the unit area as required. Any such order, in providing for allocation of production from a unitized zone of the unit area, shall first allocate to such pool or pools, or portion thereof so added, a portion of the total production of oil or gas, or both, from all pools affected within the unit area, as enlarged and not required in the conduct of unit operations or unavoidably lost. Such allocation shall be based on a formula for sharing that is considered to treat each tract and each owner fairly and equitably during the remaining course of unit operations. The production so allocated to such added pool or pools or portions thereof shall be allocated to the separately owned tracts which participate in such production on a fair and equitable basis. The remaining portion of unit production shall be allocated among the separately owned tracts within the previously established unit area in the same proportions as those specified prior to the enlargement unless such proportions are shown to be erroneous by data developed subsequent to the

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former determination, in which event the errors shall be corrected. Orders promulgated under this Code section shall become operative at 7:00 A.M. on the first day of the month next following the day on which the order becomes effective. (ii) An order promulgated by the board under this subparagraph shall not become effective unless and until:
(I) All of the terms and provisions of the unitization agreement relating to the extension or enlargement of the unit area or to the addition of pools or portions thereof to unit operations have been fulfilled and satisfied, and evidence thereof has been submitted to the board; and (II) The extension or addition effected by such order has been agreed to in writing by the owners of at least 85 percent in interest as costs are shared in the area or pools or portions thereof to be added to the unit operation by such order and by 85 percent in interest, as production is to be allocated, of the royalty owners in the area or pools or portions thereof to be added to the unit operations by such order, and evidence thereof has been submitted to the board. (iii) In the event both of the requirements specified in subdivisions (I) and (II) of division (ii) of this subparagraph are not fulfilled within six months from and after the date of such order or within such extended period as the board may prescribe, the order shall be automatically revoked. (G) When the contribution of a separately owned tract with respect to any unit pool has been established, such contribution shall not be subsequently altered except to correct a mathematical or clerical error that caused the tract contribution to be erroneous, unless an enlargement of the unit is effected. No change or correction of the contribution of any separately owned tract shall be given retroactive effect, but appropriate adjustment shall be made for the investment charges as provided in this Code section. (H) The portion of unit production allocated to a separately owned tract within the unit area shall be deemed, for all purposes, to have been actually produced from such tract, and operations with respect to any unit pool within the unit area shall be deemed, for all purposes, to be the conduct of operations for the production of oil or gas, or both, from each separately owned tract in the unit area. (b) Owners, operators, and royalty owners who have separate holdings in the same oil or gas pool or in any area that appears from geological or other data to be underlaid by a common accumulation of oil or gas or both are authorized to make agreements among themselves for establishing and carrying out a plan for the cooperative development and operation of the pool or area, provided that such agreements must be approved by the board; provided, further, that such agreements must be for the purpose of conserving gas or oil or both, or for the prevention of waste, or to assure the ultimate recovery of gas or oil or both. Such agreements shall not be held or construed to violate any of the laws of this state relating to trusts, monopolies, or contracts and combinations in restraint of trade.

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12-4-46. (a) Before any well covered by this part, other than wells for the production of fresh water, may be drilled, the person desiring to drill the well shall apply to the director for a drilling permit, using such forms as the director may prescribe, and shall pay a fee of $500.00 for each permit. (b) The director shall, within 30 days after the receipt of a properly completed application from any person desiring to drill a well covered by this part, issue a public notice for the permit application by posting such notice to the division website and by sending such notice via mail or e-mail to any persons who have requested notification of permit applications from the division. The director shall allow for a 30 day public comment period to begin running from the date the public notice is posted on the division website and as outlined in subsection (c) of this Code section. The director shall review and consider the public comments received during the public comment period. (c) The permit applicant shall provide the director's public notice of the proposed well directly to property owners and residents who may be impacted by the issuance of the permit within ten days of the date of the public notice by, at a minimum:
(1) Posting the public notice along the road nearest to the proposed well; (2) Providing the public notice to all persons owning real property within one-half mile of the proposed wellhead and within one-half mile along the route of any directional borehole and any residence that has any drinking water wells within one-half mile of the proposed wellhead and within one-half mile along the route of any directional borehole; and (3) Publishing the public notice in at least one legal organ in the county where the well will be located. (d) After considering the permit application, the director shall either issue or deny a permit for the well. The director shall notify the public of the final permit decision by posting the decision to the division website and by sending notice of the decision via mail or e-mail to any persons who have requested notification of permit applications from the division. (e) In issuing or denying a permit for the drilling of a well covered by this part, the director shall consider the extent to which the proposed well complies with this part, all rules and regulations adopted and promulgated pursuant to this part, or any order under this part. (f) In issuing a permit for the drilling of any well covered by this part, the director shall specify therein such terms and conditions as he or she deems necessary to receive the permit and to lawfully operate thereunder. Permits shall include the following requirements: (1) Requirements for testing the integrity of well casings; (2) Requirements for maintenance and repair of roadways significantly impacted by drilling operations, including hydraulic fracturing activities; and (3) Requirements for buffers around wells and property line setbacks that are sufficient to protect affected property owners from any noise, light, water, or air pollution resulting from any drilling operations.

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(g) Any permit issued under this Code section shall become final unless any person named therein requests in writing a hearing before an administrative law judge appointed by the board no later than 30 days after the issuance of such permit. (h) The director shall have the power and the authority to revoke a permit for noncompliance with any of the provisions of this part, any rules and regulations promulgated under this part, or the special conditions contained in any permit. (i) The issuance of a permit under this part in no way indicates a determination by the director as to property or contractual rights of the applicant to drill such a well at the designated location.

12-4-47. (a) Prior to the issuance of a permit to drill any well covered by this part, the owner, operator, contractor, driller, or other person responsible for the conduct of the drilling operation shall furnish the state a bond or undertaking in the form prescribed by the board and in an amount set by the board, executed by a bonding, surety, or insurance company authorized to do business in this state in the favor of the state. Alternatively, the board in its discretion may require a similar undertaking executed only by such person to ensure a faithful performance of the requirements of this part, of any rules or regulations adopted pursuant thereto, or of any condition of a permit. Such bond or undertaking is intended to protect the state or any citizen thereof from any injury which may result from improper drilling. (b) Any bond required under this part shall be released two years from the date of receipt by the director of all geological information required under this part or any rule or regulation adopted pursuant to this part; provided, however, that the director shall have examined and approved the abandoned well for which the bond was furnished. (c) No bond required under this part shall exceed $100,000.00.

12-4-48. (a) Whenever the director has reason to believe that any person is violating the provisions of this part or any rule or regulation adopted pursuant to this part, the director may issue an administrative order to that person. The order shall specify the provisions of this part alleged to have been violated and shall order that corrective action be taken within a reasonable period of time prescribed in the order. Any such order shall become final and enforceable unless the person or persons named therein request in writing a hearing before an administrative law judge appointed by the board no later than 30 days after the issuance of the order. (b) Whenever the director finds that an emergency exists requiring immediate action to protect the public interest, the director may issue a provisional order reciting the existence of such an emergency and requiring that such action be taken as is reasonably necessary to meet the emergency under the circumstances, provided that such an emergency order shall be issued only after an affidavit has been filed with the director showing specific facts of

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such an emergency condition. Such order shall be effective immediately. Any person against whom such order is directed shall upon appropriate notice comply therewith immediately but on application to the director shall be afforded a hearing before an administrative law judge appointed by the board within ten days of receipt of such application by the director or, if the party applying so requests, within 48 hours of receipt of such application by the director. Prior to such hearing, the director shall be authorized to modify or revoke such order. After the hearing, the administrative law judge shall be authorized to make such order as is just and reasonable, including an order continuing, revoking, or modifying such provisional order. (c) Whenever the director has reason to believe that any person is violating any provision of this part or any rule or regulation adopted pursuant to this part, the director may bring an action against such person in the proper superior court to restrain such person or persons from continuing such violations. In such action, the director may seek injunctions, including temporary restraining orders and temporary injunctions, without the necessity for showing lack of an adequate remedy at law. (d) Any person who willfully or negligently violates any provision of this part, any rule or regulation adopted under this part, or any permit or final or emergency order of the director shall be subject to a civil penalty of not less than $50.00, but in any event not to exceed $10,000.00 for each act of violation. Each day of continued violation shall subject such person to a separate civil penalty. An administrative law judge appointed by the board, after a hearing shall determine whether or not any person has violated any provision of this part or any rule or regulation adopted under this part or any permit or final or emergency order of the director, and shall upon proper finding issue an order imposing such civil penalties as provided in this Code section. Any person so penalized under this Code section is entitled to judicial review. In this connection, all hearings and proceedings for judicial review under this Code section shall be in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' All civil penalties recovered by the director as provided by this chapter shall be paid into the state treasury to the credit of the general fund. (e) In addition to any other enforcement remedy available to the director under this part, all illegal minerals and illegal products are declared to be contraband and forfeited to the state in accordance with the procedures set forth in Chapter 16 of Title 9, except that:
(1) Any seizure of contraband shall be delivered to the director or his or her duly authorized agent; (2) Illegal minerals shall only be forfeited as provided for in Code Section 9-16-12; and (3) Property seized pursuant to this subsection shall not be required to be stored in an area within the jurisdiction of the court if such storage is not possible. (f) Nothing in this Code section shall deny or abridge any cause of action a royalty owner, lienholder, or other claimant may have against any persons whose acts result in the forfeiture of the illegal oil, illegal gas, or illegal product.

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12-4-49. In the administration and enforcement of this part, all hearings before an administrative law judge shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any party to said hearings (including the director) shall have the right of judicial review in accordance with Chapter 13 of Title 50.

12-4-50. In any contested administrative hearing under this part, no person shall be excused from attending and testifying, or from producing books, papers, and records before the administrative law judge, or from obedience to the subpoena of the administrative law judge, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required by him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture, provided that nothing contained in this Code section shall be construed as requiring any person to produce any books, papers, or records, or to testify in response to any inquiry, not pertinent to a question lawfully before the administrative law judge for determination. No evidence given by or required of any natural person shall be used or admitted against such a person in any criminal prosecution for any transaction, matter, or thing concerning which he or she may be required to testify or produce evidence, documentary or otherwise, before the administrative law judge in obedience to its subpoena; provided, however, that no person testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.

12-4-51. Any provision of Part 2 of Article 3 of Chapter 5 of this title which is inconsistent with this part shall not be repealed by this part and shall govern over this part.

12-4-52. This part shall not be construed as limiting the authority or functions of any officer or agency of this state under any other law or regulation not inconsistent with this part.

12-4-52.1. This part shall not be construed as limiting the authority of local governments to adopt local zoning or land use ordinances limiting the location or timing of activities defined herein for the purposes of protecting natural resources or human health and welfare.

12-4-53. The following activities are prohibited:
(1) The waste of oil or gas as defined in this part; (2) The sale, purchase, or acquisition or the transportation, refining, processing, or handling of illegal minerals or illegal products;

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(3) The sale, purchase, or acquisition or the transportation, refining, processing, or handling in any other way of any mineral, including oil and gas, or any mineral product without complying with this part or any rule or regulation of the board promulgated pursuant to this part; (4) Intentionally or negligently permitting any gas or oil well to get out of control; (5) The drilling of any well covered by the provisions of this part by any person without a permit for such drilling; and (6) Any other violation of any provision of this part or any rule or regulation promulgated under this part.

12-4-54. (a) As used in this Code section, the term 'extractor' means any person removing oil or gas from the ground pursuant to this part.
(b)(1) A severance tax shall be levied on oil or gas removed from the ground in this state by an extractor as follows:
(A) Three cents per barrel of oil; and (B) One cent per thousand cubic feet of gas. (2) The Department of Revenue shall promulgate rules and regulations as necessary to implement and administer the provisions of this subsection and shall promulgate and make available forms for the use of extractors to assist in compliance with this subsection. (c)(1) In addition to the tax provided for in subsection (b) of this Code section, the governing authority of each county and each municipal corporation is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of a severance tax on oil or gas removed from the ground by an extractor within the jurisdiction of such county or municipality as follows: (A) An amount not to exceed nine cents per barrel of oil; and (B) An amount not to exceed two cents per thousand cubic feet of gas. (2) The severance tax provided for in paragraph (1) of this subsection shall be collected by the Department of Revenue in the same manner and under the same procedures as provided for pursuant to subsection (b) of this Code section on behalf of each county and municipality electing to exercise the powers conferred herein and shall be remitted to each such county and municipality accordingly."

SECTION 2. This Act shall become effective upon this Act's 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, 2018.

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DOMESTIC RELATIONS PROPERTY RELIEF FROM FAMILY VIOLENCE; LENGTH AND EFFECT OF TEMPORARY ORDERS; TERMINATION OF RENTAL AGREEMENTS UNDER CERTAIN CONDITIONS.

No. 482 (House Bill No. 834).

AN ACT

To amend Code Section 19-13-3 and Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to filing of petition seeking relief from family violence, granting of temporary relief ex parte, hearing, dismissal of petition upon failure to hold hearing, and procedural advice for victims, and landlord and tenant, respectively, so as to clarify matters concerning the effect of a temporary ex parte order and the length of time it is effective; to provide for the termination of a residential rental agreement under circumstances involving family violence; to provide for definitions; to provide for notice and terms of termination; to provide for applicability; to revise the procedures between the landlord and tenant for the listing of damages before and after a tenancy; to clarify provisions relating to the return of a security deposit and actions related thereto; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to filing of petition seeking relief from family violence, granting of temporary relief ex parte, hearing, dismissal of petition upon failure to hold hearing, and procedural advice for victims, is amended by revising subsections (b) and (c) as follows:
"(b) Upon the filing of a verified petition in which the petitioner alleges with specific facts that probable cause exists to establish that family violence has occurred in the past and may occur in the future, the court may order such temporary relief ex parte as it deems necessary to protect the petitioner or a minor of the household from violence. If the court issues an ex parte order, a copy of the order shall be immediately furnished to the petitioner and such order shall remain in effect until the court issues an order dismissing such order or a hearing as set forth in subsection (c) of this Code section occurs, whichever occurs first. (c) Within ten days of the filing of the petition under this article or as soon as practical thereafter, but not later than 30 days after the filing of the petition, a hearing shall be held at which the petitioner must prove the allegations of the petition by a preponderance of the evidence as in other civil cases. In the event a hearing cannot be scheduled within the county where the case is pending within the 30 day period the same shall be scheduled and

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heard within any other county of that circuit. If a hearing is not held within 30 days of the filing of the petition, the petition shall stand dismissed unless the parties otherwise agree. (d) If the Court finds a party is avoiding service to delay a hearing, the Court may delay dismissal of the petition for an additional 30 days."

SECTION 2. Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, is amended in Article 1, relating to general provisions, by adding a new Code section to read as follows:
"44-7-23. (a) As used in this Code section, the term:
(1) 'Civil family violence order' means: (A) Any protective order issued pursuant to Article 1 of Chapter 13 of Title 19, provided that the respondent was present or had notice of the hearing that resulted in the issuance of such order; or (B) Any ex parte temporary protective order issued pursuant to Article 1 of Chapter 13 of Title 19, provided that it is accompanied by a police report showing a basis for such order.
(2) 'Criminal family violence order' means: (A) Any order of pretrial release issued as a result of an arrest for an act of family violence; or (B) Any order for probation issued as a result of a conviction or plea of guilty, nolo contendere, or first offender to an act of family violence.
(3) 'Family violence' shall have the same meaning as set forth in Code Section 19-13-1. (b) A tenant may terminate his or her residential rental or lease agreement for real estate effective 30 days after providing the landlord with a written notice of termination when a civil family violence order or criminal family violence order has been issued:
(1) Protecting such tenant or his or her minor child; or (2) Protecting such tenant when he or she is a joint tenant, or his or her minor child, even when such protected tenant had no obligation to pay rent to the landlord. (c) The notice to the landlord pursuant to subsection (b) of this Code section shall be accompanied by a copy of the applicable civil family violence order or criminal family violence order and a copy of the police report if such order was an ex parte temporary protective order. (d) Upon termination of a residential rental or lease agreement under this Code section, the tenant may occupy the real estate until the termination is effective. Such tenant shall be liable for the rent due under such agreement prorated to the effective date of the termination, payable at such time as would have otherwise been required by the terms of such agreement, and for any delinquent or unpaid rent or other sums owed to the landlord prior to the termination of such agreement. The tenant shall not be liable for any other fees, rent, or damages due to the early termination of the tenancy as provided for in this Code section.

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Notwithstanding any provision of law to the contrary, if a tenant terminates a residential rental or lease agreement pursuant to this Code section 14 or more days prior to occupancy, no damages or penalties of any kind will be assessable. (e) This Code section shall apply to all residential real estate rental or lease agreements entered into on or after July 1, 2018, and to any renewals, modifications, or extensions of such agreements in effect on such date. This Code section shall not be waived or modified by the agreement of the parties under any circumstances."

SECTION 3. Said chapter is further amended by revising Code Sections 44-7-33 through 44-7-35, relating to lists of existing defects and of damages during tenancy, right of tenant to inspect and dissent, action to recover security deposit, return of security deposit, grounds for retention of part, delivery of statement and sum due to tenant, unclaimed deposit, court determination of disposition of deposit, and remedies for landlord's noncompliance with article, respectively, as follows:
"44-7-33. (a) Prior to tendering a security deposit, the tenant shall be presented with a comprehensive list of any existing damage to the premises which shall be for the tenant's permanent retention. The tenant shall have the right to inspect the premises to ascertain the accuracy of such list prior to taking occupancy. The landlord and the tenant shall sign the list, and this shall be conclusive evidence of the accuracy of the list but shall not be conclusive as to latent defects. If the tenant refuses to sign the list, the tenant shall state specifically in writing the items on such list to which he or she dissents and shall sign such statement of dissent.
(b)(1) Within three business days after the termination of the residential lease and vacation of the premises or the surrender and acceptance of the premises, whichever occurs first, the landlord or his or her agent shall inspect the premises and compile a comprehensive list of any damage done to the premises which is the basis for any charge against the security deposit and the estimated dollar value of such damage. The tenant shall upon request have the right to inspect the premises and such list within five business days after the termination of the residential lease and vacation of the premises or the surrender and acceptance of the premises and the inspection by the landlord or his or her agent. If the tenant is present with the landlord at the time of the inspection, the landlord and the tenant shall sign the list, and this shall be conclusive evidence of the accuracy of the list. If the tenant refuses to sign the list, he or she shall state specifically in writing the items on the list to which he or she dissents and shall sign such statement of dissent. The landlord shall then comply with the provisions of Code Section 44-7-34. (2) If the tenant vacates or surrenders the premises without notifying the landlord, the landlord shall inspect the premises and compile a comprehensive list of any damage done to the premises which is the basis for any charge against the security deposit and the estimated dollar value of such damage within a reasonable time after discovering the

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premises has been surrendered by vacancy. The landlord shall sign the list and then comply with the provisions of Code Section 44-7-34. (c) A tenant who disputes the accuracy of the final damage list compiled pursuant to subsection (b) of this Code section and provided to the tenant pursuant to Code Section 44-7-34 may bring an action in any court of competent jurisdiction in this state to recover the portion of the security deposit which the tenant believes to be wrongfully withheld for damages to the premises. The tenant's claims shall be limited to those items to which the tenant specifically dissented in accordance with this Code section. If the tenant is present for the inspection of the premises after vacancy and signs the landlord's final damage list or fails to dissent specifically in accordance with this Code section, the tenant shall not be entitled to recover the security deposit or any other damages under Code Section 44-7-35, provided that the lists required under this Code section contain written notice of the tenant's duty to sign or to dissent to the list. A tenant who did not inspect the premises after vacancy or was not present for the landlord's inspection of the premises after vacancy and, in either case, did not request a copy of the landlord's final damage list shall have the right to dispute the damages assessed by the landlord.

44-7-34. (a) Within 30 days after obtaining possession of the premises as provided in subsection (b) of Code Section 44-7-33, a landlord shall return to the tenant the full security deposit which was deposited with the landlord by the tenant. No security deposit shall be retained to cover ordinary wear and tear which occurred as a result of the use of the premises for the purposes for which the premises were intended, provided that there was no negligence, carelessness, accident, or abuse of the premises by the tenant or members of his or her household or their invitees or guests. In the event that actual cause exists for retaining any portion of the security deposit, the landlord shall provide the tenant with a written statement identifying the exact reasons for the retention thereof, which shall include the comprehensive list of damages prepared as required by Code Section 44-7-33, if the reason for retention is based on damages to the premises. When such statement is delivered, it shall be accompanied by a payment of the difference between any sum deposited and the amount retained. The landlord shall be deemed to have complied with this Code section by mailing such statement and any payment required to the last known address of the tenant via first-class mail. If the letter containing the payment is returned to the landlord undelivered and if the landlord is unable to locate the tenant after reasonable effort, the payment shall become the property of the landlord 90 days after the date the payment was mailed. Nothing in this Code section shall preclude the landlord from retaining the security deposit for nonpayment of rent or of fees for late payment, for abandonment of the premises, for nonpayment of utility charges, for repair work or cleaning contracted for by the tenant with third parties, for unpaid pet fees, or for actual damages caused by the tenant's breach, provided that the landlord attempts to mitigate the actual damages.

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(b) In any court action in which there is a determination that neither the landlord nor the tenant is entitled to all or a portion of a security deposit under this article, the judge or the jury, as the case may be, shall determine what would be an equitable disposition of the security deposit; and the judge shall order the security deposit paid in accordance with such disposition.

44-7-35. (a) A landlord shall not be entitled to retain any portion of a security deposit if:
(1) The security deposit was not deposited in an escrow account in accordance with Code Section 44-7-31 or a surety bond was not posted in accordance with Code Section 44-7-32; (2) The initial damage list required by subsection (a) of Code Section 44-7-33 was not made and presented to the tenant as required by such subsection; and (3) The final damage list required by subsection (b) of Code Section 44-7-33 was not compiled and made available to the tenant as required by such subsection. (b) The failure of a landlord to provide the lists and written statements within the time periods specified in Code Section 44-7-34 shall work a forfeiture of all the landlord's rights to withhold any portion of the security deposit or to bring an action against the tenant for damages to the premises. (c) Any landlord who fails to return any part of a security deposit which is required to be returned to a tenant pursuant to this article shall be liable to the tenant in the amount of three times the sum improperly withheld plus reasonable attorney's fees; provided, however, that the landlord shall be liable only for the sum erroneously withheld if the landlord shows by the preponderance of the evidence that the withholding was not intentional and resulted from a bona fide error which occurred in spite of the existence of procedures reasonably designed to avoid such errors."

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

Approved May 8, 2018.

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AGRICULTURE CONSERVATION AND NATURAL RESOURCES STATE SOIL AND WATER CONSERVATION COMMISSION; POWERS AND DUTIES; REGULATED RIPARIAN RIGHTS AND USE OF SURFACE WATERS.

No. 483 (Senate Bill No. 451).

AN ACT

To amend Code Section 2-6-27 of the Official Code of Georgia Annotated, relating to the State Soil and Water Conservation Commission additional duties and powers, so as to remove authority of the State Soil and Water Conservation Commission to formulate certain rules and regulations in consultation with the Environmental Protection Division of the Department of Natural Resources; to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to modify provisions relating to regulated riparian rights to surface waters for general or farm use, permits for withdrawal, diversion or impoundment, coordination with water plans, metering of farm use, interbasin transfers, and appeal procedures, so as to modify provisions relating to regulated reasonable use of ground water for farm use, permits to withdraw, obtain, or utilize same, metering of same, and related procedures; to modify procedures relating to applications for such permits; to modify procedures relating to the suspension of farm use permits; to modify provisions relating to measuring farm uses of water; 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 2-6-27 of the Official Code of Georgia Annotated, relating to the State Soil and Water Conservation Commission additional duties and powers, is amended by deleting paragraph (7.2).

SECTION 2. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by revising paragraph (3) of subsection (b), paragraph (6.1) of subsection (k), and subsection (m.1) of Code Section 12-5-31, relating to regulated riparian rights to surface waters for general or farm use, permits for withdrawal, diversion or impoundment, coordination with water plans, metering of farm use, interbasin transfers, and appeal procedures, as follows:
"(3)(A) Notwithstanding any other provision of this Code section to the contrary, a permit for the withdrawal or diversion of surface waters for farm uses shall be issued by the director to any person when the applicant submits an application which provides

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reasonable proof that the applicant's farm use of surface waters occurred prior to July 1, 1988, and when any such application is submitted prior to July 1, 1991. If submitted prior to July 1, 1991, an application for a permit to be issued based upon farm uses of surface waters occurring prior to July 1, 1988, shall be granted for the withdrawal or diversion of surface waters at a rate of withdrawal or diversion equal to the greater of the operating capacity in place for withdrawal or diversion on July 1, 1988, or, when measured in gallons per day on a monthly average for a calendar year, the greatest withdrawal or diversion capacity during the five-year period immediately preceding July 1, 1988. If submitted after July 1, 1991, or, regardless of when submitted, if it is based upon a withdrawal or diversion of surface waters for farm uses occurring or proposed to occur on or after July 1, 1988, an application shall be subject to evaluation and classification pursuant to subsections (e), (f), and (g) of this Code section, but a permit based upon such evaluation and classification shall be issued to ensure the applicant's right to a reasonable use of such surface waters. Any permit issued pursuant to this paragraph shall be conditioned upon the requirement that the permittee shall provide, on forms prescribed by the director, information relating to a general description of the lands and number of acres subject to irrigation and the permit; a description of the general type of irrigation system used; the source of withdrawal water such as river, stream, or impoundment; and pump information, including rated capacity, pump location, and power information. (B) Permits applied for under this paragraph on or after April 20, 2006, for farm use in the Flint River basin shall have a term of 25 years and shall be automatically renewed at the original permitted capacity unless an evaluation by the division indicates that renewal at the original capacity would have unreasonable adverse effects upon other water uses. The division may renew the original permit at a lower capacity, but such capacity shall be based on the reasonable use of the permittee and evaluation of the resource. (C) A permittee may apply to have a permit issued under this paragraph modified, amended, transferred, or assigned to subsequent owners of the lands which are the subject of such permit; provided, however, that:
(i) The division shall receive written notice of any such transfer or assignment; (ii) Any modification in or amendment to the use or capacity conditions contained in the permit or in the lands which are the subject of such permit shall require the permittee to submit an application for review and approval by the director consistent with this Code section; (iii) The permittee may commence withdrawing water under the modified, amended, transferred, or assigned permit on the effective date stated on the revised permit for farm use; and (iv) For all permits for which such modification, amendment, transfer, or assignment is effective on or after April 20, 2018, and for which no water-measuring device is installed, the permittee shall have one year from the updated effective date stated on

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the revised permit for farm use to have an acceptable type of water-measuring device installed, to have such device in operation at each point of permitted withdrawal, and to notify the division in writing once the installation has occurred. The division shall approve or disapprove the installation within 60 days of the date of notification. The permittee shall be responsible for all associated costs. (D) Nothing in this paragraph shall be construed as a repeal or modification of Code Section 12-5-46." "(6.1) The director may permanently revoke any permit under this Code section for farm use within the Flint River Basin applied for on or after April 20, 2006, if initial use for the purpose indicated on the permit application, as measured by a flow meter approved by the division, has not commenced within two years of the date of issuance of the permit unless the permittee can reasonably demonstrate that his or her nonuse was due to financial hardship or circumstances beyond his or her control;" "(m.1)(1) The division shall have the duty of implementing a program of measuring farm uses of water in order to obtain clear and accurate information on the patterns and amounts of such use, which information is essential to proper management of water resources by the state and useful to farmers for improving the efficiency and effectiveness of their use of water, meeting the requirements of subsections (b) and (m) of this Code section, and improving water conservation. (2) The division: (A) May conduct its duties with division staff and may contract with other persons to conduct any of its duties; (B) May receive and use state appropriations, gifts, grants, or other sources of funding to carry out its duties; (C) Shall develop a priority system for the installation of devices for measurement of farm uses of water at the points of those withdrawals for which a permit was issued as of July 1, 2003. The division may refine the priority system from time to time based on the amount of funding received by the division, considerations regarding cost effectiveness, new technical information, changes in resource use or conditions, or other factors as deemed relevant by the director; (D) Shall, on behalf of the state, contract for the purchase and installation of that subset of water-measuring devices according to the priority system required by this Code section and no charge shall be made to the permittee for such costs. However, when the division assesses the site or attempts to install such water-measuring devices and finds that the site lacks withdrawal or irrigation infrastructure, the division shall document such withdrawal or irrigation infrastructure conditions, and notify the permittee in writing that a state funded water-measuring device or devices could not be installed, that a device or devices are still required. After the expiration of five years such permittee shall be responsible for having an acceptable type of water-measuring device installed and placed into operation and all associated costs. The permittee shall notify the

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division in writing once the installation has occurred. The division shall approve or disapprove the installation within 60 days of the date of notification; (E) Shall, at monthly intervals, read an appropriate proportion of water-measuring devices installed for measuring farm use of surface water and compile the collected data for use in meeting the purposes in paragraph (1) of this subsection, and the division shall communicate in advance with private property owners to establish reasonable times for such readings. In the event that a permittee's water-measuring devices are selected for monthly readings, the permittee may choose to perform those readings and transmit that information to the division; and (F) Shall issue an annual progress report on the status of water-measuring device installation. (3) Any person whose permit for agricultural water use was issued before July 1, 2003, and who desires to install a water-measuring device at no cost to the state may do so, provided that the permittee shall have an acceptable type of water-measuring device installed and placed in operation at each point of permitted withdrawal and the permittee shall notify the division in writing once the installation has occurred. The division shall approve or disapprove the installation within 60 days of the date of notification. (4) Any person who desires to commence a farm use of water for which a permit is issued after July 1, 2003, shall not commence such use prior to receiving approval from the division that such person has installed an acceptable type of water-measuring device installed by the commission at each point of permitted withdrawal. The permittee shall be responsible for all such costs. (5) Employees, contractors or agents of the division are authorized to enter upon private property at reasonable times and upon reasonable notice to conduct the duties of the division under this subsection. (6) Regarding all permits for which a water-measuring device is installed, regardless of when the permit was issued, the division shall contract for the annual reading of such water-measuring devices. The division shall require each contractor conducting such annual readings to transmit complete and accurate data required by the division to the division annually. (7) The division shall audit a subset of reported water-measuring device readings submitted by permittees for the purpose of understanding and improving the accuracy of such readings. (8) The division shall contract for any maintenance, repair, or replacement of water-measuring devices installed pursuant to this Code section where maintenance, repair, or replacement is required to ensure that such water-measuring devices accurately reflect the amount of water used, and no charge shall be made to the permittee for such costs. (9) If the division determines that the permittee or the permittee's employees, tenants, licensees, or agents have willfully dismantled, sold, relocated, or removed any water-measuring device installed pursuant to this Code section, the permittee may be

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subject to enforcement action by the division, including but not limited to imposition of civil penalties. (10) Any reports of amounts of use for recreational purposes under this Code section shall be compiled separately from amounts reported for all other farm uses."

SECTION 3. Said chapter is further amended by revising subsections (c) and (d) of Code Section 12-5-97, relating to duration of permits; renewal; transfer; certified statements by holders; monitoring water use; granting permit to person withdrawing ground water prior to July 1, 1973; prior investments in land and nature of plans for water use; continued withdrawal pending decision on permit, as follows:
"(c) Except as provided in subsection (b) of Code Section 12-5-105, permits shall not be transferred except with the approval of the division. (d) Except as provided in subsection (b) of Code Section 12-5-105, every person who is required by this part to secure a permit shall file with the division, in the manner prescribed by the division, a certified statement of quantities of water used and withdrawn, sources of water, and the nature of the use thereof not more frequently than at 30 day intervals. Such statements shall be filed on forms furnished by the division within 90 days after the issuance of regulations. Water users not required to secure a permit shall comply with procedures established to protect and manage the water resources of the state. Such procedures shall be within the provisions of this part and shall be adopted after public hearing. The requirements embodied in the two preceding sentences shall not apply to individual domestic water use."

SECTION 4. Said chapter is further amended by revising subsections (b) and (b.1) of Code Section 12-5-105, relating to regulated reasonable use of ground water for farm use, permits to withdraw, obtain, or utilize same, metering of same, and related procedures, as follows:
"(b) Notwithstanding any provisions of Code Section 12-5-95, 12-5-96, or 12-5-97 to the contrary, permits to withdraw, obtain, or utilize ground waters for farm uses, as that term is defined in paragraph (5.1) of Code Section 12-5-92, whether for new withdrawals or under subsection (a) of this Code section, shall be governed as follows:
(1) Permits applied for under this Code section on or after April 20, 2006, for farm use within the Flint River basin shall have a term of 25 years and shall be automatically renewed at the original permitted capacity unless an evaluation by the division indicates that renewal at the original capacity would have unreasonable adverse effects upon other water uses. The division may renew the original permit at a lower capacity, but such capacity shall be based on the reasonable use of the permittee and evaluation of the resource;

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(2) A permittee may apply to have a permit issued under this Code section modified, amended, transferred, or assigned to subsequent owners of the lands which are the subject of such permit; provided, however, that:
(A) The division shall receive written notice of any such transfer or assignment; (B) Any modification in or amendment to the use or capacity conditions contained in the permit or in the lands which are the subject of such permit shall require the permittee to submit an application for review and approval by the director consistent with the requirements of this part; (C) The permittee may commence withdrawing water under the modified, amended, transferred, or assigned permit on the effective date stated on the revised permit for farm use; and (D) For all permits for which such modification, amendment, transfer, or assignment is effective on or after April 20, 2018, and for which no water-measuring device is installed, the permittee shall have one year from the updated effective date stated on the revised permit for farm use to have an acceptable type of water-measuring device installed, to have such device in operation at each point of permitted withdrawal, and to notify the division in writing once the installation has occurred. The division shall approve or disapprove the installation within 60 days of the date of notification. The permittee shall be responsible for all associated costs; (3) Permits for farm use, after initial use has commenced, shall not be revoked, in whole or in part, for nonuse; except that the director may permanently revoke any permit under this Code section for farm use within the Flint River Basin applied for on or after April 20, 2006, if initial use for the purpose indicated on the permit application, as measured by a flow meter approved by the division has not commenced within two years of the date of issuance of the permit unless the permittee can reasonably demonstrate that his or her nonuse was due to financial hardship or circumstances beyond his or her control; (4) The director may suspend or modify a permit for farm use if he or she should determine through inspection, investigations, or otherwise that the quantity of water allowed would prevent other applicants from reasonable use of ground water beneath their property for farm use; (5) During emergency periods of water shortage, the director shall give first priority to providing water for human consumption and second priority to farm use; and (6) The importance and necessity of water for industrial purposes are in no way modified or diminished by this Code section. (b.1)(1) The division shall have the duty of implementing a program of measuring farm uses of water in order to obtain clear and accurate information on the patterns and amounts of such use, which information is essential to proper management of water resources by the state and useful to farmers for improving the efficiency and effectiveness of their use of water, meeting the requirements of subsections (b) and (b.1) of this Code section, and improving water conservation.

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(2) The division: (A) May conduct its duties with division staff and may contract with other persons to conduct any of its duties; (B) May receive and use state appropriations, gifts, grants, or other sources of funding to carry out its duties; (C) Shall develop a priority system for the installation of devices for measurement of farm uses of water at the points of those withdrawals for which a permit was issued as of July 1, 2003. The division may refine the priority system from time to time based on the amount of funding received by the division, considerations regarding cost effectiveness, new technical information, changes in resource use or conditions, or other factors as deemed relevant by the director; (D) Shall, on behalf of the state, contract for the purchase and installation of that subset of water-measuring devices according to the priority system required by this Code section and no charge shall be made to the permittee for such costs. However, when the division assesses the site or attempts to install such water-measuring devices and finds that the site lacks the withdrawal or irrigation infrastructure, the division shall document such withdrawal or irrigation infrastructure conditions and notify the permittee in writing that a state funded water-measuring device or devices could not be installed, that a device or devices are still required. After the expiration of five years such permittee shall be responsible for having an acceptable type of water-measuring device installed and placed into operation and all associated costs. The permittee shall notify the division in writing once the installation has occurred. The division shall approve or disapprove the installation within 60 days of the date of notification; (E) Shall, at monthly intervals, read an appropriate proportion of water-measuring devices installed for measuring farm use of ground water and compile the collected data for use in meeting the purposes in paragraph (1) of this Code section, and the division shall communicate in advance with private property owners to establish reasonable times for such readings. In the event that a permittee's water-measuring devices are selected for monthly readings, the permittee may choose to perform those readings and transmit that information to the division; and (F) Shall issue an annual progress report on the status of water-measuring device installation.
(3) Any person whose permit for agricultural water use was issued before July 1, 2003, and who desires to install a water-measuring device at no cost to the state may do so, provided that the permittee shall have an acceptable type of water-measuring device installed and placed in operation at each point of permitted withdrawal and the permittee shall notify the division in writing once the installation has occurred. The division shall approve or disapprove the installation within 60 days of the date of notification. (4) Any person who desires to commence a farm use of water for which a permit is issued after July 1, 2003, shall not commence such use prior to receiving approval from the division that such person has installed an acceptable type of water-measuring device

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installed by the commission at each point of permitted withdrawal. The permittee shall be responsible for all such costs. (5) Regarding all permits for which a water-measuring device is installed, regardless of when the permit was issued, the division shall contract for the annual reading of such water-measuring devices. The division shall require each contractor conducting such annual readings to transmit complete and accurate data required by the division to the division annually. (6) The division shall audit a subset of reported water-measuring device readings submitted by permittees for the purpose of understanding and improving the accuracy of such readings. (7) Employees, contractors, or agents of the division are authorized to enter upon private property at reasonable times and upon reasonable notice to conduct the duties of the division under this subsection. (8) The division shall contract for any maintenance, repair, or replacement of water-measuring devices installed pursuant to this Code section where maintenance, repair, or replacement is required to ensure that such water-measuring devices accurately reflect the amount of water used, and no charge shall be made to the permittee for such costs. (9) If the division determines that the permittee or the permittee's employees, tenants, licensees, or agents have willfully dismantled, sold, relocated, or removed any water-measuring device installed pursuant to this Code Section, the permittee may be subject to enforcement action by the division, including but not limited to imposition of civil penalties. (10) Any reports of amounts of use for recreational purposes under this part shall be compiled separately from amounts reported for all other farm uses."

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

Approved May 8, 2018.

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EDUCATION INNOVATIVE ASSESSMENT PILOT PROGRAM; ESTABLISH.

No. 484 (Senate Bill No. 362).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the establishment of an innovative assessment pilot program; to provide for participating local school systems; to provide exemptions from certain state-wide assessment requirements; to provide for an annual report; to provide for revised accountability requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Code Section 20-2-281, relating to student assessments in elementary and secondary education, by revising subsection (a) 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 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 local 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

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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; provided, however, that each local school system participating in the innovative assessment pilot program established pursuant to Code Section 20-2-286 shall be required to administer only such end-of-grade assessments as specified in the local school system's flexibility contract, as amended for participation in the innovative assessment pilot program. These tests shall contain features that allow for comparability to other states with which 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; provided, however, that each local school system participating in the innovative assessment pilot program established pursuant to Code Section 20-2-286 shall be required to administer only such end-of-course assessments as specified in the local school system's flexibility contract, as amended for participation in the innovative assessment pilot program. 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 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

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contract entered into with the State Board of Education for a strategic waivers school system."

SECTION 2. Said title is further amended in Part 12 of Article 6 of Chapter 2, relating to effectiveness of educational programs in elementary and secondary education, by adding a new Code section to read as follows:
"20-2-286. (a) Beginning with the 2018-2019 school year, the State Board of Education shall establish an innovative assessment pilot program to examine one or more alternate assessment and accountability systems aligned with state academic content standards. The pilot program shall span from three to five years in duration, as determined by the state board and may include up to ten local school system participants. A consortium of local school systems implementing the same innovative alternate assessment may participate in the pilot program and shall be counted as one of the ten pilot program participants. The participating local school systems shall be selected by the state board in a competitive process and based on criteria established by the state board, including current compliance with the terms of their charter system contract or strategic waivers school system contract. (b) The local school systems participating in the pilot program shall be authorized to design and implement an innovative alternate assessment and accountability program which may include, but shall not be limited to, cumulative year-end assessments, competency based assessments, instructionally embedded assessments, interim assessments, performance based assessments, or other innovated assessment designs approved by the State Board of Education. In order to allow the time and resources for the participating local school systems to implement an innovative alternate assessment and accountability program, the state board shall be authorized to reduce the state-wide testing requirements for such local school systems for the duration of the pilot program for end-of-grade and end-of-course assessments as contained in Code Section 20-2-281. (c) Notwithstanding Code Sections 20-2-82, 20-2-244, and 20-2-2065, the State Board of Education shall be authorized to waive, for the duration of the pilot program, all or a portion of the requirements of Part 3 of Article 2 of Chapter 14 of this title for local school systems participating in the pilot program, but may replace any such accountability requirements with alternate requirements as specified in the local school system's charter system contract or strategic waivers school system contract. (d) Each local school system participating in the pilot program shall amend its charter system contract or strategic waivers school system contract to reflect the innovative alternate assessment and accountability system that will be utilized during the term of the pilot program. Any local school system in the pilot program that is not complying with the terms of its charter system contract or strategic waivers school system contract may be removed from the pilot program at the sole discretion of the state board and shall be subject

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to the state-wide assessment requirements contained in Code Section 20-2-281 and the accountability system provided for in Part 3 of Article 2 of Chapter 14 of this title. (e) The State Board of Education shall take all reasonable steps to obtain any necessary waivers or approvals and maximum flexibility from the U.S. Department of Education to facilitate the implementation of the innovative assessment pilot program within the confines of federal law, including any appropriate changes to the state-wide accountability system established in the state plan for Georgia pursuant to the federal Every Student Succeeds Act that are necessary for the local school systems participating in the pilot program.
(f)(1) The State Board of Education may contract with an external, independent third party with expertise in innovative and flexible approaches to assessment systems to assist in the development and implementation of one or more innovative alternate assessment and accountability systems. Such independent third party shall have access to and expertise from external technical experts, including technical experts in states that have pursued innovative and flexible approaches, in state assessment and accountability systems as well as knowledge and experience in the federal Every Student Succeeds Act and its implementing regulations. (2) The State Board of Education shall consult with and provide coordination with the Office of Student Achievement in the development and implementation of the pilot program established pursuant to this Code section. (3) The State Board of Education and the Department of Education shall contract with an external, independent third party to evaluate comparability between the innovative assessments, including norm referenced assessments, and the state-wide assessments, including for subgroups of students, and shall identify strategies that may be used to scale the innovative assessment to all local school systems state-wide. The State Board of Education shall determine initial performance based baselines and accountability requirements for local school systems participating in the pilot program. (4) Local school systems participating in the pilot program shall be encouraged to collaborate amongst each other during the course of the pilot program. (g) No later than December 31, 2019, and annually thereafter for the duration of the pilot program, the Department of Education shall submit a detailed written report, approved by the State Board of Education, on the implementation and effectiveness of the innovative assessment pilot program to the Governor, the Speaker of the House of Representatives, and the President of the Senate. The final report shall also include recommendations as to expansion of the pilot program state-wide and estimated costs of implementation."

SECTION 3. Said title is further amended by revising Code Section 20-14-31, relating to establishing standard for satisfactory performance under the education accountability assessment, as follows:

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"20-14-31. Except as otherwise provided in this article, the office shall establish the levels of performance on each assessment instrument administered under Code Section 20-2-281 by establishing the standard that should be achieved by students in each subject area at each grade level. Data and information regarding the establishment of the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27; provided, however, that local school systems participating in the innovative assessment pilot program established pursuant to Code Section 20-2-286 shall only be measured on the reduced specific end-of-grade and end-of-course assessments as specified in the local school system's flexibility contract, as amended for participation in the innovative assessment pilot program."

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

Approved May 8, 2018.

__________

REVENUE AND TAXATION AD VALOREM TAXES; REPORTING AND PROOF OF FILING REQUIREMENTS.

No. 492 (House Bill No. 888).

AN ACT

To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions from property tax, so as to change certain reporting and proof of filing requirements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions from property tax, is amended by revising Code Section 48-5-48.1, relating to the tangible personal property inventory exemption, as follows:
"48-5-48.1. (a) Any person, firm, or corporation seeking a level 1 freeport exemption from ad valorem taxation of certain tangible personal property inventory when such exemption has been

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authorized by the governing authority of any county or municipality after approval of the electors of such county or municipality pursuant to the authority of the Constitution of Georgia or Code Section 48-5-48.2 shall file a written application and summary of property with the county board of tax assessors on forms furnished by such board. Such application shall be filed in the year in which exemption from taxation is sought no later than the date on which the tax receiver or tax commissioner of the county in which the property is located closes the books for the return of taxes. (b) The application for the level 1 freeport exemption shall provide for:
(1) A summary, as prescribed by the department, of the inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in the State of Georgia; (2) A summary, as prescribed by the department, of the inventory of finished goods manufactured or produced within the State of Georgia in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods; (3) A summary, as prescribed by the department, of the inventory of finished goods which on January 1 are stored in a warehouse, dock, or wharf, whether public or private, and which are destined for shipment outside the State of Georgia and the inventory of finished goods which are shipped into the State of Georgia from outside this state and which are stored for transshipment to a final destination outside this state. The information required by Code Section 48-5-48.2 to be contained in the official books and records of the warehouse, dock, or wharf where such property is being stored, which official books and records are required to be open to the inspection of taxing authorities of this state and political subdivisions thereof, shall not be required to be included as a part of or to accompany the application for such exemption; and (4) A summary, as prescribed by the department, of the stock in trade of a fulfillment center which on January 1 is stored in the fulfillment center. The information required by Code Section 48-5-48.2 to be contained in the official books and records of the fulfillment center where such property is being stored, which official books and records are required to be open to the inspection of the taxing authorities of this state and political subdivisions thereof, shall not be required to be included as a part of or to accompany the application for such exemption. (c)(1) For purposes of this subsection, the term 'file properly' shall mean and include the timely filing of the completed application for which exemption is sought on or before the due date specified in subsection (a) of this Code section. Any clerical error, including, but not limited to, a typographical error, scrivener's error, or any unintentional immaterial error or omission in the application shall not be construed as a failure to file properly. (2) The failure to file properly the completed application shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to make the application for such exemption for that year as follows:

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(A) The failure to report any inventory for which such exemption is sought in the summary provided for in the application shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to so report for that taxable year in an amount equal to the difference between fair market value of the inventory as reported and the fair market value finally determined to be applicable to the inventory for which the exemption is sought; and (B) The failure to file timely such completed application shall constitute a waiver of the exemption until the first day of the month following the month such completed application is filed properly with the county tax assessor; provided, however, that unless such completed application is filed on or before June 1 of such year, the exemption shall be waived for that entire year. (d) Upon receiving the application required by this Code section, the county board of tax assessors shall determine the eligibility of all types of tangible personal property listed on the application. If any property has been listed which the board believes is not eligible for the exemption, the board shall issue a letter notifying the applicant, not later than 180 days after receiving the application, that all or a portion of the application has been denied. The denial letter shall list the type and total fair market value of all property listed on the application for which the exemption has been approved and the type and total fair market value of all property listed on the application for which the exemption has been denied. The applicant shall have the right to appeal from the denial of the exemption for any property listed and such appeal shall proceed as provided in Code Section 48-5-311. Except as otherwise provided in subparagraph (c)(2)(A) of this Code section, the county board of assessors shall not send a second letter of notification denying the exemption of all or a portion of such property listed on the application on new grounds that could and should have been discerned at the time the initial denial letter was issued. If, however, the county board of tax assessors fails to issue a letter of denial within 180 days after receiving the taxpayer's application, then the freeport exemption sought in the application shall be deemed accepted in its entirety. (e) If the level 1 freeport exemption has been granted to a taxpayer for a taxable year, the county board of tax assessors shall issue a notice of renewal to the taxpayer for the immediately following taxable year. Such notice of renewal shall be issued not later than January 15 of such immediately following taxable year to facilitate the filing of a timely completed application by the taxpayer for such taxable year."

SECTION 2. Said part is further amended by revising Code Section 48-5-48.2, relating to the level 1 freeport exemption and referendum, as follows:
"48-5-48.2. (a) This Code section shall be known and may be cited as the 'Level 1 Freeport Exemption.'

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(b) As used in this Code section, the term: (1) 'Destined for shipment to a final destination outside this state' means, for purposes of a level 1 freeport exemption, that portion or percentage of an inventory of finished goods which the taxpayer can establish, through a historical sales or shipment analysis, either of which utilizes information from the preceding calendar year, or other reasonable, documented method, is reasonably anticipated to be shipped to a final destination outside this state. Such other reasonable, documented method may only be utilized in the case of a new business, in the case of a substantial change in scope of an existing business, or in other unusual situations where a historical sales or shipment analysis does not adequately reflect future anticipated shipments to a final destination outside this state. It is not necessary that the actual final destination be known as of January 1 in order to qualify for the exemption. (2) 'Finished goods' means, for purposes of a level 1 freeport exemption, goods, wares, and merchandise of every character and kind but shall not include unrecovered, unextracted, or unsevered natural resources or raw materials or goods in the process of manufacture or production or the stock in trade of a retailer. (3) 'Foreign merchandise in transit' means, for purposes of a level 1 freeport exemption, any goods which are in international commerce where the title has passed to a foreign purchaser and the goods are temporarily stored in this state while awaiting shipment overseas. (4) 'Fulfillment center' means, for purposes of a level 1 freeport exemption, a business location in Georgia which is used to pack, ship, store, or otherwise process tangible personal property sold by electronic, Internet, telephonic, or other remote means, provided that such a business location does not allow customers to purchase or receive goods onsite at such business location. (5) 'Raw materials' means, for purposes of a level 1 freeport exemption, any material, whether crude or processed, that can be converted by manufacture, processing, or a combination thereof into a new and useful product but shall not include unrecovered, unextracted, or unsevered natural resources. (6) 'Stock in trade of a fulfillment center' means, for purposes of a level 1 freeport exemption, goods, wares, and merchandise held by one in the business of making sales of such goods when such goods are held or stored at a fulfillment center. (7) 'Stock in trade of a retailer' means, for purposes of a level 1 freeport exemption, finished goods held by one in the business of making sales of such goods at retail in this state, within the meaning of Chapter 8 of this title, when such goods are held or stored at a business location from which such retail sales are regularly made. Goods stored in a warehouse, dock, or wharf, including a warehouse or distribution center which is part of or adjoins a place of business from which retail sales are regularly made, shall not be considered stock in trade of a retailer to the extent that the taxpayer can establish, through a historical sales or shipment analysis, either of which utilizes information from the preceding calendar year, or other reasonable, documented method, the portion or

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percentage of such goods which is reasonably anticipated to be shipped outside this state for resale purposes. (c) The governing authority of any county or municipality may, subject to the approval of the electors of such political subdivision, exempt from ad valorem taxation, including all such taxes levied for educational purposes and for state purposes, all or any combination of the following types of tangible personal property: (1) Inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held by the taxpayer or the taxpayer's designated agent for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in this state. The exemption provided for in this paragraph shall apply only to tangible personal property which is substantially modified, altered, combined, or changed in the ordinary course of the taxpayer's manufacturing, processing, or production operations in this state. For purposes of this paragraph, the following activities shall constitute substantial modification in the ordinary course of manufacturing, processing, or production operations:
(A) The cleaning, drying, pest control treatment, or segregation by grade of grain, peanuts or other oil seeds, or cotton; (B) The remanufacture of aircraft engines or aircraft engine parts or components, meaning the substantial overhauling or rebuilding of aircraft engines or aircraft engine parts or components; (C) The blending of fertilizer bulk materials into a custom mixture, whether performed at a commercial fertilizer blending plant, retail outlet, or any application site; and (D) The substantial assembly of finished parts; (2) Inventory of finished goods manufactured or produced within this state in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods. The exemption provided for in this paragraph shall be for a period not exceeding 12 months from the date such property is produced or manufactured; (3) Inventory of finished goods which, on January 1, are stored in a warehouse, dock, or wharf, whether public or private, and which are destined for shipment to a final destination outside this state and inventory of finished goods which are shipped into this state from outside this state and stored for transshipment to a final destination outside this state, including foreign merchandise in transit. The exemption provided for in this paragraph shall be for a period not exceeding 12 months from the date such property is stored in this state. Such period shall be determined based on application of a first-in, first-out method of accounting for the inventory. The official books and records of the warehouse, dock, or wharf where such property is being stored shall contain a full, true, and accurate inventory of all such property, including the date of the receipt of the property, the date of the withdrawal of the property, the point of origin of the property, and the point of final destination of the same, if known. The official books and records of any such warehouse, dock, or wharf, whether public or private, pertaining to any such property for which a

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freeport exemption has been claimed shall be at all times open to the inspection of all taxing authorities of this state and of any political subdivision of this state; or (4) Stock in trade of a fulfillment center which, on January 1, is stored in a fulfillment center and which is made available to remote purchasers who may make such purchases by electronic, Internet, telephonic, or other remote means, and where such stock in trade of a fulfillment center will be shipped from the fulfillment center and delivered to the purchaser at a location other than the location of the fulfillment center. The exemption provided for in this paragraph shall be for a period not exceeding 12 months from the date such property is stored in this state. Such period shall be determined based on application of a first-in, first-out method of accounting for the inventory. The official books and records of the fulfillment center where such property is being stored shall contain a full, true, and accurate inventory of all such property, including the date of the receipt of the property and the date of the withdrawal of the property. The official books and records of any such fulfillment center pertaining to any such property for which a freeport exemption has been claimed shall be at all times open to the inspection of all taxing authorities of this state and of any political subdivision of this state. (d) Whenever the governing authority of any county or municipality wishes to exempt such tangible property from ad valorem taxation, as provided in this Code section, the governing authority thereof shall notify the election superintendent of such political subdivision, and it shall be the duty of said election superintendent to issue the call for an election for the purpose of submitting to the electors of the political subdivision the question of whether such exemption shall be granted. The referendum ballot shall specify as separate questions the type or types of property as defined in this Code section which are being proposed to be exempted from taxation. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. (e) The governing authority of any county or municipality wherein an exemption has been approved by the voters as provided in this Code section may, by appropriate resolution, a copy of which shall be immediately transmitted to the state revenue commissioner, exempt from taxation 20 percent, 40 percent, 60 percent, 80 percent, or all of the value of such tangible personal property as defined in this Code section; provided, however, that once an exemption has been granted, no reduction in the percent of the value of such property to be exempted may be made until and unless such exemption is revoked or repealed as provided in this Code section. An increase in the percent of the value of the property to be exempted may be accomplished by appropriate resolution of the governing authority of such county or municipality, and a copy thereof shall be immediately transmitted to the state revenue commissioner, provided that such increase shall be in increments of 20 percent, 40 percent, 60 percent, or 80 percent of the value of such tangible personal property as defined in this Code section, within the discretion of such governing authority. (f)(1) If more than one-half of the votes cast on such question are in favor of such exemption, then such exemption may be granted by the governing authority commencing on the first day of any ensuing calendar year; otherwise, such exemption may not be

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granted. This paragraph is intended to clearly provide that following approval of such exemption in such referendum, such exemption may be granted on the first day of any calendar year following the year in which such referendum was conducted. This paragraph shall not be construed to imply that the granting of such exemption could not previously be delayed to any such calendar year. (2) Exemptions may only be revoked by a referendum election called and conducted as provided in this Code section, provided that the call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of said election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a five-year period from the date of such referendum. (g) Level 1 freeport exemptions effected pursuant to this Code section may be granted either in lieu of or in addition to level 2 freeport exemptions under Code Section 48-5-48.6. (h) The commissioner shall by regulation adopt uniform procedures and forms for the use of local officials in the administration of this Code section."

SECTION 3. Said part is further amended by revising Code Section 48-5-48.5, relating to the application for the level 2 freeport exemption, as follows:
"48-5-48.5. (a) Any person, firm, or corporation seeking a level 2 freeport exemption from ad valorem taxation of certain tangible personal property inventory when such exemption has been authorized by the governing authority of any county or municipality after approval of the electors of such county or municipality pursuant to the authority of the Constitution of Georgia and Code Section 48-5-48.6 shall file a written application and summary, as prescribed by the department, of property with the county board of tax assessors on forms furnished by such board. Such application shall be filed in the year in which exemption from taxation is sought no later than the date on which the tax receiver or tax commissioner of the county in which the property is located closes the books for the return of taxes. (b) The application for the level 2 freeport exemption shall provide for a summary, as prescribed by the department, of the inventory of finished goods held by one in the business of making sales of such goods in this state.
(c)(1) For purposes of this subsection, the term 'file properly' shall mean and include the timely filing of the application and complete summary, as prescribed by the department, of the inventory for which exemption is sought on or before the due date specified in subsection (a) of this Code section. Any clerical error, including, but not limited to, a typographical error, scrivener's error, or any unintentional immaterial error or omission in the application shall not be construed as a failure to file properly. (2) The failure to file properly the application and summary, as prescribed by the department, shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to make the application for such exemption for that year as follows:

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(A) The failure to report any inventory for which such exemption is sought in the summary, as prescribed by the department, provided for in the application shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to so report for that taxable year in an amount equal to the difference between fair market value of the inventory as reported and the fair market value finally determined to be applicable to the inventory for which the exemption is sought; and (B) The failure to file timely such application and summary, as prescribed by the department, shall constitute a waiver of the exemption until the first day of the month following the month such application and summary, as prescribed by the department, are filed properly with the county tax assessor; provided, however, that unless the application and schedule are filed on or before June 1 of such year, the exemption shall be waived for that entire year. (d) Upon receiving the application required by this Code section, the county board of tax assessors shall determine the eligibility of all types of tangible personal property listed on the application. If any property has been listed which the board believes is not eligible for the exemption, the board shall issue a letter notifying the applicant that all or a portion of the application has been denied. The denial letter shall list the type and total fair market value of all property listed on the application for which the exemption has been approved and the type and total fair market value of all property listed on the application for which the exemption has been denied. The applicant shall have the right to appeal from the denial of the exemption for any property listed, and such appeal shall proceed as provided in Code Section 48-5-311. Except as otherwise provided in subparagraph (c)(2)(A) of this Code section, the county board of assessors shall not send a second letter of notification denying the exemption of all or a portion of such property listed on the application on new grounds that could and should have been discerned at the time the initial denial letter was issued. (e) If the level 2 freeport exemption has been granted to a taxpayer for a taxable year, the county board of tax assessors shall issue a notice of renewal to the taxpayer for the immediately following taxable year. Such notice of renewal shall be issued not later than January 15 of such immediately following taxable year to facilitate the filing of a timely application and summary, as prescribed by the department, by the taxpayer for such taxable year."

SECTION 4. Said part is further amended by adding a new Code section to read as follows:
"48-5-48.7. (a) Any document required to be filed under Code Section 48-5-48.1 or 48-5-48.5 shall be considered properly and timely filed if the postal date on the mailed document, whether metered or stamped, is on or before the date on which the tax receiver or tax commissioner of the county in which the property is located closes the book for the return of taxes. (b) Any document properly and timely filed pursuant to subsection (a) of this Code section and incorrectly determined to be untimely filed, upon sufficient proof thereof, shall entitle

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the applicant to a credit against future ad valorem assessments from the county which improperly denied the applicant the exemption under Code Section 48-5-48.1 or 48-5-48.5."

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

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

Approved May 8, 2018.

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ELECTIONS LOBBYISTS; SEXUAL HARASSMENT POLICY.

No. 493 (House Bill No. 973).

AN ACT

To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide that lobbyists shall acknowledge receiving, reading, and agreeing to abide by the sexual harassment policy of the General Assembly as a condition to lobbyist registration; 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 21 of the Official Code of Georgia Annotated, relating to ethics in government, is amended by revising subsections (b) and (d) of Code Section 21-5-71, relating to registration required, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions, as follows:
"(b) Each lobbyist who is required to register under this article shall file an application for registration with the commission. The application shall be verified by the applicant and shall contain:
(1) The applicant's name, address, and telephone number; (2) The name, address, and telephone number of the person or agency that employs, appoints, or authorizes the applicant to lobby on its behalf;

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(3) A statement of the general business or purpose of each person, firm, corporation, association, or agency the applicant represents; (4) If the applicant represents a membership group other than an agency or corporation, the general purpose and approximate number of members of the organization; (5) A statement signed by the person or agency employing, appointing, or authorizing the applicant to lobby on its behalf; (6) If the applicant is a lobbyist attempting to influence rule making or purchasing by a state agency or agencies, the name of the state agency or agencies before which the applicant engages in lobbying; (7) A statement disclosing each individual or entity on whose behalf the applicant is registering if such individual or entity has agreed to pay him or her an amount exceeding $10,000.00 in a calendar year for lobbying activities; (8) A statement verifying that the applicant has not been convicted of a felony involving moral turpitude in the courts of this state or an offense that, had it occurred in this state, would constitute a felony involving moral turpitude under the laws of this state or, if the applicant has been so convicted, a statement identifying such conviction, the date thereof, a copy of the person's sentence, and a statement that more than ten years have elapsed since the completion of his or her sentence; and (9) A statement by the applicant verifying that the applicant has received the Georgia General Assembly Employee Sexual Harassment Policy as set forth in the Georgia General Assembly Handbook, has read and understands the policy, and agrees to abide by the policy. The commission shall retain on file the statement required pursuant to paragraph (9) of this subsection and any renewal statements under subsection (d) of this Code section for the duration of the lobbyist's registration period. A copy of such statement shall be sent to the Legislative Fiscal Office." "(d) Each registration under this Code section shall expire on December 31 of each year. The commission may establish renewal procedures for those applicants desiring continuous registrations. Previously filed information may be incorporated by reference; provided, however, that the statement regarding the sexual harassment policy required under paragraph (9) of subsection (b) of this Code section shall be signed and filed each year as a part of the renewal process."

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

Approved May 8, 2018.

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HEALTH - PROFESSIONS AND BUSINESSES REVISE PROVISIONS REGULATING COSMETIC AND OTHER SERVICES AND PROCEDURES.

No. 531 (Senate Bill No. 461).

AN ACT

To amend Chapter 40 of Title 31 and Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to tattoo studios and barbers and cosmetologists, respectively, so as to change certain provisions relating to cosmetic and other services and procedures performed in this state; to provide that microblading of the eyebrow is included as tattooing; to provide that microblading of the eyebrow is not considered illegal tattooing near the eye; to provide for and change certain definitions relative to barbers and the practice of cosmetology; to provide for licensing of such professions; to add hair relaxing and straightening to the scope of practice of certain occupations licensed by the State Board of Cosmetology and Barbers; to provide for regulation of shops, salons, and schools by local governments; to change certain provisions related to instruction to be provided to licensees; to change certain provisions related to inspections of certain shops, salons, and schools; to change certain provisions relating to applications for registration; to provide for certain schools to offer additional courses of study; to provide for the board to be the repository for certain education records; to require schools to display certain documents to certain locations; to require certain schools to teach specific courses; to revise certain provisions related to penalties and the unlicensed practice of occupations licensed by the board; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 40 of Title 31 of the Official Code of Georgia Annotated, relating to tattoo studios, is amended by revising Code Section 31-40-1, relating to definitions, as follows:
"31-40-1. As used in this chapter, the term:
(1) 'Microblading of the eyebrow' means a form of cosmetic tattoo artistry where ink is deposited superficially in the upper three layers of the epidermis using a handheld tool made up of needles known as a microblade to improve or create eyebrow definition, to cover gaps of lost or missing hair, to extend the natural eyebrow pattern, or to create a full construction if the eyebrows have little to no hair. (2) 'Tattoo' means to mark or color the skin by pricking in, piercing, or implanting indelible pigments or dyes under the skin. Such term includes microblading of the eyebrow.

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(3) 'Tattoo artist' means any person who performs tattooing, except that the term tattoo artist shall not include in its meaning any physician or osteopath licensed under Chapter 34 of Title 43, nor shall it include any technician acting under the direct supervision of such licensed physician or osteopath, pursuant to subsection (a) of Code Section 16-5-71. (4) 'Tattoo studio' means any facility or building on a fixed foundation wherein a tattoo artist performs tattooing."

SECTION 2. Said chapter is further amended by revising Code Section 31-40-10, relating to criminal law not repealed, as follows:
"31-40-10. Nothing in this chapter shall be construed to repeal the provisions of Code Section 16-12-5; provided, however, that Code Section 16-12-5 shall not apply to microblading of the eyebrow."

SECTION 3. Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to barbers and cosmetologists, is amended by revising Code Section 43-10-1, relating to definitions, as follows:
"43-10-1. As used in this chapter, the term:
(1) 'Barber apprentice' means an individual who practices barbering under the constant and direct supervision of a licensed master barber. (2) 'Barber II' means an individual who performs any one or more of the following services for compensation:
(A) Shaving or trimming the beard; (B) Cutting or dressing the hair; (C) Giving facial or scalp massages; or (D) Giving facial or scalp treatment with oils or cream or other preparations made for this purpose, either by hand or by means of mechanical appliances. (3) 'Barbering' means the occupation of shaving or trimming the beard, cutting or dressing the hair, giving facial or scalp massages, giving facial or scalp treatment with oils or cream or other preparations made for this purpose, either by hand or by means of mechanical appliances, singeing and shampooing the hair, coloring or dyeing the hair, or permanently waving, relaxing, or straightening the hair of an individual for compensation. (4) 'Beautician' means 'cosmetologist' as such term is defined in this Code section. (5) 'Beauty shop' or 'beauty salon' or 'barber shop' means any premises where one or more individuals engage in barbering or in the occupation of a cosmetologist. (6) 'Board' means the State Board of Cosmetology and Barbers.

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(7) 'Cosmetologist' means any individual who performs any one or more of the following services for compensation:
(A) Cuts or dresses the hair; (B) Gives facial or scalp massages or facial and scalp treatment with oils or cream or other preparations made for this purpose, either by hand or by means of mechanical appliances; (C) Singes and shampoos the hair, colors or dyes the hair, or does permanent waving, relaxing, or straightening of the hair; (D) Performs the services of a nail technician as defined in paragraph (12) of this Code section; or (E) Performs the services of an esthetician as defined in paragraph (8) of this Code section. Such individual shall be considered as practicing the occupation of a cosmetologist within the meaning of this Code section; provided, however, that such term shall not mean an individual who only braids the hair by hairweaving; interlocking; twisting; plaiting; wrapping by hand, chemical, or mechanical devices; or using any natural or synthetic fiber for extensions to the hair, and no such individual shall be subject to the provisions of this chapter. Such term shall not apply to an individual whose activities are limited to the application of cosmetics which are marketed to individuals and are readily commercially available to consumers. (8) 'Esthetician' or 'esthetics operator' means an individual who, for compensation, engages in any one or a combination of the following practices, esthetics, or cosmetic skin care: (A) Massaging the face, neck, dcolletage, or arms of an individual; (B) Trimming, tweezing, shaping, or threading eyebrows; (C) Dyeing eyelashes or eyebrows or applying eyelash extensions; or (D) Waxing, threading, stimulating, cleansing, or beautifying the face, neck, arms, torso, or legs of an individual by any method with the aid of the hands or any mechanical or electrical apparatus or by the use of a cosmetic preparation. Such practices of esthetics shall not include the diagnosis, treatment, or therapy of any dermatological condition or medical aesthetics or the use of lasers. Such term shall not apply to an individual whose activities are limited to the application of cosmetics during the production of film, television, or musical entertainment or to the application of cosmetics in a retail environment in which cosmetics are marketed to individuals and are readily commercially available to consumers. (9) 'Hair designer' means an individual who performs any one or more of the following services for compensation: (A) Cuts or dresses the hair; or (B) Singes and shampoos the hair, applies a permanent relaxer or straightener to the hair, or colors or dyes the hair.

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(9.1) 'License' means a certificate of registration or other document issued by the board or by the division director on behalf of the board pursuant to the provisions of this chapter permitting an individual to practice in an occupation or operate a school. (10) 'Master barber' means an individual who performs any one or more of the following services for compensation:
(A) Shaving or trimming the beard; (B) Cutting or dressing the hair; (C) Giving facial or scalp massages; (D) Giving facial or scalp treatment with oils or cream or other preparations made for this purpose, either by hand or by means of mechanical appliances; or (E) Singeing and shampooing the hair, coloring or dyeing the hair, or permanently waving, relaxing, or straightening the hair. (11) 'Master cosmetologist' means a cosmetologist who is possessed of the requisite skill and knowledge to perform properly all the services set forth in paragraph (7) of this Code section for compensation. (12) 'Nail technician' means an individual who, for compensation, performs manicures or pedicures or who trims, files, shapes, decorates, applies sculptured or otherwise artificial nail extensions, or in any way cares for the nails of another individual. (13) 'Person' means any individual, proprietorship, partnership, corporation, association, or other legal entity. (14) 'School of barbering' means any establishment that receives compensation for training more than one individual in barbering. Technical colleges whose programs have been approved by the Technical College System of Georgia or the Department of Education are not 'schools of barbering' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (15) 'School of cosmetology' means any establishment that receives compensation for training more than one individual in the occupation of a cosmetologist. Technical colleges whose programs have been approved by the Technical College System of Georgia or the Department of Education are not 'schools of cosmetology' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (16) 'School of esthetics' means any establishment that receives compensation for training more than one individual in the occupation of an esthetician. Technical colleges whose programs have been approved by the Technical College System of Georgia or the Department of Education are not 'schools of esthetics' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (17) 'School of hair design' means any establishment that receives compensation for training more than one individual in the occupation of a hair designer. Technical colleges whose programs have been approved by the Technical College System of Georgia or the

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Department of Education are not 'schools of hair design' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.' (18) 'School of nail care' means any establishment that receives compensation for training more than one individual in the occupation of a nail technician. Technical colleges whose programs have been approved by the Technical College System of Georgia or the Department of Education are not 'schools of nail care' within the meaning of this chapter; provided, however, that all such colleges and their programs shall be considered to be 'board approved.'"

SECTION 4. Said chapter is further amended by revising Code Section 43-10-6, relating to rules and regulations as to sanitary requirements, instruction on HIV and AIDS, inspections, and unsanitary condition as nuisance, as follows:
"43-10-6. (a) The board is authorized to adopt reasonable rules and regulations prescribing the sanitary requirements of beauty shops, beauty salons, barber shops, schools of cosmetology, schools of esthetics, schools of hair design, schools of nail care, and schools of barbering and to cause the rules and regulations or any subsequent revisions to be in suitable form; provided, however, that nothing in this chapter shall prevent a county or municipal corporation from adopting ordinances, rules, or regulations governing a business or occupational tax license or certificate; health or facility regulations; zoning; local licensing; or the operation of such shops, salons, or schools in addition to any requirements that may be imposed on such shops, salons, or schools under this chapter or by the board. The board shall make its rules and regulations available to the proprietor of each beauty shop, beauty salon, barber shop, school of cosmetology, school of esthetics, school of hair design, school of nail care, and school of barbering. It shall be the duty of every proprietor or person operating a beauty shop, beauty salon, barber shop, school of cosmetology, school of esthetics, school of hair design, school of nail care, and school of barbering in this state to keep a copy of such rules and regulations posted in a conspicuous place in such business, so as to be easily read by customers thereof. Posting such rules and regulations by electronic means shall be allowed. (b) The board is authorized to adopt reasonable rules and regulations requiring that individuals issued licenses under this chapter undergo instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome. (c) Any investigator or inspector employed by the Secretary of State shall have the power to enter and make reasonable examination of any beauty shop, beauty salon, barber shop, school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering in the state during business hours; during hours advertised by a shop, salon, or school as being open; and during hours a shop, salon, or school is open as indicated

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by the presence of patrons for the purpose of enforcing the rules and regulations of the board and for the purpose of ascertaining the sanitary conditions thereof. (d) Any beauty shop, beauty salon, barber shop, school of cosmetology, school of hair design, school of esthetics, school of nail care, and school of barbering in which tools, appliances, and furnishings used therein are kept in an unclean and unsanitary condition so as to endanger health is declared to be a public nuisance."

SECTION 5. Said chapter is further amended by revising subsection (h) of Code Section 43-10-9, relating to application for certificate of registration, as follows:
"(h)(1) On and after July 1, 2015, but prior July 1, 2018, any individual applying for a certificate of registration pursuant to this Code section shall pass both a board approved written and practical examination within a 24 month period after having obtained the required credit hours or shall be required to repeat all of such required credit hours before retaking the examinations. Should an applicant fail to pass either the written or practical examination, the board or the board's designee shall furnish the applicant a statement in writing, stating in what manner the applicant was deficient. (2) On and after July 1, 2018, any individual applying for a certificate of registration pursuant to this Code section shall pass both a board approved written and practical examination within a 48 month period after having obtained the required credit hours or shall be required to repeat all of such required credit hours before retaking the examinations. Should an applicant fail to pass either the written or practical examination, the board or the board's designee shall furnish the applicant a statement in writing, stating in what manner the applicant was deficient. Board members may attend and observe all written and practical examinations held for licenses or certificates of registration pursuant to this Code section."

SECTION 6. Said chapter is further amended by revising subsections (a) through (c) of Code Section 43-10-12, relating to regulation and permits for schools, teachers and instructors, registration of apprentices, and certification as teacher by Department of Education, as follows:
"(a)(1) All schools of barbering, schools of cosmetology, schools of esthetics, schools of hair design, and schools of nail care shall:
(A) Cause to be registered in writing with the board, at the time of opening, 15 bona fide students; provided, however, that any such school may petition to the board to add additional courses of study with a minimum of five students per course if such school has an active license in good standing; (B) Have not less than one instructor for every 20 students or a fraction thereof; (C) Keep permanently displayed a sign reading 'School of Cosmetology,' 'School of Hair Design,' 'School of Esthetics,' 'School of Nail Care,' or 'School of Barbering' as

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applicable; and all such signs shall also display the words 'Service by Students Only.' Where service is rendered by a student, no commissions or premiums shall be paid to such student for work done in the schools; nor shall any individual be employed by the schools to render professional service to the public; and (D) Provide transcripts to students upon graduation or withdrawal from the school, provided that all tuition and fees due to the school have been satisfied. Student records shall be maintained by the schools for a minimum of five years. If a school closes its business, the owner is required to provide copies of all student records, including, but not limited to, transcripts, to the board within 30 days of the school closure. (2) All schools of cosmetology, schools of hair design, schools of esthetics, schools of nail care, and schools of barbering shall keep in a conspicuous place as determined by the board through rules and regulations in such schools a copy of the rules and regulations adopted by the board. (3) All master cosmetologists, hair designers, estheticians, nail care technicians, master barbers, and barbers II who take an apprentice pursuant to Code Section 43-10-14 shall file immediately with the board through the division director the name and age of such apprentice; and the board shall cause such information to be entered on a register kept by the division director for that purpose. (b) Any person desiring to operate or conduct a school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering prior to opening shall first secure from the board a license to do so and shall keep the license prominently displayed in the school in a location determined by the board through rules and regulations. (c) The board shall have the authority to pass upon the qualifications, appointments, courses of study, and hours of study in the school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering, provided that: (1) All schools of cosmetology shall be required to teach the following courses: theory, permanent and cold hair waving, hair coloring, hair bleaching, hair relaxing, hair straightening, hair and scalp treatments, massaging the face, neck, and scalp, hair and scalp conditioning, hair cutting and shaping, hairdressing, shampooing, styling, comb out, waxing, threading, tweezing, reception, desk work, facials, makeup and arching, skin care, nail care, state law, board rules and regulations, and any other subjects related to cosmetology and sanitation; (1.1) All schools of hair design shall be required to teach the following courses: theory, permanent and cold hair waving, hair coloring, hair bleaching, hair relaxing, hair straightening, hair and scalp treatments, massaging the scalp, hair and scalp conditioning, hair cutting and shaping, hairdressing, shampooing, styling, comb out, reception, desk work, state law, board rules and regulations, and any other subjects related to hair design and sanitation; (2) All schools of esthetics shall be required to teach the following courses: theory, skin care, facials, makeup and arching, eyelash extensions, reception, desk work, massaging the face, neck, dcolletage, or arms, trimming, tweezing, or threading eyebrows and other

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facial hair, dyeing, waxing, stimulating, cleansing, or beautifying, state law, board rules and regulations, and any other subjects related to esthetics and sanitation; (3) All schools of nail care shall be required to teach the following courses: theory, trimming, filing, shaping, decorating, sculpturing and artificial nails, nail care, pedicuring, reception, desk work, state law, board rules and regulations, and any other subjects related to nail care and sanitation; and (4) All schools of barbering shall be required to teach the following courses: theory, hair and scalp treatments, massaging the face, neck, and scalp, shampooing and conditioning, shaving, coloring of hair, hair cutting and styling, facial hair design, facial hair waxing, permanent and cold hair waving, hair relaxing, hair straightening, chemical application, reception, desk work, state law, board rules and regulations, and any other subjects related to barbering and sanitation."

SECTION 7. Said chapter is further amended by revising Code Section 43-10-16, relating to injunction against unlicensed or unregistered practice, as follows:
"43-10-16. The board may bring an action to enjoin any person from engaging in barbering or the practice or the occupation of a cosmetologist, hair designer, esthetician, nail technician, master barber, or barber II if such person without being licensed to do so by the board engages in or practices barbering or the practice or occupation of a cosmetologist, hair designer, esthetician, nail technician, master barber, or barber II. The action shall be brought in the county in which such individual resides or, in the case of a firm or corporation, where the firm or corporation maintains its principal office; and, unless it appears that such person so engaging or practicing in barbering or the practice or occupation of a cosmetologist, hair designer, esthetician, nail technician, master barber, or barber II is licensed, the injunction shall be issued, and such person shall be perpetually enjoined from engaging or practicing in such activities throughout the state. It shall not be necessary in order to obtain the equitable relief provided in this Code section for the board to allege and prove that there is no adequate remedy at law. It is declared that the unlicensed activities referred to in this Code section are a menace and a nuisance dangerous to the public health, safety, and welfare."

SECTION 8. Said chapter is further amended by revising subsection (a) of Code Section 43-10-19, relating to penalty, as follows:
"(a) If any individual not lawfully entitled to a license under this chapter shall practice the occupation of a cosmetologist, hair designer, esthetician, nail technician, master barber, or barber II; or if any such individual shall endeavor to learn the trade of a cosmetologist, hair designer, esthetician, nail technician, master barber, or barber II by practicing the same under the instructions of a cosmetologist, hair designer, esthetician, nail technician, master

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barber, barber II, or other individual, other than as provided in this chapter; or if any such person shall instruct or attempt to instruct any individual in such trade; or if any proprietor of or person in control of or operating any beauty shop, beauty salon, school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering shall knowingly employ for the purpose of practicing such occupation any cosmetologist, hair designer, esthetician, nail technician, master barber, or barber II not licensed under this chapter; or if any person, beauty shop, beauty salon, barber shop, school of cosmetology, school of hair design, school of esthetics, school of nail care, or school of barbering shall engage in any of the acts covered in this chapter though not licensed under the provisions of this chapter; or if any individual shall falsely or fraudulently pretend to be qualified under this chapter to practice or learn such trade or occupation; or if any person shall violate any provision of this chapter for which a penalty is not specifically provided, such person shall be guilty of a misdemeanor."

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

Approved May 8, 2018.

__________

STATE HIGHWAY SYSTEM PORTIONS DEDICATED.

No. 539 (House Resolution No. 444).

A RESOLUTION

Dedicating certain portions of the state highway system; repealing a portion of a resolution dedicating portions of the state highway system approved on May 3, 2016 (Ga. L. 2016, p. 698); repealing a portion of a resolution dedicating certain portions of the state highway system as approved on May 9, 2017 (Ga. L. 2017, p. 825); and for other purposes.

PART I

WHEREAS, Mr. Willie Thomas Murray 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, Mr. Murray served as a guardian of this nation's freedom and liberty with the United States military during World War II; and

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WHEREAS, he was a leader in Lincoln County, where he served as a charter member and president of Twilight Improvement Association, a clearing-house for the presentation, review, and study of problems facing county citizens; and

WHEREAS, during his years of service, the association received federal funds for emergency food and medical services for county residents, and he was instrumental in establishing a county-wide transportation program for senior citizens; and

WHEREAS, a man of deep and abiding faith, Mr. Murray served as chairman of the board of trustees of Thankful Baptist Church and was a member of the Beulah Volunteer Fire Department; and

WHEREAS, he provided scholarships for six Lincoln County college students and conducted several voter registration drives and voter forums; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his honor.

PART II

WHEREAS, Lieutenant Hugh L. Moore was born on August 17, 1918, the beloved son of Mr. and Mrs. L.B. Moore; and

WHEREAS, a native of Nashville, Georgia, Lt. Moore graduated from the University of Georgia in 1938 and served as a guardian of this nation's freedom and liberty as a pilot with the United States Armed Forces during World War II; and

WHEREAS, he flew at least eight missions over Germany, participated in the Battle of Midway as a pilot of a Flying Fortress bomber, and went missing in action over enemy territory in Europe on July 28, 1942; and

WHEREAS, Lt. Moore's bravery and courage were recognized with an Air Medal with Oak Leaf Cluster and a Purple Heart; and

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

PART III

WHEREAS, a native of Atlanta, Georgia, Mr. James Harold Shepherd is a pioneer in the road construction industry as a founding member of the Shepherd Construction Company; and

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WHEREAS, Mr. Shepherd began his illustrious career in road construction at the age of 14, after his father sent to him to drive alone to Louisiana to build a levee for the WC Shepherd Company; and

WHEREAS, over the last six decades, Mr. Shepherd and his family have been responsible for constructing hundreds of miles of interstate highways in Georgia and several surrounding states, as well as thousands of miles of city and county streets; and

WHEREAS, at one time, Mr. Shepherd managed 15 asphalt plants across Georgia, North Carolina, and South Carolina and holds the patent on the "rumble roller" which marks the pavement edge on roads; and

WHEREAS, his leadership and vision were instrumental as president of the Georgia Asphalt Paving Association and the Georgia Highway Contractors Association; and

WHEREAS, a man of great philanthropy and generosity, Mr. Shepherd is a co-founder and founding board member of the Shepherd Center, a private, not for profit hospital that is internationally renowned for specialized treatment, research, and rehabilitation for spinal cord and brain injuries, multiple sclerosis, spine and chronic pain, and other neuromuscular conditions; and

WHEREAS, he has been recognized with numerous honors and accolades, including a Lifetime Achievement Award from the Georgia Highway Contractors Association, the AAPM&R Distinguished Public Service Award, the Atlanta Business Chronicle's Health-Care Heroes Award, and the 2016 Christopher Reeve Spirit of Courage Award from the Dana and Christopher Reeve 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 IV

WHEREAS, Mr. Horace L. Dunahoo came from a family with deep roots in the field of land surveying; and

WHEREAS, Mr. Dunahoo's passion for land surveying began as a young boy and was said to have been inspired by his uncle, Lucious House, who served as a county surveyor in Barrow County, Georgia, in the early 1900s; and

WHEREAS, Mr. Dunahoo was appointed by Governor Ellis Arnold to survey the county line dividing Gwinnett and DeKalb counties; and

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WHEREAS, a well-respected surveyor in both Georgia and South Carolina, Mr. Dunahoo surveyed the 32 mile line known as the Old Hightower Indian Trail and prepared maps that defined the line for future generations; and WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.

PART V

WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Sergeant David P. Land on March 26, 2003; and

WHEREAS, Sergeant Land began his career in law enforcement in 1990 as an Atlanta police officer and later went on to join the Stone Mountain Police Department where he worked until 1997 when he was hired by the Forsyth County Sheriff's Office; and

WHEREAS, this dedicated law enforcement officer's life was cut short from injuries he received in a motorcycle crash en route to a call for service, just two days after he was promoted to the rank of sergeant; and

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

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

WHEREAS, the Purple Heart is awarded to members of the armed forces who are wounded by an instrument of war in the hands of the enemy and posthumously to the next of kin in the name of those who are killed in action or die of wounds received in action; and

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

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

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

PART VII

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

WHEREAS, a native of Tennessee, Mr. Long attended David Lipscomb College in Nashville to study to become a minister; and

WHEREAS, in 1957, Mr. Long moved to Atlanta to serve as minister of the Northwest Church of Christ, where he also ministered to students attending the Georgia Institute of Technology; and

WHEREAS, Mr. Long was named president of Greater Atlanta Christian School after his instrumental role that led to the purchase of 170 acres on Indian Trail Road in Lilburn for the school's campus; and

WHEREAS, his leadership and guidance were instrumental as chairman of the education committee to the Gwinnett Chamber of Commerce and he was honored as the organization's Citizen of the Year in 1981; and

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

PART VIII

WHEREAS, on January 18, 2018, the State of Georgia lost one of its most distinguished citizens with the passing of Mr. Carey Ellerbee; and

WHEREAS, Mr. Ellerbee was a member of the Department of Transportation's District 3 maintenance program and worked diligently to minimize disruptions in Middle Georgia travel and provide safe roadways for travel to the public; and

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WHEREAS, Mr. Ellerbee's life was tragically cut short as he was fatally injured in the line of duty while clearing roads of snow and ice; and

WHEREAS, he was a dedicated husband, loving father and grandfather, and devoted employee whose presence and love continue to be missed by all who had the great fortune of knowing him; and

WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness and, by the example he made of his life, he made this world a better place in which to live; and

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

PART IX

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 X

WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. Jasper W. "JW" Dodd, Jr., on April 8, 2017; and

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WHEREAS, a 1945 graduate of Rossville High School, Mr. Dodd served as a guardian of this nation's freedom and liberty with the United States Army, valiantly and courageously protecting his fellow Americans as a rifleman and electrician during World War II and serving during the Korean War; and

WHEREAS, Mr. Dodd attended the University of Chattanooga, where he met his wife of 62 years, Virginia Bridges Dodd; and

WHEREAS, he opened Dodd Brothers Gulf Full Service Gas Station and Garage in the Fairview Community in 1950, which grew to serve as a pillar of the community for 68 years; and

WHEREAS, Mr. Dodd 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 XI

WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. Ben Napier; and

WHEREAS, Mr. Napier served as a guardian of this nation's freedom and liberty with the United States Army, valiantly and courageously protecting his fellow Americans as a Combat Infantryman from 1953 to 1957; and

WHEREAS, a native of Rossville, Georgia, Mr. Napier was an active with the volunteer fire department, where he helped establish the Stocking Full of Love program and was honored with a Jefferson Award for his hours of volunteer service; and

WHEREAS, he was united in love and marriage for 58 wonderful years to his wife, Darline, and was blessed with an amazing daughter, Kim; and

WHEREAS, Mr. Napier 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.

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WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. William Calvert "Coach" Sandberg; and

WHEREAS, Mr. Sandberg served as a guardian of this nation's freedom and liberty with the United States Army, valiantly and courageously protecting his fellow Americans during the Vietnam War; and

WHEREAS, a man of deep and abiding faith, Mr. Sandberg was an active member of Lookout Baptist Church; and

WHEREAS, his leadership was instrumental to numerous organizations, including the Vietnam Veterans of America Chapter 203, Daylight Thompkin's Masonic Lodge F&AM #764, Rossville Masonic Lodge F&AM #397, Alhambra Shrine Temple in Chattanooga, VFW Post 3679, and the American Legion Post 214; and

WHEREAS, he held numerous leadership positions with the VFW state organization, including chief of staff for Commander Pledge Cannon, VFW District 1 Commander, State Judge Advocate, State Jr. Vice Commander, State Sr. Vice Commander, and State Commander; and

WHEREAS, Mr. Sandberg 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 XIII

WHEREAS, Mrs. Annie Lois Freeman Souder was born in Jonesboro, Georgia, on June 23, 1912, a beloved daughter to Eddie Robert and Viola Freeman; and

WHEREAS, Mrs. Souder attended Clayton County schools and graduated from Booker T. Washington High School; and

WHEREAS, she earned a bachelor's degree in elementary education from Fort Valley State College and dedicated 44 years to challenging and uplifting the future leaders of this state as an educator with the Clayton County School System; and

WHEREAS, a woman of deep and abiding faith, Mrs. Souder was a devoted member of Shiloh Baptist Church and later joined Andrews Chapel United Methodist Church, where she

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served as a Sunday school teacher, senior choir member, and vacation Bible school teacher and was active with the United Methodist Women, Prison Ministry, and Children's Ministries; and

WHEREAS, her leadership and guidance were invaluable to numerous organizations, including the Busy Bee Senior Citizens Club, Senior Citizens of Clayton County, Clayton County Education Association, Georgia Teachers Education Association, Georgia Association of Educators, and National Education Association; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in her honor.

PART XIV

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

WHEREAS, Mr. David M. Anthony served as a guardian of this nation's freedom and liberty with the United States military; and

WHEREAS, he was mortally wounded by enemy fire on February 28, 1967, while performing reconnaissance of the jungles near Soui Da in the Republic of Vietnam; and

WHEREAS, his bravery and courage were posthumously recognized with a Silver Star for gallantry in action against hostile forces; and

WHEREAS, Mr. Anthony embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of this remarkable and distinguished American be recognized appropriately by dedicating a bridge in his memory.

PART XV

WHEREAS, Mr. Carl Genius Souder was born in Fayette County, Georgia, on February 29, 1902, a beloved son to William and Lula Souder; and

WHEREAS, Mr. Souder attended Clayton County schools and he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service as a city councilmember for the City of Jonesboro; and

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WHEREAS, a man of deep and abiding faith, Mr. Souder was an active member of Andrews Chapel United Methodist Church, where he served as steward, trustee, a Sunday school teacher, choir member, member of the administrative board, and president of the Busy Bee Senior Citizens Club; and

WHEREAS, his leadership and guidance were invaluable to numerous organizations, including as District Steward in the Georgia Methodist Conference and president of the Clayton County PTA for many years; and

WHEREAS, Mr. Souder contributed to his community though his service with the Clayton County Improvement League, Jonesboro Elementary School PTA, Clayton County PTA, and Clayton County Senior Citizens; and

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

PART XVI

WHEREAS, Jackson and Queen Mary Dixon 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. Dixon was born on December 4, 1831, while Mrs. Dixon was born on February 12, 1835; and

WHEREAS, Mr. Dixon was a farmer, landowner, community leader, and father, while Mrs. Dixon was the family caretaker and homemaker; and

WHEREAS, known for their generosity and kindness, Mr. and Mrs. Dixon made the world a better place in which to live, with many incredible contributions to their family, community, and state; and

WHEREAS, the Dixons donated land to be used for a schoolhouse for black children in the community, which housed grades one through six and was called the Dixon Grove School and later became known as the Mt. Zion Colored School; and

WHEREAS, thanks to the selfless actions of the Dixons, many children in their community were able to get a quality education in a safe and nurturing environment; 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.

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GENERAL ACTS AND RESOLUTIONS, VOL. I PART XVII

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

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 XVIII

WHEREAS, Mr. Fred Taylor 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. Taylor grew up on a farm, played on a state champion high school basketball team, and served as student body president of his class at South Georgia College; and

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WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Air Force, valiantly and courageously protecting his fellow Americans during the Korean War as a sergeant; and

WHEREAS, a fearless entrepreneur, Mr. Taylor started his first business with $95 in Ocilla, Georgia, and went on to found Georgia Mack Sales, now Transpower, Inc., and Interstate Warehouse Services of Albany and Thomasville and served as owner of Chokee Plantation in Lee County; and

WHEREAS, his leadership and vision were instrumental to numerous organizations, including the Albany Chamber of Commerce, City of Albany Aviation Commission, Georgia Chamber of Commerce, Board of Directors for SunTrust Bank of Southeast Georgia, and Georgia Motor Trucking Association; and

WHEREAS, Mr. Taylor served as chief of staff to Governor George Busbee from 1974 to 1982 and was instrumental in the passage of Constitutional Amendment #2 which allowed Governor Busbee to be the first Georgia governor to seek and win a second consecutive term of office; and

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

PART XIX

WHEREAS, James Herbert "Herb" Butler was long 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, he was united in love and marriage to his wife, Carolyn, and blessed with three wonderful children, Sheridan, Meridith, and Jim; ten incredible grandchildren, Shauna, Austin, Candace, Caroline, Daniel, Jackie, Shannon, Kim, Jamie, and Aly; and six extraordinary great-grandchildren, Judah, Sadie, Charlie, Jake, Etta, and Aubrey; and

WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service with the United Auto Workers Union; and

WHEREAS, Herb helped to reshape relationships between labor and management; assisted local union-management negotiations; dealt with appeal level grievances; and acted as a middleman between union headquarters in Detroit and the Southern unions which his office represented; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, this distinguished gentleman gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and he possessed the vast wisdom which only comes through experience and the strength of character which is achieved through overcoming the many challenges of life; and

WHEREAS, Herb served with honor and distinction on the Advisory Council for the Department of Labor for over 35 years; on the Georgia Board of Natural Resources as secretary, vice chairman, and chairman; and as the Georgia Area Director of the United Auto Workers Union; and

WHEREAS, he served on the Governor's Employment and Training Council and as a delegate to the state convention several times; received numerous awards and accolades, including the Histadrut Labor Award; and was instrumental in the establishment of the Labor Studies Program and the Labor Archives at Georgia State University; and

WHEREAS, Herb retired at the end of June, 1990, and his vision and unyielding commitment to the State of Georgia set the standard for public service and are sorely missed today; and

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

PART XX

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over New Ford Creek on Highway 79 in Lincoln County is dedicated as the Willie Thomas Murray Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Nashville Tifton Highway/State Route 125 between the Virgil T. Barber Bridge and the City of Nashville in Berrien County is dedicated as the Lieutenant Hugh L. Moore Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 9 between Peachtree Battle Avenue and the Amtrak Peachtree Station in Fulton County is dedicated as the J. Harold Shepherd Parkway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 11 at the Barrow/Walton County line is dedicated as the Horace L. Dunahoo Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 20 from Haw Creek Parkway/Nuckolls Road to Samples Road in Forsyth County is dedicated as the Sergeant David P. Land Memorial Highway.

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BE IT FURTHER RESOLVED AND ENACTED that U.S. Highway 27 through Stewart, Randolph, Clay, and Early counties is dedicated as the Purple Heart Highway.

BE IT FURTHER RESOLVED AND ENACTED that the interchange at Interstate 85 and Indian Trail Road in Gwinnett County is dedicated as the Jesse C. Long Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 36 over the Flint River in Upson County is dedicated as the Carey Ellerbee Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that this body hereby joins in honoring United States military veterans and dedicates the interchange at Interstate 20 and Exit 78/Sigman Road in Rockdale County as the Walk of Heroes/Veterans Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of McFarland Road and Jenkins Road in Walker County is dedicated as the Jasper W. "JW" Dodd, Jr., Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of Happy Valley Road and Battlefield Parkway in Walker County is dedicated as the Ben Napier Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of Highway 193 and Happy Valley Road in Walker County is dedicated as the William Calvert "Coach" Sandberg Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on McDonough Road at the Norfolk Southern Railroad in Clayton County is dedicated as the Annie Lois Freeman Souder Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 41 at the Marion/Talbot County line is dedicated as the David M. Anthony Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on McDonough Road at Hurricane Creek in Clayton County is dedicated as the Carl Genius Souder Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 138 from Mount Zion Road to the Clayton/Henry County line is dedicated as the Jackson and Queen Mary Dixon Memorial Highway.

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BE IT FURTHER RESOLVED AND ENACTED that the portion of SR 154 from Haynes Street to Trinity Avenue/Central Avenue in Fulton County is dedicated as the Samuel L. and LaTanya Jackson Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 32 over the Flint River in Lee County is dedicated as the Fred Taylor Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Interstate 285 over Buford Highway in DeKalb County is dedicated as the Herb Butler Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of South Fulton Parkway located in Fulton County is dedicated as the Georgia Aerotropolis Corridor.

BE IT FURTHER RESOLVED AND ENACTED that a resolution dedicating certain portions of the state highway system as approved on May 3, 2016 (Ga. L. 2016, p. 698), is amended by repealing the second undesignated paragraph of Part XXXVII relating to the dedication of the Sergeant David Paul "Bubba" Land Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that a resolution dedicating certain portions of the state highway system as approved on May 9, 2017 (Ga. L. 2017, p. 825), is amended by repealing the third undesignated paragraph of Part XIX relating to the dedication of the Samuel L. and LaTanya Jackson 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 Department of Transportation is authorized to correct any errors in the spelling of names included in this resolution without further action from the General Assembly.

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; to Mr. James Harold Shepherd, Mr. Jesse C. Long, and Samuel L. and LaTanya Richardson Jackson; and to the families of Mr. Willie Thomas Murray; Lieutenant Hugh L. Moore; Mr. Horace L. Dunahoo; Sergeant David P. Land; Mr. Carey Ellerbee; Mr. Jasper W. "JW" Dodd, Jr.; Mr. Ben Napier; Mr. William Calvert "Coach" Sandberg; Mrs. Annie Lois Freeman Souder; Mr. David M. Anthony; Mr. Carl Genius Souder; Jackson and Queen Mary Dixon; Mr. Fred Taylor; and Mr. Herb Butler.

Approved May 8, 2018.

GEORGIA LAWS 2018 SESSION
GENERAL ASSEMBLY JOINT STUDY COMMITTEE ON THE ESTABLISHMENT OF A STATE ACCREDITATION PROCESS; CREATION.

1019

No. 540 (House Resolution No. 898).

A RESOLUTION

Creating the Joint Study Committee on the Establishment of a State Accreditation Process; and for other purposes.

WHEREAS, the majority of primary and secondary public schools and local school systems in Georgia seek accreditation through a private organization; and

WHEREAS, there is no state government entity in Georgia that accredits primary and secondary public schools or local school systems; and

WHEREAS, some states provide for state accreditation of their public schools and school systems; and

WHEREAS, it would be beneficial to undertake a study regarding the potential establishment of a state accreditation process for public schools and school systems in this state, including:
(1) The resources and structure that would be necessary, any impediments that would need to be addressed, and the interaction with existing private accreditation agencies; (2) An analysis of aligning accreditation review with charter or contract renewal for charter systems and strategic waivers school systems, respectively; (3) The possible establishment of a state process for the annual review of system charters and contracts, including student academic achievement, local board governance, and financial management; (4) Possible consequences of losing state accreditation that could be utilized, such as removal of local board of education members and loss of system charter or contract; and (5) The possibility of establishing a school board review commission.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
(1) Creation of joint study committee. There is created the Joint Study Committee on the Establishment of a State Accreditation Process. (2) Members and officers. The committee shall be composed of the following members:

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(A) Three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, who shall designate one of such members as cochairperson; (B) Three members of the Senate to be appointed by the President of the Senate, who shall designate one of such members as cochairperson; (C) The State School Superintendent or his or her designee; (D) The chairperson of the State Board of Education or his or her designee; (E) The director of the State Charter Schools Commission or his or her designee; (F) The director of the Office of Student Achievement or his or her designee; (G) The chancellor of the University System of Georgia or his or her designee; and (H) The following members appointed by the Governor:
(i) A local board of education member; (ii) A local school superintendent; (iii) A principal; (iv) A teacher; and (v) A parent. (3) Powers and duties. The committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. (4) Meetings. The cochairpersons shall call all meetings of the committee. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. (5) Allowances, expenses, and funding. (A) The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. (B) Members of the committee who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the committee, but they may 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. (C) Members of the committee who are not legislators, state officials, or state employees shall receive a daily expense allowance in an amount the same as that specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated, as well as the mileage or transportation allowance authorized for state employees. (D) The allowances and expenses authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. Funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives and Senate; except that funds for the reimbursement of the expenses of state officials, other than legislative members,

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and state employees shall come from funds appropriated to or otherwise available to their respective agencies. (6) Report. (A) In the event the committee adopts any specific findings or recommendations that include suggestions for proposed legislation, the cochairpersons shall file a report of the same prior to the date of abolishment specified in this resolution, subject to subparagraph (C) of this paragraph. (B) In the event the committee adopts a report that does not include suggestions for proposed legislation, the cochairpersons shall file the report, subject to subparagraph (C) of this paragraph. (C) No report shall be filed unless the same has been approved prior to the date of abolishment specified in this resolution by majority vote of a quorum of the committee. A report so approved shall be signed by the cochairpersons of the committee and filed with the Clerk of the House of Representatives and the Secretary of the Senate. (D) In the absence of an approved report, the cochairpersons may file with the Clerk of the House of Representatives and the Secretary of the Senate copies of the minutes of the meetings of the committee in lieu thereof. (7) Abolishment. The committee shall stand abolished on December 1, 2018.

Approved May 8, 2018.

__________

STATE PROPERTY GRANTING OF EASEMENTS.

No. 541 (House Resolution No. 1090).

A RESOLUTION

Authorizing the change of use of certain property located in Jeff Davis County currently dedicated as a heritage preserve and authorizing the granting of a revocable license agreement and a nonexclusive easement for the construction, operation, and maintenance of facilities and ingress and egress in, on, over, under, upon, across, or through certain state owned real property located in Jeff Davis County; authorizing the change of use of certain property located in Crisp County currently dedicated as a heritage preserve and authorizing the granting of a revocable license agreement and a nonexclusive easement for the construction, operation, and maintenance of facilities and ingress and egress in, on, over, under, upon, across, or through certain state owned real property located in Crisp County; to provide an effective date; to repeal conflicting laws; and for other purposes.

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WHEREAS, the State of Georgia is the owner of a certain parce1 of real property located in Jeff Davis County; and

WHEREAS, the Department of Natural Resources has requested a change of use to the property located in Jeff Davis County dedicated as a heritage preserve at the request of the Georgia Department of Transportation, and such request was approved by the Board of Natural Resources on December 6, 2017; and

WHEREAS, the Georgia Department of Transportation desires to construct, operate, and maintain facilities and ingress and egress in, on, over, under, upon, across, or through a portion of said property located in Jeff Davis County; and

WHEREAS, the construction, operation, and maintenance of such facilities and the ingress and egress in, on, over, under, upon, across, or through the above-described state property have been approved by the Board of Natural Resources; and

WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in Crisp County; and

WHEREAS, the Department of Natural Resources has requested a change of use to the property located in Crisp County dedicated as a heritage preserve at the request of the Georgia Department of Transportation, and such request was approved by the Board of Natural Resources on December 6, 2017; and

WHEREAS, the Georgia Department of Transportation desires to construct, operate, and maintain facilities and ingress and egress in, on, over, under, upon, across, or through a portion of said property located in Crisp County; and

WHEREAS, the construction, operation, and maintenance of such facilities and the ingress and egress in, on, over, under, upon, across, or through the above-described state property have been approved by the Board of Natural Resources.

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

PART ONE SECTION 1-1.

That the State of Georgia is the owner of the hereinafter described real property in Jeff Davis County, that the property is in the custody of the Department of Natural Resources, which supports the change to the use of approximately 3.956 acres of the heritage preserve

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dedicated area, and that in all matters related to the change of use, the State of Georgia is acting by and through the Department of Natural Resources. Said area is located in Jeff Davis County and is more particularly described as follows:
"Those approximately 3.956 acres in Bullard Creek Wildlife Management Area in Jeff Davis County dedicated as a Heritage Preserve by Executive Order of Governor Zell Miller on July 8, 1996. A map of the Heritage Preserve area is attached to the Executive Order as Exhibit A and is on file in the office of the State Properties Commission."

SECTION 1-2. That the resolution adopted at the December 6, 2017, meeting of the Board of Natural Resources recommended to change the use of the above-described area to allow the grant of a revocable license agreement and an easement to the Georgia Department of Transportation for the widening of State Route 135/US Route 221 and for the replacement of the bridge across the Altamaha River.

SECTION 1-3. That the widening of State Route 135/US Route 221 and the replacement of the bridge across the Altamaha River for improved transportation and safety is in the public interest and that the recommendation of the Board of Natural Resources to change the use of the approximately 3.956 acres of the heritage preserve dedicated area to allow the grant of a revocable license agreement and an easement to the Georgia Department of Transportation for the purpose of widening State Route 135/US Route 221 and replacing the bridge across the Altamaha River is approved.

SECTION 1-4. That the Department of Natural Resources shall file with the Secretary of State and the Office of the Clerk of the Superior Court of Jeff Davis County a notice of the removal of the heritage preserve dedication over the above-described area.

SECTION 1-5. That custody of the above-described property shall remain in the Department of Natural Resources.

PART TWO SECTION 2-1.

That the State of Georgia is the owner of the above-described easement area, that the property is in the custody of its Department of Natural Resources, which does not object to the granting of this revocable license agreement and nonexclusive easement of approximately 3.956 acres, and that, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

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SECTION 2-2. That, in accordance with the change of use of the above-described easement area, the State of Georgia acting by and through its State Properties Commission is authorized to grant to the Georgia Department of Transportation, or its successors and assigns, a revocable license agreement and nonexclusive easement for the construction, operation, and maintenance of a traffic safety improvement in, on, over, under, upon, across, or through the easement area for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a traffic safety improvement together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purpose.

SECTION 2-3. That the easement area shall be used by the Georgia Department of Transportation solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said traffic safety improvement.

SECTION 2-4. That the Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of said traffic safety improvement.

SECTION 2-5. That, after the Department of Transportation has put into use the traffic safety improvement for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the easement area shall become the property of the State of Georgia, or its successors and assigns.

SECTION 2-6. That no title shall be conveyed to the Department of Transportation and, except as herein specifically granted to the Department of Transportation, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Department of Transportation.

SECTION 2-7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or

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relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the Department of Transportation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement from the State of Georgia unless, in advance of any construction being commenced, the Department of Transportation provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed 20 percent of the amount of such written estimate. Upon written request from the grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area without further approval by the General Assembly.

SECTION 2-8. That the easement granted to the Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem to be in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 2-9. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes and regulations in its use of the easement area.

SECTION 2-10. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

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SECTION 2-11. That this grant of easement shall be recorded by the grantee in the Superior Court of Jeff Davis County, and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 2-12. That the authorization in this resolution to grant the above-described revocable license agreement and nonexclusive easement to the Department of Transportation shall expire three years after the date that this resolution becomes effective.

SECTION 2-13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

PART THREE SECTION 3-1.

That the State of Georgia is the owner of the hereinafter described real property in Crisp County, that the property is in the custody of the Department of Natural Resources, which supports the change to the use of approximately 5 acres of the heritage preserve dedicated area, and that in all matters related to the change of use, the State of Georgia is acting by and through the Department of Natural Resources. Said area is located in Crisp County and is more particularly described as follows:
"Those approximately 5 acres at Georgia Veterans Memorial State Park in Crisp County dedicated as a Heritage Preserve by Executive Order of Governor Zell Miller on July 8, 1996. A map of the Heritage Preserve is attached to the Executive Order as Exhibit A and is on file in the office of the State Properties Commission."

SECTION 3-2. That the resolution adopted at the December 6, 2017, meeting of the Board of Natural Resources recommended to change the use of the above-described area to allow the grant of a revocable license agreement and an easement to the Georgia Department of Transportation for the widening of State Route 30/US Route 280.

SECTION 3-3. That the widening of State Route 30/US Route 280 for improved transportation and safety is in the public interest and that the recommendation of the Board of Natural Resources to change the use of the approximately 5 acres of the heritage preserve dedicated area to allow the grant of a revocable license agreement and an easement to the Georgia Department of Transportation for the purpose of widening State Route 30/US Route 280 is approved.

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SECTION 3-4. That the Department of Natural Resources shall file with the Secretary of State and the Office of the Clerk of the Superior Court of Crisp County a notice of the removal of the heritage preserve dedication over the above-described area.

SECTION 3-5. That custody of the above-described property shall remain in the Department of Natural Resources.

PART FOUR SECTION 4-1.

That the State of Georgia is the owner of the above-described easement area, that the property is in the custody of its Department of Natural Resources, which does not object to the granting of this revocable license agreement and nonexclusive easement of approximately 5 acres, and that, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 4-2. That, in accordance with the change of use of the above-described easement area, the State of Georgia acting by and through its State Properties Commission is authorized to grant to the Georgia Department of Transportation, or its successors and assigns, a revocable license agreement and nonexclusive easement for the construction, operation, and maintenance of a traffic safety improvement in, on, over, under, upon, across, or through the easement area for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a traffic safety improvement together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purpose.

SECTION 4-3. That the easement area shall be used by the Georgia Department of Transportation solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said traffic safety improvement.

SECTION 4-4. That the Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of said traffic safety improvement.

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SECTION 4-5. That, after the Department of Transportation has put into use the traffic safety improvement for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the easement area shall become the property of the State of Georgia, or its successors and assigns.

SECTION 4-6. That no title shall be conveyed to the Department of Transportation and, except as herein specifically granted to the Department of Transportation, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Department of Transportation.

SECTION 4-7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the Department of Transportation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement from the State of Georgia unless, in advance of any construction being commenced, the Department of Transportation provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed 20 percent of the amount of such written estimate. Upon written request from the grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area without further approval by the General Assembly.

SECTION 4-8. That the easement granted to the Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem

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to be in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 4-9. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes and regulations in its use of the easement area.

SECTION 4-10. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

SECTION 4-11. That this grant of easement shall be recorded by the grantee in the Superior Court of Crisp County, and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 4-12. That the authorization in this resolution to grant the above-described revocable license agreement and nonexclusive easement to the Department of Transportation shall expire three years after the date that this resolution becomes effective.

SECTION 4-13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

PART FIVE SECTION 5-1.

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

SECTION 5-2. That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 8, 2018.

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CLOSURE OF CERTAIN PORTIONS OF CAPITOL SQUARE.

No. 542 (Senate Resolution No. 537).

A RESOLUTION

Providing for the closure of certain City of Atlanta property to unauthorized vehicular traffic; and for other purposes.

WHEREAS, on Thursday, March 23, 2017, Khalid Masood committed an act of terror on and around the premises of the United Kingdom's Parliament, killing four people and injuring more than 50 primarily through the use of a vehicular attack on pedestrians; and

WHEREAS, the portion of Mitchell Street in Capitol Square serves as the main corridor between the Georgia State Capitol and the Coverdell Legislative Office Building and Judicial Building, where there is a consistent presence and high volume of pedestrian traffic, especially during the legislative session; and

WHEREAS, such location being open to vehicular traffic presents a dangerous opportunity for an act of terrorism; and

WHEREAS, a 2005 Homeland Security report listed 39 safety changes that could be implemented by the Georgia Building Authority in Capitol Square, and the number one priority in the report was the closure of Mitchell Street within the Square to vehicular traffic; and

WHEREAS, the Georgia Building Authority has implemented 36 of the 39 recommended actions contained in such report in order to improve safety in Capitol Square, with the remaining three recommendations pertaining to the closure of Mitchell Street to vehicular traffic; and

WHEREAS, a 2016 Homeland Security report again listed the closure of the portion of Mitchell Street within Capitol Square to vehicular traffic as the number one safety priority; and

WHEREAS, in 1953 the Georgia General Assembly passed SB 165, which designated the streets around the Capitol building as Capitol Square and gave full control to the state over such areas with the intention of closing the portion of Mitchell Street within the area to vehicular traffic; and

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WHEREAS, the only reason such portion of Mitchell Street was not closed at the time was to help mitigate projected traffic conditions due to construction of a major interstate; and

WHEREAS, it is imperative for the safety of visitors to Capitol Square and its numerous employees that the portion of Mitchell Street within the square be closed to all unauthorized vehicular traffic.

BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY that the City of Atlanta property consisting of that portion of Mitchell Street between Washington Street and Capitol Avenue shall be closed to unauthorized vehicular traffic.

Approved May 8, 2018.

__________

"RUNAWAY NEGRO CREEK" RENAME AS "FREEDOM CREEK".

No. 543 (Senate Resolution No. 685).

A RESOLUTION

Renaming the bed of tidewater on the Georgia coast known as "Runaway Negro Creek" to "Freedom Creek"; and for other purposes.

WHEREAS, there is a bed of tidewater on the Georgia coast at latitude 31.9766030 and longitude -81.0462222 known as "Runaway Negro Creek" as recorded by the United States Board of Geographic Names; and

WHEREAS, the United States Board of Geographic Names is a federal body created in 1890 and recreated by the United States Congress in 1947, pursuant to Public Law 80-242, to establish and maintain uniform usage of geographic names throughout the federal government and serves the public as a central authority for the recording of geographic names; and

WHEREAS, as reflected in Code Section 52-1-2 of the Official Code of Georgia Annotated, the General Assembly finds and declares that the State of Georgia became the owner of the beds of all tidewaters within the jurisdiction of the State of Georgia as successor to the Crown of England and by the common law; and

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WHEREAS, as reflected in Code Section 52-1-2 of the Official Code of Georgia Annotated, the General Assembly finds and declares that the State of Georgia continues to hold title to the beds of all tidewaters within the state; and

WHEREAS, pursuant to the State of Georgia's title to the beds of all tidewaters within this state and pursuant to Code Section 52-1-3 of the Official Code of Georgia Annotated, Georgia law provides that "tidewaters" means the sea and all rivers and arms of the sea that are affected by the tide, where the tide rises and falls, which are capable of use for fishing, passage, navigation, commerce, or transportation, and which are located within the jurisdiction of the State of Georgia; and

WHEREAS, the tide of the Atlantic Ocean meets Wilmington River, and such tide of Wilmington River meets Skidaway River, and such tide of Skidaway River meets such creek; and

WHEREAS, the tide of the Atlantic Ocean meets Little Ogeechee River, and such tide of Little Ogeechee River meets Vernon River, and such tide of Vernon River meets Moon River, and such tide of Moon River meets Skidaway River, and such tide of Skidaway River meets such creek; and

WHEREAS, such creek, which runs along the edge of Skidaway Island State Park, is a bed of tidewater located within the jurisdiction of the State of Georgia and to which the State of Georgia holds title; and

WHEREAS, intentional or not, the current name of such creek serves to cast, edify, and perpetuate a posture of criminality upon the men and women who pursued the inalienable right to life, liberty, and the pursuit of happiness; and

WHEREAS, the Division of Archives and History of the University System of Georgia is the Names Authority for this state, which the United States Board of Geographic Names relies upon for advice for the recording of geographic names in this state; and

WHEREAS, the name of such creek should be changed to reflect this state's commitment to freedom and the inalienable rights of the men and women who pursue it.

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the entire length of the bed of tidewater on the Georgia coast at latitude 31.9766030 and longitude -81.0462222, a portion of which runs along the edge of Skidaway Island State Park, shall be renamed and known as "Freedom Creek."

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BE IT FURTHER RESOLVED that the Division of Archives and History of the University System of Georgia, as this state's Names Authority to the United States Board of Geographic Names, shall notify the United States Board of Geographic Names of this action and advise the United States Board of Geographic Names accordingly.

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 Division of Archives and History of the University System of Georgia and the United States Board of Geographic Names.

Approved May 8, 2018.

__________

STATE HIGHWAY SYSTEM PORTIONS DEDICATED.

No. 544 (Senate Resolution No. 745).

A RESOLUTION

Dedicating certain portions of the state highway system; repealing a portion of a resolution dedicating certain portions of the state highway system as approved on May 9, 2017 (Ga. L. 2017, p. 825); and for other purposes.

PART I

WHEREAS, Robert H. "Bob" Bell honorably served this state as a member of the Georgia General Assembly from 1969 through 1982, serving four years in the House of Representatives and ten years in the Senate; and

WHEREAS, for his service in the General Assembly, he was honored by the Atlanta Journal-Constitution Magazine as one of Georgia's Ten Best Legislators in 1980 and by the National Conference of State Legislatures as one of the nation's Ten Outstanding Legislators in 1981; and

WHEREAS, he has been recognized with numerous honors and accolades, including the Georgia Municipal Association Award for outstanding service to Georgia citizens, the Association of the United States Army award for exceptional service in support of national defense, the Friend of the Children award of the Council for Children for his work in juvenile justice reform, and the Red Cross award for outstanding legislative contributions and was

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cited by the National Rifle Association and the Georgia Wildlife Association for his legislative service; and

WHEREAS, his leadership and guidance were instrumental as chairman of the Republican Party of Georgia, and he was the Republican Party nominee for Governor in 1982; and

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

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating interchanges in his honor.

PART II

WHEREAS, Honorable William "Bill" Jones serves as CEO of Jones Petroleum and JP Capital & Insurance, Inc.; and

WHEREAS, a native of Jackson, Georgia, Mr. Jones earned bachelor's and master's degrees from the University of Georgia and an L.L.B. degree from Atlanta Law School; and

WHEREAS, he founded Jones Petroleum in 1968 with the purchase of a single convenience store and through dedication and sacrifice built a diversified company with over 500 employees; and

WHEREAS, Mr. Jones served four terms in the Georgia General Assembly and is the youngest professional in Georgia history to serve as Superintendent of Schools in Butts County; and

WHEREAS, his leadership and guidance were instrumental as chairman of the Butts County Water & Sewage Department and the Industrial Development Authority of Butts County as well as numerous organizations, including the Georgia Oilman's Association, Georgia Food Industry Association, C&S National Bank, Gordon State College Foundation, Partners for Smart Growth, National Senatorial Committee, Convenient Stores Association of Georgia, and the Piedmont and Georgia Cattleman's Associations; and

WHEREAS, Mr. Jones has been recognized with numerous honors and accolades, including the 2012 Butts County Chamber of Commerce Hall of Fame Award and the 2013 University of Georgia Graduate School Alumni of Distinction Award; 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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WHEREAS, Mr. A. Frank Williams has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his 44 years of superlative service with the City of Hephzibah Commission; and

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

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

WHEREAS, Mr. Williams served with honor and distinction with the City of Hephzibah Commission, and his vision and unyielding commitment set the standard for public service; 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 IV

WHEREAS, Attorney General Thurbert Baker served as attorney general for the State of Georgia for 13 years under three different Governors; and

WHEREAS, he earned a bachelor's degree from the University of North Carolina at Chapel Hill and a law degree from Emory University; and

WHEREAS, Attorney General Baker began his career in politics with the Georgia General Assembly, spending eight years in the House of Representatives, where he served as the House Floor Leader for Governor Zell Miller and was instrumental in shepherding the passage of legislation establishing the HOPE scholarship program; and

WHEREAS, Attorney General Baker has been consistently selected as one of the "100 Most Influential Georgians" by Georgia Trend magazine; and

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WHEREAS, in 2009, he received the first annual Barack Obama Political Leadership award from the National Bar Association, and he was recently selected by Men Looking Ahead magazine as its Man of the Year; and

WHEREAS, his leadership and guidance have been instrumental to numerous organizations, including the National Association of Attorneys General, the American Bar Association's House of Delegates, the Democratic Attorneys General Association, and the Republican Attorneys General Association; and

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

PART V

WHEREAS, Mr. Troy Simpson was born in Habersham County, Georgia, on August 5, 1933, and was a lifelong resident of the community; and

WHEREAS, a man of deep and abiding faith, Mr. Simpson was a devoted member of Hazel Creek Baptist Church and served as a Habersham County Rotarian; and

WHEREAS, Mr. Simpson sacrificed his own safety and comfort to protect and serve this nation in the United States Army and began a career in the automobile industry upon returning home from defending our nation; and

WHEREAS, Mr. Simpson dedicated himself to public service for more than 20 years, including service as a Habersham County Commissioner; and

WHEREAS, Mr. Simpson served with honor and distinction on the State Transportation Board from 1969 until 1982, which included a term as chairman; and

WHEREAS, during his service on the State Transportation Board, Mr. Simpson was instrumental in the development of one of the most prominent roadway projects in Georgia with the completion of State Route 365; 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 VI

WHEREAS, Mr. Horace Fitzpatrick was born on January 18, 1930, the beloved son of Ernest Obediah Fitzpatrick and Chester Bonnie White and youngest of 13 children; and

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WHEREAS, a graduate of Ila High School in 1947 where he served as class president, Mr. Fitzpatrick earned his bachelor's degree, master's degree, and specialist degree from the University of Georgia; and

WHEREAS, he dedicated 16 years to inspiring the future leaders of this state as an educator in White County, where he instilled in his pupils his core values, morals, and respect for others and how to become a valuable and contributing member of society; and

WHEREAS, a hero to many of his students, Mr. Fitzpatrick was elected to serve as White County Superintendent of Schools in 1968 and served in this position for 12 years; and

WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of education for all Georgians as further evidenced by his ten years of service with the Department of Education; and

WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an intersection in his honor.

PART VII

WHEREAS, Mr. Rudy Bowen was born in Atlanta, Georgia, and attended Dawson County High School as well as the University of Georgia; and

WHEREAS, a former lumber salesman, Mr. Bowen founded Bowen Family Homes in 1969 when he built a new home in Gwinnett County; and

WHEREAS, over the next five years, Mr. Bowen constructed an average of 50 homes a year and, in 1985, the company began its own land development efforts, which allowed the company to avoid third-party costs; and

WHEREAS, to this day, Bowen Family Homes constructs entire communities and provides customers with a total home buying experience; and

WHEREAS, Bowen Family Homes was the fourth largest in metro Atlanta with 59 homes closed, according to the 2009-2010 Atlanta Business Chronicle Book of Lists, and it generated $165 million in revenue in 2008 with 30 full-time employees; and

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WHEREAS, Bowen Family Homes was recognized as the 25th largest privately owned builder in the country by Builder Magazine for 2005 and in 2007 and was named Georgia Family Business of the Year among medium sized companies by Georgia Trend and the Cox Family Enterprise Center at Kennesaw State University; and

WHEREAS, The Atlanta Business Chronicle ranked Bowen Family Homes fifth among metro Atlanta builders in 2007 and 40th among Atlanta's Top Private Companies for 2007; and

WHEREAS, Bowen Family Homes was ranked 83rd on the 2007 Professional Builder Giant 400 largest homebuilders in the United States list; and

WHEREAS, Mr. Bowen has been happily married to his wife, Jean, for 56 years; is the father of Allison, Beth, and David; and has eight wonderful grandchildren; and

WHEREAS, he has performed many unspoken acts of stewardship on behalf of the Gwinnett County community and the State of Georgia and made donations to Children's Healthcare of Atlanta and Gwinnett Children's Center; and

WHEREAS, Bowen Family Homes helped build a hospice for the children in Gwinnett, donated to the American Red Cross after Hurricane Katrina, and participated in several other civic projects and causes; and

WHEREAS, Mr. Bowen has served diligently on the Department of Transportation Board since 2007, representing the 7th Congressional District, and he previously served as chairman; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating a road in his honor.

PART VIII

WHEREAS, Mr. John D. Stephens may be best known for his long and accomplished career in construction, real estate, banking, and waste management, but he has also made his mark on the civic community of the Atlanta region; and

WHEREAS, in 2000, a lifetime in the contracting business led Mr. Stephens to take on what may be his legacy project - the construction of the fifth runway of the world's busiest airport at Hartsfield-Jackson International Airport; and

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WHEREAS, needing 17 million cubic yards of fill to build up the runway, he and his three sons, Mike, Mark, and Mitch, formed Stephens MDS LP and acquired 485 acres of property adjacent to the airport; and

WHEREAS, to complete this mammoth project, the company built a four-mile overland conveyor system that crossed streams and interstate highways and, over a two-year period, moved enough dirt and rock to fill the Georgia Dome six times; and

WHEREAS, the conveyor system was reliable and cost efficient and hailed for limiting the project's impact on the environment; and

WHEREAS, as that project neared completion, Mr. Stephens recognized that the residential and commercial development trends in the region would produce a demand for a sustainable waste management facility, so he opened a construction and demolition disposal facility on the very land from which he borrowed fill for the runway project; and

WHEREAS, by 2005, Mr. Stephens had organized Stephens Rock and Dirt, Inc., an on-site recycling operation that accepts soil, concrete, and other inert materials which are processed and resold as raw materials, thereby preserving precious landfill space; and

WHEREAS, Stephens MDS continues to provide dirt and aggregate rock fill to the City of Atlanta for ongoing construction at the world's busiest airport, Hartsfield-Jackson International Airport; and

WHEREAS, his leadership and guidance have been instrumental to numerous organizations, including on the Board of Trustees of Georgia Gwinnett College, the Board of Directors of the Gwinnett County Chamber of Commerce, the Georgia Utility Contractors Association, and the Georgia Board of Industry, Trade, and Tourism; and

WHEREAS, he has been recognized with numerous honors and accolades, including the Citizen of the Year Award in 2006, the Gwinnett Clean and Beautiful Environmental Legacy Award in 2007, and the naming of the Gwinnett County Chamber of Commerce's Education Center in his honor; and

WHEREAS, Mr. Stephens and his wife, Beverly, reside in Snellville, Georgia, where they enjoy their five children and nine grandchildren and are active supporters of many charitable causes, including the American Heart Association, American Cancer Society, Boy Scouts of America, Hi-Hope Service Center in Lawrenceville, and Gwinnett Children's Shelter; 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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WHEREAS, Mr. Virgil R. Williams graduated from the Georgia Institute of Technology in 1963 and as a senior, developed a 40 home subdivision, a gas station, and 12 unit apartment project in his native Atlanta; and

WHEREAS, upon graduation, he became president of Williams Contracting, a company that has made its mark in industrial contracting, environmental services, civil and industrial engineering, construction services, and real estate; and

WHEREAS, Mr. Williams conceived the "Williams Plan," which showed companies how to save millions of dollars in maintenance costs and reinvented service in the heavy and complicated manufacturing and utility industries; and

WHEREAS, in the early 1980s, he purchased a small group of banks in the Atlanta area and convinced Kroger supermarkets to allow him to open branches in their Georgia stores; and

WHEREAS, this innovation changed the face of modern banking, with Mr. Williams utilizing this idea nationwide in the form of International Banking Technologies; his financial institutions eventually became part of Bank of America, one of the largest banks in the United States; and

WHEREAS, Mr. Williams was a member of the Bank of America Board of Directors, where he served on the Executive Committee and the Compensation Committee and chaired the Governance Committee until his retirement; and

WHEREAS, he served as Governor Zell Miller's chief of staff from 1991 to 1995, where he chaired a monumental study on effectiveness and economy in government; during his tenure in state government, Mr. Williams also served on the Georgia Board of Regents and assisted in other activities for Governor Miller; and

WHEREAS, Mr. Williams has served on the Board of Trustees at Young Harris College, the Board of Councilors of the Carter Center, and serves on the Board of the Savannah College of Art and Design; he is also a past director of the Georgia Chamber of Commerce and past executive committee member of the Metro Atlanta Chamber of Commerce; and he continues to serve as a director of the Gwinnett County Chamber of Commerce; and

WHEREAS, in 1994, he was recognized as a Distinguished Alumni by both the Georgia Institute of Technology School of Engineering and the School of Industrial Systems Engineering, and in 2005, became the managing member of LLI Management Company,

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LLC, a resort enterprise of the Virgil R. Williams Family, which owns the long-term leasehold interests in Lake Lanier Islands Resort; 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 X

WHEREAS, United States Army Captain Corry Paul Tyler was born on December 12, 1977, in Atlanta, Georgia, and graduated from Camden County High School in 1995; and

WHEREAS, he earned a bachelor's degree from the United States Military Academy at West Point and was commissioned as a Second Lieutenant in the Army Aviation after graduation; and

WHEREAS, Captain Tyler served as a guardian of this nation's freedom and liberty with three tours in Iraq in 2003, 2006, and 2007; and

WHEREAS, on August 22, 2007, while deployed in Multaka, Iraq, Captain Tyler, along with 13 others, made the ultimate sacrifice when their Black Hawk helicopter crashed during a nighttime mission; and

WHEREAS, Captain Tyler's service was recognized with numerous decorations including two Bronze Stars, three Army Commendation medals, two National Defense Service medals, the Air Medal, Valorous Unit Award, Iraq Campaign Medal, Global War on Terrorism Expeditionary Medal, Global War on Terror Service Medal, Army Service Ribbon, Overseas Service Ribbon, Air Assault Badge, and Army Aviator Badge; and

WHEREAS, Captain Tyler 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 interchange in his memory.

PART XI

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. Walter James Gaskins was born on June 27, 1922, a lifelong resident of Berrien County, Georgia; and

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WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Navy, valiantly and courageously defending America during World War II from 1940 to 1946; and

WHEREAS, Mr. Gaskins served on the USS Arizona and survived the attack on Pearl Harbor; 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, Mr. Gaskins embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of this remarkable and distinguished American be honored appropriately by dedicating a road in his memory.

PART XII

WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Polk County Police Detective Kristen Snead Hearne on September 29, 2017; and

WHEREAS, Detective Hearne was born in Summerville, Georgia, on November 15, 1987, the beloved daughter of Sidney Snead and Trish Snead Brewer; and

WHEREAS, a graduate of Rockmart High School, Detective Hearne began her career in law enforcement in 2008 at the Floyd County jail; and

WHEREAS, in 2010, Detective Hearne became a deputy sheriff with the Floyd County Sheriff's Department, and in 2012, she returned to Polk County to work patrol with the Polk County Police Department; and

WHEREAS, she worked as an investigator with the Polk County Police Department from 2013 to 2017; and

WHEREAS, Detective Hearne's life was tragically cut short when she and another officer were ambushed by gunfire from two suspects upon responding to a call involving a suspected stolen vehicle; and

WHEREAS, Detective Hearne was united in love and marriage to her husband, Matt Hearne, and was blessed with a remarkable son, Isaac; and

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WHEREAS, a compassionate and generous woman, Detective Hearne will long be remembered for her love of family and friendship, and this loyal wife, daughter, mother, and friend will be missed by all who had the great fortune of knowing her; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in her memory.

PART XIII

WHEREAS, Mr. Hoyt Dean "Dink" McCoy was a lifelong resident of Banks County, Georgia, where he was known by many as the mayor emeritus of Bushville; and

WHEREAS, Mr. McCoy was the owner of McCoy Grading Company and was a passionate fan of NASCAR; and

WHEREAS, a man of deep and abiding faith, Mr. McCoy was an active member of Webbs Creek Baptist Church; and

WHEREAS, he was a loving and devoted father to his daughters, Marsha, Chris, and Kim, who blessed him with four grandchildren and five great-grandchildren; and he was a supportive brother to his sisters, Jean, Nan, Mary, Jimmie, and Sid; and

WHEREAS, a politics buff, Mr. McCoy enjoyed attending the legislature's annual Wild Hog Supper and, along with "Boll Weevil" Rylee, is said to have manufactured and delivered more nontaxed clear spirits to the Georgia State Capitol than any other Georgian; and

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

PART XIV

WHEREAS, Mr. L. Douglas Griffith has lived in his home on Georgia Highway 92 in Paulding County since his parents, Lemon Gray and Mable Clara Annie Grogan Griffith, purchased it on September 4, 1944, when he was just nine months old; and

WHEREAS, Mr. Griffith has long been recognized by his neighbors in Crossroads, Georgia, for his leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

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WHEREAS, his vision and guidance have been instrumental to numerous local organizations, including Citizens to Save Paulding County, the Paulding County Archaeology Association, the Paulding County Historical Society, and the county's Sesquicentennial Committee; and

WHEREAS, a man of deep and abiding faith, Mr. Griffith is a faithful member of Crossroads Baptist Church of Christ and has served as a delegate to the First District Union Meeting of the New Hope Baptist Association; and

WHEREAS, he has tirelessly worked to keep Georgia Highway 92 clean and in a state of safe repair for the traveling public; 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 XV

WHEREAS, Representative Lynmore James has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his service with the Georgia House of Representatives; and

WHEREAS, a native of Byromville, Georgia, Representative James was elected to the Georgia General Assembly in 1992 and served on the House Committees on Agriculture and Consumer Affairs, Appropriations, Regulated Industries, and Retirement until his retirement in 2012; and

WHEREAS, he graduated from Flint River Farm High School and earned a bachelor's degree from Tuskegee University in Alabama; and

WHEREAS, he worked in the quality control division of Ford Motor Company, and his leadership and guidance were instrumental to the Flag Bank Board of Directors, Flint River Community Hospital Governing Board, Macon County Kiwanis, Georgia Agri-Leaders Forum, Fort Valley State University Foundation Board, and Alpha Phi Alpha Fraternity, Inc.; and

WHEREAS, a man of deep and abiding faith, Representative James is an active member of Shade Arnold Baptist Church in Macon County; and

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WHEREAS, he has been united in love and marriage to his wife, Faye, for 46 wonderful years and blessed with three amazing sons, Lynorris, Mack Carlton, and Jeffrey; seven outstanding grandchildren; and three incredible great-grandchildren; 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 XVI

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

WHEREAS, Mr. J. Marion Thomason was born in Toccoa, Georgia, on June 27, 1926, the beloved son of Gartrell and Lou Ella Thomason; and

WHEREAS, a graduate of Toccoa High School, he served as a guardian of this nation's freedom and liberty with the United States Army 8th Air Force, valiantly and courageously defending America during World War II; and

WHEREAS, he earned a degree in civil engineering from Clemson Agricultural College and began his distinguished career in the civil engineering program of the State Highway Department; and

WHEREAS, after many years of service with the state, Mr. Thomason joined Tugalo Construction Company, where he served as a partner until his retirement; and

WHEREAS, a man of deep and abiding faith, Mr. Thomason was an active member of First Baptist Church of Toccoa, where he served as a deacon and participated in several mission trips; and

WHEREAS, his leadership and guidance were instrumental to numerous organizations, including the Lions Club, Stephens County Food Bank, Georgia Mountain Regional Development Center, and Toccoa Masonic Lodge; 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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GENERAL ACTS AND RESOLUTIONS, VOL. I PART XVII

WHEREAS, Senator Edward H. Zipperer has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his service with the Georgia Senate from 1967 to 1975; and

WHEREAS, while in the Georgia General Assembly, Senator Zipperer served on 13 committees and was instrumental in obtaining public recreational areas for Skidaway Island State Park, Fort McAllister State Park, and King's Ferry Ogeechee River; and

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

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

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his honor.

PART XVIII

WHEREAS, the State of Georgia mourns the loss of one of its most noble, patriotic, and selfless citizens with the passing of Special Forces soldier Staff Sergeant Dustin Michael Wright on October 4, 2017; and

WHEREAS, Staff Sergeant Wright was serving his third deployment in Niger when he lost his life in the line of duty while on a Special Forces mission; and

WHEREAS, Staff Sergeant Wright of Lyons, Georgia, was 29 years old at the time of his passing and a beloved son of Arnold Edgar "Ardie" Wright and Terri Trull Criscio; and

WHEREAS, he attended Georgia Southern University and Fayetteville State University and was a partner of Southern Rain Control with Rick Grisham before taking over ownership of the business; and

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WHEREAS, he joined the United States Army in 2012 to continue his family's military legacy, graduated from Advanced Individual Training, and completed Army Airborne School training, the Special Operations Preparation Course, and the Special Forces Assessment and Selection Course; and

WHEREAS, Staff Sergeant Wright earned the status of United States Army Special Forces and was awarded the coveted Green Beret in 2014; and

WHEREAS, a compassionate and courageous man, Staff Sergeant Wright will long be remembered for his love of family and friendship, fidelity to country and the Constitution, and heroism in the face of enormous adversity; and

WHEREAS, Staff Sergeant Wright will be missed by all who had the great fortune of knowing him, his legacy will serve as an inspiration to countless men and women, and his noble sacrifice resounds in history as a shining example of patriotism in defense of these United States of America; and

WHEREAS, Staff Sergeant Wright embodied the spirit of service, willing to find meaning in something greater than himself, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of this remarkable and distinguished American be honored appropriately by dedicating a road in his memory.

PART XIX

WHEREAS, Mr. Roy E. Herrington has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, a native of Baxley, Georgia, Mr. Herrington graduated from Appling County High School and Marsh Business College and served as a guardian of this nation's freedom and liberty with the United States Air Force; and

WHEREAS, he served as the District 1 representative on the Georgia Department of Transportation Board from 2005 to 2010 and was honored as Appling County Citizen of the Year in 1981; and

WHEREAS, his leadership has been instrumental to numerous organizations, including Appling County Chamber of Commerce Board of Directors, Baxley State Bank Board of Directors, Community Bank of Georgia Board of Directors, Baxley Kiwanis Club, Appling County Industrial Development Authority, and Appling County Stockman's Association; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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

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

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

PART XX

WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Mr. Milton Lonzo Priest on July 5, 1988; and

WHEREAS, a native of Ellijay, Georgia, Mr. Priest owned and operated the Priest Store at the intersection of Georgia's State Route 136 and State Route 382; and

WHEREAS, a pillar of the Ellijay community, Mr. Priest helped run the local voting precinct and helped drive school buses; and

WHEREAS, Mr. Priest was a mainstay of the community and played an instrumental role in getting State Route 136 paved for the benefit of his neighbors and visitors to the area; and

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

PART XXI

WHEREAS, Honorable Floyd Adams, Jr., has long been recognized by the citizens of this state for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service to the City of Savannah; and

WHEREAS, Mayor Adams was born in Savannah on May 11, 1945, the beloved son of Floyd "Pressboy" Adams, Sr., and Wilhelmina Anderson Adams; and

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WHEREAS, he attended St. Anthony Catholic School, St. Pius X Catholic School, Brooklyn College, and Armstrong State College; and

WHEREAS, Mayor Adams took over his family's printing business, The Herald of Savannah, Inc., and became a master printer and professional photographer and served as the Herald of Savannah's publisher and president, which is now known as Savannah Herald; and

WHEREAS, he was elected as District One alderman for the City of Savannah in 1982, a position he held until 1991 when he was elected to serve as alderman-at-large for Post One; and

WHEREAS, Mayor Adams was the first African American elected to a city-wide post in Savannah and later made history again by being elected as the first African American mayor for the city; and

WHEREAS, Mayor Adams' leadership and guidance were instrumental to numerous organizations, including the United Way, Private Industry Council, Georgia Black Elected Officials Association, National Black Council of Local Elected Officials, Savannah's Printers Association, Savannah's Photography Association, the Savannah Branch of the NAACP, Cloverdale Civic Improvement Association, and Prince Hall Masons; and

WHEREAS, he was recognized with numerous honors and accolades, including a Freedom Fighter Award from the NAACP and 1996 Citizen of the Year by Omega Psi Phi Fraternity, Mu Phi Chapter; and

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

PART XXII

WHEREAS, Representative Paul Smith has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his 18 years of superlative service with the Georgia House of Representatives; and

WHEREAS, after his retirement from the Georgia Extension Service, Representative Smith was elected to the Georgia General Assembly, where he served on the House Committees on Appropriations, State Planning and Community Affairs, and Ways and Means; and

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WHEREAS, he served as Secretary and Chairman of the House Committee on Transportation, helping secure much needed funding for important transportation projects for the northwest Georgia region; and

WHEREAS, his leadership and guidance have been instrumental to the Rome Exchange Club, where he has dedicated 63 years to assisting with the Coosa Valley Fair in Rome and ensuring the event is a fun filled family event for all in attendance; and

WHEREAS, he has been recognized as Georgia Fairman of the Year for 2018 by the Association of Agricultural Fairs; 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 XXIII

WHEREAS, Mr. Phillip "Philly" J. Meyers served as a guardian of this nation's freedom and liberty with the United States Marine Corps, valiantly and courageously defending his fellow Americans during the Vietnam War; and

WHEREAS, a strong advocate for labor, Mr. Meyers was a member of the New York Newspaper Printing Pressman's Union Local #2 for several decades before moving to Savannah to continue his work, advocating on behalf of labor, income equality, civil rights, and the environment; and

WHEREAS, in 2010, Mr. Meyers helped organize the RUFFians, Retirees Unite for the Future, an advocacy group of senior retirees, and served as the organization's president; and

WHEREAS, his leadership and guidance to the RUFFians was invaluable, as he assisted the group in staging information tables at events and organizing rallies, marches, and other direct action initiatives in support of improving important social issues such as increased minimum wage, expansion of Medicare and social security, tax reform, clean energy, and equal voting rights; and

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

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

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

WHEREAS, the portions of highways to be included in the Georgia Grown Trail: 17 wind through miles of family owned farms; pristine hunting plantations; u-pick farms, farm stands, and hands-on educational farm experiences; farm-to-table restaurants and establishments dedicated to preserving and sharing local recipes, traditions, and crops and farming techniques; and

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

PART XXV

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.

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WHEREAS, Representative "Doc" Gene Maddox has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his service with the Georgia House of Representatives for eight years as representative for House District 172; and

WHEREAS, while in the Georgia General Assembly, Representative Maddox served on the House Committees on Health and Human Services, Economic Development and Tourism, Agriculture and Consumer Affairs, Retirement, and Human Relations and Aging and his diligence and hard work were instrumental in the passage of the spay and neuter specialty license plate and a bill to combat vicious dogs; and

WHEREAS, a graduate of Jackson High School, Representative Maddox attended Abraham Baldwin College and graduated from the University of Georgia's School of Veterinary Medicine; and

WHEREAS, he has been recognized with numerous honors and accolades, including 2006 Veterinarian of the Year, 2009 University of Georgia Distinguished Alumni, 2010 Legislator of the Year by the Georgia Firefighters Association, and a 2005 Community Service Award from the Grady County Chamber of Commerce; and

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

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

WHEREAS, Representative Maddox has been blessed with the love and support of his wife, Patsy, and four sons, nine grandchildren, and two great-grandchildren and a third who was called to Heaven, with two more great-grandchildren expected soon; 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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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, SPC Jackie Marcell Morgan was born on March 6, 1941, and served as a guardian of this nation's freedom and liberty with the United States Armed Forces during the Vietnam War; 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, SPC Morgan gave the ultimate sacrifice for his country, and he embodied the spirit of service, willing to find meaning in something greater than himself; and

WHEREAS, it is abundantly fitting and proper that the sacrifices of this remarkable and distinguished American be honored appropriately by dedicating a bridge in his memory.

PART XXVIII

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the north and south interchanges of Interstate 85 at Exit 94/Chamblee Tucker Road are dedicated as the Robert H. "Bob" Bell Interchanges.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 16 from Interstate 75/State Route 401 to State Route 42 in Butts County is dedicated as the Honorable William "Bill" Jones Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Georgia Highway 88 within the City of Hephzibah in Richmond County is dedicated as the A. Frank Williams Highway.

BE IT FURTHER RESOLVED AND ENACTED that the interchange on Interstate 20 at State Route 12/State Route 124/Turner Hill Road in DeKalb County is dedicated as the Thurbert Baker Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Historic US 441 in Habersham County is dedicated as the Troy Simpson Memorial Bridge.

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BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. 129 with Westmoreland Road in White County is dedicated as the Horace Fitzpatrick Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of GA 20 from Windermere Parkway in Forsyth County to Suwanee Dam Road in Gwinnett County is dedicated as the Rudy Bowen Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of GA 124 from State Route 10/US 78 to GA 316 in Gwinnett County is dedicated as the John D. Stephens Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of GA 347 from Interstate 985/GA 365 to McEver Road in Hall County is dedicated as the Virgil Williams Highway.

BE IT FURTHER RESOLVED AND ENACTED that the interchange at Interstate 95 and Exit 14 in Camden County is dedicated as the Army Captain Corry Paul Tyler Memorial Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 76 from Ten Mile Creek Road to Giddens Road in Berrien County is dedicated as the Walter James Gaskins Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Sybil Brannon Parkway over Highway 278 in Polk County is dedicated as the Detective Kristen Snead Hearne Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 164 from U.S. Route 441 to State Route 59 in Banks County is dedicated as the Hoyt Dean "Dink" McCoy, Mayor "Emeritus" of Bushville, Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the one-mile portion of Highway 92 heading north from Due West Road in Paulding County is dedicated as the L. Douglas Griffith Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 26 from Flint River School Road to the Interstate 75 intersection in Macon County is dedicated as the Lynmore James Highway.

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BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 17 from GA 123 to Rose Lane in Stephens County is dedicated as the J. Marion Thomason Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 204 at King George Boulevard in Chatham County is dedicated as the Edward H. Zipperer Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 4/US 1 through Toombs County is dedicated as the Staff Sergeant Dustin Michael Wright Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 4/US 1 through Appling County is dedicated as the Roy E. Herrington Highway.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 136 and State Route 382 in Gilmer County is dedicated as the Milton Lonzo Priest Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on Interstate 516 over West Bay Street in Chatham County is dedicated as the Mayor Floyd Adams, Jr., Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the interchange at Cedartown Highway/US Highway 27 and the South Rome Bypass/State Route 746 in Floyd County is dedicated as the Paul Smith Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 204 over Ogeechee Road in Chatham County is dedicated as the Philly J. Meyers Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 17 from Kingsland at the Florida state line to Savannah at the South Carolina state line is dedicated as the Georgia Grown Trail: 17.

BE IT FURTHER RESOLVED AND ENACTED that this body hereby joins in honoring United States military veterans and dedicates the portion of U.S. Highway 280 from the western city limit of Belleville in Evans County to the Tattnall County line as the Veterans Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Highway 112 within Grady County is dedicated as the Representative "Doc" Gene Maddox Highway.

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BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 38 over Woodyard Creek in Clinch County is dedicated as the Jackie Marcell Morgan Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that a resolution dedicating certain portions of the state highway system as approved on May 9, 2017 (Ga. L. 2017, p. 825), is amended by repealing the fifth undesignated paragraph of Part XIX relating to the dedication of the Tyler Perry 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 Department of Transportation is authorized to correct any errors in the spelling of names included in this resolution without further action from the General Assembly.
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 Robert H. "Bob" Bell, Honorable William "Bill" Jones, Mr. A. Frank Williams, Attorney General Thurbert Baker, Mr. Rudy Bowen, Mr. John D. Stephens, Mr. Virgil R. Williams; Mr. L. Douglas Griffith; Representative Lynmore James; Senator Edward H. Zipperer; Mr. Roy E. Herrington; Representative Paul Smith; and Representative "Doc" Gene Maddox; and to the families of Mr. Troy Simpson; Mr. Horace Fitzpatrick; Captain Corry Paul Tyler; Mr. Walter James Gaskins; Detective Kristen Snead Hearne; Mr. Hoyt Dean "Dink" McCoy; Mr. J. Marion Thomason; Staff Sergeant Dustin Michael Wright; Mr. Milton Lonzo Priest; Honorable Floyd Adams, Jr.; Mr. Phillip "Philly" J. Meyers; and SPC Jackie Marcell Morgan.
Approved May 8, 2018.

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MOTOR VEHICLES AND TRAFFIC PENALTIES FOR VIOLATIONS REGARDING SCHOOL BUSES; AUTOMATED TRAFFIC ENFORCEMENT SAFETY DEVICES IN SCHOOL ZONES.

No. 545 (House Bill No. 978).

AN ACT

To amend Article 8 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to school buses, so as to revise the enforcement of civil monetary penalties regarding violations of the duties of a driver when meeting or overtaking a school bus; to revise penalty fees; to revise definitions; to provide for procedures and enforcement; to provide for enforcement penalties through the Department of Revenue; to provide for dedication of fees collected from local civil monetary penalties; to amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, so as to provide for automated traffic enforcement safety devices in school zones; to provide for definitions; to provide for the operation of automated traffic enforcement safety devices by agents or registered or certified peace officers; to provide for automated traffic enforcement safety device testing exceptions and procedures; to provide for automated traffic enforcement safety device use warning signs; to provide for further exceptions for when case may be made and conviction had for exceeding posted speed limit by less than ten miles per hour; to provide for an exception for the ratio of speeding fines to an agency budget; to provide for civil enforcement of violations recorded by automated traffic enforcement safety devices; to provide for enforcement penalties through the Department of Revenue; to provide for rules, regulations, and terms of use for automated traffic enforcement safety 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. Article 8 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to school buses, is amended by revising Code Section 40-6-163, relating to duty of driver of vehicle meeting or overtaking school bus, reporting of violations, and enforcement, as follows:
"40-6-163. (a) Except as provided in subsection (b) of this Code section, the driver of a vehicle meeting or overtaking from either direction any school bus stopped on the highway shall stop before reaching such school bus when there are in operation on the school bus the visual signals as specified in Code Sections 40-8-111 and 40-8-115, and such driver shall not proceed until the school bus resumes motion or the visual signals are no longer actuated.

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(b) The driver of a vehicle upon a highway with separate roadways or a divided highway, including, but not limited to, a highway divided by a turn lane, need not stop upon meeting or passing a school bus which is on a different roadway or on another half of a divided highway, or upon a controlledaccess highway when the school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway. (c) Every school bus driver who observes a violation of subsection (a) of this Code section is authorized and directed to record specifically the vehicle description, license number of the offending vehicle, and time and place of occurrence on forms furnished by the Department of Public Safety. Such report shall be submitted within 15 days of the occurrence of the violation to the local law enforcement agency which has law enforcement jurisdiction where the alleged offense occurred.
(d)(1) As used in this subsection, the term: (A) 'Agent' means a person or entity who is authorized by a law enforcement agency or governing body to administer the procedures contained herein and: (i) Provides services to such law enforcement agency or governing body; (ii) Operates, maintains, leases, or licenses a video recording device; or (iii) Is authorized by such law enforcement agency or governing body to review and assemble the recorded images. (B) 'Owner' means the registrant of a motor vehicle, except that such term shall not include a motor vehicle rental company when a motor vehicle registered by such company is being operated by another person under a rental agreement with such company. (C) 'Recorded images' means images recorded by a video recording device mounted on a school bus with a clear view of vehicles passing the bus on either side and showing the date and time the recording was made and an electronic symbol showing the activation of amber lights, flashing red lights, stop arms, and brakes. (D) 'Video recording device' means a camera capable of recording digital images showing the date and time of the images so recorded.
(2) Subsection (a) of this Code section may be enforced by using recorded images as provided in this subsection. (3) For the purpose of enforcement pursuant to this subsection:
(A) The owner of a motor vehicle shall be liable for a civil monetary penalty to the governing body of the law enforcement agency provided for in subparagraph (d)(3)(B) of this Code Section if such vehicle is found, as evidenced by recorded images, to have been operated in disregard or disobedience of subsection (a) of this Code section and such disregard or disobedience was not otherwise authorized by law. The amount of such civil monetary penalty shall be $250.00; (B) The law enforcement agency authorized to enforce the provisions of this Code section shall send by first class mail addressed to the owner of the motor vehicle not

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later than ten days after obtaining the name and address of the owner of the motor vehicle:
(i) A citation for the alleged violation, which shall include the date and time of the violation, the location of the infraction, the amount of the civil monetary penalty imposed, and the date by which the civil monetary penalty shall be paid; (ii) An image taken from the recorded image showing the vehicle involved in the infraction; (iii) A copy of a certificate sworn to or affirmed by a certified peace officer employed by a law enforcement agency authorized to enforce this Code section and stating that, based upon inspection of recorded images, the owner's motor vehicle was operated in disregard or disobedience of subsection (a) of this Code section and that such disregard or disobedience was not otherwise authorized by law; (iv) A statement of the inference provided by subparagraph (D) of this paragraph and of the means specified therein by which such inference may be rebutted; (v) Information advising the owner of the motor vehicle of the manner and time in which liability as alleged in the citation may be contested in court; and (vi) A warning that failure to pay the civil monetary penalty or to contest liability in a timely manner shall waive any right to contest liability and result in a civil monetary penalty; (C) Proof that a motor vehicle was operated in disregard or disobedience of subsection (a) of this Code section shall be evidenced by recorded images. A copy of a certificate sworn to or affirmed by a certified peace officer employed by a law enforcement agency and stating that, based upon inspection of recorded images, a motor vehicle was operated in disregard or disobedience of subsection (a) of this Code section and that such disregard or disobedience was not otherwise authorized by law shall be prima-facie evidence of the facts contained therein; and (D) Liability under this subsection shall be determined based upon preponderance of the evidence. Prima-facie evidence that the vehicle described in the citation issued pursuant to this subsection was operated in violation of subsection (a) of this Code section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall permit the trier of fact in its discretion to infer that such owner of the vehicle was the driver of the vehicle at the time of the alleged violation. Such an inference may be rebutted if the owner of the vehicle: (i) Testifies under oath in open court or submits to the court a sworn notarized statement that he or she was not the operator of the vehicle at the time of the alleged violation and identifies the name of the operator of the vehicle at the time of the alleged violation; or (ii) Presents to the court a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation. (4) A violation for which a civil penalty is imposed pursuant to this subsection shall not be considered a moving traffic violation for the purpose of points assessment under Code

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Section 40-5-57. Such violation shall be deemed noncriminal, and imposition of a civil penalty pursuant to this subsection shall not be deemed a conviction and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for any insurance purposes in the provision of motor vehicle insurance coverage. (5) If a person is mailed a citation by first class mail pursuant to subparagraph (B) of paragraph (3) of this subsection, such person may pay the penalty or request a court date. Any citation executed pursuant to this paragraph shall provide to the person issued the citation at least 30 business days from the mailing of the citation to inspect information collected by the video recording device in connection with the violation. If the person requesting a court date fails to appear on the date and time of such hearing or if a person has not paid the penalty for the violation or filed a police report or notarized statement pursuant to subparagraph (D) of paragraph (3) of this subsection, such person shall then be sent a second citation by first class mail. The second citation shall include all information required in subparagraph (B) of paragraph (3) of this subsection for the initial citation and shall include a hearing date and time. If a person fails to appear on the date and time of such hearing set out in the second citation or if the person has failed to pay the penalty or file an appropriate document for rebuttal, the person issued the second citation shall have waived the right to contest the violation and shall be liable for the civil monetary penalty provided in paragraph (3) of this subsection. (6) Any court having jurisdiction over violations of subsection (a) of this Code section shall have jurisdiction over cases arising under this subsection. Any person receiving a notice pursuant to subparagraph (B) of this paragraph shall have the right to contest such liability for the civil monetary penalty in the magistrate court or other court of competent jurisdiction for a traffic violation. Except as otherwise provided in this subsection, the provisions of law governing jurisdiction, procedure, defenses, adjudication, appeal, and payment and distribution of penalties otherwise applicable to violations of subsection (a) of this Code section shall apply to enforcement under this subsection except as provided in subparagraph (A) of paragraph (3) of this subsection; provided, however, that any appeal from superior or state court shall be by application in the same manner as that provided by Code Section 5-6-35. (7) If a violation has not been contested and the assessed penalty has not been paid, the agent or governing body shall send to the person who is the registered owner of the motor vehicle a final notice of any unpaid civil monetary penalty authorized by this Code section, except in cases where there is an adjudication that no violation occurred or there is otherwise a lawful determination that no civil monetary penalty shall be imposed. The notice shall inform the registered owner that the agent or governing body shall send a referral to the Department of Revenue if the assessed penalty and any late fee is not paid within 30 days after the final notice was mailed and that such referral shall result in the nonrenewal of the registration of such motor vehicle and shall prohibit the title transfer of such motor vehicle within this state.

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(8) The agent or governing body shall send a referral to the Department of Revenue not sooner than 30 days after the final notice required under paragraph (7) of this subsection was mailed if a violation of an ordinance or resolution adopted under this article has not been contested and the assessed penalty has not been paid. The referral to the Department of Revenue shall include the following:
(A) Any information known or available to the agent or governing body concerning the license plate number, year of registration, and the name of the owner of the motor vehicle; (B) The date on which the violation occurred; (C) The date when the notice required under this Code section was mailed; and (D) The seal, logo, emblem, or electronic seal of the governing body. (9) If the Department of Revenue receives a referral under paragraph (8) of this subsection, such referral shall be entered into the motor vehicle database within five days of receipt and the Department of Revenue shall refuse to renew the registration of such motor vehicle and shall prohibit the title transfer of such vehicle within this state unless and until the civil monetary penalty plus any late fee is paid to the governing body. The Department of Revenue shall mail a notice to the registered owner of such motor vehicle that informs such owner: (A) That the registration of the vehicle involved in the violation will not be permitted to be renewed; (B) That the title of the vehicle involved in the violation will not be permitted to be transferred in this state; (C) That the aforementioned penalties are being imposed due to the failure to pay the civil monetary penalty plus any late fee for an ordinance violation adopted under the authority of this Code section; and (D) Of the procedure that the person may follow to remove the penalties. (10) The Department of Revenue shall remove the penalties on a vehicle if any person presents the Department of Revenue with adequate proof that the penalty and any late fee, if applicable, has been paid. (11) Recorded images made for purposes of this subsection shall not be a public record for purposes of Article 4 of Chapter 18 of Title 50. (12) A governing authority shall not impose a civil penalty under this subsection on the owner of a motor vehicle if the operator of the vehicle was arrested or issued a citation and notice to appear by a certified peace officer for the same violation. (13) A local school system may enter into an intergovernmental agreement with a local governing authority to offset expenses regarding the implementation and ongoing operation of video recording devices serving the purpose of capturing recorded images of motor vehicles unlawfully passing a school bus. (14) Any school bus driver operating a vehicle equipped with an activated video recording device shall be exempt from the recording provisions of subsection (c) of Code Section 40-6-163.

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(15) The money collected and remitted to the governing body pursuant to subparagraph (d)(3)(B) of this Code section shall only be used by such governing body to fund local law enforcement or public safety initiatives. This paragraph shall not preclude the appropriation of a greater amount than collected and remitted under this subsection."

SECTION 2. Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to speed detection devices, is amended by adding two new Code sections to read as follows:
"40-14-1.1. As used in this article, the term:
(1) 'Agent' means a person or entity who is authorized by a law enforcement agency or governing body to administer the procedures contained herein and:
(A) Provides services to such law enforcement agency or governing body; (B) Operates, maintains, leases, or licenses an automated traffic enforcement safety device; or (C) Is authorized by such law enforcement agency or governing body to review and assemble the recorded images captured by the automated traffic enforcement safety device for review by a peace officer. (2) 'Automated traffic enforcement safety device' means a speed detection device that: (A) Is capable of producing photographically recorded still or video images, or both, of the rear of a motor vehicle or of the rear of a motor vehicle being towed by another vehicle, including an image of such vehicle's rear license plate; (B) Is capable of monitoring the speed of a vehicle as photographically recorded pursuant to subparagraph (A) of this paragraph; and (C) Indicates on each photographically recorded still or video image produced the date, time, location, and speed of a photographically recorded vehicle traveling at a speed above the posted speed limit within a marked school zone. (3) 'Owner' means the registrant of a motor vehicle, except that such term shall not include a motor vehicle rental company when a motor vehicle registered by such company is being operated by another person under a rental agreement with such company. (4) 'Recorded images' means still or video images recorded by an automated traffic enforcement safety device. (5) 'School zone' means the area within 1,000 feet of the boundary of any public or private elementary or secondary school.

40-14-1.2. Nothing in this article shall be construed to mean that an agent is providing or participating in private investigative services or acting in such manner as would render such agent subject to the provisions of Article 4 of Chapter 18 of Title 50."

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SECTION 3. Said article is further amended by revising subsection (c) of Code Section 40-14-2, relating to permit required for use of speed detection devices, use not authorized where officers paid on fee system, and operation by registered or certified peace officers, as follows:
"(c) A permit shall not be issued by the Department of Public Safety to an applicant under this Code section unless the applicant provides law enforcement services by certified peace officers 24 hours a day, seven days a week on call or on duty or allows only peace officers employed full time by the applicant to operate speed detection devices. Speed detection devices can only be operated by registered or certified peace officers of the county sheriff, county, municipality, college, or university to which the permit is applicable; provided, however, that an automated traffic enforcement safety device may be operated by an agent or registered or certified peace officers of the county sheriff, county, or municipality to which the permit is applicable. Persons operating the speed detection devices must be registered or certified by the Georgia Peace Officer Standards and Training Council as peace officers and certified by the Georgia Peace Officer Standards and Training Council as operators of speed detection devices; provided, however, that agents may operate automated traffic enforcement safety devices without such registrations or certifications."

SECTION 4. Said article is further amended by revising Code Section 40-14-5, relating to testing and removal of inaccurate radar devices from service, as follows:
"40-14-5. (a) Each state, county, municipal, or campus law enforcement officer using a radar device, except for an automated traffic enforcement safety device as provided for under Code Section 40-14-18, shall test the device for accuracy and record and maintain the results of the test at the beginning and end of each duty tour. Each such test shall be made in accordance with the manufacturer's recommended procedure. Any radar unit not meeting the manufacturer's minimum accuracy requirements shall be removed from service and thereafter shall not be used by the state, county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4. (b) Each county, municipal, or campus law enforcement officer using a radar device, except for an automated traffic enforcement safety device as provided for under Code Section 40-14-18, shall notify each person against whom the officer intends to make a case based on the use of the radar device that the person has a right to request the officer to test the radar device for accuracy. The notice shall be given prior to the time a citation and complaint or ticket is issued against the person and, if requested to make a test, the officer shall test the radar device for accuracy. In the event the radar device does not meet the minimum accuracy requirements, the citation and complaint or ticket shall not be issued against the person, and the radar device shall be removed from service and thereafter shall not be used by the county, municipal, or campus law enforcement agency until it has been

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serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4.
(c)(1) The law enforcement agency, or agent on behalf of the law enforcement agency, operating an automated traffic enforcement safety device provided for under Code Section 40-14-18 shall maintain a log for the automated traffic enforcement safety device attesting to the performance of such device's self-test at least once every 30 days and the results of such self-test pertaining to the accuracy of the automated traffic enforcement safety device. Such log shall be admissible in any court proceeding for a violation issued pursuant to Code Section 40-14-18. (2) The law enforcement agency, or agent on behalf of the law enforcement agency, operating an automated traffic enforcement safety device shall perform an independent calibration test on the automated traffic enforcement safety device at least once every 12 months. The results of such calibration test shall be admissible in any court proceeding for a violation issued pursuant to Code Section 40-14-18."

SECTION 5. Said article is further amended by adding a new subsection to Code Section 40-14-6, relating to the requirement for warning signs, to read as follows:
"(c) In addition to the signs required under subsections (a) and (b) of this Code section, each law enforcement agency using an automated traffic enforcement safety device as provided for in Code Section 40-14-18 shall erect signs warning of the use of a stationary speed detection device within the approaching school zone. Such signs shall be at least 24 by 30 inches in area, shall be visible plainly from every lane of traffic, shall be viewable in all traffic conditions, and shall not be placed in such a manner that the view of such sign is subject to being obstructed by any other vehicle on such highway. Such signs shall be placed within 500 feet prior to the warning sign announcing the reduction of the speed limit for the school speed zone. There shall be a rebuttable presumption that such signs are properly installed pursuant to this subsection at the time of any alleged violation under this article."

SECTION 6. Said article is further amended by revising Code Section 40-14-7, relating to the visibility of a vehicle from which a speed detection device is operated, as follows:
"40-14-7. Except as provided for in Code Section 40-14-18, no stationary speed detection device shall be employed by county, municipal, college, or university law enforcement officers where the vehicle from which the device is operated is obstructed from the view of approaching motorists or is otherwise not visible for a distance of at least 500 feet."

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SECTION 7. Said article is further amended by revising subsection (b) of Code Section 40-14-8, relating to when case may be made and conviction had, as follows:
"(b) The limitations contained in subsection (a) of this Code section shall not apply in properly marked school zones one hour before, during, and one hour after the normal hours of school operation or programs for care and supervision of students before school, after school, or during vacation periods as provided for under Code Section 20-2-65, in properly marked historic districts, and in properly marked residential zones. For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be considered residential districts. For purposes of this Code section, the term 'historic district' means a historic district as defined in paragraph (5) of Code Section 44-10-22 and which is listed on the Georgia Register of Historic Places or as defined by ordinance adopted pursuant to a local constitutional amendment."

SECTION 8. Said article is further amended by revising subsection (d) of Code Section 40-14-11, relating to investigations by the commissioner of public safety, issuance of order suspending or revoking a permit, and ratio of speeding fines to agency's budget, as follows:
"(d) There shall be a rebuttable presumption that a law enforcement agency is employing speed detection devices for purposes other than the promotion of the public health, welfare, and safety if the fines levied based on the use of speed detection devices for speeding offenses are equal to or greater than 35 percent of a municipal or county law enforcement agency's budget. For purposes of this Code section, fines collected for citations issued for violations of Code Section 40-6-180 shall be included when calculating total speeding fine revenue for the agency; provided, however, that fines for speeding violations exceeding 20 miles per hour over the established speed limit and civil monetary penalties for speeding violations issued pursuant to Code Section 40-14-18 shall not be considered when calculating total speeding fine revenue for the agency."

SECTION 9. Said article is further amended by adding a new Code section to read as follows:
"40-14-18. (a)(1) The speed limit within any school zone as provided for in Code Section 40-14-8 and marked pursuant to Code Section 40-14-6 may be enforced by using photographically recorded images for violations which occurred only on a school day during the time in which instructional classes are taking place and one hour before such classes are scheduled to begin and for one hour after such classes have concluded when such violations are in excess of ten miles per hour over the speed limit. (2) Prior to the placement of a device within a school zone, each school within whose school zone such automated traffic enforcement safety device is to be placed shall first apply for and secure a permit from the Department of Transportation for the use of such

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automated traffic enforcement safety device. Such permit shall be awarded based upon need. The Department of Transportation shall promulgate rules and regulations for the implementation of this paragraph. (b) For the purpose of enforcement pursuant to this Code section: (1) The owner of a motor vehicle shall be liable for a civil monetary penalty to the governing body of the law enforcement agency provided for in paragraph (2) of this subsection if such vehicle is found, as evidenced by photographically recorded images, to have been operated in disregard or disobedience of the speed limit within any school zone and such disregard or disobedience was not otherwise authorized by law. The amount of such civil monetary penalty shall be $75.00 for a first violation and $125.00 for a second or any subsequent violation, in addition to fees associated with the electronic processing of such civil monetary penalty which shall not exceed $25.00; provided, however, that for a period of 30 days after the first automated traffic enforcement safety device is introduced by a law enforcement agency within a school zone, the driver of a motor vehicle shall not be liable for a civil monetary penalty but shall be issued a civil warning for disregard or disobedience of the speed limit within the school zone; (2) A law enforcement agency authorized to enforce the speed limit of a school zone, or an agent working on behalf of a law enforcement agency or governing body, shall send by first class mail addressed to the owner of the motor vehicle within 30 days after obtaining the name and address of the owner of the motor vehicle but no later than 60 days after the date of the alleged violation:
(A) A citation for the alleged violation, which shall include the date and time of the violation, the location of the infraction, the maximum speed at which such motor vehicle was traveling in photographically recorded images, the maximum speed applicable within such school zone, the civil warning or the amount of the civil monetary penalty imposed, and the date by which a civil monetary penalty shall be paid; (B) An image taken from the photographically recorded images showing the vehicle involved in the infraction; (C) A website address where photographically recorded images showing the vehicle involved in the infraction and a duplicate of the information provided for in this paragraph may be viewed; (D) A copy of a certificate sworn to or affirmed by a certified peace officer employed by a law enforcement agency authorized to enforce the speed limit of the school zone and stating that, based upon inspection of photographically recorded images, the owner's motor vehicle was operated in disregard or disobedience of the speed limit in the marked school zone and that such disregard or disobedience was not otherwise authorized by law; (E) A statement of the inference provided by paragraph (4) of this subsection and of the means specified therein by which such inference may be rebutted; (F) Information advising the owner of the motor vehicle of the manner in which liability as alleged in the citation may be contested through an administrative hearing; and

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(G) A warning that failure to pay the civil monetary penalty or to contest liability in a timely manner as provided for in subsection (d) of this Code section shall waive any right to contest liability; (3) Proof that a motor vehicle was operated in disregard or disobedience of the speed limit of the marked school zone shall be evidenced by photographically recorded images. A copy of a certificate sworn to or affirmed by a certified peace officer employed by a law enforcement agency and stating that, based upon inspection of photographically recorded images, a motor vehicle was operated in disregard or disobedience of the speed limit in the marked school zone and that such disregard or disobedience was not otherwise authorized by law shall be prima-facie evidence of the facts contained therein; and (4) Liability under this Code section shall be determined based upon a preponderance of the evidence. Prima-facie evidence that the vehicle described in the citation issued pursuant to this Code section was operated in violation of the speed limit of the school zone, together with proof that the defendant was, at the time of such violation, the registered owner of the vehicle, shall permit the trier of fact in its discretion to infer that such owner of the vehicle was the driver of the vehicle at the time of the alleged violation. Such an inference may be rebutted if the owner of the vehicle: (A) Testifies under oath in open court or submits to the court a sworn notarized statement that he or she was not the operator of the vehicle at the time of the alleged violation; (B) Presents to the court a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged violation. (c) A violation for which a civil warning or a civil monetary penalty is imposed pursuant to this Code section shall not be considered a moving traffic violation for the purpose of points assessment under Code Section 40-5-57. Such violation shall be deemed noncriminal, and imposition of a civil warning or civil monetary penalty pursuant to this Code section shall not be deemed a conviction and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall it be used for any insurance purposes in the provision of motor vehicle insurance coverage. (d) If a person issued and mailed a citation pursuant to subsection (b) of this Code section fails to pay the civil monetary penalty for the violation or has not filed a police report or notarized statement pursuant to paragraph (4) of subsection (b) of this Code section in no less than 30 nor more than 60 days after such mailing as determined and noticed by the law enforcement agency, the agent or law enforcement agency shall send to such person by first class mail a second notice of any unpaid civil monetary penalty, except in cases where there is an adjudication that no violation occurred or there is otherwise a lawful determination that no civil monetary penalty shall be imposed. The second notice shall include all information required in paragraph (2) of subsection (b) of this Code section and shall include a new date of return which shall be no less than 30 days after such mailing as determined and noticed by the law enforcement agency. If such person notified by second notice again fails to pay the civil monetary penalty or file a police report or notarized statement pursuant to

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paragraph (4) of subsection (b) of this Code section by the new date of return, such person shall have waived the right to contest the violation and shall be liable for the civil monetary penalty provided for under this Code section, except in cases where there is an adjudication that no violation occurred or there is otherwise a lawful determination that no civil monetary penalty shall be imposed. (e) Notices mailed by first class mail pursuant to this Code section shall be adequate notification of the fees and penalties imposed by this Code section. No other notice shall be required for the purposes of this Code section.
(f)(1) Any court having jurisdiction over violations of subsection (a) of this Code section shall have jurisdiction over cases arising under this subsection and shall be authorized to impose the civil monetary penalty provided by this subsection. Except as otherwise provided in this subsection, the provisions of law governing jurisdiction, procedure, defenses, adjudication, appeal, and payment and distribution of penalties otherwise applicable to violations of subsection (a) of this Code section shall apply to enforcement under this Code section except as provided in subsection (b) of this Code section; provided, however, that any appeal from superior or state court shall be by application in the same manner as that provided by Code Section 5-6-35. (g) If a violation has not been contested and the assessed penalty has not been paid, the agent or governing body shall send to the person who is the registered owner of the motor vehicle a final notice of any unpaid civil monetary penalty authorized by this Code section, except in cases where there is an adjudication that no violation occurred or there is otherwise a lawful determination that no civil monetary penalty shall be imposed. The notice shall inform the registered owner that the agent or governing body shall send a referral to the Department of Revenue if the assessed penalty is not paid within 30 days after the final notice was mailed and such that such referral shall result in the nonrenewal of the registration of such motor vehicle and shall prohibit the title transfer of such motor vehicle within this state. (h) The agent or governing body shall send a referral to the Department of Revenue not sooner than 30 days after the final notice required under subsection (g) was mailed if a violation of an ordinance or resolution adopted under this article has not been contested and the assessed penalty has not been paid. The referral to the Department of Revenue shall include the following: (1) Any information known or available to the agent or governing body concerning the license plate number, year of registration, and the name of the owner of the motor vehicle; (2) The date on which the violation occurred; (3) The date when the notice required under this Code section was mailed; and (4) The seal, logo, emblem, or electronic seal of the governing body. (i) If the Department of Revenue receives a referral under subsection (h) of this Code section, such referral shall be entered into the motor vehicle database within five days of receipt and the Department of Revenue shall refuse to renew the registration of the motor vehicle and shall prohibit the title transfer of such vehicle within this state unless and until

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the civil monetary penalty plus any late fee is paid to the governing body. The Department of Revenue shall mail a notice to the registered owner:
(1) That the registration of the vehicle involved in the violation will not be permitted to be renewed; (2) That the title of the vehicle involved in the violation will not be permitted to be transferred in this state; (3) That the aforementioned penalties are being imposed due to the failure to pay the civil monetary penalty and any late fee for an ordinance violation adopted under the authority of this Code section; and (4) Of the procedure that the person may follow to remove the penalties. (j) The Department of Revenue shall remove the penalties on a vehicle if any person presents the Department of Revenue with adequate proof that the penalty and any late fee, if applicable, has been paid. (k) Recorded images made for purposes of this Code section shall not be a public record for purposes of Article 4 of Chapter 18 of Title 50. (l) A civil warning or civil monetary penalty under this Code section on the owner of a motor vehicle shall not be imposed if the operator of the vehicle was arrested or issued a citation and notice to appear by a certified peace officer for the same violation. (m) The money collected and remitted to the governing body pursuant to paragraph (1) of subsection (b) of this Code section shall only be used by such governing body to fund local law enforcement or public safety initiatives. This subsection shall not preclude the appropriation of a greater amount than collected and remitted under this subsection."

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Approved May 8, 2018.
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MOTOR VEHICLES AND TRAFFIC FILING OF CERTIFICATES OF TITLE BY DEALERS.
No. 546 (House Bill No. 761).
AN ACT
To amend Code Section 40-3-33 of the Official Code of Georgia Annotated, relating to transfer of vehicle to or from a dealer, records to be kept by dealers, and electronic filing, so as to provide for the filing of certificates of title by dealers; to provide for the filing of a title

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application in the county in which a dealer is located; 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 40-3-33 of the Official Code of Georgia Annotated, relating to transfer of vehicle to or from a dealer, records to be kept by dealers, and electronic filing, is amended by revising subsection (d) and adding a new subsection (e) as follows:
"(d) All applications for a certificate of title by a motor vehicle dealer shall be submitted to the department electronically. Any motor vehicle dealer who sells no more than ten motor vehicles per month on average as certified by the commissioner may apply on a form prescribed by the commissioner for a waiver from mandatory electronic filing of title applications as required by this subsection. The department shall adopt rules and regulations to administer this subsection. (e) Any dealer which sells a motor vehicle to a person who is not a resident of the county in which the dealer is located may file an application for title for such motor vehicle with the county tag agent in the county in which the dealer is located."

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

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

Approved May 8, 2018.

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GENERAL ASSEMBLY - JOINT GEORGIA-NORTH CAROLINA AND GEORGIA-TENNESSEE BOUNDARY LINE COMMISSION; CREATION.

No. 547 (Senate Resolution No. 794).

A RESOLUTION

Creating the Joint Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission; and for other purposes.

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WHEREAS, the northern border of the State of Georgia and the southern border of the States of North Carolina and Tennessee lie at the 35th parallel, north of the southernmost bank of the Tennessee River; and

WHEREAS, a flawed survey conducted in 1818 and never accepted by the State of Georgia erroneously marks the 35th parallel south of its actual location; and

WHEREAS, over a long period of years, from time to time, the legislatures of these states have undertaken to authorize the appointment of committees to meet and to resolve the issues associated with the wrongly surveyed and erroneously marked border; and

WHEREAS, by an Act of the General Assembly of North Carolina, approved in 1881 (N.C. Gen. Stat. 141-1 to 6 (1964)), the General Assembly of North Carolina authorized the Governor of North Carolina to appoint commissioners and a surveyor from North Carolina to act with the commissioners and surveyors appointed or to be appointed by any of the states contiguous to North Carolina to resurvey and mark the boundary lines between these states; and

WHEREAS, no official record of any such commissioners and surveyors as provided for in said Act exists; and

WHEREAS, by an Act of the General Assembly of Georgia, approved October 15, 1887 (Ga. L. 1886-87, p. 105), the General Assembly of Georgia directed the Governor to communicate with the Governor of Tennessee for the purpose of having a joint survey and settlement of the disputed boundary question and authorized the appointment of a committee to meet with an assembly committee representing the State of Tennessee, whose duty it would be to survey, establish, and proclaim the true boundary line; and

WHEREAS, by an Act approved April 8, 1889, the General Assembly of the State of Tennessee enacted a similar authorization; and

WHEREAS, by a resolution approved March 6, 1941 (Ga. L. 1941, p. 1850), the General Assembly directed the Governor of Georgia to communicate with the Governor of Tennessee for the purpose of having a joint survey and settlement of the disputed question and further resolved that a standing committee of the House of Representatives be created to meet with a similar committee of the State of Tennessee to establish, survey, and proclaim the true boundary line between Georgia and Tennessee; and

WHEREAS, by a resolution approved March 27, 1947 (Ga. L. 1947, p. 1728), the General Assembly appointed a commission to negotiate with the proper authorities of the State of Tennessee and to agree upon and to fix a definite boundary line, and, in the failure of the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

commission to reach a settlement, the General Assembly authorized and directed the Attorney General of the State of Georgia to institute suit in the federal courts for purposes of accurately determining the boundary line between Georgia and Tennessee; and

WHEREAS, by a resolution approved March 6, 1971 (Ga. L. 1971, p. 2374), the General Assembly directed the Governor of Georgia to communicate with the Governors of North Carolina and Tennessee for the purpose of having joint surveys and settlements of the disputed boundary questions and further resolved that a Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission be created to meet with similar commissions of the legislatures of the States of North Carolina and Tennessee to establish, survey, and proclaim the true boundary lines between Georgia and North Carolina and between Georgia and Tennessee, and to take such further or other action or pursue such remedy or remedies as the joint Commission of the Georgia General Assembly, by a majority vote, deems proper to establish the definite and true boundary lines between Georgia and North Carolina and Georgia and Tennessee; and

WHEREAS, by suggestion of the United States Court of Appeals for the D.C. Circuit, the Chairman of the Tennessee Public Service Commission and the Chairman of the Georgia Public Service Commission agreed in 1974 to reserve resolution of the general boundary issue until a later date (15 FERC, p. 61240), the resolution of which has never been reached; and

WHEREAS, notwithstanding these authorizations and directions, the boundary lines have never been accurately resurveyed and marked and remain in doubt; and

WHEREAS, it is in the public interest and welfare that accurate and exact lines between the said states be established and proclaimed.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Governor of Georgia is hereby directed to communicate with the Governors of North Carolina and Tennessee for the purpose of having joint surveys and settlements of the disputed boundary questions.

BE IT FURTHER RESOLVED that: (1) Creation of joint commission. There is created the Georgia-North Carolina and Georgia-Tennessee Boundary Line Commission. (2) Members and officers. (A) The commission shall be composed of six members. (B) The President of the Senate shall appoint three members of the Senate as members of the commission and shall designate one of such members as cochairperson.

GEORGIA LAWS 2018 SESSION

1073

(C) The Speaker of the House of Representatives shall appoint three members of the House of Representatives as members of the commission and shall designate one of such members as cochairperson. (3) Powers and duties. The commission shall meet with similar commissions of the General Assemblies of the States of North Carolina and Tennessee to establish, survey, and proclaim the true boundary lines between Georgia and North Carolina and between Georgia and Tennessee and to take such further or other action or pursue such remedy or remedies as the joint commission of the Georgia General Assembly, by a majority vote, deems proper to establish the definite and true boundary lines between Georgia and North Carolina and Georgia and Tennessee. (4) Meetings. The cochairpersons shall call all meetings of the commission. 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 resolution. (5) Allowances and funding. (A) The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. The allowances authorized by this resolution shall not be received by any member of the commission for more than 15 days unless additional days are authorized. Funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the Senate and the House of Representatives. (B) In order to effectively carry out its duties and responsibilities, such commission may employ consultants and contract with persons, firms, or corporations to provide research and other assistance as the commission deems proper and necessary; provided, however, that the amount of any funds proposed to be spent for such services shall first be approved, in writing, by the Speaker of the House of Representatives and President of the Senate. (6) Report. (A) The commission shall issue a report of its findings, work, and meetings with similar commissions from North Carolina and Tennessee and shall report the resolution of any boundary line questions or recommendations. The cochairpersons shall file a report of the same prior to the date of abolishment specified in this resolution, subject to subparagraph (C) of this paragraph. (B) In the event the commission adopts a report that does not include suggestions for proposed legislation, the cochairpersons shall file the report, subject to subparagraph (C) of this paragraph. (C) No report shall be filed unless the same has been approved prior to the date of abolishment specified in this resolution by majority vote of a quorum of the commission. A report so approved shall be signed by the cochairpersons of the commission and filed with the Secretary of the Senate and the Clerk of the House of Representatives.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(D) In the absence of an approved report, the cochairpersons may file with the Secretary of the Senate and the Clerk of the House of Representatives copies of the minutes of the meetings of the commission in lieu thereof. (7) Abolishment. The commission shall stand abolished on December 1, 2018.

Approved May 8, 2018.

__________

INSURANCE PROTECTION AND GUARANTEE OF SERVICE FOR HEALTH INSURANCE CONSUMERS ACT.

No. 549 (House Bill No. 64).

AN ACT

To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general insurance provisions, so as to provide for the compensation of health insurance agents in certain situations; to provide for definitions; to provide for exceptions; to provide for the Commissioner's authority; to provide a short title; 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. This Act shall be known and may be cited as the "Protection and Guarantee of Service for Health Insurance Consumers Act."

SECTION 2. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general insurance provisions, is amended by adding a new Code section to read as follows:
"33-24-59.23. (a) As used in this Code section, the term:
(1) 'Agent' shall have the same meaning as in Code Section 33-23-1. (2) 'Carrier' means any entity licensed to provide health insurance in this state and which is subject to state insurance regulation. (3) 'Health benefit plan' shall have the same meaning as in Code Section 33-30A-1. (4) 'Premium' means the consideration paid in exchange for coverage under a health benefit plan.

GEORGIA LAWS 2018 SESSION

1075

(b) Any carrier that issues a health benefit plan in this state through an agent shall pay a commission to such agent, consistent with the amount proposed in the rates filed with the department, as required by the Commissioner. Such commission shall be structured to compensate the agent for the first term and for each renewal term thereafter, so long as such agent reviews coverage and provides ongoing customer service for such plan; provided, however, that no such compensation shall be required for any individual health benefit plan sold during a special enrollment period. Nothing in this Code section is intended or shall be construed to require a carrier to pay a commission to an agent who is employed by such carrier. (c) The Commissioner shall adopt such rules and regulations he or she deems necessary for the administration of this Code section."

SECTION 3. This Act shall be applicable to policies issued or renewed on or after January 1, 2019.

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

Approved May 8, 2018.

__________

REVENUE AND TAXATION SALES AND USE TAXES; EXEMPTION.

No. 550 (House Bill No. 793).

AN ACT

To amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding sales and use tax, so as to provide for an exemption for certain aquarium construction; to provide for an exemption for personal property used for construction of a certain museum; to provide for automatic repeal; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding sales and use tax, is amended by revising paragraph (76) of Code Section 48-8-3, relating to exemptions from sales tax, as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(76)(A) The sale or use of tangible personal property used for or in the renovation or expansion of an aquarium located in this state that charges for admission and that is owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, to the extent provided in subparagraphs (B) and (C) of this paragraph.
(B) This exemption shall apply from July 1, 2018, until January 1, 2022, or until the aggregate state sales and use tax refunded pursuant to this paragraph exceeds $4.5 million, whichever occurs first. A qualifying aquarium 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 will not include interest. (C) This exemption shall apply from July 1, 2018, until January 1, 2022, 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, 5, or 5A 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, 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 aquarium facility after completion of construction and all tangible personal property that becomes incorporated into the real property structures of the aquarium facility. The exemption excludes all items that remain tangible personal property in the possession of a contractor after the completion of construction. (F) Notwithstanding Code Sections 48-2-15, 48-7-60, and 48-7-61, by June 30 each year, any taxpayer seeking to claim the exemption provided for in subparagraph (A) of this paragraph shall electronically submit to the department, at the time of application for the exemption and any such annual renewal, the total number of visitors admitted, the average monthly number of full-time employees, and the total amount of exempt purchases made by the taxpayer in the preceding calendar year. The department shall then issue a report to the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee containing such information;"

SECTION 2. Said article is further amended in Code Section 48-8-3, relating to exemptions from sales tax, by deleting "or" at the end of subparagraph (E) of paragraph (99), by replacing the period with

GEORGIA LAWS 2018 SESSION

1077

"; or" at the end of subparagraph (C) of paragraph (100), and by adding a new paragraph to read as follows:
"(101)(A) The sale or use of tangible personal property used for the construction of a museum. For purposes of this exemption, the term 'museum' means a facility that contains a main building with a permanent gallery that is at least 57,000 square feet in size, three temporary galleries, a theater, a garage for restoration or storage that is at least 26,500 square feet, and an outdoor pavilion; is owned or operated, either directly or indirectly, by an entity that is incorporated in this state as a nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; and celebrates, as its primary mission, the diverse heritage of automobiles through changing exhibits while providing educational and engaging experiences 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, 2018, until December 31, 2020. Notwithstanding the foregoing, the aggregate state and local sales and use tax refunded pursuant to this paragraph shall not exceed $960,000.00. 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, 2018, until December 31, 2020, 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, 5, or 5A 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; provided, however, that 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 museum after completion of construction and all tangible personal property that becomes incorporated into the real property structures of the museum. The exemption excludes all items that remain tangible personal property in the possession of a contractor after the completion of construction. (F) Notwithstanding Code Sections 48-2-15, 48-7-60, and 48-7-61, by June 30 of each year, any taxpayer seeking to claim the exemption provided for in subparagraph (A) of this paragraph shall electronically submit to the department, at the time of application for the exemption and any such annual renewal, the total number of visitors admitted,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

the average monthly number of full-time employees, and the total amount of exempt purchases made by the taxpayer in the preceding calendar year. The department shall then issue a report to the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee containing such information. (G) This paragraph shall be automatically repealed on January 1, 2021."

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, 2018.

__________

INSURANCE HEALTH CARE PROVIDERS; CHOOSE METHOD FOR REIMBURSEMENT; DISSEMINATION
OF CERTAIN INFORMATION FROM INSURERS TO HEALTH CARE PROVIDERS.

No. 551 (House Bill No. 818).

AN ACT

To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that a health care provider shall choose the method by which such provider shall be reimbursed by an insurer for health care services performed; to provide for definitions; to provide for the dissemination of certain information from health insurers to health care providers; to provide for waiver and enforcement powers for violations; 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 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:
"33-24-59.23. (a) As used in this chapter, the term:

GEORGIA LAWS 2018 SESSION

1079

(1) 'Care management organization' means an entity that is organized for the purpose of providing or arranging health care, which has been granted a certificate of authority by the Commissioner as a health maintenance organization pursuant to Chapter 21 of this title, and which has entered into a contract with the Department of Community Health to provide or arrange health care services on a prepaid, capitated basis to members. (2) 'Credit card payment' means a type of electronic funds transfer in which a health insurance plan or health insurer or its contracted vendor issues a single-use series of numbers associated with the payment of health care services performed by a health care provider and chargeable to a predetermined dollar amount, whereby the health care provider is responsible for processing the payment by a credit card terminal or Internet portal. Such term shall include virtual or online credit card payments, whereby no physical credit card is presented to the health care provider and the single-use credit card expires upon payment processing. (3) 'Electronic funds transfer' means an electronic funds transfer through the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, standard automated clearing-house network. (4) 'Health care provider' means any physician, dentist, podiatrist, pharmacist, optometrist, psychologist, registered optician, licensed professional counselor, physical therapist, chiropractor, hospital, or other entity or person that is licensed or otherwise authorized in this state to furnish health care services. (5) 'Health care services' means the examination or treatment of persons for the prevention of illness or the correction or treatment of any physical or mental condition resulting from illness, injury, or other human physical problem and includes, but is not limited to:
(A) Hospital services which include the general and usual services and care, supplies, and equipment furnished by hospitals; (B) Medical services which include the general and usual services and care rendered and administered by doctors of medicine, doctors of dental surgery, and doctors of podiatry; and (C) Other health care services which include appliances and supplies; nursing care by a registered nurse or a licensed practical nurse; care furnished by such other licensed practitioners; institutional services including the general and usual care, services, supplies, and equipment furnished by health care institutions and agencies or entities other than hospitals; physiotherapy; ambulance services; drugs and medications; therapeutic services and equipment including oxygen and the rental of oxygen equipment; hospital beds; iron lungs; orthopedic services and appliances including wheelchairs, trusses, braces, crutches, and prosthetic devices including artificial limbs and eyes; and any other appliance, supply, or service related to health care. (6) 'Health insurance plan' means any hospital or medical insurance policy or certificate; health plan contract or certificate; qualified higher deductible health plan; health maintenance organization subscriber contract; any contract providing benefits for dental

1080

GENERAL ACTS AND RESOLUTIONS, VOL. I

care whether such contract is pursuant to a medical insurance policy or certificate; stand-alone dental plan, health maintenance provider contract, managed health care plan, self-insured plan, or otherwise; or any health insurance plan established pursuant to Article 1 of Chapter 18 of Title 45. (7) 'Health insurer' means any entity or person engaged as an indemnitor, surety, or contractor that issues insurance, annuity or endowment contracts, subscriber certificates, or other contracts of insurance by whatever name called. Health care plans under Chapter 20A of this title and health maintenance organizations are health insurers within the meaning of this chapter. (b) Any health insurance plan issued, amended, or renewed on or after January 1, 2019, between a health insurer or its contracted vendor or a care management organization and a health care provider for the provision of health care services to a plan enrollee shall not contain restrictions on methods of payment from the health insurer or its vendor or the care management organization to the health care provider in which the only acceptable payment method is a credit card payment. (c) If initiating or changing payments to a health care provider using electronic funds transfer payments, including virtual credit card payments, a health insurance plan, health insurer or its contracted vendor, or care management organization shall: (1) Notify the health care provider if any fees are associated with a particular payment method; and (2) Advise the provider of the available methods of payment and provide clear instructions to the health care provider as to how to select an alternative payment method. (d) The provisions of this Code section shall not be waived by contract, and any contractual clause in conflict with the provisions of this Code section or that purport to waive any requirements of this Code section are void. (e) Violations of this Code section shall be subject to enforcement by the Commissioner."

SECTION 2. This Act shall become effective on January 1, 2019.

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

Approved May 8, 2018.

GEORGIA LAWS 2018 SESSION
INSURANCE LIMITED CREDIT INSURANCE AGENCY LICENSE.

1081

No. 553 (House Bill No. 938).

AN ACT

To amend Code Section 33-23-12 of the Official Code of Georgia Annotated, relating to limited licenses, so as to provide for a limited credit insurance agency license; to provide for requirements; to provide for application to the Commissioner; to provide for penalties; to provide for a decision appeal; to provide for license renewal; 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 33-23-12 of the Official Code of Georgia Annotated, relating to limited licenses, is amended by revising subsection (a) and adding a new subsection to read as follows:
"33-23-12. (a) Except as provided in subsection (b) of this Code section for credit insurance licenses, subsection (b.1) of this Code section, subsection (c) of this Code section for rental companies, subsection (d) of this Code section for portable electronics, and subsection (f) of this Code section for travel insurance, the Commissioner may provide by rule or regulation for licenses which are limited in scope to specific lines or sublines of insurance.
(b.1)(1) In lieu of requiring individual employees to obtain a limited credit insurance license pursuant to the provisions of subsection (b) of this Code section, any business entity that sells, solicits, or negotiates the lines or sublines of credit insurance pursuant to paragraph (5) of subsection (b) of this Code section may make application to the Commissioner for a limited credit insurance agency license so long as:
(A) The entity examines the character and fitness of each of its employees that sell, solicit, or negotiate credit insurance on its behalf to the satisfaction of the Commissioner, including but not limited to performing criminal background checks; (B) The entity provides at least five hours of training in minimum basic insurance concepts and credit insurance subjects to its employees who sell, solicit, or negotiate credit insurance on its behalf prior to allowing these employees to sell, solicit or negotiate such insurance. The Commissioner shall approve materials for this training course in a manner provided for by rules and regulations. The entity shall maintain records of compliance with this subparagraph and shall submit such records upon the Commissioner's request; (C) The entity provides at least two hours of annual continuing education courses taught by such entity or an insurer to its employees who sell, solicit, or negotiate credit

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GENERAL ACTS AND RESOLUTIONS, VOL. I

insurance on its behalf. The Commissioner shall approve materials for this training course by rules and regulations. Such entity shall maintain records of compliance with this subparagraph and shall submit such records upon the request of the Commissioner; (D) The entity submits to the Commissioner along with its application for licensure a list of employees who sell, solicit, or negotiate credit insurance on behalf of the entity in a manner prescribed by the Commissioner. Such entity shall update such employee list in a manner prescribed by the Commissioner; and (E) The entity submits to the Commissioner with its application for licensure a list of all physical locations where its employees sell, solicit, or negotiate credit insurance on its behalf. The entity shall update such list in a manner prescribed by the Commissioner. (2) The entity shall make application to the Commissioner for a limited credit insurance agency license in such form or forms and providing such information as the Commissioner may prescribe and shall pay an initial license fee pursuant to Code Section 33-8-1 or as provided for by rules and regulations. (3) The lines or sublines of insurance included in the scope of authority of limited credit insurance agency licenses issued under this subsection shall include such licenses as provided for in paragraph (5) of subsection (b) of this Code section. (4) Any limited credit insurance agency license issued under this subsection shall also authorize any employee of such limited licensee to act individually on behalf and under the supervision of such limited licensee with respect to selling, soliciting, and negotiating the kinds of coverage specified in this subsection only and any such employee shall be authorized to receive related compensation, notwithstanding any other provision of law. (5) In the event that any provision of this title is violated by a limited licensee or any employee selling, soliciting, or negotiating credit insurance on behalf of such limited licensee, the Commissioner may: (A) Revoke, suspend, or place on probation the entity's limited credit insurance agency license issued under this subsection in accordance with the provisions of Code Sections 33-23-21 and 33-23-22, and the procedures for notice and the conduct of hearings pursuant to Chapter 2 of this title; or (B) Impose such other penalties, including but not limited to suspending the transaction of insurance at specific locations where violations of this subsection have occurred as the Commissioner determines to be necessary or convenient to carry out the purposes of this subsection in accordance with the procedures for notice and the conduct of hearings set forth in Chapter 2 of this title. (6) An appeal from any order or decision of the Commissioner made pursuant to this subsection shall be conducted pursuant to Chapter 2 of this title. (7) Limited credit insurance agency licenses issued pursuant to this Code section shall renew biennially on December 31 of the applicable renewal year. The entity shall make application for renewal to the Commissioner for such licenses in such form or forms and containing such information required by the Commissioner and shall pay a renewal license fee pursuant to Code Section 33-8-1 and rules and regulations."

GEORGIA LAWS 2018 SESSION
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

1083

Approved May 8, 2018.

__________

TORTS RECREATIONAL USE OF PROPERTY; EFFECT OF CHARGING ADMISSION PRICE OR FEE.

No. 554 (House Bill No. 904).

AN ACT

To amend Code Section 51-3-25 of the Official Code of Georgia Annotated, relating to certain liability not limited, so as to clarify provisions relating to the effect of an owner of land charging an admission price or fee; 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 51-3-25 of the Official Code of Georgia Annotated, relating to certain liability not limited, is amended by revising paragraph (2) as follows:
"(2) On a date when the owner of land charges any individual who lawfully enters such land for recreational use and any individual is injured in connection with the recreational use for which the charge was made, provided that, in the case of land leased to the state or a subdivision thereof, any consideration received by the owner for the lease shall not be deemed a charge within the meaning of this Code section."

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

Approved May 8, 2018.

1084

GENERAL ACTS AND RESOLUTIONS, VOL. I
INSURANCE INSURANCE COMPLIANCE SELF-EVALUATIVE PRIVILEGE; REPEAL
APPLICABILITY AND SUNSET PROVISIONS.

No. 555 (House Bill No. 592).

AN ACT

To amend Code Section 33-2-34 of the Official Code of Georgia Annotated, relating to insurance compliance self-evaluative privilege, so as to repeal the applicability and sunset provisions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 33-2-34 of the Official Code of Georgia Annotated, relating to insurance compliance self-evaluative privilege, is amended by revising subsection (i) as follows: See Compiler's Note, Page 1084.

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

Compiler's Note - Section 1 revised subsection (i) of Code Section 33-2-34. The stricken text reads as follows:
"(i) This Code section shall apply to self-evaluative audits completed before June 30, 2018, but shall not apply to any such audits completed on or after July 1, 2018, unless authorized by the General Assembly prior to that date."

Approved May 8, 2018.

GEORGIA LAWS 2018 SESSION
PUBLIC UTILITIES AND PUBLIC TRANSPORTATION APPLICABILITY OF COST RECOVERY OF FINANCING CONSTRUCTION OF NUCLEAR GENERATING PLANT.

1085

No. 556 (Senate Bill No. 355).

AN ACT

To amend Code Section 46-2-25 of the Official Code of Georgia Annotated, relating to procedure for changing any rate, charge, classification, or service and recovery of financing costs, so as to change the applicability of certain provisions relating to the recovery of the costs of financing the construction of a nuclear generating plant; 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 46-2-25 of the Official Code of Georgia Annotated, relating to procedure for changing any rate, charge, classification, or service and recovery of financing costs, is amended by revising paragraph (1) of subsection (c.1) as follows:
"(c.1)(1) Notwithstanding any provision to the contrary, a utility shall recover from its customers, as provided in this subsection, the costs of financing associated with the construction of a nuclear generating plant which has been certified by the commission prior to January 1, 2018. The financing charges shall accrue on all applicable certified costs as they are recorded in the utility's construction work in progress accounts pursuant to generally accepted accounting and regulatory principles as approved by the commission. The financing costs shall be based on the utility's actual cost of debt, as reflected in its annual surveillance report filed with the commission, and based on the authorized cost of equity capital and capital structure as determined by the commission when setting the utility's current base rates. These financing costs shall be recovered from each customer through a separate rate tariff and allocated on an equal percentage basis to standard base tariffs which are designed to collect embedded capacity costs. The commission shall retain the discretion to consider the effect of this tariff when setting the level of any senior or low income assistance it may authorize; provided, however, that the income qualification for such assistance shall be 200 percent of the federal poverty level."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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

Approved May 8, 2018.

__________

EDUCATION BOARD OF REGENTS; FREE SPEECH AND FREE PRESS POLICIES.

No. 557 (Senate Bill No. 339).

AN ACT

To amend Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and university system, so as to require the board of regents to develop a policy providing for free speech or free press to be implemented at all institutions of the university system; to provide requirements for such policy; to provide for reports and the content of reports; to provide for disciplinary measures; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the board of regents and university system, is amended by adding a new part to read as follows:

"Part 1D

20-3-48. (a) The board of regents shall adopt regulations and policies relevant to free speech and expression on the campuses of state institutions of higher education that address the following:
(1) To assure that freedom of speech or of the press is protected for all persons; (2) To foster the discovery, improvement, transmission, and dissemination of knowledge by means of research, teaching, discussion, and debate of different ideological positions; (3) Each such institution shall maintain and publish policies addressing content-neutral time, place, and manner restrictions on expressive activities with the least restrictive means, in accordance with relevant First Amendment jurisprudence, necessary for providing use of facilities and resources under the control of the institution to all student

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groups and invited speakers, including security and rental fees for such use, to foster the discovery, improvement, transmission, and dissemination of knowledge by means of research, teaching, discussion, and debate of different ideological positions; (4) To assure that each such institution does not shield students, staff, or individuals on campus from speech protected by the First Amendment of the United States Constitution, including ideas and opinions which such students, staff, or individuals on campus find unwelcoming, disagreeable, or even offensive; (5) To assure students and faculty are permitted to assemble and engage in spontaneous expressive activity, as long as such activity is not unlawful and does not disrupt or interfere with the functioning of the institution or classroom instruction, and complies with the applicable institution's content-neutral time, place, and manner restrictions; (6) To assure that each such institution is open to any invited speaker whom a student group or members of the faculty have invited, provided any such speaker complies with the applicable institution's content-neutral time, place, and manner restrictions; and (7) To assure that any student or his or her invitee lawfully present on campus of these institutions may peacefully protest or demonstrate, provided any such students or invitees comply with the applicable institution's content-neutral time, place, and manner restrictions and:
(A) Do not interfere with other previously scheduled events or activities on campus occurring at the same time; and (B) Do not prevent professors or other instructors from maintaining order in the classroom. (b) Subject to notice, hearing, and due process requirements, the board of regents shall establish a range of disciplinary sanctions for anyone under the jurisdiction of the state institution of higher learning who is found by his or her conduct to have interfered with the board of regents' regulations and policies relevant to free speech and expression on the campus of each such institution.

20-3-48.1 The board of regents shall make and publish an annual report and provide a copy to the Governor and each chamber of the General Assembly on July 1 of each year addressing the following from the previous calendar year:
(1) Any barriers to, or disruptions of, free expression within state institutions of higher education; (2) Administrative response and discipline relating to violation of regulations and policies established pursuant to Code Section 20-3-48; (3) Actions taken by state institutions of higher learning, including difficulties, controversies, or successes, in maintaining a posture of administrative and institutional neutrality with regard to political or social issues; and (4) Any assessments, criticisms, commendations, or recommendations the board of regents deems appropriate to further include in the report.

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20-3-48.2. (a) Nothing in Code Section 20-3-48 shall be construed to prevent institutions from regulating student speech or activity that is prohibited by law. (b) Except as further limited by this part, institutions shall be allowed to restrict student expression only for expressive activity not protected by the First Amendment and shall be able to require reasonable time, place, and manner restrictions on expressive activities consistent with Code Section 20-3-48."

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

Approved May 8, 2018.

__________

EDUCATION HOPE SCHOLARSHIPS AND GRANTS; GEORGIA NATIONAL GUARD AND RESERVISTS; RESIDENCY REQUIREMENTS.

No. 558 (Senate Bill No. 82).

AN ACT

To amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to provide that members of the Georgia National Guard and reservists meet residency 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. Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, is amended in Code Section 20-3-519.1, relating to eligibility for HOPE scholarships and grants, by revising paragraph (1) of subsection (a) as follows:
"(1) Meets residency requirements by: (A)(i) Being classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Technical College System of Georgia; and

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(ii)(I) If the student was classified as a legal resident of Georgia at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in division (i) of this subparagraph for a period of at least 12 months immediately prior to the first day of classes for which the scholarship or grant is to be awarded; or (II) If the student was not classified as a legal resident at the time of graduation from high school or from a home study program meeting the requirements of Code Section 20-2-690, then the student must have met the requirements set forth in division (i) of this subparagraph for a period of at least 24 months immediately prior to the first day of classes for which the scholarship or grant is to be awarded; or (B) Being classified as a legal resident of Georgia if such student is a member of the Georgia National Guard; a member of a reserve component of the armed forces of the United States located in Georgia; or an active duty military service member or the spouse or dependent child of an active duty military service member and the active duty military service member is stationed in Georgia or lists Georgia as his or her home of record; and"

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

Approved May 8, 2018.

__________

WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES COMMERCE AND TRADE COURTS GUARDIAN AND WARD REUSED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT.

No. 560 (Senate Bill No. 301).

AN ACT

To amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to enact the "Revised Uniform Fiduciary Access to Digital Assets Act"; to extend a fiduciary's powers to include managing tangible property and digital assets; to provide for exceptions; to provide for a short title; to provide for definitions; to amend Chapter 6B of Title 10, Article 2 of Chapter 9 of Title 15, Title 29, and Code Section 53-12-2 of the Official Code of Georgia Annotated, relating to the "Uniform Power of Attorney Act," jurisdiction, power, and duties of the probate court, guardian and ward, and

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definitions for trust, respectively, so as to provide conforming cross-references for a conservator; 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 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, is amended by adding a new chapter to read as follows:

"CHAPTER 13 ARTICLE 1

53-13-1. This chapter shall be known and may be cited as the 'Revised Uniform Fiduciary Access to Digital Assets Act.'

53-13-2. As used in this chapter, the term:
(1) 'Account' means an arrangement under a terms-of-service agreement in which a custodian provides goods or services to the user. (2) 'Agent' means an attorney in fact granted authority under a durable or nondurable power of attorney, including a person granted authority to act in the place of an individual under Chapter 6B of Title 10 and a person serving under a financial power of attorney created pursuant to Article 7 of Chapter 6 of Title 10 as it existed on June 30, 2017. Such term shall not include a health care agent, as defined in paragraph (6) of Code Section 31-32-2, nor a person serving under a conditional power of attorney, as defined in subsection (a) of Code Section 10-6-6, unless the conditional power of attorney has become effective at a specified time or on the occurrence of a specified event or contingency. (3) 'Catalogue of electronic communications' means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person.
(4)(A) 'Conservator' means a person appointed: (i) Pursuant to Code Section 7-1-640 or 7-1-643; (ii) By a court to manage the estate of a living individual; or (iii) By a court pursuant to Article 2 of Chapter 9 of this title to manage the estate of an individual who is missing or believed to be dead.
(B) Such term shall include a guardian of the property appointed prior to July 1, 2005. (5) 'Content of an electronic communication' means information concerning the substance or meaning of the communication which:

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(A) Has been sent or received by a user; (B) Is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and (C) Is not readily accessible to the public. (6) 'Court' means the probate court. (7) 'Custodian' means a person that engages in the transmission of, maintains, processes, receives, or stores a digital asset or electronic communication of another person. (8) 'Designated recipient' means a person chosen by a user using an online tool to administer digital assets of the user. (9) 'Digital asset' means an electronic record in which an individual has a right or interest. Such term shall not include an underlying asset or liability unless the asset or liability is itself an electronic record. (10) 'Electronic' means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (11) 'Electronic communication' has the meaning set forth in 18 U.S.C. Section 2510(12), effective January 1, 2018. (12) 'Electronic communication service' means a custodian that provides to a user the ability to send or receive an electronic communication. (13) 'Fiduciary' means an original, additional, or successor personal representative, conservator, agent, or trustee. (14) 'Information' includes data, text, images, videos, sounds, codes, computer programs, software, and databases. (15) 'Online tool' means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. (16) 'Person' means an individual, estate, business or nonprofit entity, corporation, business trust, trust, partnership, limited liability company, association, unincorporated organization, joint venture, commercial entity, joint-stock company, public corporation, government or governmental subdivision, agency, instrumentality, other legal or commercial entity. (17) 'Personal representative' means an executor, administrator, county administrator, administrator with the will annexed, or special administrator. (18) 'Power of attorney' means a writing or other record that grants a person authority to act in the place of an individual, including a conditional power of attorney, as defined in subsection (a) of Code Section 10-6-6, a power of attorney created pursuant to Chapter 6B of Title 10, and a financial power of attorney created pursuant to Article 7 of Chapter 6 of Title 10 as it existed on June 30, 2017. (19) 'Principal' means an individual who grants authority to a person to act in the place of such individual in a power of attorney.

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(20) 'Protected person' means an individual for whom a conservator has been appointed, including a minor, as defined in Code Section 29-1-1, and a ward, as defined in Code Section 29-1-1. Such term shall include an individual for whom a petition for the appointment of a conservator is pending, including both a proposed ward, as defined in Code Section 29-1-1, and a respondent, as defined in Code Section 29-11-2. (21) '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. (22) 'Remote computing service' means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. Section 2510(14), in effect on January 1, 2018. (23) 'Terms-of-service agreement' means an agreement that controls the relationship between a user and a custodian. (24) 'Trustee' means a person with legal title to property under a trust instrument, as defined in Code Section 53-12-2, that creates a beneficial interest in another. Such term shall include a successor trustee. (25) 'User' means a person whose digital asset or electronic communication is carried, maintained, processed, received, or stored by a custodian or to which a custodian provides services. (26) 'Will' means the legal declaration of an individual's testamentary intention regarding such individual's property or other matters. Such term shall include all codicils to such legal declaration, a testamentary instrument that only appoints an executor, and an instrument that revokes or revises a testamentary instrument.

53-13-3. (a) This chapter shall apply to a:
(1) Fiduciary acting under a will or power of attorney; (2) Personal representative acting for a decedent; (3) Conservatorship; and (4) Trustee. (b) This chapter shall apply to a custodian if the user resides in this state or resided in this state at the time of the user's death. (c) This chapter shall not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.

ARTICLE 2

53-13-10. (a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction

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at all times, a direction regarding disclosure using an online tool shall override a contrary direction by the user in a will, trust, power of attorney, or other record. (b) If a user has not used an online tool to give direction under subsection (a) of this Code section or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user. (c) A user's direction under subsection (a) or (b) of this Code section shall override a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.

53-13-11. (a) This chapter shall not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This chapter shall not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents. (c) A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under Code Section 53-13-10.

53-13-12. (a) When disclosing digital assets of a user under this chapter, the custodian may at its sole discretion:
(1) Grant a fiduciary or designated recipient full access to the user's account; (2) Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or (3) Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account. (b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter. (c) A custodian need not disclose under this chapter a digital asset deleted by a user. (d) If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose: (1) A subset limited by date of the user's digital assets; (2) All of the user's digital assets to the fiduciary or designated recipient; (3) None of the user's digital assets; or

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(4) All of the user's digital assets to the court for review in camera.

53-13-13. If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian:
(1) A written request for disclosure in physical or electronic form; (2) A certified copy of the death certificate of the user; (3) A certified copy of the letters testamentary, letters of administration, or other letters of appointment of the personal representative; (4) Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and (5) If requested by the custodian:
(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (B) Evidence linking the account to the user; or (C) A finding by the court that:
(i) The user had a specific account with the custodian, identifiable by the information specified in subparagraph (A) of this paragraph; (ii) Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Section 2701, in effect on January 1, 2018; 47 U.S.C. Section 222, in effect on January 1, 2018; or other applicable law; (iii) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or (iv) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.

53-13-14. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the personal representative gives the custodian:
(1) A written request for disclosure in physical or electronic form; (2) A certified copy of the death certificate of the user; (3) A certified copy of the letters testamentary, letters of administration, or other letters of appointment of the personal representative; and (4) If requested by the custodian:

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(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (B) Evidence linking the account to the user; (C) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or (D) A finding by the court that:
(i) The user had a specific account with the custodian, identifiable by the information specified in subparagraph (A) of this paragraph; or (ii) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.

53-13-15. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:
(1) A written request for disclosure in physical or electronic form; (2) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal; (3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and (4) If requested by the custodian:
(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or (B) Evidence linking the account to the principal.

53-13-16. Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:
(1) A written request for disclosure in physical or electronic form; (2) An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal; (3) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and (4) If requested by the custodian:
(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or (B) Evidence linking the account to the principal.

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53-13-17. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.

53-13-18. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:
(1) A written request for disclosure in physical or electronic form; (2) A certified copy of the trust instrument or a certification of the trust under Code Section 53-12-280 that includes consent to disclosure of the content of electronic communications to the trustee; (3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and (4) If requested by the custodian:
(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or (B) Evidence linking the account to the trust.

53-13-19. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:
(1) A written request for disclosure in physical or electronic form; (2) A certified copy of the trust instrument or a certification of the trust under Code Section 53-12-280; (3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and (4) If requested by the custodian:
(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or (B) Evidence linking the account to the trust.

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53-13-20. (a) After an opportunity for a hearing under paragraph (2) of subsection (b) of Code Section 29-3-22 or paragraph (2) of subsection (b) of Code Section 29-5-23, the court may grant a conservator access to the digital assets of a protected person. (b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the custodian:
(1) A written request for disclosure in physical or electronic form; (2) A certified copy of the court order that gives the conservator authority over the digital assets of the protected person; and (3) If requested by the custodian:
(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or (B) Evidence linking the account to the protected person. (c) A conservator with general authority to manage the assets of a protected person may request that a custodian of the digital assets of the protected person suspend or terminate an account of the protected person for good cause. A request made under this Code section shall be accompanied by a certified copy of the court order giving the conservator authority over the protected person's property.

ARTICLE 3

53-13-30. (a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including the duty of care, loyalty, and confidentiality. (b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:
(1) Except as otherwise provided in Code Section 53-13-10, shall be subject to the applicable terms of service; (2) Shall be subject to other applicable law, including copyright law; (3) In the case of a fiduciary, shall be limited by the scope of the fiduciary's duties; and (4) May not be used to impersonate the user. (c) A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor has or had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. (d) A fiduciary acting within the scope of the fiduciary's duties shall be an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of liability under applicable computer fraud and unauthorized computer access laws, including Article 6 of Chapter 9 of Title 16.

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(e) A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor shall:
(1) Have the right to access the property and any digital asset stored in it; and (2) Be an authorized user for the purpose of computer fraud and unauthorized computer access laws, including Article 6 of Chapter 9 of Title 16. (f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user. (g) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination shall be in writing, in either physical or electronic form, and accompanied by: (1) If the user is deceased, a certified copy of the death certificate of the user; (2) A certified copy of the letters testamentary, letters of administration, or other letters of appointment of the personal representative, court order, power of attorney, or trust giving the fiduciary authority over the account; and (3) If requested by the custodian:
(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (B) Evidence linking the account to the user; or (C) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A) of this paragraph.

53-13-31. (a) Not later than 60 days after receipt of the information required under Code Sections 53-13-13 through 53-13-30, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance. (b) An order under subsection (a) of this Code section directing compliance shall contain a finding that compliance is not in violation of 18 U.S.C. Section 2702, in effect on July 1, 2018. (c) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter. (d) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request. (e) This chapter shall not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order that:
(1) Specifies that an account belongs to the protected person or principal;

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(2) Specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and (3) Contains a finding required by law other than this chapter. (f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.

ARTICLE 4

53-13-40. 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)."

SECTION 2. Chapter 6B of Title 10 of the Official Code of Georgia Annotated, relating to the "Uniform Power of Attorney Act," is amended by revising paragraph (10) of Code Section 10-6B-2, relating to definitions, as follows:
"(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 and shall include digital assets and electronic communications, as such terms are defined in Code Section 53-13-2."

SECTION 3. Said chapter is further amended by revising paragraph (8) of subsection (a) of Code Section 10-6B-40, relating to agent authority that requires a specific grant and granting of general authority, as follows:
"(8) Exercise authority over the content of electronic communications, as such term is defined in Code Section 53-13-2, sent or received by the principal; or"

SECTION 4. Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties of the probate court is amended in subsection (a) of Code Section 15-9-30, relating to subject matter jurisdiction and powers and duties generally, by renumbering paragraphs (10) and (11) as paragraphs (11) and (12), respectively, and adding a new paragraph (10) to read as follows:
"(10) All matters as may be conferred on them by Chapter 13 of Title 53."

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SECTION 5. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by revising paragraph (1) of subsection (b) of Code Section 29-3-22, relating to the powers of a conservator and cooperation with the guardian of a minor, as follows:
"(b)(1) In the petition for appointment, or at any time during the conservatorship, the conservator may request the continuing power to:
(A) Invest the minor's property in investments other than those authorized in Code Section 29-3-32, pursuant to the provisions of Code Section 29-3-34, without further court approval of any investment; (B) Sell, rent, lease, exchange, or otherwise dispose of any or all of the minor's real or personal property without complying with the provisions of Code Section 29-3-35, other than the provisions for additional bond set forth in subsection (e) of Code Section 29-3-35; (C) Continue the operation of any farm or business in which the minor has an interest; or (D) Access the digital assets of the minor, pursuant to Code Section 53-13-20."

SECTION 6. Said title is further amended by revising paragraph (1) of subsection (b) of Code Section 29-5-23, relating to the authority of a conservator of an adult and cooperation with a guardian or other interested parties, as follows:
"(b)(1) In the petition for appointment, or at any time during the conservatorship, the conservator may request the continuing power:
(A) To invest the ward's property in investments other than those authorized in Code Section 29-5-32, pursuant to the provisions of Code Section 29-5-34, without further court approval of any investment; (B) To sell, rent, lease, exchange, or otherwise dispose of any or all of the ward's real or personal property without complying with the provisions of Code Section 29-5-35 other than the provisions for additional bond set forth in subsection (e) of Code Section 29-5-35; (C) To continue the operation of any farm or business in which the ward has an interest; or (D) To access the digital assets of the ward, pursuant to Code Section 53-13-20."

SECTION 7. Code Section 53-12-2 of the Official Code of Georgia Annotated, relating to definitions for trusts, is amended by revising paragraph (9) as follows:
"(9) 'Property' means any type of property, whether real or personal, tangible or intangible, legal or equitable, and shall include digital assets and electronic communications, as such terms are defined in Code Section 53-13-2."

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SECTION 8. This Act shall become effective on July 1, 2018.

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

Approved May 8, 2018.

__________

EDUCATION EARLY CARE AND LEARNING; SAFETY OF CHILDREN; USE OF HEARSAY EVIDENCE IN CERTAIN PRELIMINARY HEARINGS; BACKGROUND CHECKS.

No. 561 (House Bill No. 494).

AN ACT

To amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, so as to revise certain provisions relating to the safety of children in early care and education programs; to authorize hearsay in preliminary hearings regarding emergency closure of a program or the emergency placement of a monitor or monitors; to revise definitions and terminology relating to records check determinations; to provide that background checks are not valid if an individual has been separated from employment for more than 180 consecutive days from an early care and education program; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, is amended by revising subsection (h) of Code Section 20-1A-13, relating to emergency placement of monitors, emergency closure upon minor's death, and requirements and procedures, as follows:
"(h) If a hearing is requested, the preliminary hearing shall consist of a review of all oral and written evidence introduced at the hearing and any arguments made. Hearsay shall be admissible in a preliminary hearing in determining the issues relevant to emergency closure of a program or the emergency placement of a monitor or monitors. A recording shall be made of the hearing."

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SECTION 2. Said chapter is further amended by revising Code Section 20-1A-30, relating to definitions relative to background checks, as follows:
"20-1A-30. As used in this article, the term:
(1) 'Comprehensive records check determination' means a satisfactory or unsatisfactory determination by the department, based upon a Federal Bureau of Investigation fingerprint check, a search of the National Crime Information Center's National Sex Offender Registry, and a search of the following registries, repositories, or data bases in the state where the actual or potential employee or director resides and in each state where such individual resided during the preceding five years: criminal registry or repository, with the use of fingerprints being required in the state where the individual resides and optional in other states; state sex offender registry or repository; and state based child abuse and neglect registry and data base. (2) 'Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought. (3) 'Crime' means:
(A) Any felony; (B) A violation of Code Section 16-5-23 when the victim is a minor; (C) A violation of Code Section 16-5-23.1 when the victim is a minor; (D) A violation of Code Section 16-12-1; (E) A violation of Chapter 6 of Title 16; (F) A violation of Code Section 16-4-1; (G) A violation of Code Section 16-5-29; (H) A violation of Code Section 16-5-60 when the victim is a minor; (I) A violation of Code Section 16-5-70; (J) A violation of Code Section 16-12-1.1; (K) A violation of Code Section 16-12-100, 16-12-100.1, 16-12-100.2, or 16-12-100.3; (L) A violation of Code Section 40-6-391 when a child is endangered; (M) A violation of Code Section 19-7-5; or (N) Any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph. (4) 'Criminal record' means: (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; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be

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a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; 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) 'Director' means the on-site manager of a facility, designated by the legal owner, who is responsible for the supervision, operation, and maintenance of an early care and education program and meets the minimum qualifications as determined by the department. (6) 'Employee' means any person, other than a director, who is compensated by an early care and education program; or who cares for, supervises, or has unsupervised access to children at the facility; or who is 17 years of age or older and resides at the facility; or who, with or without compensation, performs duties or services that benefit the early care and education program which involve personal contact between that person and any child being cared for by the early care and education program; however, a parent or legal guardian of a child in care shall not be considered an employee unless such parent or legal guardian is deemed an employee by the early care and education program or either resides at the early care and education program or is compensated in any fashion by the early care and education program except through appropriate state or federal funds. (7) 'Employment history' means a record of where a person has worked for the past ten years. (8) 'Facility' means an early care and education program's real property at which children are received for care. (9) 'Fingerprint' means an inked fingerprint card or an electronic image of a person's fingerprint. (10) 'Fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department based upon fingerprint-based national criminal history record information. (11) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (12) 'GCIC information' means criminal history record information, as defined in Code Section 35-3-30. (13) 'Provisional employee' means an individual other than a director whose duties involve personal contact between that person and any child being cared for at the facility and who is hired for a limited period of time.

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(14) 'Records check application' means a document created by the department to be completed and submitted to the department by every actual and potential director and employee that indicates such information as the department deems appropriate and which authorizes the department to receive any sex offender registry, child abuse and neglect registry, and criminal history record information pertaining to such individual from any local, state, or national agency or appropriate jurisdiction and render a fingerprint or comprehensive records check determination. (15) 'Satisfactory determination' means a written declaration that a person for whom a fingerprint or comprehensive records check determination was performed was found to have no criminal record. (16) 'Unsatisfactory determination' means a written declaration that a person for whom a fingerprint or comprehensive records check determination was performed was found to have a criminal record."

SECTION 3. Said chapter is further amended by revising Code Section 20-1A-31, relating to records check application for potential employees and fingerprint records checks, as follows:
"20-1A-31. (a) A support center may furnish to the department a records check application for each potential employee of any licensed, commissioned, or permitted early care and education program. Before a person affiliated with a support center may become an employee of any licensed, commissioned, or permitted early care and education program, such person shall obtain a satisfactory comprehensive records check determination. All potential employees, excluding students currently enrolled in an early education curriculum through an accredited school of higher education, may submit evidence, satisfactory to the department, that such potential employee received a satisfactory comprehensive records check determination that includes a records check clearance date that is no more than 12 months old, notwithstanding Code Section 20-1A-45, or that any employee whose fingerprint records check revealed a criminal record of any kind has either subsequently received a satisfactory comprehensive records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. A student currently enrolled in an early education curriculum through an accredited school of higher education may submit evidence, satisfactory to the department, that such student received a satisfactory comprehensive records check determination that includes a records check clearance date that is no more than 24 months old, notwithstanding Code Section 20-1A-45, or that such student whose comprehensive records check determination revealed a criminal record of any kind has either subsequently received a satisfactory comprehensive records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The licensed, commissioned, or permitted early care and education program shall maintain documentation in the employee's personnel file, which is available

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to the department upon request, and which reflects that a satisfactory comprehensive records check determination was received before the employee is allowed to be present at a facility while children are present for care or to reside in a facility. If the comprehensive records check determination for any potential employee reveals a criminal record of any kind, such potential employee shall not be allowed to be present at a facility while children are present for care or to reside in a facility until such potential employee has either obtained a satisfactory comprehensive records check determination or has had the unsatisfactory comprehensive records check determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. If the comprehensive records check determination is unsatisfactory, the licensed, commissioned, or permitted early care and education program shall, after receiving notification of such unsatisfactory determination, take such steps as are necessary so that such employee is no longer present at a facility while children are present for care and no longer resides in the facility. (b) Notwithstanding the limited period of portability, every person affiliated with a support center as a potential employee of a licensed or commissioned early care and education program shall undergo additional comprehensive records checks determinations such that the time between such additional comprehensive records checks determinations and that person's previous comprehensive records check determination shall not exceed five years, notwithstanding Code Section 20-1A-45. (c) After the issuance of a registration, the department may require additional comprehensive records check determinations on any person affiliated with a support center during the course of a child abuse investigation involving such person or when the department has reason to believe such person has a criminal record that renders such person ineligible to be present at a facility while children are present for care or to reside in a facility."

SECTION 4. Said chapter is further amended by revising subsections (a) and (b) of Code Section 20-1A-32, relating to program license or commission applicants, records check requirements, and change of ownership, as follows:
"(a) Accompanying any application for a new license or commission for an early care and education program, the applicant shall furnish to the department a records check application for the director and each employee. In lieu of such records check applications, the license applicant may submit evidence, satisfactory to the department, that such individual received a satisfactory comprehensive records check determination that includes a records check clearance date that is no more than 12 months old, notwithstanding Code Section 20-1A-45, or that any director or employee whose comprehensive records check revealed a criminal record of any kind has either subsequently received a satisfactory comprehensive records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. Either the department or the appropriate agencies may charge reasonable and additional processing fees for

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providing information pursuant to a records check application as required by statute, regulation, or policy or by GCIC. (b) Each change of ownership applicant shall furnish to the department a records check application for the director and each employee. In lieu of such records check applications, the change of ownership applicant may submit evidence that the director and each employee at that facility received a satisfactory comprehensive records check determination that includes a records check clearance date that is no more than 60 months old, notwithstanding Code Section 20-1A-45, or that any director or employee whose comprehensive records check determination revealed a criminal record of any kind has either subsequently received a satisfactory comprehensive records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. Failure to comply with this provision shall prevent the department from issuing a license or commission."

SECTION 5. Said chapter is further amended by revising Code Section 20-1A-33, relating to notification to applicant on records check, as follows:
"20-1A-33. After being furnished the required records check application under Code Section 20-1A-32, the department shall notify the license, commission, or change of ownership applicant and the records check applicant in writing whether the department's determination as to a potential director or potential employee is satisfactory or unsatisfactory. If the comprehensive records check determination was satisfactory as to the potential director and each potential employee of a license applicant's facility, that applicant may be issued a license or commission for that facility if the applicant otherwise qualifies for a license or commission under Article 1 of this chapter. If the comprehensive records check determination for a potential director or any potential employee revealed a criminal record, such potential director or potential employee shall not be allowed to be present at the facility while any child is present for care or to reside in the facility until he or she either has obtained a satisfactory comprehensive records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The department shall revoke the license or commission of an early care and education program if the early care and education program fails to comply with the requirements of this Code section."

SECTION 6. Said chapter is further amended by revising Code Section 20-1A-34, relating to check of fingerprints on national level, satisfactory determination prior to employment, and additional records checks, as follows:

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"20-1A-34. (a) The department shall receive a records check application, as may be required by the department and allowed under federal law, for any individual that cares for children through a program that receives, either directly or indirectly, federal funds through the department for the care of children. Upon receipt of such records check application, the department shall comply with all rules of the GCIC and the Federal Bureau of Investigation for the request and receipt of national fingerprint based criminal history reports. Such individuals shall also submit all necessary applications, fees, and acceptable fingerprints to the GCIC. Within ten days after receiving fingerprints acceptable to GCIC, the application, and fee, GCIC shall notify the department in writing of any derogatory finding, including, but not limited to, any criminal record, of the state fingerprint records check or if there is no such finding. The GCIC shall also conduct a search of Federal Bureau of Investigation records and fingerprints and notify the department in writing of the results of such search. Upon receipt of the bureau's report, the department shall make a national fingerprint records check determination. If the fingerprint records check determination is unsatisfactory for an individual, the department shall notify the provider and the employee of such determination in writing, and no such individual shall be allowed to be present at the facility when any child is present for care or to reside in the facility until he or she either has obtained a satisfactory comprehensive records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The department shall cease to issue funds, either directly or indirectly, to any individual or program that willfully and continually fails to comply with the requirements of this Code section. (b) Every potential employee of the department or contractor performing duties on behalf of the department who may have any reason to be present at a licensed or commissioned early care and education program while any child is present for care must receive a satisfactory comprehensive records check determination or have had an unsatisfactory comprehensive records check determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45, prior to being present at a licensed or commissioned early care and education program while children are present for care. Every current employee of the department who may have any reason to be present at a licensed or commissioned early care and education program while any child is present for care must receive a satisfactory comprehensive records check determination or have had an unsatisfactory comprehensive records check determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. Every employee of the department shall undergo additional comprehensive records checks determinations such that the time between such additional comprehensive records checks determinations and that employee's previous comprehensive records check determination shall not exceed five years, notwithstanding Code Section 20-1A-45. The department shall maintain documentation in the appropriate personnel file indicating that such person has obtained such current satisfactory comprehensive records check determination or has had an unsatisfactory

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comprehensive records check determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45."

SECTION 7. Said chapter is further amended by revising Code Section 20-1A-35, relating to provisional employees, records checks requirements, and revocation of license, commission, or permit for violations, as follows:
"20-1A-35. (a) Where there is need for a provisional employee to work at a licensed, commissioned, or permitted early care and education program facility, such early care and education program may utilize an individual as a provisional employee only after the individual receives a satisfactory determination pursuant to rules and regulations promulgated by the department in accordance with this article. No such provisional employee shall be present at a facility while any child is present for care or reside in a facility until such satisfactory determination has been made. The board shall be authorized to define and enforce all regulations pertaining to provisional employees. The department may revoke the license, commission, or permit of an early care and education program if the early care and education program fails to comply with the rules and regulations pertaining to provisional employees. (b) If the department determines a licensed, commissioned, or permitted early care and education program knows or should reasonably know that a provisional employee has a criminal record and allows the provisional employee to be present at a facility while children are present for care or to reside at a facility, the department shall revoke the license, commission, or permit for that early care and education program."

SECTION 8. Said chapter is further amended by revising Code Section 20-1A-36, relating to certain offenders prohibited as employees of facilities, as follows:
"20-1A-36. No licensed, commissioned, or permitted facility operated as an early care and education program or similar facility or any operator of such a facility shall allow any person who has been convicted of or who has entered a plea of guilty or nolo contendere to any offense specified in Code Section 16-12-1.1 to be present at a facility while children are present for care or allow any such person to reside in or be domiciled at such facility in violation of Code Section 16-12-1.1. The department shall either deny the issuance of or revoke the license, commission, or registration of any such facility violating the provisions of this Code section. The powers and duties set forth in this Code section are cumulative and not intended to limit the powers and duties set forth throughout this article."

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SECTION 9. Said chapter is further amended by revising Code Section 20-1A-37, relating to individuals residing in family child care learning home or at certain programs and records check requirements, as follows:
"20-1A-37. Notwithstanding any other provision of this article, a director or employee who resides in a family child care learning home, as defined by Code Section 20-1A-2, or at any program as determined by the department and allowed under federal law to receive, either directly or indirectly, federal funds through the department for the care of children shall be required to provide a records check application to the department. Upon receipt of such records check application, the department shall comply with all the rules and regulations promulgated by the GCIC and the Federal Bureau of Investigation for the request and receipt of national fingerprint based criminal history reports. Such individuals shall also submit all necessary applications, fees, and acceptable fingerprints to the GCIC and appropriate agencies. If the comprehensive records check determination is unsatisfactory, the department shall notify the provider and the employee of such determination in writing, and no such individual shall be allowed to be present at the facility when any child is present for care or to reside in the facility until he or she either has obtained a satisfactory comprehensive records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The department shall revoke the license, commission, or permit of a family child care learning home if the family child care learning home fails to comply with the requirements of this Code section."

SECTION 10. Said chapter is further amended by revising Code Section 20-1A-38, relating to change of directors and records check requirements, as follows:
"20-1A-38. (a) If the director of a licensed, commissioned, or permitted early care and education program ceases to be the director of that early care and education program, the license holder, commission holder, or permit holder shall thereupon designate a new director. After such change, the license holder, commission holder, or permit holder of that early care and education program shall notify the department of such change and of any additional information the department may require regarding the newly designated director of that early care and education program, including a records check application. Such individuals shall also submit all necessary applications, fees, and acceptable fingerprints to GCIC and appropriate agencies. If the department determines that such newly designated director has received a satisfactory comprehensive records check determination that includes a records check clearance date that is no more than 12 months old, notwithstanding Code Section 20-1A-45, or had an unsatisfactory determination reversed pursuant to Code

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Section 20-1A-43 within the prior 12 months, notwithstanding Code Section 20-1A-45, such determination shall be deemed to be satisfactory for purposes of this article. (b) If the department determines under subsection (a) of this Code section that a licensed, commissioned, or permitted early care and education program knows or should reasonably know that the newly designated director has a criminal record or an unsatisfactory determination issued by the department that has not been reversed pursuant to Code Section 20-1A-43, notwithstanding Code Section 20-1A-45, and allows the director to be present at a facility while children are present for care or to reside in the facility, then the license, commission, or permit for that program shall be revoked."

SECTION 11. Said chapter is further amended by revising Code Section 20-1A-39, relating to potential employees, current employees and directors, records check requirements, satisfactory records check, and liability for hiring ineligible employee, as follows:
"20-1A-39. (a) Before a person may become an employee of any early care and education program after that early care and education program has received a license or commission, that early care and education program shall require that person to obtain a satisfactory comprehensive records check determination. All potential employees, excluding students currently enrolled in an early education curriculum through an accredited school of higher education, may submit evidence, satisfactory to the department, that the potential employee received a satisfactory comprehensive records check determination that includes a records check clearance date that is no more than 12 months old, notwithstanding Code Section 20-1A-45, or that any potential employee whose comprehensive records check revealed a criminal record of any kind has either subsequently received a satisfactory comprehensive records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. A student currently enrolled in an early education curriculum through an accredited school of higher education may submit evidence, satisfactory to the department, that the student received a satisfactory comprehensive records check determination that includes a records check clearance date that is no more than 24 months old, notwithstanding Code Section 20-1A-45, or that such student whose comprehensive records check determination revealed a criminal record of any kind has either subsequently received a satisfactory comprehensive records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The licensed or commissioned early care and education program shall maintain documentation in the employee's personnel file, which is available to the department upon request, which reflects that a satisfactory comprehensive records check determination was received before the employee is eligible to be present at a facility while children are present for care or to reside in a facility. If the comprehensive records check determination for any potential employee reveals a criminal record of any kind, such potential employee shall be ineligible to be present at a facility

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while children are present for care or to reside in a facility until such potential employee has either obtained a satisfactory comprehensive records check determination or has had the unsatisfactory comprehensive records check determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. If the comprehensive records check determination is unsatisfactory, the licensed or commissioned early care and education program shall, after receiving notification of such unsatisfactory determination, take such immediate steps as are necessary so that such person is no longer present at the facility while children are present for care and no longer resides in the facility. The department shall revoke the license or commission of an early care and education program if the early care and education program fails to comply with the requirements of this Code section. (b) Effective January 1, 2019, every employee and director of any licensed or commissioned early care and education program shall undergo additional comprehensive records checks determinations such that the time between such additional comprehensive records checks determinations and that employee's or director's previous comprehensive records check determination shall not exceed five years, notwithstanding Code Section 20-1A-45. The early care and education program shall maintain documentation in the appropriate personnel file, which is available to the department immediately upon request, indicating that such person has obtained such current satisfactory comprehensive records check determination or has had an unsatisfactory comprehensive records check determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The department shall revoke the license or commission of an early care and education program if the early care and education program fails to comply with the requirements of this Code section. (c) A license or commission shall be subject to revocation and the department may refuse to issue a license or commission if a director or employee does not undergo the comprehensive records check determination applicable to that director or employee and receive acceptable determinations. (d) After the issuance of a license, commission, or permit, the department may require additional comprehensive records check determinations on any director or employee when the department has reason to believe the director or employee has a criminal record that renders the director or employee ineligible to have contact with children in the early care and education program, or during the course of a child abuse investigation involving the director or employee. (e) No licensed or commissioned early care and education program may allow any person to be present at a facility while children are present for care or to reside in a facility as a director or an employee unless there is on file in the early care and education program an employment history and a satisfactory comprehensive records check determination or proof that an unsatisfactory determination has been reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The department shall revoke

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the license or commission of any early care and education program if the early care and education program fails to comply with the requirements of this Code section. (f) A license holder, commission holder, permit holder, or director of a licensed, commissioned, or permitted early care and education program that allows an employee or director about whom such license holder, commission holder, permit holder, or director knows or should reasonably know to have a criminal record that renders the employee or director ineligible to have contact with children to be present at a facility while children are present for care or to reside in a facility shall be guilty of a misdemeanor."

SECTION 12. Said chapter is further amended by adding a new Code section to read as follows:
"20-1A-45. A satisfactory comprehensive records check determination shall be no longer valid for an employee or director who has been separated from employment for more than 180 consecutive days from an early care and education program or any program that received, either directly or indirectly, federal funds through the department for the care of children."

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

Approved May 8, 2018.

__________

OFFICIAL CODE OF GEORGIA ANNOTATED REVISE, MODERNIZE, CORRECT ERRORS OR OMISSIONS IN, AND REENACT CODE.

No. 562 (Senate Bill No. 365).

AN ACT

To amend the Official Code of Georgia Annotated, so as to revise, modernize, correct errors or omissions in, and reenact the statutory portion of said Code, as amended, in furtherance of the work of the Code Revision Commission; to repeal portions of said Code, or Acts in amendment thereof, which have become obsolete, have been declared to be unconstitutional, or have been preempted or superseded by subsequent laws; to codify principles of law derived from decisions of the state Supreme Court; to provide for other matters relating to revision, reenactment, and publication of said Code; to provide for effect in event of conflicts; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2018 SESSION BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

1113

Reserved.

SECTION 1.

Reserved.

SECTION 2.

SECTION 3. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended in: (1) Code Section 3-1-2, relating to definitions relative to general provisions regarding alcoholic beverages, in paragraph (10.1), by inserting a comma following "but not limited to". (2) Code Section 3-4-180 and the Article 8 designation of Chapter 4, which are reserved, by designating said Code section and said article as repealed. (3) Code Section 3-5-38, which is reserved, by designating said Code section as repealed.

SECTION 4. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended in: (1) Code Section 4-12-3, relating to immunity from liability for injury or death and exceptions, in subsection (d), by replacing "this State" with "this state".

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 7-1-241, relating to restrictions on engaging in banking business, in paragraph (b)(5), by replacing "15 U.S.C. Section 780" with "15 U.S.C. Section 78o".

Reserved.

SECTION 8.

SECTION 9. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended in: (1) Code Section 9-3-33.1, relating to actions for childhood sexual abuse, in paragraph (a)(2), by replacing "Code section" with "Code section as it existed on June 30, 2017,".

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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 10-6B-5, relating to requirements for power of attorney, in paragraph (a)(3), by replacing "this Code section" with "this subsection". (2) Code Section 10-6B-47, relating to banks and other financial institutions, in paragraph (9), by inserting a comma following "or other document of title". (3) Code Section 10-6B-50, relating to estates, trusts, and other beneficial interests, in paragraph (b)(2), by replacing "or claims to be, entitled" with "or claims to be entitled".

Reserved.

SECTION 11.

Reserved.

SECTION 12.

Reserved.

SECTION 13.

Reserved.

SECTION 14.

SECTION 15. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in: (1) Code Section 15-6-68, relating to public access to maps, plats, and plans, in subsection (d), by replacing "email" with "e-mail". (2) Code Section 15-11-135, relating to placement in eligible foster care, in paragraph (e)(2), by replacing "well being" with "well-being" both times the term appears. (3) Code Section 15-12-60, relating to qualifications of grand jurors and impact of ineligibility, in paragraph (c)(3), by replacing "Article 5 of Chapter 8 of Title 42" with "Article 4 of Chapter 3 of Title 42".

SECTION 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in: (1) Code Section 16-9-109, relating to disclosures by service providers of electronic communication service or remote computing service pursuant to investigations, in subparagraph (b)(2)(C), by replacing "long-distance" with "long distance". (2) Code Section 16-11-125.1, relating to definitions relative to carrying and possession of firearms, in paragraph (1) and in the undesignated text at the end of subparagraph (4)(B), by replacing ".46 centimeters or less" with "0.46 centimeter or less".

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(3) Code Section 16-11-129, relating to weapons carry license, gun safety information, temporary renewal permit, mandamus, and verification of license, by revising paragraph (f)(1) and the introductory text of paragraph (h)(1) as follows:
"(f) Weapons carry license specifications. (1) Weapons carry licenses issued prior to January 1, 2012, shall be in the format specified by the former provisions of this paragraph as they existed on June 30, 2013."
"(h) Licenses for former law enforcement officers. (1) Except as otherwise provided in Code Section 16-11-130, any person who has served as a law enforcement officer for at least:"
(4) Code Section 16-12-35, relating to the applicability of Part 1 relative to gambling and penalty for violation, in the undesignated text at the end of subsection (a), by replacing "paragraph (2) of Code Section 50-27-70" with "paragraph (2) of subsection (b) of Code Section 50-27-70". (5) Code Section 16-13-25, relating to Schedule I controlled substances, in subparagraph (12)(K), by replacing "pyrrolo-" with "pyrrolo". (6) Code Section 16-13-57, relating to program to record prescription information into electronic data base and administration and oversight, in subsection (b), by replacing "practices, for health oversight purposes;" with "practices for health oversight purposes;". (7) Code Section 16-13-60, relating to privacy and confidentiality, use of data, and security program, in subsection (a), by replacing "requirements, as contained in" with "requirements as contained in" and at the end of paragraph (c)(4), by replacing "existing subpoena powers;" with "existing subpoena power;".

SECTION 17. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in: (1) Code Section 17-6-12, relating to discretion of court to release person charged with crime on person's own recognizance only and effect of failure of person charged to appear for trial, in subsection (b), by replacing "Article 5 of Chapter 8 of Title 42" with "Article 4 of Chapter 3 of Title 42". (2) Code Section 17-10-1, relating to fixing of sentence, suspension or probation of sentence, change in sentence, eligibility for parole, prohibited modifications, and exceptions, in subsection (b), by replacing "he" with "he or she". (3) Code Section 17-19-1 and the Chapter 19 designation, which are repealed, by designating said Code section and said chapter as reserved.

Reserved.

SECTION 18.

1116 Reserved.

GENERAL ACTS AND RESOLUTIONS, VOL. I SECTION 19.

SECTION 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in: (1) Code Section 20-2-2068.1, relating to charter school funding, in the second to last sentence of subsection (c), by replacing "start up" with "start-up" and by replacing "in kind" with "in-kind" each time the terms appear. (2) Code Section 20-14-45, relating to "turnaround eligible schools" defined, identification, and role of local boards of education, in subsection (a) and in paragraph (b)(1), by replacing "statewide accountability system" with "state-wide accountability system" and in subsection (d), by replacing "strategic waivers system" with "strategic waivers school system".

SECTION 21. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended in: (1) Code Section 21-2-101, relating to certification program for county and municipal election superintendents or election board designee, waiver of certification, failure to comply, remedial training, and regulatory authority, in subsection (e), by replacing "the 'Georgia Administrative Procedure Act'," with "the 'Georgia Administrative Procedure Act,'". (2) Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit, payment of qualifying fee, pauper's affidavit and qualifying petition for exemption from qualifying fee, and military service, in paragraph (c)(2), by replacing "local school board" with "local board of education". (3) Code Section 21-2-139, relating to nonpartisan elections authorized and conduct, in subsection (a), by replacing "local school boards" with "local boards of education". (4) 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, in subsection (a), by replacing "electors of the state" with "electors of this state". (5) Code Section 21-5-34, relating to campaign contribution disclosure reports, by repealing subsection (n), which is designated as reserved.

SECTION 22. Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, is amended in: (1) Code Section 22-1-9, relating to policies and practices guiding exercise of eminent domain, in paragraph (3), by replacing "property as of the compensation offered" with "property as part of the compensation offered".

Reserved.

SECTION 23.

Reserved.

GEORGIA LAWS 2018 SESSION SECTION 24.

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SECTION 25. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended in: (1) Code Section 25-3-23, relating to general requirements of equipment and clothing and insurance of local fire departments, at the end of subdivision (b)(2)(B)(i)(II)(a), by replacing the colon with a semicolon.

SECTION 26. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended in: (1) Code Section 26-2-440, relating to definitions regarding cooperation in implementation of the federal Food Safety Modernization Act, in the introductory language, by inserting a comma following "article". (2) Code Section 26-5-22, relating to annual onsite inspections of narcotic treatment programs, by replacing "onsite" with "on-site". (3) Code Section 26-5-23, relating to the publication of an annual report by the Department of Community Health and the Department of Behavioral Health and Developmental Disabilities regarding patient data, by replacing "patients' state" with "patients' states". (4) Code Section 26-5-41, relating to definitions regarding enforcement of narcotic treatment programs, in paragraph (1), by deleting the comma after "Health". (5) Code Section 26-5-47, relating to application review and requirements and nontransferability regarding narcotic treatment programs, in paragraph (b)(2), by inserting "information" following "Biographical", in paragraph (b)(5), by replacing "admission" with "admissions", in paragraph (b)(7), by replacing "or had" with "or has had", and in subsection (e), by replacing "the Code section," with "this Code section,".

Reserved.

SECTION 27.

Reserved.

SECTION 28.

Reserved.

SECTION 29.

Reserved.

SECTION 30.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 31. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in: (1) Code Section 31-2A-31, relating to definitions regarding the Positive Alternatives for Pregnancy and Parenting Grant Program, by repealing paragraph (8), which is designated as reserved. (2) Code Section 31-7-94.1, relating to the "Rural Hospital Organization Assistance Act of 2017," legislative findings, certification of rural hospitals for grant eligibility, and rules and regulations, at the beginning of the introductory language of paragraph (d)(2), by replacing "Has" with "Having". (3) Code Section 31-22-9.2, relating to HIV tests and report of positive results, notification, counseling, violations, exception for insurance coverage, and exposure of health care provider, in subsection (c), by deleting "31-17-4.2,".

Reserved.

SECTION 32.

SECTION 33. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in: (1) Code Section 33-8-1, relating to insurance fees and charges generally, at the end of subparagraph (1)(Q), by inserting a period, in subparagraph (6)(AA), by replacing "off line" with "offline", and in subparagraph (6)(AA.1), by replacing "on line" with "online". (2) Code Section 33-11-66, relating to cumulative nature of Code section, variable annuity contract, separate accounts, conduct of business, licensed or organized to do business in state, and Commissioner's role, in subsection (q), by replacing "paragraph (7) and subparagraphs (B) and (C) of paragraph (8)" with "paragraph (7) of subsection (b) and subparagraphs (b)(8)(B) and (b)(8)(C)". (3) Code Section 33-20C-3, relating to required and accurate information in insurance provider directories, reporting, and reimbursement for reliance, in subsection (a), by replacing "email" with "e-mail". (4) Code Section 33-25-4, relating to required nonforfeiture provisions regarding life insurance, in paragraph (e)(1), by replacing "means January 1 of the first calendar year that the valuation manual as defined in Code Section 33-1-10 becomes effective" with "has the same meaning as in paragraph (2) of subsection (o) of Code Section 33-10-13".

Reserved.

SECTION 34.

SECTION 35. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended in:

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(1) Code Section 35-6A-3, relating to the Criminal Justice Coordinating Council membership, vacancies, and membership not bar to holding public office, in the introductory language of subsection (a), by replacing "25 members" with "27 members".

SECTION 36. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended in: (1) Code Section 36-62-7, relating to operations of projects by governmental units prohibited and sale or lease of property for operation, by replacing "paragraph (7)" with "paragraph (7) of subsection (a)".

Reserved.

SECTION 37.

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 38-3-70, relating to the "Recognition of Emergency Medical Services Personnel Licensure Interstate Compact (REPLICA)," by replacing "referred to as" with "cited as". (2) Code Section 38-3-71, relating to the text of the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact, in paragraph (F)(3) of Section 10, by replacing "alleged act, error or omission" with "alleged act, error, or omission".

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 40-5-64, relating to limited driving permits for certain offenders, in subsection (e), by deleting the paragraph (1) designation and running in the text with the catchline and by redesignating paragraph (2) as new paragraph (d)(1) in Code Section 40-5-64.1. (2) Code Section 40-5-64.1, relating to issuance of ignition interlock device limited driving permit, application form, standards of approval, replacement of device, revocation, hearings, rules and regulations, and penalty, by redesignating the text of current subsection (d), excluding the internal catchline, as new paragraph (d)(2).

Reserved.

SECTION 41.

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SECTION 42. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in: (1) Code Section 42-5-18, relating to items prohibited for possession by inmates, warden's authorization, and penalties, in paragraph (a)(4), by replacing "shall mean the commissioner" with "means the commissioner" and in paragraph (d)(1), by replacing "provided, however, if an inmate" with "provided, however, that if an inmate". (2) Code Section 42-8-111, relating to court issuance of certificate for installation of ignition interlock devices, exceptions, completion of alcohol and drug use risk reduction program, notice of requirements, and fees for driver's license, in paragraph (a)(2), by replacing "in subsection (d)" with "in paragraph (2) of subsection (d)". (3) Code Section 42-9-45, relating to the general rule-making power of the State Board of Pardons and Paroles, in divisions (b)(3)(A)(iii) and (b)(4)(A)(iii), by replacing "subsection (b)" with "subsection (a)".

SECTION 43. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in: (1) Code Section 43-11-74, relating to direct supervision of dental hygienists required, scope of duties, and exceptions to required supervision for dental screenings, in subparagraph (g)(2)(B), by replacing "twelve-month intervals" with "12 month intervals". (2) Code Section 43-34-283, relating to licensure requirements for pain management clinics, in subsection (g), by replacing "on-site" with "onsite" both times the term appears.

SECTION 44. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in: (1) Code Section 44-1-18, relating to execution search prior to conveyance of property, certificate of clearance required, requirements for requests, binding effect, timing of information release, failure to comply, retention, criminal penalties, exceptions, requirements for certificate, and regulatory authority, in paragraphs (a)(1), (a)(3), (a)(4), and (a)(5), by replacing "shall mean" with "means" and in subdivision (a)(2)(B)(v)(II), by replacing "provided proper" with "provided that proper". (2) Code Section 44-14-160, relating to filing of foreclosure and deed under power and penalty for late payment, in subsection (b), by replacing "Code Section 15-66-77" with "Code Section 15-6-77".

SECTION 45. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended in:

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(1) Code Section 45-2-1, relating to persons ineligible to hold civil office, vacation of office, and validity of acts performed while in office, in paragraph (1), by replacing "12 months residency" with "12 months' residency" each time the phrase appears. (2) Code Section 45-7-4, relating to annual salaries of certain state officials and cost of living adjustments, in subparagraph (a)(22)(E), by replacing "the Speaker of the House shall make" with "the Speaker of the House of Representatives shall make".

Reserved.

SECTION 46.

Reserved.

SECTION 47.

SECTION 48. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in: (1) Code Section 48-3-29, which is reserved, by designating said Code section as repealed. (2) Code Section 48-5-2, relating to definitions regarding ad valorem taxation of property, in subdivision (3)(B)(vii)(I), by replacing "property provided that the tax" with "property, provided that the tax" and "arm's length bona fide" with "arm's length, bona fide" and in subdivision (3)(B)(vii)(II), by replacing "property provided that such income" with "property, provided that such income". (3) Code Section 48-7-40.32, relating to revitalization zone tax credits, in paragraph (c)(1), by replacing "provided the new full-time" with "provided that the new full-time", in paragraph (c)(3), by replacing "provided, however, a certified entity" with "provided, however, that a certified entity", and in paragraph (e)(1), by replacing "provided, however, the entire credit" with "provided, however, that the entire credit". (4) Code Section 48-7-40.33, relating to tax credits for musical or theatrical performances, at the end of paragraph (g)(2), by replacing the period with "; and". (5) Code Section 48-8-2, relating to definitions regarding state sales and use taxes, in paragraph (10), by replacing "property or services including, but not limited to" with "property or services, including, but not limited to", in subparagraph (31)(C), by replacing "entertainment including, but not limited to" with "entertainment, including, but not limited to", and in division (31)(C)(x), by replacing "contests including, but not limited to" with "contests, including, but not limited to". (6) Code Section 48-8-3, relating to exemptions from state sales and use taxes, in paragraph (25), which is repealed, by designating said paragraph as reserved and in subparagraph (34.4)(E), by replacing "by-products has begun" with "by-products have begun". (7) Code Sections 48-17-1 through 48-17-17 and the Chapter 17 designation, which are reserved, by designating said Code sections and said chapter as repealed.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 49. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in: (1) Code Section 49-4-142, relating to the Department of Community Health established, adoption, administration, and modification of the state plan, drug application fees, and personal needs allowance, in subsection (a), by replacing "provided, however, the department shall" with "provided, however, that the department shall". (2) Code Section 49-4-158, relating to certain dependents of military service members to maintain eligibility and priority for certain medical assistance and developmental disability services under certain conditions, waiver to implement such provision, compliance with certain federal laws, rules, and regulations, and definitions, in subsection (d), by replacing "developmental disabilities" with "developmental disability". (3) Code Section 49-5-41, relating to persons and agencies permitted access to child abuse records, in paragraph (c)(5), by replacing "including but not limited to" with "including, but not limited to".

SECTION 50. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in: (1) Code Section 50-5-67, relating to competitive bidding procedure, method of soliciting bids, required conditions for competitive sealed proposals, clarification, contract awards, negotiation of contracts, certificate of independent price determination, and receiving electronic bids, in subsection (g), by replacing "provided, however, any bids" with "provided, however, that any bids". (2) Code Section 50-7-122, relating to application for assistance pursuing grant goal, by replacing "the department;" with "the department,". (3) Code Section 50-25-1, relating to the establishment of the Georgia Technology Authority, in subsection (c), by replacing "on line" with "online". (4) Code Section 50-27-102, relating to role of corporation in the Georgia Lottery for Education, implementation and certification, separation of funds and accounting, and disputes, in paragraph (d)(2), by replacing "email" with "e-mail" both times the term appears.

Reserved.

SECTION 51.

Reserved.

SECTION 52.

Reserved.

SECTION 53.

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SECTION 54. (a) Except for Title 47, the text of Code sections and title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and designations as contained in the Official Code of Georgia Annotated published under authority of the state by The Michie Company in 1982 and contained in Volumes 3 through 40 of such publication or replacement volumes thereto, as amended by the text and numbering of Code sections as contained in the 2017 supplements to the Official Code of Georgia Annotated published under authority of the state in 2017 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 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 2017 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 2018 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 55. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 56. All laws and parts of laws in conflict with this Act are repealed.

Approved May 8, 2018.

RESOLUTIONS OF THE
GENERAL ASSEMBLY OF THE
STATE OF GEORGIA PROPOSING AMENDMENTS
TO THE CONSTITUTION
OF THE STATE OF GEORGIA

GEORGIA LAWS 2018 SESSION
AD VALOREM TAXATION OF FOREST LAND CONSERVATION USE PROPERTY; METHOD OF ESTABLISHING VALUE; ASSISTANCE GRANTS; SUBCLASSIFICATION OF QUALIFIED TIMBERLAND PROPERTY.

1127

No. 297 (House Resolution No. 51).

A RESOLUTION

Proposing an amendment to the Constitution so as to revise provisions subclassifying forest land conservation use property for ad valorem taxation purposes; to revise the prescribed methodology for establishing the value of forest land conservation use property and related assistance grants; to permit increases to assistance grants by general law up to a five-year period; to permit the deduction and retention of a portion of assistance grants related to forest land conservation use property; to permit the subclassification of qualified timberland property for ad valorem taxation purposes; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article VII, Section I, Paragraph III of the Constitution is amended by revising subparagraph (f) and by adding a new subparagraph to read as follows:
"(f)(1) The General Assembly shall provide by general law for the definition, methods of assessment, and taxation, such methods to include a formula based on current use, annual productivity, and real property sales data, of 'forest land conservation use property' to include only forest land of at least 200 acres in aggregate which lies within one or more counties, provided that such forest land is in parcels of at least 100 acres within any given county.
(2)(A) Any individual or individuals or any entity registered to do business in this state desiring the benefit of such methods of assessment and taxation for forest land conservation use property shall be required to enter into a covenant to continue the property in forest land use.
(B) All contiguous forest land conservation use property of an owner within a county for which forest land conservation use assessment is sought under this subparagraph shall be in a single covenant.
(C) A breach of such covenant within ten years shall result in a recapture of the tax savings resulting from such methods of assessment and taxation and may result in other appropriate penalties.

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PROPOSED CONSTITUTIONAL AMENDMENTS

(D) The General Assembly may provide by general law for a limited exception to the 200 acre requirement in the case of a transfer of ownership of all or a part of the forest land conservation use property during a covenant period to another owner qualified to enter into an original forest land conservation use covenant if the original covenant is continued by both such acquiring owner and the transferor for the remainder of the term, in which event no breach of the covenant shall be deemed to have occurred even if the total size of a tract from which the transfer was made is reduced below 200 acres. (3) No portion of an otherwise eligible tract of forest land conservation use property shall be entitled to receive simultaneously special assessment and taxation under this subparagraph and either subparagraph (c) or (e) of this Paragraph.
(4)(A) The General Assembly shall appropriate an amount for assistance grants to counties, municipalities, and county and independent school districts to offset revenue loss attributable to the implementation of this subparagraph. Such grants shall be made in such manner and shall be subject to such procedures as may be specified by general law. For the years 2019, 2020, 2021, 2022, and 2023, the value of the assistance grants may be increased by general law beyond the amounts prescribed by this subparagraph.
(B)(i) If the forest land conservation use property is located in a county, municipality, or county or independent school district where forest land conservation use value causes an ad valorem tax revenue reduction of 3 percent or less due to the implementation of this subparagraph, in each taxable year in which such reduction occurs, the assistance grants to the county, each municipality located therein, and the county or independent school districts located therein shall be in an amount equal to 50 percent of the amount of such reduction.
(ii) If the forest land conservation use property is located in a county, municipality, or county or independent school district where forest land conservation use value causes an ad valorem tax revenue reduction of more than 3 percent due to the implementation of this subparagraph, in each taxable year in which such reduction occurs, the assistance grants to the county, each municipality located therein, and the county or independent school districts located therein shall be for the first 3 percent of such reduction amount, in an amount equal to 50 percent of the amount of such reduction and, for the remainder of such reduction amount, in an amount equal to 100 percent of the amount of such remaining reduction amount.
(C)(i) Such revenue reduction shall be determined by subtracting the aggregate forest land conservation use value of qualified properties from the aggregate forest land fair market value of qualified properties for the applicable tax year and the resulting amount shall be multiplied by the millage rate of the county, municipality, or county or independent school district.
(ii) For purposes of this subparagraph, the forest land conservation use value shall not include the value of the standing timber located on forest land conservation use property.

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(iii) For the purposes of this subparagraph, forest land fair market value means the fair market value of the forest land as determined in 2016, provided that such value shall change in 2019 and every three years thereafter to the fair market value of forest land as determined in such year. (D) Notwithstanding subparagraph (a) of Paragraph VI of Section IX of Article III of this Constitution, the General Assembly may provide by general law for a fee, not to exceed 5 percent, to be deducted from such assistance grants and retained by the state revenue commissioner to provide for the costs to the state of administering the provisions of subparagraph (f.1) of this Paragraph. (f.1)(1)(A) The General Assembly shall be authorized by general law to establish a separate class of property for ad valorem taxation purposes that includes only tangible real property that has as its primary use the production of trees for the primary purpose of producing timber for commercial uses and that meets such further requirements as may be prescribed by general law. Such property shall be known as 'qualified timberland property.' (B) The value of qualified timberland property shall be at least 175 percent of such property's forest land conservation use value as determined pursuant to subparagraph (f) of this Paragraph. (2) The only two purposes authorized by the subclassification of qualified timberland property as provided by this subparagraph shall be to allow the General Assembly by general law to: (A) Provide that the Department of Revenue shall appraise qualified timberland property at its fair market value using any combination of appraisal methodologies otherwise provided by general law for establishing the fair market value of real property, provided that such methodology is not subject to an exception authorized by subparagraph (b), (c), (d), (e), (f), or (g) of this Paragraph; and (B) Authorize the General Assembly to provide for a separate system by which to appeal appraisals of and determinations made related to qualified timberland property."

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 revise provisions related to the subclassification for tax purposes of and the prescribed
( ) NO methodology for establishing the value of forest land conservation use property and related assistance grants, to provide that assistance grants related to forest land conservation use property may be increased by general law for a five-year period and that up to 5 percent of assistance grants may be deducted and retained by the state revenue commissioner to provide for

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All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Approved May 2, 2018.

__________

STATE-WIDE BUSINESS COURT; CREATION.

No. 410 (House Resolution No. 993).

A RESOLUTION

Proposing an amendment to the Constitution so as to create a state-wide business court with state-wide jurisdiction for use under certain circumstances; to provide for venue, jurisdiction, and powers; to provide for selection, terms, and qualifications of state-wide business court judges; to provide for the submission of this amendment for ratification or rejection; to provide for related matters; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article VI of the Constitution is amended by revising Sections I, II, III, IV, and VII as follows:

"SECTION I. JUDICIAL POWER

Paragraph I. Judicial power of the state. The judicial power of the state shall be vested exclusively in the following classes of courts: magistrate courts, probate courts, juvenile courts, state courts, superior courts, state-wide business court, Court of Appeals, and Supreme Court. Nothing in this paragraph shall preclude a superior court from creating a business court division for its circuit in a manner provided by law. Magistrate courts, probate courts, juvenile courts, and state courts shall be courts of limited jurisdiction. In addition, the General Assembly may establish or authorize the establishment of municipal courts and may authorize administrative agencies to exercise quasi-judicial powers. Municipal courts shall have jurisdiction over ordinance violations and such other jurisdiction as provided by law. Except as provided in this Paragraph and in Section X,

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municipal courts, county recorder's courts, and civil courts in existence on June 30, 1983, and administrative agencies shall not be subject to the provisions of this article. The General Assembly shall have the authority to confer 'by law' jurisdiction upon municipal courts to try state offenses.

Paragraph II. Unified judicial system. All courts of the state shall comprise a unified judicial system.

Paragraph III. Judges; exercise of power outside own court; scope of term 'judge.' Provided the judge is otherwise qualified, a judge may exercise judicial power in any court upon the request and with the consent of the judges of that court and of the judge's own court under rules prescribed by law. The term 'judge,' as used in this article, shall include Justices, judges, senior judges, magistrates, and every other such judicial office of whatever name existing or created.

Paragraph IV. Exercise of judicial power. Each court may exercise such powers as necessary in aid of its jurisdiction or to protect or effectuate its judgments; but only the superior and appellate courts and state-wide business court shall have the power to issue process in the nature of mandamus, prohibition, specific performance, quo warranto, and injunction. Each superior court, state court, and other courts of record and the state-wide business court may grant new trials on legal grounds.

Paragraph V. Uniformity of jurisdiction, powers, etc. Except as otherwise provided in this Constitution, the courts of each class shall have uniform jurisdiction, powers, rules of practice and procedure, and selection, qualifications, terms, and discipline of judges. The provisions of this Paragraph, as related to the state-wide business court, shall be effective as provided by law.

Paragraph VI. Judicial circuits; courts in each county; court sessions. The state shall be divided into judicial circuits, each of which shall consist of not less than one county. Each county shall have at least one superior court, magistrate court, a probate court, and, where needed, a state court, a juvenile court, and a business court division of superior court. The General Assembly may provide by law that the judge of the probate court may also serve as the judge of the magistrate court. In the absence of a state court or a juvenile court, the superior court shall exercise that jurisdiction. Superior courts shall hold court at least twice each year in each county.

Paragraph VII. Judicial circuits, courts, and judgeships, law changed. The General Assembly may abolish, create, consolidate, or modify judicial circuits and courts and judgeships; but no circuit shall consist of less than one county.

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Paragraph VIII. Transfer of cases. Any court shall transfer to the appropriate court in the state any civil case in which it determines that jurisdiction or venue lies elsewhere.

Paragraph IX. Rules of evidence; law prescribed. All rules of evidence shall be as prescribed by law.

Paragraph X. Authorization for pilot projects. The General Assembly may by general law approved by a two-thirds' majority of the members of each house enact legislation providing for, as pilot programs of limited duration, courts which are not uniform within their classes in jurisdiction, powers, rules of practice and procedure, and selection, qualifications, terms, and discipline of judges for such pilot courts and other matters relative thereto. Such legislation shall name the political subdivision, judicial circuit, and existing courts affected and may, in addition to any other power, grant to such court created as a pilot program the power to issue process in the nature of mandamus, prohibition, specific performance, quo warranto, and injunction. The General Assembly shall provide by general law for a procedure for submitting proposed legislation relating to such pilot programs to the Judicial Council of Georgia or its successor. Legislation enacted pursuant to this Paragraph shall not deny equal protection of the laws to any person in violation of Article I, Section I, Paragraph II of this Constitution.

SECTION II. VENUE

Paragraph I. Divorce cases. Divorce cases shall be tried in the county where the defendant resides, if a resident of this state; if the defendant is not a resident of this state, then in the county in which the plaintiff resides; provided, however, a divorce case may be tried in the county of residence of the plaintiff if the defendant has moved from that same county within six months from the date of the filing of the divorce action and said county was the site of the marital domicile at the time of the separation of the parties, and provided, further, that any person who has been a resident of any United States army post or military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States army post or military reservation.

Paragraph II. Land titles. Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, in which case the superior court of either county shall have jurisdiction.

Paragraph III. Equity cases. Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.

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Paragraph IV. Suits against joint obligors, copartners, or joint trespassers. Suits against joint obligors, joint tort-feasors, joint promisors, copartners, or joint trespassers residing in different counties may be tried in either county.

Paragraph V. Suits against maker, endorser, etc. Suits against the maker and endorser of promissory notes, or drawer, acceptor, and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be tried in the county where the maker or acceptor resides.

Paragraph VI. All other cases. All other civil cases, except juvenile court cases as may otherwise be provided by the Juvenile Court Code of Georgia, shall be tried in the county where the defendant resides; venue as to corporations, foreign and domestic, shall be as provided by law; and all criminal cases shall be tried in the county where the crime was committed, except cases in the superior courts where the judge is satisfied that an impartial jury cannot be obtained in such county.

Paragraph VII. Venue in third-party practice. The General Assembly may provide by law that venue is proper in a county other than the county of residence of a person or entity impleaded into a pending civil case by a defending party who contends that such person or entity is or may be liable to said defending party for all or part of the claim against said defending party.

Paragraph VIII. Power to change venue. The power to change the venue in civil and criminal cases shall be vested in the superior courts to be exercised in such manner as has been, or shall be, provided by law.

Paragraph IX. Venue of state-wide business court. All cases before the state-wide business court may conduct pretrial proceedings in any county as provided by law. Any trial of a case that is before the state-wide business court shall take place in the county as is otherwise prescribed by this section.

SECTION III. CLASSES OF COURTS OF LIMITED JURISDICTION

Paragraph I. Jurisdiction of classes of courts of limited jurisdiction. The magistrate, juvenile, and state courts shall have uniform jurisdiction as provided by law. Probate courts shall have such jurisdiction as now or hereafter provided by law, without regard to uniformity.

Paragraph II. Jurisdiction of state-wide business court. The state-wide business court shall have state-wide jurisdiction as provided by law.

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SECTION IV. SUPERIOR COURTS

Paragraph I. Jurisdiction of superior courts. The superior courts shall have jurisdiction in all cases, except as otherwise provided in this Constitution. They shall have exclusive jurisdiction over trials in felony cases, except in the case of juvenile offenders as provided by law; in cases respecting title to land; and in divorce cases. They shall have concurrent jurisdiction with the state-wide business court in equity cases. A superior court by agreement of the parties may order removal of a case to the state-wide business court as provided by law. The superior courts shall have such appellate jurisdiction, either alone or by circuit or district, as may be provided by law."

"SECTION VII. SELECTION, TERM, COMPENSATION,
AND DISCIPLINE OF JUDGES

Paragraph I. Selection; term of office. (a) All superior court and state court judges shall be elected on a nonpartisan basis for a term of four years. All Justices of the Supreme Court and the Judges of the Court of Appeals shall be elected on a nonpartisan basis for a term of six years. The terms of all judges thus elected shall begin the next January 1 after their election. All other judges shall continue to be selected in the manner and for the term they were selected on June 30, 1983, until otherwise provided by local law.
(b) All state-wide business court judges shall serve a term of five years; provided, however, that the initial term of such judges shall be as provided by law. Such judges shall be appointed by the Governor, subject to approval by a majority vote of the Senate Judiciary Committee and a majority vote of the House Committee on Judiciary. Such judges may be reappointed for any number of consecutive terms as long as he or she meets the qualifications of appointment at the time of each appointment and is approved as required by this subparagraph. The state-wide business court shall consist of the number of judges as provided for by law. For purposes of qualifications, state-wide business court judges shall be deemed to serve the geographical area of this state.

Paragraph II. Qualifications. (a) Appellate, superior, and state-wide business court judges shall have been admitted to practice law for seven years.
(b) State court judges shall have been admitted to practice law for seven years, provided that this requirement shall be five years in the case of state court judges elected or appointed in the year 2000 or earlier. Juvenile court judges shall have been admitted to practice law for five years.
(b.1) State-wide business court judges shall have such qualifications as provided by law. (c) Probate and magistrate judges shall have such qualifications as provided by law. (d) All judges shall reside in the geographical area in which they are selected to serve.

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(e) The General Assembly may provide by law for additional qualifications, including, but not limited to, minimum residency requirements.

Paragraph III. Vacancies. Vacancies shall be filled by appointment of the Governor except as otherwise provided by law in the magistrate, probate, and juvenile courts. Vacancies in the state-wide business court shall be filled by appointment of the Governor, subject to approval as specified in subparagraph (b) of Paragraph (I) of this section.

Paragraph IV. Period of service of appointees. An appointee to an elective office shall serve until a successor is duly selected and qualified and until January 1 of the year following the next general election which is more than six months after such person's appointment.

Paragraph V. Compensation and allowances of judges. All judges shall receive compensation and allowances as provided by law; county supplements are hereby continued and may be granted or changed by the General Assembly. County governing authorities which had the authority on June 30, 1983, to make county supplements shall continue to have such authority under this Constitution. An incumbent's salary, allowance, or supplement shall not be decreased during the incumbent's term of office.

Paragraph VI. Judicial Qualifications Commission; power; composition. (a) The General Assembly shall by general law create and provide for the composition, manner of appointment, and governance of a Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges as provided by this Article. Appointments to the Judicial Qualifications Commission shall be subject to confirmation by the Senate as provided for by general law.
(b) The procedures of the Judicial Qualifications Commission shall comport with due process. Such procedures and advisory opinions issued by the Judicial Qualifications Commission shall be subject to review by the Supreme Court.
(c) The Judicial Qualifications Commission which existed on June 30, 2017, is hereby abolished.

Paragraph VII. Discipline, removal, and involuntary retirement of judges. (a) Any judge may be removed, suspended, or otherwise disciplined for willful misconduct in office, or for willful and persistent failure to perform the duties of office, or for habitual intemperance, or for conviction of a crime involving moral turpitude, or for conduct prejudicial to the administration of justice which brings the judicial office into disrepute. Any judge may be retired for disability which constitutes a serious and likely permanent interference with the performance of the duties of office. The Supreme Court shall adopt rules of implementation.

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(b)(1) Upon indictment for a felony by a grand jury of this state or by a grand jury of the United States of any judge, the Attorney General or district attorney shall transmit a certified copy of the indictment to the Judicial Qualifications Commission. The commission shall, subject to subparagraph (b)(2) of this Paragraph, review the indictment, and, if it determines that the indictment relates to and adversely affects the administration of the office of the indicted judge and that the rights and interests of the public are adversely affected thereby, the commission shall suspend the judge immediately and without further action pending the final disposition of the case or until the expiration of the judge's term of office, whichever occurs first. During the term of office to which such judge was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the judge shall be immediately reinstated to the office from which he was suspended. While a judge is suspended under this subparagraph and until initial conviction by the trial court, the judge shall continue to receive the compensation from his office. After initial conviction by the trial court, the judge shall not be entitled to receive the compensation from his office. If the judge is reinstated to office, he shall be entitled to receive any compensation withheld under the provisions of this subparagraph. For the duration of any suspension under this subparagraph, the Governor shall appoint a replacement judge. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof.
(2) The commission shall not review the indictment for a period of 14 days from the day the indictment is received. This period of time may be extended by the commission. During this period of time, the indicted judge may, in writing, authorize the commission to suspend him from office. Any such voluntary suspension shall be subject to the same conditions for review, reinstatement, or declaration of vacancy as are provided in this subparagraph for a nonvoluntary suspension.
(3) After any suspension is imposed under this subparagraph, the suspended judge may petition the commission for a review. If the commission determines that the judge should no longer be suspended, he shall immediately be reinstated to office.
(4)(A) The findings and records of the commission and the fact that the public official has or has not been suspended shall not be admissible in evidence in any court for any purpose.
(B) The findings and records of the commission shall not be open to the public except as provided by the General Assembly by general law. (5) The provisions of this subparagraph shall not apply to any indictment handed down prior to January 1, 1985. (6) If a judge who is suspended from office under the provisions of this subparagraph is not first tried at the next regular or special term following the indictment, the suspension shall be terminated and the judge shall be reinstated to office. The judge shall not be

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reinstated under this provision if he is not so tried based on a continuance granted upon a motion made only by the defendant. (c) Upon initial conviction of any judge for any felony in a trial court of this state or the United States, regardless of whether the judge has been suspended previously under subparagraph (b) of this Paragraph, such judge shall be immediately and without further action suspended from office. While a judge is suspended from office under this subparagraph, he shall not be entitled to receive the compensation from his office. If the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the judge shall be immediately reinstated to the office from which he was suspended and shall be entitled to receive any compensation withheld under the provisions of this subparagraph. For the duration of any suspension under this subparagraph, the Governor shall appoint a replacement judge. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof. The provisions of this subparagraph shall not apply to any conviction rendered prior to January 1, 1987.

Paragraph VIII. Due process; review by Supreme Court. No action shall be taken against a judge except after hearing and in accordance with due process of law. No removal or involuntary retirement shall occur except upon order of the Supreme Court after review."

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 create a state-wide business court, authorize superior court business court divisions, and allow
( ) NO for the appointment process for state-wide business court judges in order to lower costs, improve the efficiency of all courts, and promote predictability of judicial outcomes in certain complex business disputes for the benefit of all citizens of this state?"
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 6, 2018.

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CONSERVATION LAND TRUST FUND; ALLOCATE CERTAIN SALES AND USE TAXES FOR PROTECTION AND PRESERVATION.

No. 414 (House Resolution No. 238).

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for an annual allocation of up to 80 percent of the revenue derived from the state sales and use tax with respect to goods and services collected by sporting goods stores a trust fund to be used for the protection and preservation of conservation land; to provide for sunset provisions in authorized general laws; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article III, Section IX, Paragraph VI of the Constitution is amended by adding a new subparagraph to read as follows:
"(p) The General Assembly is authorized to provide by general law that up to 80 percent of all moneys received by the state from the levy of a tax on the sale and use of goods and services, as defined by general law, collected by establishments classified under the 2007 North American Industry Classification Code 451110, sporting goods stores, in the immediately preceding fiscal year will be paid into and dedicated to the Georgia Outdoor Stewardship Trust Fund for the purpose of protecting and preserving conservation land, as more specifically provided for by general law. Any general law adopted pursuant to this Paragraph shall provide for automatic repeal not more than ten years after its effective date, provided that such repeal date may be extended for a maximum of ten additional years. The revenues dedicated pursuant to this subparagraph shall not lapse, the provisions of Article III, Section IX, Paragraph IV(c) to the contrary notwithstanding, and such revenues shall not be subject to the limitations of subparagraph (a) of this Paragraph or Article VII, Section III, Paragraph II(a)."

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:

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"( ) YES Without increasing the current state sales tax rate, shall the Constitution of Georgia be amended so as to create the Georgia Outdoor Stewardship Trust
( ) NO Fund to conserve lands that protect drinking water sources and the water quality of rivers, lakes, and streams; to protect and conserve forests, fish, wildlife habitats, and state and local parks; and to provide opportunities for our children and families to play and enjoy the outdoors, by dedicating, subject to full public disclosure, up to 80 percent of the existing sales tax collected by sporting goods stores to such purposes without increasing the current state sales tax rate?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If 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 7, 2018.

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RIGHTS OF VICTIMS AND ENFORCEMENT OF SUCH RIGHTS.

No. 467 (Senate Resolution No. 146).

A RESOLUTION

Proposing an amendment to the Constitution so as to acknowledge certain rights of victims against whom a crime has allegedly been perpetrated; to provide for the enforcement of such rights; to provide for exceptions; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article I, Section I of the Constitution is amended by adding a new Paragraph to read as follows:
"Paragraph XXX. Rights of certain individuals. (a) For the purpose of this Paragraph, a victim shall be considered an individual against whom a crime has allegedly been perpetrated, including crimes alleged as delinquent acts. Such victims shall be accorded the utmost dignity and respect and shall be treated fairly by the criminal justice system of this state and all agencies and departments that serve such system. When the crime is one

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against or involving the person of the victim or is a felony property crime, such victim shall be afforded the following specific rights:
(1) The right upon request to reasonable, accurate, and timely notice of any scheduled court proceedings involving the alleged act or changes to the scheduling of such proceedings;
(2) The right upon request to reasonable, accurate, and timely notice of the arrest, release, or escape of the accused;
(3) The right not to be excluded from any scheduled court proceedings involving the alleged act;
(4) The right upon request to be heard at any scheduled court proceedings involving the release, plea, or sentencing of the accused; and
(5) The right to be informed of his or her rights. (b) A victim described in subparagraph (a) of this Paragraph shall have the right to assert the rights enumerated in subparagraph (a) of this Paragraph. The General Assembly shall provide by general law the process whereby such victim may assert the rights provided by subparagraph (a) of this Paragraph by motion within the same criminal or delinquency proceeding giving rise to such rights. At the hearing on such motion, such victim may be represented by an attorney, but neither the state nor any of its political subdivisions shall be obligated to appoint an attorney to represent him or her. The General Assembly shall provide by general law the process whereby a family member, guardian, or legal custodian of a victim when he or she is a minor, legally incapacitated, or deceased may assert the rights of such victim. (c) This Paragraph shall not:
(1) Create any cause of action against the State of Georgia; any political subdivision of the State of Georgia; any officer, employee, or agent of the State of Georgia or of any of its political subdivisions; or any officer or employee of the court;
(2) Confer upon any victim the right to: (A) Appeal any decision made in a criminal or delinquency proceeding; (B) Challenge any verdict or sentence entered in a criminal or delinquency
proceeding; or (C) Standing to participate as a party in a criminal or delinquency proceeding other
than to file a motion as provided in subparagraph (b) of this Paragraph; (3) Restrict the authority of the General Assembly, by general law, to further define or expand upon the rights provided in this Paragraph or to regulate the reasonable exercise thereof; or (4) Restrict the inherent authority of the courts to maintain order in the courtroom."

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:

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"( ) YES Shall the Constitution of Georgia be amended so as to provide certain rights to victims against whom a crime has allegedly been perpetrated and allow
( ) NO victims to assert such rights?"
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 8, 2018.