Proclamations and acts of the General Assembly of the State of Georgia, 2020 extraordinary session, 2020 March 16: volume one

COMPILER'S NOTE
General Acts and Resolutions of the 2020 Extraordinary Session of the General Assembly of Georgia will be found in Volume One beginning at page ES3. The Extraordinary Session was held on March 16, 2020. The proclamation of the Governor convening the General Assembly in Special Session will be found on page ES1.
General Acts and Resolutions of the 2020 Regular Session of the General Assembly of Georgia will be found in Volume One beginning at page 1. The Supplementary Appropriations Act for FY 2019-2020 and the Appropriations Act for FY 2020-2021 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, 2019, and May 1, 2020, are printed in Volume Two beginning at pages 4159 and 4209, respectively. There are no numbered pages between page 921, 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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. Except as otherwise noted in the volume, 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 2020
TABLE OF CONTENTS
VOLUME ONE
Proclamation of the Governor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ES1 Acts and Resolutions of 2020 Extraordinary Session. . . . . . . . . . . . . . . . . . . . . . . . ES3 Acts and Resolutions of General Application .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Supplementary Appropriations Act for FY 2019-2020. . . . . . . . . . . . . . . . . . Appendix General Appropriations Act for FY 2020-2021.. . . . . . . . . . . . . . . . . . . . . . . Appendix
VOLUME TWO
Acts and Resolutions of Local Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3501 County and Consolidated Government Home Rule Actions. . . . . . . . . . . . . . . . . . 4159 Municipal Home Rule Actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4209
VOLUME THREE
Acts by Numbers-Page References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A Bills and Resolutions-Act Number References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A Index-Tabular.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7A Index-General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33A Population of Georgia Counties-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . 76A Population of Georgia Counties-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80A Population of Cities-Alphabetically.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85A Population of Cities-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93A Population of Judicial Circuits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101A Georgia Senate Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 106A Georgia Senators, Numerically by District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108A Georgia House Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 112A Georgia Representatives, Numerically by District.. . . . . . . . . . . . . . . . . . . . . . . . . 114A Status of Referendum Elections.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124A Governor's Proclamations and Vetoes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374A State Auditor's Report on Funding of Retirement Bills. . . . . . . . . . . . . . . . . . . . . . 380A Historical List of General Assemblies of the State of Georgia. . . . . . . . . . . . . . . . 383A Legislative Services Committee and Staff.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384A

PROCLAMATIONS AND ACTS OF THE
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2020
EXTRAORDINARY SESSION MARCH 16, 2020
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

GEORGIA LAWS 2020 EXTRAORDINARY SESSION

ES1

BY THE GOVERNOR OF THE STATE OF GEORGIA

A PROCLAMATION

CONVENING THE GENERAL ASSEMBLY OF GEORGIA IN SPECIAL SESSION

WHEREAS:

Article V, Section II, Paragraph VII of the Constitution of the State of Georgia grants to the Governor the power to convene a special session of the General Assembly by proclamation, stating and thereby limiting the purposes of the special session; and

WHEREAS:

Code Section 38-3-51 requires that as a condition precedent to declaring that a state of emergency exists as a result of a public health emergency, the Governor must issue a call for a special session of the General Assembly; and

WHEREAS:

The Governor has determined that a public health emergency exists in the State of Georgia due to the spread of the novel Coronavirus/COVID-19 and warrants an emergency declaration requiring the General Assembly to concur with or terminate such emergency declaration in a special session; and

THEREFORE:

By virtue of the power and authority conferred upon me by the Constitution of Georgia, I, Brian P. Kemp, Governor of the State of Georgia, do hereby convene the General Assembly of this State in Special Session on Monday, March 16, 2020, at 8:00 A.M. for the express purpose of concurring with or terminating the Public Health State of Emergency declared by Executive Order 03.14.20.01.

ES2

PROCLAMATIONS, ACTS AND RESOLUTIONS

Given under my hand and the Great Seal of the State of Georgia, at the City of Atlanta, on this 14th day of March, 2020.

(SEAL)

/s/ BRIAN P. KEMP GOVERNOR

ATTEST
/s/ TIMOTHY K. FLEMING CHIEF OF STAFF

GEORGIA LAWS 2020 EXTRAORDINARY SESSION

ES3

CONCURRENCE OF GENERAL ASSEMBLY WITH GOVERNOR'S EXECUTIVE ORDER NO. 03.14.20.01 DECLARING A PUBLIC HEALTH STATE OF EMERGENCY.

No. ___ (House Resolution No. 4EX). Complier's Note: This Resolution was not assigned an Act Number
A RESOLUTION
Concurring with Governor Brian P. Kemp's Executive Order No. 03.14.20.01 declaring a public health state of emergency; and for other purposes.
WHEREAS, in late 2019, a new and significant outbreak of respiratory disease caused by a novel coronavirus, known as COVID-19, was first identified in Wuhan, China; and
WHEREAS, COVID-19 is an infectious virus that can spread from person to person, causing respiratory disease that can result in serious illness or death; and
WHEREAS, on March 13, 2020, President Donald Trump declared the outbreak of COVID-19 a national emergency; and
WHEREAS, the Centers for Disease Control and Prevention has identified the potential public health threat posed by COVID-19 both globally and in the United States, and has advised that the person-to-person spread of COVID-19 will continue to occur globally, including within the United States; and
WHEREAS, the Centers for Disease Control and Prevention has noted that COVID-19 is now "community spread," meaning people have contracted the virus in areas of Georgia as a result of direct or indirect contact with infected persons, including some who are not sure how or where they became infected; and
WHEREAS, as of March 14, 2020, laboratory testing had confirmed more than 60 cases of COVID-19 in Georgia; and
WHEREAS, on March 14, 2020, under the authority granted in Code Section 38-3-51 of the Official Code of Georgia Annotated, Governor Brian P. Kemp declared a public health emergency and issued Executive Order No. 03.14.20.01 as a necessary and appropriate action to protect the health, safety, and welfare of Georgia's residents and visitors to ensure COVID-19 remains controlled throughout this State; and

ES4

PROCLAMATIONS, ACTS AND RESOLUTIONS

WHEREAS, pursuant to Code Section 38-3-51 of the Official Code of Georgia Annotated, action by the General Assembly is necessary to concur with or terminate the executive order as a condition precedent to the public health state of emergency going into effect.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body concur with Executive Order No. 03.14.20.01 issued by Governor Brian P. Kemp declaring a public health state of emergency.

BE IT FURTHER RESOLVED that pursuant to Code Section 38-3-51 of the Official Code of Georgia Annotated, the General Assembly by concurrent resolution may terminate a state of emergency at any time.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives and the Secretary of the Senate are authorized and directed to make appropriate copies of this resolution available for distribution to Governor Brian P. Kemp and members of the public and the press.

ACTS AND RESOLUTIONS OF THE
SECOND SESSION OF THE 155TH
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2020
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume One

GEORGIA LAWS 2020 SESSION

1

REVENUE AND TAXATION SALES AND USE TAXES; MARKETPLACE FACILITATORS.

No. 322 (House Bill No. 276).

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 revise the definition of dealer; to require the collection and remittance of sales tax by certain persons that facilitate certain retail sales; to define marketplace facilitator and marketplace seller; to prohibit certain class action suits; to provide for limitations and exceptions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended in Code Section 48-8-2, relating to definitions, by adding a new subparagraph to paragraph (8) and by adding two new paragraphs to read as follows:
"(M.3) Acts as a marketplace facilitator to facilitate retail sales that are taxable under this chapter to be delivered, held for pickup, used, consumed, distributed, stored for use or consumption, or rendered as a service within this state, if the total value of the sales price of all such retail sales, combined across all its marketplace sellers and the marketplace facilitator itself, equals or exceeds $100,000.00 in aggregate in the previous or current calendar year;" "(18.1) 'Marketplace facilitator' means a person that contracts with a seller in exchange for any form of consideration to make available or facilitate a retail sale that is taxable under this chapter on behalf of such seller by directly or through any agreement or arrangement with another person: (A) Providing a service that makes available or facilitates such retail sale in any manner, including, but not limited to, promoting, marketing, advertising, taking orders or reservations for, providing the physical or electronic infrastructure that brings purchasers and marketplace sellers together for, or otherwise similarly assisting the seller in making such retail sale, or transmitting or otherwise similarly communicating the offer and acceptance between the marketplace seller and the purchaser for, or otherwise similarly assisting the seller for such retail sale, but excluding merely processing the payments for such retail sale; and (B) Collecting, charging, processing, or otherwise similarly facilitating payment for such retail sale on behalf of the marketplace seller.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(18.2) 'Marketplace seller' means a person that conducts a retail sale through or facilitated by any physical or electronic marketplace or platform operated directly or indirectly by a marketplace facilitator, regardless of whether such marketplace seller is required to be registered with the department pursuant to Code Section 48-8-59."

SECTION 2. Said chapter is further amended in Code Section 48-8-30, relating to imposition of tax, rates, and collection, by adding a new subsection to read as follows:
"(c.2)(1) A marketplace facilitator that meets the definition of a dealer provided in subparagraph (M.3) of paragraph (8) of Code Section 48-8-2 shall constitute the dealer and retailer for each retail sale taxable under this chapter at retail that it facilitates within or outside this state on behalf of a marketplace seller if such retail sale is sourced, as provided in Code Section 48-8-77, to a location within this state.
(2)(A) All taxes levied or imposed by this chapter on retail sales described in paragraph (1) of this subsection shall be paid by the purchaser to the marketplace facilitator that facilitates the retail sale on behalf of a marketplace seller. (B) The marketplace facilitator shall remit such taxes to the commissioner as provided in this article and, when received by the commissioner, the taxes shall be credited against the taxes imposed on the retail sale. (C) Each marketplace facilitator shall be liable for the full amount of taxes levied or imposed by this chapter on all retail sales described in paragraph (1) of this subsection or the amount of tax collected by such marketplace facilitator from all purchasers on all such retail sales, whichever is greater. (3) For the purposes of this subsection, it shall be prima-facie evidence that a retail sale is sourced to a location within this state if it is to be held for pickup, used, consumed, distributed, stored for use or consumption, or rendered as a service within this state. (4) No retail sale that is not taxable to the purchaser at retail shall be taxable to the marketplace facilitator. Taxes collected and remitted by a marketplace facilitator pursuant to this subsection shall be subject to the credit otherwise granted by this article for like taxes previously paid in another state. This subsection shall not be construed to require a duplication in the payment of any tax. (5) A marketplace seller shall not be obligated to collect and remit or be liable for the taxes levied or imposed by this chapter on any retail sale for which its marketplace facilitator is obligated and liable. (6) The department may bring an action for a declaratory judgment in any superior court against any person that meets the definition of a dealer as provided in subparagraph (M.3) of paragraph (8) of Code Section 48-8-2, in order to establish that the collection obligation and liability established 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

GEORGIA LAWS 2020 SESSION

3

obligation against such a dealer. The superior court shall act on such declaratory judgment action and issue a final decision in an expeditious manner. (7) No class action may be brought against a marketplace facilitator in any court of this state on behalf of customers arising from or in any way related to an overpayment of sales or use tax collected on sales facilitated by the marketplace facilitator, regardless of whether that claim is characterized as a tax refund claim. Nothing in this subsection affects a customer's right to seek a refund of taxes erroneously paid. (8) The department shall solely audit the marketplace facilitator for sales made by marketplace sellers but facilitated by the marketplace facilitator. The department will not audit marketplace sellers for sales facilitated by a marketplace facilitator except to the extent the marketplace facilitator seeks relief under paragraph (9) of this subsection. (9) A marketplace facilitator is relieved of liability for failure to collect and remit the correct amount of tax imposed by this chapter to the extent that the marketplace facilitator demonstrates to the satisfaction of the department that the error was due to insufficient or incorrect information given to the marketplace facilitator by the marketplace seller and the marketplace facilitator made a reasonable effort to obtain correct and sufficient information from the marketplace seller; provided, however, that this paragraph shall not apply if the marketplace facilitator and the marketplace seller are related members as defined in Code Section 48-7-28.3. Where a marketplace facilitator is relieved of liability under this paragraph, the marketplace seller is solely liable for the amount of uncollected tax. (10) A person that is a franchisor as such term is defined by 16 C.F.R. 436.1 shall not be a marketplace facilitator with respect to any dealer that is its franchisee, as such term is defined by 16 C.F.R. 436.1, and that would otherwise be a marketplace seller of such franchisor, provided that:
(A) In the prior calendar year, such franchisor and all of its franchisees combined made annual gross sales in the United States of at least $500 million in aggregate; (B) Such franchisee maintains a valid certificate of registration as required by Code Section 48-8-59; and (C) Such franchisee and franchisor maintain a valid contract providing that the franchisee will collect and remit all applicable taxes and fees that the franchisor would otherwise be required to collect and remit as a marketplace facilitator for such franchisee. (11) A person shall not be a marketplace facilitator with respect to any dealer that would otherwise be its marketplace seller if: (A) In the prior calendar year, such dealer made annual gross sales in Georgia of at least $500 million; (B) Such dealer maintains a valid certificate of registration as required by Code Section 48-8-59; and (C) Such dealer and person that would otherwise be the marketplace facilitator maintain a valid contract providing that the dealer will collect and remit all applicable

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GENERAL ACTS AND RESOLUTIONS, VOL. I

taxes and fees that such person would otherwise be required to collect and remit as a marketplace facilitator for such dealer. (12) A dealer shall return and report retail sales for which the dealer acted as a marketplace facilitator to the department as otherwise required by this chapter; provided, however, that such dealer may elect to return and report such retail sales either: (A) Separately from retail sales made directly by such dealer using a separate marketplace facilitator return that shall be published by the department for such purposes; or (B) Together with all other retail sales made directly by such dealer."

SECTION 3. This Act shall become effective on April 1, 2020, and shall apply to all sales occurring on or after April 1, 2020.

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

Approved January 30, 2020.

__________

EDUCATION CRIMES AND OFFENSES DUAL ENROLLMENT COURSES; WEAPONS CARRY WITHIN CERTAIN SCHOOL ZONES.

No. 327 (House Bill No. 444).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise the "Move on When Ready Act" and dual credit courses; to revise a short title; to provide for legislative purpose; to provide for definitions; to provide for certain eligible dual credit courses; to revise provisions relating to eligible high school students; to provide for high school students to take noncovered dual credit courses at their own expense; to provide for responsibilities of the Georgia Student Finance Commission and the Office of Planning and Budget; to amend Code Section 16-11-127.1 of the Official Code of Georgia Annotated, relating to carrying weapons within school safety zones, at school functions, or on a bus or other transportation furnished by a school, so as to provide a conforming change; to provide for related matters; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2020 SESSION

5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2-161.3, relating to the "Move on When Ready Act" and dual credit courses, as follows:
"20-2-161.3. (a) This Code section shall be known and may be cited as the 'Dual Enrollment Act.' (a.1) The purpose of the Dual Enrollment program is to promote and increase access to postsecondary educational opportunities for Georgia high school students while increasing high school graduation rates, preparing a skilled workforce, and decreasing time and cost to postsecondary credential completion. (b) For purposes of this Code section, the term:
(1) 'Commission' means the Georgia Student Finance Commission created by Code Section 20-3-233. (2) 'Department' means the Department of Education. (3) 'Dual credit course' means a postsecondary course, including a virtual course, taken by an eligible high school student pursuant to an arrangement at or through an eligible postsecondary institution for which the student receives secondary credit from his or her eligible high school. (4) 'Eligible core course' means a course in English, math, science, social studies, or a foreign language upon which the commission calculates grade point averages for HOPE scholarship eligibility pursuant to paragraph (3.1) of subsection (b) of Code Section 20-2-157 and which is included in the eligible course list. (5) 'Eligible course list' means a list of courses maintained by the commission which identifies courses approved for funding authorized by this Code section and shall include eligible core courses and eligible CTAE courses. (6) 'Eligible CTAE course' means all career, technical, and agricultural education courses which are aligned with the department's Career Clusters and Pathways programs and which are included in the eligible course list. (7) 'Eligible dual credit course' means a dual credit course which is included in the eligible course list and which is eligible for payment under this program subject to the following maximum credit hour caps:
(A) Eligible high school students with 18 or fewer semester hours, or the equivalent amount of quarter hours, of dual credit courses funded under this part on or before June 30, 2020, shall be limited to a total of 30 semester hours, or the equivalent amount of quarter hours, of eligible dual credit courses; and (B) Eligible high school students with 19 or more semester hours, or the equivalent amount of quarter hours, of dual credit courses funded under this part on or before June 30, 2020, shall be limited to 12 additional semester hours, or the equivalent amount of quarter hours, of eligible dual credit courses.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(8) 'Eligible high school' means any private or public secondary educational institution located within the State of Georgia and any home study program operated pursuant to Code Section 20-2-690. (9) 'Eligible high school student' means a student who is:
(A) Entering or enrolled in eleventh or twelfth grade at an eligible high school taking any eligible dual credit course at any eligible postsecondary institution; or (B) Entering or enrolled in tenth grade at an eligible high school when such student:
(i) Is enrolled in an eligible CTAE course at an institution within the Technical College System of Georgia; (ii) Has obtained prior to the beginning of the term of dual enrollment coursework an SAT or ACT test score that would meet the assessment requirements of a Zell Miller Scholar pursuant to division (27)(A)(i) of Code Section 20-3-519 and is taking eligible core courses at any eligible postsecondary institution; or (iii) Was enrolled as a ninth grader in one or more dual credit courses at an eligible postsecondary institution for which payment was made under this part on or before June 30, 2020. (10) 'Eligible postsecondary institution' or 'postsecondary institution' means an eligible postsecondary institution as defined in paragraph (7) of Code Section 20-3-519. (11) 'Program' means the arrangement authorized by this Code section whereby an eligible high school student takes one or more dual credit courses with the goal of completing postsecondary credit and high school diploma requirements. (12) 'Secondary credit' means high school credit for dual credit courses taken at or through an eligible postsecondary institution under the program. (c) An eligible high school student may apply to an eligible postsecondary institution to take one or more dual credit courses at or through that postsecondary institution which are approved for secondary credit pursuant to subsection (f) of this Code section. If accepted at an eligible postsecondary institution, such eligible high school student may take any such approved dual credit course at or through that postsecondary institution, whether or not the course is taught during the regular eligible high school day, and receive secondary credit therefor under the conditions provided in this Code section. (d) In consultation with and subject to approval by the commission, the department shall develop appropriate forms and counseling guidelines for the program and shall make such forms and guidelines available to eligible high schools and eligible postsecondary institutions. No later than the first day of February each year, each eligible high school shall provide general information about the program, including such forms, to all its eligible high school students. An eligible high school shall also provide counseling services to such students and their parents or guardians before the students enroll in the program. Prior to participating in the program, the student and the student's parent or guardian shall sign the form provided by the eligible high school or by an eligible postsecondary institution stating that they have received the counseling specified in this subsection and that they understand the responsibilities that shall be assumed in

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participating in the program. Program information and materials shall be provided to each eighth grade public school student at the time the student is developing his or her individual graduation plan as required by Code Section 20-2-327. (e) In order to participate in the program, each eligible high school shall be required to execute a participation agreement as prescribed by the commission.
(f)(1) A participating eligible high school shall grant secondary credit to an eligible high school student enrolled in a dual credit course in an eligible postsecondary institution if such student successfully completes such course. The secondary credit granted shall be for a comparable required course; career, technical, and agricultural education course; or elective course. Upon completion of an eligible postsecondary institution's dual credit course, the eligible high school student shall be responsible for requesting that the eligible postsecondary institution notify such student's eligible high school regarding his or her grade in such course. (2) Secondary credits granted for eligible postsecondary institution dual credit courses under paragraph (1) of this subsection shall be counted by the eligible high school toward graduation requirements and subject area requirements of the eligible high school. Evidence of successful completion of each dual credit course and secondary credits granted shall be included in the eligible high school student's secondary school records. (3) A participating eligible high school shall be required to award a high school diploma to an eligible high school student who is enrolled at or through an eligible postsecondary institution under the program as long as the credit earned at or through such postsecondary institution satisfies course requirements needed for the eligible high school student to complete high school graduation. The State Board of Education, in consultation with the State Board of the Technical College System of Georgia and the Board of Regents of the University System of Georgia, shall determine appropriate courses to meet these requirements. No later than July 1, 2015, the department shall communicate to high schools the subject area requirements or elective courses that may be satisfied with dual credit courses provided by eligible postsecondary institutions, which shall include completion of:
(A) At least the following state required ninth and tenth grade level high school courses or their equivalent: two English courses, two mathematics courses, two science courses, two social studies courses, and one health and physical education course; and any state required tests associated with any such courses; and (B) One of the following:
(i) An associate degree program; (ii) A technical college diploma program and all postsecondary academic education and technical education and training prerequisites for any state, national, or industry occupational certifications or licenses required to work in the field; or (iii) At least two technical college certificate of credit programs in one specific career pathway and all postsecondary academic education and technical education and training prerequisites for any state, national, or industry occupational certifications or

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licenses required to work in the field as determined by the Technical College System of Georgia. Students who have taken dual credit courses in pursuit of a high school diploma under this paragraph, and were funded under this part, on or before June 30, 2020, shall not be subject to any maximum credit hour caps as set forth in this Code section. Such students may continue participation in the program until the student completes the coursework required for his or her high school diploma. (4) No local school system that receives funding under this article shall exclude eligible high school students taking one or more dual credit courses pursuant to this Code section from eligibility determinations for valedictorian and salutatorian of a participating eligible high school; provided, however, that this shall not apply to a student who moves into the local school system after tenth grade and has not taken any courses on site at the participating eligible high school. (g) Hours for dual credit courses taken at or through an eligible postsecondary institution pursuant to this Code section by an eligible high school student shall not count against any maximum hourly caps which may be applicable for purposes of HOPE scholarships or grants. (h) The commission is authorized to promulgate rules and regulations not inconsistent with the provisions of this Code section relating to the program described in this Code section. Said rules and regulations shall provide that, after June 30, 2020, eligible high school students shall not be permitted to retake a dual credit course except under extenuating circumstances, as determined by the commission; and after withdrawal from a second dual credit course, a student shall be ineligible to take any dual credit courses except under extenuating circumstances, as determined by the commission. (i)(1) Every eligible postsecondary institution shall be subject to examination by the commission for the sole purpose of determining whether such postsecondary institution has properly complied with rules and regulations established pursuant to this Code section. Such examination shall be conducted by the commission no less frequently than once every three years. The commission is authorized to conduct the examination using sampling and extrapolation techniques. However, nothing in this subsection shall be construed to interfere with the authority of a postsecondary institution to determine its own curriculum, philosophy, purpose, or administration. In the event it is determined that a postsecondary institution knowingly or through error certified an ineligible student to be eligible for the program established under this Code section, the amount paid to the postsecondary institution pursuant to such certification shall be refunded by the postsecondary institution to the commission. The commission may suspend a postsecondary institution from receiving payments under this Code section if it fails to refund any moneys deemed due pursuant to this subsection. (2) Every eligible high school shall be subject to examination by the commission for the sole purpose of determining whether such high school has properly complied with rules and regulations established pursuant to this Code section. Such examination shall be

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conducted on a schedule prescribed by the commission. The commission is authorized to conduct the examination using sampling and extrapolation techniques. In the event it is determined that an eligible high school knowingly or through error certified an ineligible student to be eligible for the program established under this Code section, the commission may institute corrective actions, including but not limited to removing the high school's eligibility under this program. (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 taking eligible dual credit courses; (2) Provide course books to eligible high school students participating in the program taking eligible dual credit courses at no charge to the student; (3) Accept the amount paid by the commission as full payment for tuition, mandatory and noncourse related fees, and course books for eligible high school students taking eligible dual credit courses; and (4) Provide enrollment and student record data to the Office of Planning and Budget and to the state-wide longitudinal data system maintained by such office. Such data shall be submitted in accordance with timelines and formats established by the Office of Planning and Budget. (k) The commission shall provide funding in accordance with this Code section for eligible dual credit courses taken by eligible high school students; provided, however, that the funding provided to the commission for the program shall be subject to annual appropriations enacted by the General Assembly. The commission shall set criteria for funding for tuition, mandatory and noncourse related fees, course books, and transportation. The amount of such funds to be paid shall be determined by the commission. The commission shall create a grant program, subject to the availability of funds, pursuant to which participating public eligible high schools may apply for transportation grants. Such grants shall be awarded based on criteria, terms, and conditions determined by the commission in consultation with the department. (l) In the event the funds made available to the commission are not sufficient to enable the commission to meet all funding requirements of the program, the amount paid to eligible postsecondary institutions shall be reduced by the commission. Under no circumstances shall the eligible postsecondary institutions require an eligible high school student participating in the program taking an eligible dual credit course to pay for tuition, mandatory and noncourse related fees, or course books. (m) Students enrolled in a work based learning program under Code Section 20-2-161.2 may be eligible to earn dual credit upon completing a planned training experience under guidelines developed by the department and the Technical College System of Georgia, provided that students meet postsecondary readiness established in reading and writing and mathematics for the particular advanced training program or associate's degree.

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(n) The commission shall collect and monitor enrollment and student record data for eligible dual credit courses taken pursuant to this Code section. The commission shall annually measure and evaluate the program. The Office of Planning and Budget, the department, eligible postsecondary institutions, and local boards of education shall cooperate with and provide data as necessary to the commission to facilitate the provisions of this subsection. (o) Nothing in this Code section shall be deemed to preclude an eligible high school student from taking one or more dual credit courses at his or her own expense."

SECTION 2. Code Section 16-11-127.1 of the Official Code of Georgia Annotated, relating to carrying weapons within school safety zones, at school functions, or on a bus or other transportation furnished by a school, is amended by revising division (c)(20)(A)(iv) as follows:
"(iv) Not apply to any room or space being used for classes in which high school students are enrolled through a dual enrollment program, including, but not limited to, classes related to the 'Dual Enrollment Act' as provided for under Code Section 20-2-161.3;"

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

Approved April 28, 2020.

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CRIMINAL PROCEDURE PUNISHMENT FOR CERTAIN CRIMES MOTIVATED BY BIAS OR PREJUDICE.

No. 329 (House Bill No. 426).

AN ACT

To amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to repeal certain provisions regarding the sentencing of defendants for crimes involving bias or prejudice; to provide criteria for imposition of punishment for defendants who select their victims based upon certain biases or prejudices; to provide the sanctions for such crimes; to provide a definition; to provide for reporting of bias motivated crimes and the attributes of the parties; 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 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, is amended by repealing Code Section 17-10-17, relating to sentencing of defendants guilty of crimes involving bias or prejudice, circumstances, and parole, in its entirety and inserting in lieu thereof a new Code section to read as follows:
"17-10-17. (a) As used in this Code section, the term 'designated misdemeanor' means:
(1) Simple assault as defined in Code Section 16-5-20; (2) Simple battery as defined in Code Section 16-5-23; (3) Battery as defined in Code Section 16-5-23.1; (4) Criminal trespass as defined in Code Section 16-7-21; and (5) Misdemeanor theft by taking as defined in Code Section 16-8-2. (b) Subject to the notice requirement provided in Code Section 17-10-18 and in enhancement of the penalty imposed, if the trier of fact determines beyond a reasonable doubt that the defendant intentionally selected any victim or group of victims or any property as the object of the offense because of such victim's or group of victims' actual or perceived race, color, religion, national origin, sex, sexual orientation, gender, mental disability, or physical disability, the judge imposing sentence shall: (1) If the offense for which the defendant was convicted is a designated misdemeanor, impose a sentence of imprisonment for a period of not less than six nor more than 12 months, and a fine not to exceed $5,000.00; or (2) If the offense for which the defendant was convicted is a felony, impose a sentence of imprisonment for a period of not less than two years, and a fine not to exceed $5,000.00. (c) The judge shall state when he or she imposes the sentence the amount of the increase of the sentence based on the application of subsection (b) of this Code section."

SECTION 2. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Article 2 of Chapter 4, relating to arrest by law enforcement officers generally, by adding a new Code section to read as follows:
"17-4-20.2. (a) Whenever a law enforcement officer investigates an incident of a crime in which it appears that the defendant intentionally selected any victim or group of victims or any property as the object of the offense because of such victim's or group of victims' actual or perceived race, color, religion, national origin, sex, sexual orientation, gender, mental disability, or physical disability, whether or not an arrest is made, the officer shall prepare and submit to the law enforcement officer's supervisor or other designated person a written

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report of the incident entitled 'Bias Crime Report.' Forms for such reports shall be designed and provided by the Georgia Bureau of Investigation. The report shall include:
(1) Names of the parties; (2) Relationship of the parties; (3) Sex and gender of the parties; (4) Race of the parties; (5) Religion of the parties; (6) Dates of birth of the parties; (7) Time, place, and date of the incident; (8) Whether there is evidence to indicate that the incident occurred because of a person's actual or perceived attributes as specified by subsection (a) of this Code section; (9) Type and extent of the alleged violation; (10) Existence of any objects or symbols associated with the terrorizing of persons based upon actual or perceived race, religion, or sex; (11) Number and types of weapons involved, if any; (12) Existence of any prior difficulties between the parties; (13) Type of police action taken in disposition of case; (14) Whether the victim was apprised of available remedies and services; and (15) Any other information the officer deems pertinent. (b) The report provided for in subsection (a) of this Code section shall be considered for statistical purposes only and, where no arrests are made, shall not be subject to the provisions of Article 4 of Chapter 18 of Title 50. However, upon request, a defendant who has been arrested for a criminal violation subject to Code Section 17-10-17 and the victim shall be entitled to review and copy any report prepared in accordance with this Code section relating to the defendant. (c) Each police department, including local precincts and county sheriff departments, shall report, according to rules and regulations of the Georgia Crime Information Center, all incidents involving alleged criminal violations subject to the provisions of this Code section, both arrests and nonarrests, to the Georgia Bureau of Investigation, which shall compile and analyze statistics of such crimes and cause them to be published annually in the Georgia Uniform Crime Reports. An offense shall be counted for each incident reported to the police. A zero shall be reported if no incidents have occurred during the reporting period."

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

Approved June 26, 2020.

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RETIREMENT AND PENSIONS GEORGIA FIREFIGHTERS' PENSION FUND; INCREASE CERTAIN DEATH BENEFITS.

No. 370 (House Bill No. 195).

AN ACT

To amend Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, disability benefits, and death benefits relative to the Georgia Firefighters' Pension Fund, so as to increase the benefit amount payable to beneficiaries after the member's death; 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. Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, disability benefits, and death benefits relative to the Georgia Firefighters' Pension Fund, is amended by revising Code Section 47-7-103, relating to benefits payable to a named beneficiary upon death of members prior to the commencement of benefits or payment of benefits equal to members' dues, as follows:
"47-7-103. (a) In the event of the death of an active member who has not commenced receiving any benefits under this chapter, up to five selected beneficiaries of such deceased member shall be entitled to be paid the amount of $10,000.00 split equally among the selected beneficiaries, upon any selected beneficiary making proper application to the executive director of the fund. Such application shall be accompanied by a certified copy of the death certificate of the deceased member and such other information as may be required by the board. (b) In the event of the death of a retired member of the fund who has not elected survivor benefits under Option A or B as provided for in subsection (d) of Code Section 47-7-100 and who has commenced receiving benefits under this chapter, but who has not received total benefits in an amount equal to $10,000.00, up to five beneficiaries selected by the member shall be entitled to receive an equally apportioned amount from the difference between $10,000.00 and the amount of benefits received by such deceased member, upon making application as provided for in subsection (a) of this Code section."

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SECTION 2. This Act shall become effective on July 1, 2020, 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, 2020, 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 June 29, 2020.

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RETIREMENT AND PENSIONS GEORGIA JUDICIAL RETIREMENT SYSTEM; MEMBERSHIP FOR JUDGES OF STATE-WIDE BUSINESS COURT.

No. 371 (House Bill No. 663).

AN ACT

To amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide for membership in the system for each judge employed full time in the state-wide business court; to provide for creditable service; to provide for payment of employee contributions; to provide for transfer of funds; to provide for transfer of membership service; to provide for payments of full actuarial costs; to provide for all other individuals employed by the court; to provide for earnable monthly compensation for purposes of contributions and benefit amounts; 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 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, is amended by revising Code Section 47-23-49, which is reserved, as follows:

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"47-23-49. (a) On and after July 1, 2020, each individual employed full time as a judge in the state-wide business court established pursuant to Article VI of the Constitution shall become a member of this retirement system.
(b)(1) Each individual who became a member of this retirement system on July 1, 2020, pursuant to this Code section, shall be entitled to creditable service in this retirement system for his or her service rendered between January 1, 2020, and June 30, 2020, as a full-time judge in the state-wide business court established pursuant to Article VI of the Constitution, provided that he or she pays to the retirement system within one year the total of the employee contributions that he or she would have made during such period if he or she had been a member pursuant to this Code section. (2) Each individual who becomes a member of this retirement system pursuant to this Code section shall be eligible to transfer his or her creditable service from the Employees' Retirement System of Georgia to this retirement system, provided that he or she notifies the board of such election within one year of obtaining such membership and pays to the retirement system the remaining amount necessary to pay for the full actuarial cost to the retirement system associated with his or her transfer of service. Upon such election and payment, the Employees' Retirement System of Georgia shall transfer to this retirement system all employer and employee contributions paid by or on behalf of him or her together with regular interest thereon, and he or she shall receive service in this retirement system toward vesting only in the full amount of the service he or she rendered as an employee while he or she was a member of the Employees' Retirement System of Georgia and for which credit was allowable in such system. (c) An individual who becomes a member of this retirement system pursuant to this Code section shall be subject to all provisions of this chapter applicable to solicitors-general of the state courts, except as otherwise specifically provided by this chapter. For the purposes of this retirement system, for each such member, his or her earnable monthly compensation shall be the full rate of regular monthly compensation paid from state funds to such member employee for his or her full working time. (d) All other individuals employed by the state-wide business court established pursuant to Article VI of the Constitution shall be treated in accordance with the provisions of Code Section 47-2-70.1 for new state agencies."

SECTION 2. Said chapter is further amended in subsection (a) of Code Section 47-23-100, relating to salary defined, by striking "and" at the end of paragraph (3), replacing the period with "; and" at the end of paragraph (4), and adding a new paragraph to read as follows:
"(5) For any person who is a member of the retirement system pursuant to Code Section 47-23-49, his or her average earnable monthly compensation."

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SECTION 3. This Act shall become effective on July 1, 2020, 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, 2020, 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 June 29, 2020.

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CRIMES AND OFFENSES SCHEDULE IV CONTROLLED SUBSTANCES; DANGEROUS DRUGS; UPDATE.

No. 372 (House Bill No. 759).

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 Schedule IV controlled substances; to change certain provisions relating to the definition of dangerous drug; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by revising subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances, by adding a new paragraph to read as follows:
"(30.25) Solriamfetol, including its salts, isomers, and salts of isomers;"

SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 16-13-71, relating to definition of dangerous drug, by adding new paragraphs to read as follows:
"(17.05) Afamelanotide;" "(17.4) Air polymer-type A;" "(22.7) Alpelisib;" "(106.3) Bremelanotide;"

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"(107.1) Brexanolone;" "(107.45) Brilliant blue G ophthalmic solution;" "(107.7) Brolucizumab-dbll;" "(132.7) Caplacizumab-yhdp;" "(151.55) Cefiderocol;" "(154.45) Cenobamate;" "(217.7) Crizanlizumab-tmca;" "(240.65) Darolutamide;" "(331.054) Elexacaftor;" "(332.1) Enfortumab vedotin-ejfv;" "(332.86) Entrectinib;" "(334.91) Erdafitinib;" "(381.25) Fedratinib;" "(383.2) Ferric maltol;" "(396.3) Fluorodopa F 18;" "(408.1) Ga-68-DOTATOC;" "(415.01) Givosiran;" "(424.6) Golodirsen;" "(506.6) Istradefylline;" "(512.691) Lasmiditan;" "(513.4) Lefamulin;" "(531.45) Lumateperone tosylate;" "(531.75) Luspatercept-aamt;" "(706.7) Pexidartinib;" "(740.7) Pitolisant;" "(746.5) Polatuzumab vedotin-piiq;" "(768.5) PrabotulinumtoxinA-xvfs;" "(772.5) Pretomanid;" "(832.9) Relebactam;" "(843.15) Risankizumab-rzaa;" "(845.2) Romosozumab-aqqg;" "(853.8) Selinexor;" "(858.4) Siponimod;" "(930.901) Tafamidis meglumine;" "(931.79) Tenapanor;" "(974.2) Trastuzumab;" "(981.5) Triclabendazole;" "(985.5) Trifarotene;" "(1018.3) Ubrogepant;" "(1019.7) Upadacitinib;" "(1037.85) Voxelotor;"

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"(1042.04) Zanubrutinib;"

SECTION 3. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by revising paragraph (361.5) of subsection (b) to read as follows:
"(361.5) Reserved;"

SECTION 4. Said chapter is further amended in Code Section 16-13-71, relating to the definition of dangerous drug, by revising paragraph (529.93) of subsection (b) to read as follows:
"(529.93) Reserved;"

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 June 29, 2020.

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REVENUE AND TAXATION DISTRIBUTION OF PROCEEDS OF TITLE AD VALOREM TAX.

No. 373 (House Bill No. 779).

AN ACT

To amend Chapter 5C of Title 48 of the Official Code of Georgia Annotated, relating to alternative ad valorem taxes on motor vehicles, so as to revise the distribution of the proceeds of such taxes among local governments; 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 5C of Title 48 of the Official Code of Georgia Annotated, relating to alternative ad valorem taxes on motor vehicles, is amended by revising paragraph (c)(3)(C) of Code Section 48-5C-1, relating to definitions, exemption from taxation, allocation and

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disbursement of proceeds collected by tag agents, fair market value of vehicle appealable, and report, as follows:
"(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 23 percent of such proceeds to the county governing authority and 28 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 23 percent of such proceeds shall be distributed to the county governing authority and 34 percent of such proceeds shall be distributed to the governing authority of such municipality and the remaining 43 percent of such proceeds shall be distributed to the board of education of the independent school district."

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 June 29, 2020.

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MOTOR VEHICLES AND TRAFFIC DEFINITIONS REGARDING COMMERCIAL CARRIERS.

No. 374 (House Bill No. 861).

AN ACT

To amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to identification and regulation of motor vehicles, so as to amend certain definitions relating to commercial carriers; 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 1 of Title 40 of the Official Code of Georgia Annotated, relating to identification and regulation of motor vehicles, is amended by revising paragraph (8.1) of Code Section 40-1-1, relating to definitions, as follows:
"(8.1) 'Commercial motor vehicle' means any self-propelled or towed motor vehicle used on a highway in intrastate or interstate commerce or both to transport passengers or property when the vehicle:
(A) Has a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight of 4,536 kg (10,001 lbs.) or more; (B) Is designed or used to transport more than eight passengers, including the driver, for compensation; (C) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or (D) Is used to transport material determined to be hazardous by the secretary of the United States Department of Transportation under 49 U.S.C. Section 5103 and transported in a quantity that requires placards under regulations prescribed under 49 C.F.R., Subtitle B, Chapter I, Subchapter C."

SECTION 2. Said chapter is further amended by revising paragraph (3) of subsection (a) of Code Section 40-1-8, relating to safe operations of motor carriers, as follows:
"(3) 'Present regulations' means the regulations promulgated under 49 C.F.R. in force and effect on January 1, 2020."

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 June 29, 2020.

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EDUCATION CHARTER SCHOOLS; CERTAIN EMPLOYEES INCLUDED IN HEALTH INSURANCE; PROOF OF RESIDENCY; TERMS OF MEMBERS OF STATE CHARTER SCHOOLS COMMISSION; STUDENT RECORDS.

No. 375 (House Bill No. 957).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education generally, so as to provide that certain charter school employees shall be included in the health insurance fund for public school teachers; to provide that local start-up charter schools and state charter schools shall require proof of residency either at the time of application or enrollment; to extend the terms of members appointed to the State Charter Schools Commission; to provide for ownership and handling of student records by state charter schools; to revise the deadline for the virtual school performance audit; 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 generally, is amended by revising paragraph (4) of Code Section 20-2-880, relating to definitions for a health insurance plan for public school teachers, as follows:
"(4) 'Public school teacher,' 'teacher,' and 'employee' mean any person employed not less than half time in a professionally certificated capacity or position in the public school systems of this state. 'Public school teacher,' 'teacher,' and 'employee' also mean librarians and other personnel employed not less than 30 hours per week by regional and county libraries. 'Public school teacher,' 'teacher,' and 'employee' also mean personnel employed by the high school program of Georgia Military College. 'Public school teacher,' 'teacher,' and 'employee' also mean any professionally certificated person who has acquired ten years or more of creditable service and who is being paid retirement benefits by the Teachers Retirement System of Georgia, Chapter 3 of Title 47, or by any other public school teacher retirement system in this state. 'Public school teacher,' 'teacher,' and 'employee' also mean any person employed not less than half time and compensated in a professionally certificated capacity or position in a charter school in this state established pursuant to either Article 31 or 31A of this chapter if such charter school elects upon initial approval of its charter or, if such charter school is an existing charter school, elects upon notice by the health insurance plan provided in this part or upon the expiration of its current health care plan or by no later than December 31, 2009, to participate in the health insurance plan established pursuant to this subpart. 'Public

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school teacher,' 'teacher,' and 'employee' shall not be deemed to include any emergency or temporary employee. Notwithstanding this definition or any other provision of this subpart, the board may, by regulation, make available to employees who work 17 1/2 hours or more per week such benefits as are required to be made available to such employees by regulations of the United States Internal Revenue Service or any other federal authority."

SECTION 2. Said title is further amended by revising subsections (a) and (b) of Code Section 20-2-2066, relating to admission, enrollment, and withdrawal of charter school students, as follows:
"(a) A local charter school shall enroll students in the following manner: (1)(A) A start-up charter school shall enroll any student who resides in the attendance zone specified in the charter and who submits a timely application as specified in the charter unless the number of applications exceeds the capacity of a program, class, grade level, or building. The governing board of the charter school shall require proof of residency either at the time of application or enrollment. Except for educationally disadvantaged students who may be provided an increased chance of admission through a weighted lottery if permitted by the school's charter, all such applicants shall have an equal chance of being admitted through a random selection process unless otherwise prohibited by law; provided, however, that a start-up charter school may give enrollment preference to applicants in any one or more of the following categories in the order of priority specified in the charter: (i) A sibling of a student enrolled in the start-up charter school; (ii) A sibling of a student enrolled in another local school designated in the charter; (iii) A student whose parent or guardian is a member of the governing board of the start-up charter school or is a full-time teacher, professional, or other employee at the start-up charter school; (iv) Students matriculating from a local school designated in the charter; and (v) Children who matriculate from a pre-kindergarten program which is associated with the school, including, but not limited to, programs which share common facilities or campuses with the school or programs which have established a partnership or cooperative efforts with the school. (B) A conversion charter school shall enroll any student who resides in the attendance zone specified in the charter and who submits a timely application as specified in the charter. If the number of applying students who reside in the attendance zone does not exceed the capacity as specified in the charter, additional students shall be enrolled based on a random selection process, except for educationally disadvantaged students who may be provided an increased chance of admission through a weighted lottery if permitted by the school's charter; provided, however, that a conversion charter school may give enrollment preference to applicants in any one or more of the following categories in the order of priority specified in the charter:

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(i) A sibling of a student enrolled in the conversion charter school or in any school in the high school cluster; (ii) A student whose parent or guardian is a member of the governing board of the conversion charter school or is a full-time teacher, professional, or other employee at the conversion charter school; (iii) Students who were enrolled in the local school prior to its becoming a conversion charter school; (iv) Students who reside in the attendance zone specified in the charter; and (v) Children who matriculate from a pre-kindergarten program which is associated with the school, including, but not limited to, programs which share common facilities or campuses with the school or programs which have established a partnership or cooperative efforts with the school; and (2) A student who resides outside the school system in which the local charter school is located may not enroll in that local charter school except pursuant to a contractual agreement between the local boards of the school system in which the student resides and the school system in which the local charter school is located. Unless otherwise provided in such contractual agreement, a local charter school may give enrollment preference to a sibling of a nonresident student currently enrolled in the local charter school. (b) A state chartered special school shall enroll any student who resides in the attendance zone specified in the charter and who submits a timely application as specified in the charter unless the number of applications exceeds the capacity of a program, class, grade level, or building. The governing board of the charter school shall require proof of residency either at the time of application or enrollment. The period of time during which an application for enrollment may be submitted shall be specified in the charter. Except for educationally disadvantaged students who may be provided an increased chance of admission through a weighted lottery if permitted by the school's charter, all such applicants shall have an equal chance of being admitted through a random selection process unless otherwise prohibited by law; provided, however, that a state chartered special school may give enrollment preference to applicants in any one or more of the following categories in the order of priority specified in the charter: (1) A sibling of a student enrolled in the state chartered special school; (2) A sibling of a student enrolled in another local school designated in the charter; (3) A student whose parent or guardian is a member of the governing board of the state chartered special school or is a full-time teacher, professional, or other employee at the state chartered special school; (4) Students matriculating from a local school designated in the charter; and (5) Children who matriculate from a pre-kindergarten program which is associated with the state chartered special school, including, but not limited to, programs which share common facilities or campuses with the school or programs which have established a partnership or cooperative efforts with the school."

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SECTION 3. Said title is further amended by revising subsection (b) of Code Section 20-2-2082, relating to State Charter Schools Commission, members, and operations, as follows:
"(b) The commission shall be appointed by the State Board of Education and shall be composed of a total of seven members and made up of three appointees recommended by the Governor, two appointees recommended by the President of the Senate, and two appointees recommended by the Speaker of the House of Representatives. The Governor, the President of the Senate, and the Speaker of the House of Representatives shall each recommend a list of no fewer than two nominees for each appointment to the commission. The appointments shall be made as soon as feasible but no later than the first regular meeting of the State Board of Education in February, 2013. Each member appointed on or after July 1, 2020, shall serve a term of four years unless the State Board of Education, after review and upon recommendation by the initial recommending authority, extends the appointment. Vacancies in appointed positions shall be filled for the remainder of the term by the State Board of Education from a recommendation by the appropriate authority according to the procedure set forth in this subsection. The members of the commission shall annually vote to appoint a chairperson and a vice chairperson from among its membership. Each member of the commission shall hold a bachelor's degree or higher, and the commission should include a group of diverse individuals representative of Georgia's school population, to the extent possible, with respect to race, sex, and geography who have experience in finance, administration, law, and education."

SECTION 4. Said title is further amended by adding a new Code section to Article 31A of Chapter 2, relating to state charter schools, to read as follows:
"20-2-2088.1. (a) Except as provided for in subsection (b) of this Code section, records created, received, or maintained in the performance of a charter by a state charter school shall be the property of the state charter school. Nothing in this subsection shall preclude a state charter school from contracting with a third party for services related to the creation and maintenance of records; provided, however, that at no time shall the third party withhold or otherwise prevent access to any record which is the property of the state charter school; and provided, further, that such contract expressly provides that the third party shall comply with applicable federal, state, and local laws relating to the confidentiality or privacy of the records that are the subject of such contract. (b) In the event that a state charter school ceases operations for any reason, including, but not limited to, the termination, nonrenewal, or abandonment of the state charter school's charter, the nonprofit entity which held the charter contract shall retain ownership, including all incumbent responsibilities of an operational state charter school, of all records for a period of one year from the later of the date the charter contract expired, the date the charter contract was terminated, or the date the state charter school ceased operations.

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Incumbent responsibilities include, but are not limited to, transferring student records to public or private schools, schools operated by the Department of Juvenile Justice, and the local school system or schools from which the records are requested. After the one-year period, the nonprofit entity which held the charter contract shall transfer all records, including student records, to the commission in the format and manner specified by the commission. (c) Nothing in this Code section shall be construed to limit the inspection of public records as provided for in Article 4 of Chapter 18 of Title 50."

SECTION 5. Said title is further amended by revising paragraph (3) of subsection (a) of Code Section 20-2-2093, relating to annual report on state charter schools that offer virtual instruction, minimum requirements, and publication on website, as follows:
"(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 April 1 of each year. The annual report shall also be posted on the state charter school's official website."

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

Approved June 29, 2020.

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CONSERVATION AND NATURAL RESOURCES SOLID WASTE MANAGEMENT; EXPANSION OF LANDFILLS NEAR MILITARY BOMBING RANGES; SURCHARGES FOR COAL COMBUSTION RESIDUALS; TIRE DISPOSAL FEES.

No. 376 (Senate Bill No. 123).

AN ACT

To amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding solid waste management, so as to allow the expansion of certain municipal solid waste landfills to areas within two miles of military air space used as bombing ranges; to remove provisions relating to coal combustion residual surcharges and their disbursement for certain expenditures; to increase certain solid waste

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disposal surcharges; to amend the sunset date; to require the director of the Department of Natural Resources to submit an annual report to the House Committee on Natural Resources and Environment and the Senate Natural Resources and the Environment Committee; to increase certain tire disposal 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. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding solid waste management, is amended by revising subsection (d) of Code Section 12-8-25.3, relating to further restrictions on sites within significant ground-water recharge area or near military air space used as bombing range, as follows:
"(d)(1) Notwithstanding any other provision of law or any administrative regulation or action to the contrary, no permit shall be issued for a municipal solid waste landfill within two miles of a federally restricted military air space which is used for a bombing range. The provisions of this subsection shall apply to all permit applications pending on or after July 1, 1997, and to all permits denied prior to such date which are the subject of an appeal or judicial review pending on such date. (2) This subsection shall not prohibit or prevent any municipal solid waste landfill that was permitted and operational on July 1, 1997, from expanding its operation into an area outlined in paragraph (1) of this subsection."

SECTION 2. Said part is further amended by revising subsection (d), paragraph (1) of subsection (e), and subsection (g) of Code Section 12-8-39, relating to waste management cost reimbursement 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 subparagraph (B) 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 for construction or demolition waste or inert waste, in addition

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to any other negotiated charges or fees which shall be imposed by and paid to the host local government for the facility. (C) Any contract in existence on September 1, 2020, shall be exempt from the provisions of this subsection until such time as the contract is renewed, replaced, extended, amended, or otherwise changed. (2)(A) At least 20 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; (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. (e)(1) Owners or operators of any solid waste disposal facility other than an inert waste landfill as defined in regulations promulgated by the board or a private industry solid waste disposal facility shall assess and collect on behalf of the division from each disposer of waste a surcharge of 75 per ton of solid waste disposed. Two percent of said surcharge collected may be retained by the owner or operator of any solid waste disposal facility collecting said surcharge to pay for costs associated with collecting said surcharge. Surcharges assessed and collected on behalf of the division shall be paid to the division not later than the first day of July of each year for the preceding calendar year. Any facility permitted exclusively for the disposal of construction or demolition waste that conducts recycling activities for construction or demolition materials shall

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receive a credit toward the surcharge listed above per ton of material recycled at the facility." "(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 June 30, 2025. The director shall make an annual report to the House Committee on Natural Resources and Environment and the Senate Natural Resources and the Environment Committee regarding the status of the activities funded by the hazardous waste trust fund."

SECTION 3. Said part is further amended by revising subsection (h) of Code Section 12-8-40.1, relating to waste management tire disposal restrictions and fees, as follows:
"(h)(1) A fee is imposed upon the retail sale of all new replacement tires in this state of $1.00 per tire sold. The fee shall be collected by retail dealers at the time the retail dealer sells a new replacement tire to the ultimate consumer; provided, however, that a Georgia tire distributor who sells tires to retail dealers must collect such fees from any retail dealer who does not have a valid scrap tire generator identification number issued by the division. The fee and any required reports shall be remitted not less than quarterly on such forms as may be prescribed by the division. The division is authorized to contract with the Department of Revenue to, and the Department of Revenue is authorized to, collect such fees on behalf of the division. All fees received shall be deposited into the state treasury to the account of the general fund in accordance with the provisions of Code Section 45-12-92. All moneys deposited into the solid waste trust fund shall be deemed expended and contractually obligated and shall not lapse to the general fund. (2) In collecting, reporting, and paying the fees due under this subsection, each distributor or retailer shall be allowed the following deductions, but only if the amount due was not delinquent at the time of payment:
(A) A deduction of 3 percent of the first $3,000.00 of the total amount of all fees reported due on such report; and (B) A deduction of one-half of 1 percent of that portion exceeding $3,000.00 of the total amount of all fees reported due on such report. (3) The tire fees authorized in this subsection shall cease to be collected on June 30, 2025. The director shall make an annual report to the House Committee on Natural Resources and Environment and the Senate Natural Resources and the Environment Committee regarding the status of the activities funded by the solid waste trust fund. (4) The fee amount provided for in this subsection shall be subject to revision pursuant to Code Section 45-12-92.2."

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

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

Approved June 29, 2020.

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CRIMES AND OFFENSES PUBLIC OFFICERS AND EMPLOYEES SOCIAL SERVICES AUTHORITY OF ATTORNEY GENERAL TO INVESTIGATE AND PROSECUTE CERTAIN CRIMES.

No. 377 (Senate Bill No. 394).

AN ACT

To amend Article 3 of Chapter 5 of Title 16, Article 1 of Chapter 15 of Title 45, and Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, general provisions regarding the Attorney General, and medical assistance generally, respectively, so as to provide for authority of the Attorney General to investigate and prosecute certain crimes and offenses; to provide for definitions; to provide for authority of the Attorney General to employ peace officers for certain purposes; 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 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, is amended in Code Section 16-5-46, relating to trafficking of persons for labor or sexual servitude, by adding a new paragraph to subsection (a) and by revising subsection (h) as follows:
"(5.1) 'Peace officer' shall have the same meaning as provided for in subparagraph (A) of paragraph (8) of Code Section 35-8-2." "(h)(1) Prosecuting attorneys and the Attorney General shall have concurrent authority to prosecute any criminal cases arising under the provisions of this Code section and to perform any duty that necessarily appertains thereto.

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(2) For purposes of investigating offenses or criminal cases arising under the provisions of this Code section, the Attorney General shall have the authority to employ peace officers who shall be authorized to execute all powers of a peace officer."

SECTION 2. Article 1 of Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding the Attorney General, is amended in Code Section 45-15-17, relating to power to conduct investigations generally and issuance and enforcement of subpoenas, by adding a new subsection to read as follows:
"(e)(1) As used in this subsection, 'peace officer' shall have the same meaning as provided for in subparagraph (A) of paragraph (8) of Code Section 35-8-2. (2) For the purposes of this Code section, the Attorney General shall have the authority to employ peace officers who shall be authorized to execute all powers of a peace officer."

SECTION 3. 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 49-4-146.1, relating to unlawful acts, violations and penalties, recovery of excess amounts, termination and reinstatement of providers, duty of department to identify and investigate violations, notifications, and authorization to obtain income eligibility verification, by adding a new paragraph to subsection (a) and by adding a new subsection to read as follows:
"(5.1) 'Peace officer' shall have the same meaning as provided for in subparagraph (A) of paragraph (8) of Code Section 35-8-2." "(k)(1) The Attorney General shall have the authority to investigate and prosecute any offenses or criminal cases arising under the provisions of this Code section and to perform any duty that necessarily appertains thereto. (2) For purposes of investigating offenses or criminal cases arising under the provisions of this Code section, the Attorney General shall have the authority to employ peace officers who shall be authorized to execute all powers of a peace officer."

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

Approved June 29, 2020.

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LABOR AND INDUSTRIAL RELATIONS UNEMPLOYMENT BENEFITS.

No. 378 (Senate Bill No. 408).

AN ACT

To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to change certain provisions and to provide certain benefits and procedures affecting employment and separation from employment; to extend the sunset provision relating to use of sick leave for care of immediate family; to change the definition of the term "deductible earnings"; to provide for emergency adjustments to the "Employment Security Law" during a state-wide emergency declared by the Governor; to extend the maximum benefit weeks; to provide the Commissioner with the authority to establish a short-time compensation program; 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 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising subsection (f) of Code Section 34-1-10, relating to use of sick leave for care of immediate family members, as follows:
"(f) This Code section shall be repealed in its entirety on July 1, 2023, unless extended by an Act of the General Assembly."

SECTION 2. Said title is further amended by revising Code Section 34-8-30, relating to deductible earnings, as follows:
"34-8-30. As used in this chapter, the term 'deductible earnings' means all money earned each week by a claimant for services performed, whether or not received by such claimant, in excess of an amount established by the Commissioner as promulgated by rules and regulations. The amount established by the Commissioner shall not be less than $50.00 nor shall it exceed $300.00. Deductible earnings shall be subtracted from the weekly benefit amount of the claim."

SECTION 3. Said title is further amended in Code Section 34-8-70, relating to duties and powers of Commissioner, by adding a new subsection to read as follows:

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"(i)(1) Notwithstanding any other provision of law, the Commissioner shall have the authority to adopt emergency rules when a state-wide emergency declared by the Governor is in effect and the General Assembly is not in session. Such rules may temporarily:
(A) Modify the maximum benefit amount for regular state benefits, not to exceed 26 times the weekly benefit amount; (B) Suspend unemployment insurance tax filing and payment deadlines and penalties; (C) Waive charges to employers for benefits paid; (D) Expedite the processing of claims; and (E) Waive work search reporting requirements. (2) Any emergency rule adopted by the Commissioner pursuant to this subsection shall expire the earlier of: (A) A date specified by the Commissioner not to exceed 120 days from the date of the adoption of such emergency rule; or (B) The date on which the state-wide emergency ends as declared by the Governor. (3) Any emergency rule adopted pursuant to this subsection shall be published on the website of the department and submitted as promptly as reasonably practicable to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the chairs of the House Committee on Industry and Labor and the Senate Insurance and Labor Committee. (4) Any rule promulgated under this Code section shall not supersede an executive order of the Governor."

SECTION 4. Said title is further amended in Code Section 34-8-193, relating to determination of weekly benefit amount, by revising subsections (d) and (e) as follows:
"(d)(1) Except as otherwise provided in this subsection, the maximum benefits payable to an individual in a benefit year shall:
(A) For claims filed prior to June 14, 2020, be the lesser of: (i) Fourteen times the weekly benefit amount, if this state's average unemployment rate is at or below 6.5 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 6.5 percent up to a maximum of 20 times the weekly benefit amount if this state's average unemployment rate equals or exceeds 9 percent; or (ii) One-fourth of the base period wages.
(B) For claims filed on or after June 14, 2020, be the lesser of: (i) Fourteen times the weekly benefit amount, if this state's average unemployment rate is at or below 4.5 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 4.5 percent up to a maximum of 26 times the weekly benefit amount if this state's average unemployment rate exceeds 10 percent; or

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(ii) One-fourth of the base period wages. If the amount computed is not a multiple of the weekly benefit amount, the total will be adjusted to the nearest multiple of the weekly benefit amount. The duration of benefits shall be extended in accordance with Code Section 34-8-197. (2) In addition to and subsequent to payment of all benefits otherwise allowed under paragraph (1) of this subsection whenever the average rate of total unemployment in this state, seasonally adjusted, as determined by the United States secretary of labor, for the period consisting of the most recent three months for which data for all states are published before the close of such week equals or exceeds 11 percent, weekly unemployment compensation shall be payable under this subsection to any individual who is unemployed, has exhausted all rights to regular unemployment compensation under the provisions of Article 7 of this chapter, and is enrolled and making satisfactory progress, as determined by the Commissioner, in a training program approved by the department, or in a job training program authorized under the Workforce Investment Act of 1998, Public Law 105-220, and not receiving similar stipends or other training allowances for nontraining costs. Each such training program approved by the department or job training program authorized under the Workforce Investment Act of 1998 shall prepare individuals who have been separated from a declining occupation, as designated by the department from time to time, or who have been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment, for entry into a high-demand occupation, as designated by the department from time to time. The amount of unemployment compensation payable under this subsection to an individual for a week of unemployment shall be equal to the individual's weekly benefit amount for the individual's most recent benefit year less deductible earnings, if any. For claims filed prior to June 14, 2020, the total amount of unemployment compensation payable under this subsection to any individual shall be equal to 14 times the individual's weekly benefit amount for the individual's most recent benefit year, if this state's average unemployment rate is at or below 6.5 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 6.5 percent up to a maximum of 20 times the weekly benefit amount if this state's average unemployment rate equals or exceeds 9 percent. For claims filed on or after June 14, 2020, the total amount of unemployment compensation payable under this subsection to any individual shall be equal to 14 times the individual's weekly benefit amount for the individual's most recent benefit year, if this state's average unemployment rate is at or below 4.5 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 4.5 percent up to a maximum of 26 times the weekly benefit amount if this state's average unemployment rate exceeds 10 percent. The provisions of subsection (d) of Code Section 34-8-195 shall apply to eligibility for benefits under this subsection. Except when the result would be inconsistent with other

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provisions of this subsection, all other provisions of Article 7 of this chapter shall apply to the administration of the provisions of this subsection. (3) As used in this subsection, the term 'state's average unemployment rate' means the average of the adjusted state-wide unemployment rates as published by the department for the time periods of April 1 through April 30 and October 1 through October 31. The average of the adjusted state-wide unemployment rates for the time period of April 1 through April 30 shall be effective on and after July 1 of each year and shall be effective through December 31. The average of the adjusted state-wide unemployment rates for the time period of October 1 through October 31 shall be effective on and after January 1 of each year and shall be effective through June 30. (e) An otherwise eligible individual shall be paid the weekly benefit amount, less gross earnings in excess of an amount established by the Commissioner as promulgated by rules and regulations, payable to the individual applicable to the week for which benefits are claimed. Such remaining benefit, if not a multiple of $1.00, shall be computed to the nearest multiple of $1.00. Earnings equal to or less than the amount established by the Commissioner will not affect entitlement to benefits. The amount established by the Commissioner shall not be less than $50.00 nor shall it exceed $300.00. For the purpose of this subsection, jury duty pay shall not be considered as earnings."

SECTION 5. Said title is further amended in Chapter 8, relating to employment security, by adding a new article to read as follows:

"ARTICLE 11

34-8-290. (a) The Commissioner shall have the authority to adopt, amend, or rescind rules and regulations and to take such other action as deemed necessary or suitable in order to establish a work-sharing program that provides employers with an alternative to layoffs. (b) Any work-sharing program so established shall:
(1) Allow employers to voluntarily reduce employees' hours by 10 to 60 percent in lieu of layoffs and provide employees with a corresponding prorated share of unemployment benefits; (2) Conform to the provisions of the definition of short-time compensation program provided in 26 U.S.C. Section 3306(v)of the Federal Unemployment Tax Act; and (3) Include such provisions as are necessary to qualify for available federal reimbursement of benefits and federal short-time compensation administrative grants available, including but not limited to, any funds available under Title II, Subtitle A of the CARES Act (Public Law 116-136), as amended."

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

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

Approved June 29, 2020.

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EDUCATION COLLEGE AND CAREER ACADEMIES; AUTHORIZE COURSE WORK BY HOME STUDY AND PRIVATE SCHOOL STUDENTS.

No. 379 (Senate Bill No. 430).

AN ACT

To amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to authorize home study students and private school students to take courses at a college and career academy; to provide for definitions; to provide for forms and procedures; to provide for requirements; to provide for funding; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," is amended by adding a new Code section to read as follows:
"20-2-319.5. (a) As used in this Code section, the term:
(1) 'College and career academy' has the same meaning as in Code Section 20-4-37. (2) 'Course' means a course offered by a college and career academy to public school students enrolled in such college and career academy. (3) 'Home study student' means a student in a home study program which meets the requirements of subsection (c) of Code Section 20-2-690. (4) 'Private school student' means a student in a private school which meets the requirements of subsection (b) of Code Section 20-2-690.

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(5) 'Resident school system' means the local school system in which a home study student or a private school student would be enrolled by virtue of his or her residence. (b) Local school systems are authorized to enroll home study students and private school students in one or more courses at a college and career academy which is geographically located within the student's resident school system, so long as space is available in such course or courses. (c) The State Board of Education shall promulgate rules and regulations to effectuate the provisions of this Code section, which may include, but not limited to: (1) Forms for use by local school systems to enroll a home study student or a private school student; (2) Timelines for enrolling and withdrawing from a course; (3) Procedures for reporting academic progress and grades to the student's parent or guardian and the student's home study program or private school; (4) Procedures for handling disciplinary issues that arise relating to home study students and private school students while attending the courses; (5) Procedures for reporting disciplinary issues to the student's parent or guardian; and (6) Any other procedures or requirements deemed necessary by the state board. (d) Home study students and private school students enrolled in courses in college and career academies pursuant to this Code section shall meet all of the same requirements for enrollment and participation in a course; shall be subject to all rules, including the school's code of conduct; and shall be subject to any fees for a course which are applicable to the public school students enrolled in the college and career academy. (e) Home study students and private school students shall be responsible for transportation to and from the college and career academy. (f) A local board of education shall earn FTE funds for each home study student and private school student enrolled in one or more courses pursuant to this Code section at a college and career academy that has a charter with such local board of education. Such funds shall be earned in accordance with Code Section 20-2-160 for any one-sixth segment of the day or its block scheduling equivalent that each such student attends in a manner similar to nonresident students, or in accordance with State Board of Education guidelines established for such purpose. A local board of education shall not charge home study students or private school students tuition to enroll in a course pursuant to this Code section."

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

Approved June 29, 2020.

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CIVIL PROCEDURE ACTIONS REGARDING DEFICIENCIES IN CONNECTION TO IMPROVEMENTS TO REALTY.

No. 380 (Senate Bill No. 451).

AN ACT

To amend Article 3 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations on recovery for deficiencies connected with improvements to realty and resulting injuries, so as to clarify actions that may be brought pursuant to Code Section 9-3-51 regarding deficiencies in connection with improvements to realty; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations on recovery for deficiencies connected with improvements to realty and resulting injuries, is amended by revising Code Section 9-3-51, relating to limitations on recovery for deficiency in planning, supervising, or constructing improvement to realty or for resulting injuries to property or person, as follows:
"9-3-51. (a) No action to recover damages:
(1) For any deficiency in the survey or plat, planning, design, specifications, supervision or observation of construction, or construction of an improvement to real property; (2) For injury to property, real or personal, arising out of any such deficiency; or (3) For injury to the person or for wrongful death arising out of any such deficiency shall be brought against any person performing or furnishing the survey or plat, design, planning, supervision or observation of construction, or construction of such an improvement more than eight years after substantial completion of such an improvement. (b) Notwithstanding subsection (a) of this Code section, in the case of such an injury to property or the person or such an injury causing wrongful death, which injury occurred during the seventh or eighth year after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within two years after the date on which such injury occurred, irrespective of the date of death, but in no event may such an action be brought more than ten years after the substantial completion of construction of such an improvement. (c) This Code section shall not apply to actions for breach of contract, including, but not limited to, actions for breach of express contractual warranties."

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SECTION 2. This Act shall apply to causes of action which have accrued on or after January 1, 1968.

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

Approved June 29, 2020.

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CONSERVATION AND NATURAL RESOURCES MOTOR VEHICLES TRANSFER OF CERTAIN DUTIES REGARDING HISTORIC PRESERVATION FROM DEPARTMENT OF NATURAL RESOURCES TO DEPARTMENT OF COMMUNITY AFFAIRS.

No. 381 (Senate Bill No. 473).

AN ACT

To amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to transfer duties, powers, responsibilities, and other authority relative to historic preservation from the Department of Natural Resources to the Department of Community Affairs; to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to disburse the fund allocated from the Department of Natural Resources to the Department of Community Affairs; to amend the Official Code of Georgia Annotated, so as 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:

SECTION 1. Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended in Code Section 12-3-50.1, relating to grants for preservation of "historic properties" and additional powers and duties of department, by revising subsection (c) as follows:
"(c) The Department of Community Affairs shall have the additional powers and duties: (1) To cooperate with agencies of the federal government, other agencies of the state and political subdivisions thereof, and private organizations and individuals, to direct and conduct a comprehensive state-wide survey of historic properties;

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(2) To maintain an inventory and register of historic properties; (3) To document, research, record, and evaluate the significance of historic properties; (4) To prepare comprehensive state-wide and regional historic preservation plans; (5) To provide technical assistance to and cooperate with agencies of the federal government, other agencies of the state and political subdivisions thereof, and private organizations and individuals in the development of historic preservation plans, programs, and projects; (6) To cooperate with agencies of the federal government, other agencies of the state and political subdivisions thereof, and private organizations and individuals, in order that historic properties are taken into consideration at all levels of planning and development; (7) To propose programs and activities to protect, preserve, and encourage the preservation of historic properties in this state; (8) To administer programs of financial and technical assistance for historic preservation projects, including all grants made under authority of this Code section, and to specify the terms and conditions under which any grants of funds are made or used; (9) To make recommendations on the certification and eligibility of historic properties for tax incentives and other programs of public benefit or assistance; (10) To perform those duties and responsibilities assigned to the Department of Community Affairs under Article 3 of Chapter 2 of Title 8, under Article 1 of Chapter 10 of Title 44, and under Article 2 of Chapter 10 of Title 44; (11) To provide public information and education, technical assistance, and training relating to historic preservation; (12) To encourage public interest and participation in historic preservation; (13) To advise and assist the state historic preservation officer, who shall be appointed to serve at the pleasure of the Governor; and (14) To advise the Governor and the General Assembly on matters relating to historic preservation."

SECTION 2. Said chapter is further amended in Code Section 12-3-50.2, relating to the Georgia Register of Historic Places, by revising subsection (e) as follows:
"(e) Any person who is aggrieved or adversely affected by any order or action of the Department of Community Affairs pursuant to this Code section shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the Department of Community Affairs. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The decision of the administrative law judge shall constitute the final decision of the Department of Community Affairs and any party to the hearing, including the Department of Community Affairs, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"

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SECTION 3. Said chapter is further amended in Code Section 12-3-55, relating to general provisions and preservation of state owned historic properties, by revising subsection (a), paragraph (1) of subsection (c), and paragraph (4) of subsection (d) as follows:
"(a) As used in this Code section, the term: (1) 'Commissioner' means the commissioner of community affairs. (2) 'Department' means the Department of Community Affairs." "(1) Each agency shall commence by not later than December 31, 1998, consistent with the preservation of such properties and the mission of the agency and professional preservation standards established by the department and in consultation with the division and with the 1998 Joint Study Committee on Historic Preservation, a study of planning processes which may be required for any preservation as may be necessary to effectuate this Code section;" "(4) The agency's procedures for compliance with historic preservation provisions of this part: (A) Are consistent with procedures issued by the Environmental Protection Division of the Department of Natural Resources pursuant to Chapter 16 of this title, the 'Environmental Policy Act,' as amended; (B) Provide a process for the identification and evaluation of historic properties for listing in the Georgia Register of Historic Places and the development and implementation of agreements in consultation with the commissioner, local governments, Native American tribes, and the interested public, as appropriate, regarding the means by such adverse effects on such properties will be considered; and (C) Provide for the disposition of Native American cultural items from state or tribal land in a manner consistent with Section 3(c) of the Native American Graves Protection and Repatriation Act, 25 U.S.C. Section 3002(c), as amended."

SECTION 4. Said chapter is further amended in Code Section 12-3-56, relating to revitalization of central business districts, and government presence in historic districts, by revising subsection (a) as follows:
"(a) As used in this Code section, the term 'department' means the Department of Community Affairs."

SECTION 5. Said chapter is further amended in Code Section 12-3-58, relating to powers, duties, and authority of the Department of Natural Resources and the Division of Historic Preservation of the Department of Natural Resources and historic preservation grant program, by revising subsection (e) as follows:
"(e)(1) The commissioner of the Department of Community Affairs shall approve each grant or expenditure of moneys from the grant fund.

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(2) Except for the emergency reserve allocation referred to in paragraph (3) of this subsection, the commissioner of the Department of Community Affairs decision on the granting of moneys from the grant fund to nonprofit organizations and local jurisdictions shall be based on a competitive selection process. (3) In any given fiscal year, the commissioner may allocate up to 20 percent of the total moneys available in the grant fund to be held in reserve for unanticipated emergency use in accordance with subsection (d) of this Code section. (4) In any given year, expenditures for routine administration of the grant program may not exceed 10 percent of the total moneys available in the grant fund."

SECTION 6. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige License Plates and Special Plates for certain persons and vehicles, is amended in Code Section 40-2-86, relating to special license plates promoting or supporting certain worthy agencies, funds, or nonprofit corporations with proceeds disbursed to the general fund and the agency, fund, or nonprofit corporation, by revising paragraph (4) of subsection (m) as follows:
"(4) A special license plate promoting historic preservation efforts. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Department of Community Affairs to fund historic preservation programs in the state through the Georgia historic preservation grant program as otherwise authorized by law."

SECTION 7. The Official Code of Georgia Annotated is amended by replacing "Division" with "Department of Community Affairs" or "division" with "Department of Community Affairs" wherever the former terms occur in: (1) Code Section 12-3-55, relating to general provisions and preservation of state owned historic properties; (2) Code Section 12-3-56, relating to revitalization of central business districts and government presence in historic districts; (3) Code Section 12-3-57, relating to legislative findings, historical and museum assistance program, and responsibilities; and (4) Code Section 12-3-58, relating to powers, duties, and authority of the Department of Natural Resources and the Division of Historic Preservation of the Department of Natural Resources and historic grant program.

SECTION 8. The Official Code of Georgia Annotated is amended by replacing "Director" with "Commissioner of the Department of Community Affairs" or "director" with "commissioner of Community Affairs" wherever the former terms occur in:

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(1) Code Section 12-3-55, relating to general provisions and preservation of state owned historic properties; (2) Code Section 12-3-57, relating to legislative findings, historical and museum assistance program, and responsibilities; and (3) Code Section 12-3-58, relating to powers, duties, and authority of the Department of Natural Resources and the Division of Historic Preservation of the Department of Natural Resources and historic grant program.

SECTION 9. The Official Code of Georgia Annotated is amended by replacing "Department of Natural Resources" with "Department of Community Affairs" wherever the former term occurs in: (1) Code Section 12-3-50.2, relating to Georgia Register of Historic Places; (2) Code Section 48-5-7.2, relating to certification as rehabilitated historic property for purposes of preferential assessment; (3) Code Section 48-5-7.3, relating to landmark historic property; (4) Code Section 48-7-29.8, relating to tax credits for rehabilitation of historic structures and conditions and limitations; (5) Code Section 48-7-29.8, (Effective after December 31, 2021) relating to tax credits for rehabilitation of historic structures and conditions and limitations; (6) Code Section 50-16-5.1, relating to the Commission on the Preservation of the State Capitol; and (7) Code Section 50-18-72, relating to when public disclosure is not required.

SECTION 10. The Official Code of Georgia Annotated is amended by replacing "Board of Natural Resources" with "Department of Community Affairs" wherever the former term occurs in: (1) Code Section 25-2-13, relating to buildings presenting special hazards to persons or property, requirements, effect of rules, regulations, and fire safety standards issued before April 1, 1968, and power of local governing authorities; (2) Code Section 48-5-7.2, relating to certification as rehabilitated historic property for purposes of preferential assessment; and (3) Code Section 48-5-7.3, relating to landmark historic property.

SECTION 11. The Official Code of Georgia Annotated is amended by replacing "Division of Historic Preservation of the Department of Natural Resources" and "Division of Historic Preservation of the department" with "Department of Community Affairs" wherever the former term occurs in: (1) Code Section 12-3-50.2, relating to Georgia Register of Historic Places; (2) Code Section 12-3-57, relating to legislative findings, historical and museum assistance program, and responsibilities;

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(3) Code Section 12-3-58, relating to powers, duties, and authority of the Department of Natural Resources and the Division of Historic Preservation of the Department of Natural Resources and historic grant program; (4) Code Section 44-10-25, relating to historic preservation commission -- establishment or designation, number, eligibility, and terms of members; and (5) Code Section 44-10-26, relating to designation by ordinance of historic properties or districts, required provisions, investigation and report, submittal to Department of Natural Resources, notice and hearing, and notification of owners. (6) Code Section 48-7-40.32, relating to revitalization zone tax credits.

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

Approved June 29, 2020.

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STATE GOVERNMENT DEPARTMENT OF NATURAL RESOURCES AUTHORIZED TO CONSTRUCT, OPERATE, AND MAINTAIN CERTAIN WELCOME CENTERS; AUTHORIZE AUTOMATIC TELLER MACHINES AND VENDING MACHINES.

No. 382 (Senate Bill No. 474).

AN ACT

To amend Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Economic Development, so as to provide for the Department of Natural Resources to construct, operate, maintain, and supply informational materials at welcome centers assigned to it by the Governor; to provide for the installation and operation of automated teller machines and cash-dispensing machines at welcome centers; to provide for the installation, operation, and setting of product prices for vending machines; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Economic Development, is amended by

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revising Code Section 50-7-12, relating to welcome centers authorized, department to construct, operate, and maintain centers, installation and operation of vending machines, automated teller machines, and cash-dispensing machines, as follows:
"50-7-12. (a) The Governor shall have authority to direct and provide for the construction of welcome centers at or near the point of entrance into this state of any federal highway. The Department of Transportation may exercise the power of eminent domain in acquiring fee simple title to suitable locations for the erection of such welcome centers. Any welcome center acquired prior to April 23, 1969, may be maintained and improved, regardless of whether the fee simple title therefor is in the state. (b) It shall be the duty of the Department of Economic Development or the Department of Natural Resources to construct, operate, and maintain the welcome centers assigned to such agency by the Governor and keep them supplied with such information, pamphlets, and other materials as will advertise and publicize the tourist attractions, natural resources, industry, history, and commerce of this state. (c) The Department of Economic Development or the Department of Natural Resources, with the concurrence of the Department of Transportation, is further authorized to install or provide for the installation of and to operate or provide for the operation of vending machines and to sell in such machines nonalcoholic beverages, snacks, candy, and other articles as determined by the Department of Economic Development or the Department of Natural Resources to be necessary or desirable for the traveling public at reasonable prices at the welcome centers assigned to such agency. The prices charged for these products will approximate the prevailing rate within the area for similar items so as not to compete unfairly with private enterprise, such prices to be set by the Department of Economic Development or the Department of Natural Resources for the welcome centers assigned to such agency. The Department of Economic Development or the Department of Natural Resources is also authorized to provide for the sale or free distribution of articles and merchandise at the welcome centers assigned to such agency in such manner as is deemed to be in the best interest of promoting the tourist trade in this state. (d) The Department of Economic Development or the Department of Natural Resources, with the concurrence of the Department of Transportation, is authorized to provide for the installation and operation at welcome centers of automated teller machines and cash-dispensing machines at the welcome centers assigned to such agency. If so authorized, such machines shall be established, placed, and operated in accordance with applicable law. Such machines shall be placed in welcome centers upon such terms and conditions as shall be deemed by the Department of Economic Development or the Department of Natural Resources for the welcome centers assigned to such agency to be in the best interest of the state and the traveling public."

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SECTION 2. Such article is further amended by revising Code Section 50-7-14, relating to tourist center within vicinity of domestic residence of state citizen elected President, as follows:
"50-7-14. (a) The Governor shall have authority to direct and provide for the construction of a tourist center on real property owned by or which may be acquired by the state within the general vicinity or area of the domestic residence of any citizen of this state when such citizen has been elected President of the United States and the Governor determines that the number of tourists and other persons visiting the area justifies the center. (b) It shall be the duty of the Department of Economic Development or the Department of Natural Resources to construct, operate, and maintain any such tourist center assigned to such agency by the Governor and keep it supplied with such information, pamphlets, and other materials as will advertise and publicize the tourist attractions, natural resources, industry, history, and commerce of this state. (c) The Department of Economic Development or the Department of Natural Resources is further authorized to provide space for other commercial or noncommercial projects in the center assigned to such agency and allow the persons to sell or provide such articles or services as may be prescribed in the lease, contract, franchise, or other arrangement, as determined by the Department of Economic Development or the Department of Natural Resources for the center assigned to such agency. The Department of Economic Development or the Department of Natural Resources shall regulate the sale or free distribution of such articles, merchandise, and services by other persons at the center assigned to such agency in the manner it deems to be in the best interest of promoting tourist trade in this state and otherwise furthering the purposes for which the center is created. The Department of Economic Development or the Department of Natural Resources is further authorized to install or provide for the installation of and to operate or provide for the operation of vending machines and to sell in such machines nonalcoholic beverages, snacks, candy, and other articles as determined by the Department of Economic Development or the Department of Natural Resources to be necessary or desirable for the traveling public at reasonable prices at the center assigned to such agency. The prices charged for these products will approximate the prevailing rate within the area for similar items so as not to compete unfairly with private enterprise, such prices to be set by the Department of Economic Development or the Department of Natural Resources for the center assigned to such agency. (d) The Department of Economic Development or the Department of Natural Resources may also enter into contracts with other state, local, or federal agencies or with other persons to assist it in construction, operation, or maintenance of the center assigned to such agency. The Department of Economic Development or the Department of Natural Resources may acquire real and personal property for such purposes for the center assigned to such agency."

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SECTION 3. This Act shall become effective on July 1, 2020.

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

Approved June 29, 2020.

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RETIREMENT AND PENSIONS GEORGIA JUDICIAL RETIREMENT SYSTEM; MEMBERSHIP FOR CERTAIN POSITIONS THAT REQUIRE ADMISSION TO STATE BAR OF GEORGIA AS CONDITION OF EMPLOYMENT.

No. 383 (House Bill No. 664).

AN ACT

To amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide for membership in the system for certain persons employed in certain full-time positions requiring admission to the State Bar of Georgia as a condition of employment; to provide for an election for such current employees; to provide for transfer of funds; to provide for payment of actuarial costs; to provide for transfer of membership service; to provide for earnable monthly compensation for purposes of contributions and benefit amounts; to provide for applicability; 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 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, is amended by adding a new Code section to read as follows:
"47-23-43.1. (a) On and after July 1, 2020, each individual employed pursuant to Code Section 28-4-3 in a full-time position requiring admission to and good standing with the State Bar of Georgia as a condition of employment shall become a member of this retirement system; provided, however, that each individual so employed as of June 30, 2020, who is not already a member of this retirement system shall remain a member of the Employees' Retirement System of Georgia unless he or she elects to become a member of this

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retirement system on or before June 30, 2021, notifies the board of such election, and pays to the retirement system the remaining amount necessary to pay for the full actuarial cost to the retirement system associated with his or her transfer of service. Upon such election and payment, such an individual shall become a member of this retirement system, the Employees' Retirement System of Georgia shall transfer to this retirement system all employer and employee contributions paid by or on behalf of him or her together with regular interest thereon, and he or she shall receive service in this retirement system toward vesting only in the full amount of the service he or she rendered as an employee while he or she was a member of the Employees' Retirement System of Georgia and for which credit was allowable in such system. (b) This Code section shall only apply to or affect individuals who are employed on or after July 1, 2020, pursuant to Code Section 28-4-3 in a full-time position requiring admission to and good standing with the State Bar of Georgia as a condition of employment. Members of this retirement system who are so employed shall be subject to all provisions of this chapter applicable to solicitors-general of the state courts, except as otherwise specifically provided by this chapter. For the purposes of this retirement system, for each such member, his or her earnable monthly compensation shall be the full rate of regular monthly compensation paid from state funds to such member employee for his or her full working time."

SECTION 2. Said chapter is further amended in subsection (a) of Code Section 47-23-100, relating to salary defined, by striking "and" at the end of paragraph (3), replacing the period with "; and" at the end of paragraph (4), and adding a new paragraph to read as follows:
"(5) For any member who is a member of the retirement system for whom the provisions of Code Section 47-23-43.1 are applicable, his or her average earnable monthly compensation."

SECTION 3. This Act shall become effective on July 1, 2020, 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, 2020, 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 June 29, 2020.

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WATERS OF THE STATE, PORTS, AND WATERCRAFT ANCHORAGE RESTRICTION AREAS; LIVE-ABOARD VESSELS REGULATION.

No. 384 (House Bill No. 833).

AN ACT

To amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to prohibit overnight anchoring in anchorage restriction areas; to provide for definitions; to establish anchorage restriction areas; to establish short-term and long-term anchoring; to prohibit unlawful acts pertaining to live-aboard vessels within estuarine areas; to remove record-keeping requirements; to provide that the commissioner may grant exemptions; to revise definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended by revising Code Section 52-7-8.4, relating to prohibition of discharge of sewage into estuarine, definitions, establishment of anchorage areas, secured mechanism preventing discharge, record keeping, safe harbor, and exceptions, as follows:
"52-7-8.4. (a) As used in this Code section, the term:
(1) 'Anchorage restriction areas' means areas within the estuarine areas of this state in any location that lies within 300 feet of a marina, 150 feet from a marine structure other than a marina, or within 500 feet of approved commercial shellfish growing areas and designated public harvest areas as determined by the department. (2) 'Estuarine areas' means all tidally influenced waters, marshes, and marshlands lying within a tide-elevation range from 5.6 feet above mean tide level and below. (3) 'Live-aboard vessel' means a floating vessel or other watercraft capable of safe navigation using mechanical means, sails, oars, or other means of propulsion which is utilized primarily as a residence. (4) 'Long-term anchoring' means anchoring a vessel within a 5,280 foot radius of a documented anchoring point where a vessel is anchored for over 14 cumulative days in a calendar year. (5) 'Marina' means a facility that provides fuel, public dockage, public dinghy access, sale of goods or merchandise, vessel maintenance, or other marine services. (6) 'Marine structure' means a public or private dock, pier, bridge, or wharf. Marine structures include, but are not limited to, marinas, boat ramps, boatyards, or other vessel launching or loading facilities.

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(7) 'Overnight' means all consecutive hours between the hours of 30 minutes after sunset and 30 minutes before sunrise. (8) 'Short-term anchoring' means anchoring a vessel within a 5,280 foot radius of a documented anchoring point where a vessel is anchored for up to and including 14 cumulative days in a calendar year. (b) It shall be unlawful for any person to anchor any vessel overnight within the anchorage restriction areas. Nothing in this Code section shall prohibit the owner of a vessel from docking at a private recreational dock so long as such vessel is not utilized as a live-aboard vessel. (c) It shall be unlawful for any person to engage in long-term anchoring of a vessel in the estuarine areas of this state without having first obtained a long-term anchoring permit from the commissioner or his or her designee under such terms and conditions as the commissioner or his or her designee may prescribe. (d) Nothing in this Code section shall prohibit a person from engaging in short-term anchoring of a vessel in the estuarine areas of this state so long as such vessel is not anchored overnight within the anchorage restriction areas. (e) No part of this Code section shall restrict the ability of vessels to seek safe harbor in the event of dangerous weather or mechanical failure. A reasonable period of time whereby a vessel owner may seek safe harbor shall not exceed seven days. (f) Exemptions to the requirements in this Code section may be granted by the commissioner or his or her designee for unique circumstances such as, but not limited to, certain commercial or educational activities. "

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

Approved June 29, 2020.

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PUBLIC OFFICERS AND EMPLOYEES GEORGIA STATE INDEMNIFICATION FUND; BENEFITS FOR DEPENDENTS.

No. 385 (House Bill No. 1017).

AN ACT

To amend Code Section 45-9-85 of the Official Code of Georgia Annotated, relating to payment of indemnification for death or disability, procedure for making payments, and appeal, so as to revise when dependents qualify for a payment of indemnification for death

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under the Georgia State Indemnification Fund; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 45-9-85 of the Official Code of Georgia Annotated, relating to payment of indemnification for death or disability, procedure for making payments, and appeal, is amended by revising paragraph (3) of subsection (a) as follows:
"(3)(A) In the case of death suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management specialist, state highway employee, or prison guard, payment shall be made to:
(i) The surviving unremarried spouse; (ii) The surviving children who are under the age of 19 or, if a student enrolled in an institution of postsecondary education at the time of such death, under the age of 24; or (iii) Individuals not otherwise provided for under this subparagraph who are the dependents of the spouse or deceased person as shown in the spouse's or deceased person's most recent tax return. (B) In the case of organic brain damage suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management specialist, state highway employee, or prison guard, payment shall be made to the legal guardian of the organically brain damaged person. (C) The surviving unremarried spouse, dependents, or the legal guardian may elect to receive payment in a lump sum payment of $150,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum."

SECTION 2. This Act shall apply to claims regarding any incident giving rise to a death occurring on or after August 1, 2016.

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

Approved June 29, 2020.

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RETIREMENT AND PENSIONS CREDITABLE SERVICE FOR PRIOR SERVICE IN GEORGIA
DEFINED CONTRIBUTION PLAN.

No. 386 (Senate Bill No. 26).

AN ACT

To amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, so as to provide for creditable service in the Employees' Retirement System of Georgia for prior service as a member of the Georgia Defined Contribution Plan; to provide for application and payment of the full actuarial cost; 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. Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, is amended by revising Code Section 47-2-99, relating to applicability of creditable service under Code Section 47-2-334 and Chapter 22 of this title and obtaining service and application for creditable service, as follows:
"47-2-99. (a) Any member of the retirement system, including a member subject to the provisions of Code Section 47-2-334, who was, at any time prior to becoming a member, employed by an employer as a temporary full-time employee, may obtain up to 12 months of creditable service for such service as a temporary full-time employee under the conditions contained in this Code section; provided, however, to the extent that such employment was covered under Chapter 22 of this title, relating to the Georgia Defined Contribution Plan, the provisions of Code Section 47-2-101 shall apply. (b) Any person desiring to obtain the creditable service authorized by subsection (a) of this Code section shall make application in such manner as the board of trustees deems proper; tender to the board of trustees such proof of the prior employment as the board shall deem necessary; and pay to the board of trustees the employer and employee contributions as would have been paid if the member had been a member at the time of performing such prior service, together with regular interest thereon compounded annually to the date of payment.

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(c) Application for creditable service authorized by subsection (a) of this Code section must be received by the board of trustees not later than June 30, 2001, or 24 months after the member becomes a member of the retirement system, whichever date is later."

SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"47-2-101. (a) A member who was a member of the Georgia Defined Contribution Plan created by Chapter 22 of this title immediately prior to becoming a member of this retirement system shall be entitled to obtain creditable service in this retirement system for all such prior service with such Georgia Defined Contribution Plan employer. (b) To obtain the creditable service established by subsection (a) of this Code section, a member shall:
(1) Accrue at least five years of membership in this retirement system; (2) Apply to the board of trustees while a contributing member of the retirement system in a manner to be prescribed by the board of trustees; (3) Provide proof of such prior service as a Georgia Defined Contribution Plan member as the board of trustees deems necessary; (4) Authorize the transfer of all funds from his or her Georgia Defined Contribution Plan account related to the prior service for which creditable service is sought; and (5) 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 allowed by this Code section after accounting for any transfer under paragraph (4) of this subsection. (c) Following its approval of an application for creditable service pursuant to this Code section, the board of trustees shall certify to the applicant the amount of the payment to the retirement system required to earn creditable service allowed. (d) A member may make a one-time payment of the full amount established by the board of trustees under subsection (c) of this Code section within 90 days and thereafter receive such creditable service to which he or she is entitled or may elect to participate in a payment plan pursuant to subsection (e) of this Code section.
(e)(1)(A) A member may elect to make equal monthly payments to be deducted from such member's earnable compensation over a period of 12, 24, 36, 48, 60, or 120 months to be paid according to a schedule established by the board of trustees, which amortizes the full actuarial cost of obtaining the creditable service, over the elected period of time based on the retirement system's most recent valuation assumptions. Such schedule shall include a present accounting of the full amount necessary to complete the payments. (B) Once a member makes an election for an eligible period of time, he or she shall not be permitted to change such election.

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(2) At any time prior to retirement, a contributing member may make a one-time payment of the full amount necessary to complete the payments owed pursuant to the schedule established by the board of trustees pursuant to paragraph (1) of this subsection. (3) Upon application for retirement, a member may make a one-time payment to the retirement system of the remaining amount owed pursuant to paragraph (1) of this subsection and shall be awarded such creditable service to which he or she is entitled. (4) Upon retirement, if a member has not paid an amount constituting the full actuarial cost as amortized, he or she shall only be awarded only as many months of creditable service on a whole month, pro rata basis as determined by the board of trustees from the original amortized payment schedule elected under paragraph (1) of this subsection as have been paid for in full. (5) Within 30 days of a member ceasing to be an employee for a reason other than death or retirement such individual shall make a one-time payment to the retirement system of the remaining amount necessary to complete the payments owed in accordance with the schedule established pursuant to paragraph (1) of this subsection and be awarded such creditable service to which he or she is entitled. If he or she does not make such payment, the board of trustees shall issue to such individual a refund of payments made pursuant to this subsection, and he or she shall forfeit the related creditable service; provided, however, that if the individual is a vested member of the retirement system, he or she shall be awarded such creditable service allowed pursuant to paragraph (4) of this subsection. Such individual may reapply for the creditable service sought if eligible and in accordance with this Code section. (6) Within 30 days of a member defaulting by failing to make his or her complete monthly payment in accordance with the schedule established pursuant to paragraph (1) of this subsection such individual shall make a one-time payment to the retirement system of the remaining amount necessary to complete the payments owed in accordance with the schedule established pursuant to paragraph (1) of this subsection and be awarded such creditable service to which he or she is entitled. If he or she does not make such payment, the board of trustees shall issue to such individual a refund of payments made pursuant to this subsection, and he or she shall forfeit the related creditable service. Such individual may reapply for the creditable service sought if eligible and in accordance with this Code section."

SECTION 3. This Act shall become effective on July 1, 2020, 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, 2020, as required by subsection (a) of Code Section 47-20-50.

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

Approved June 29, 2020.

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BUILDINGS AND HOUSING REVIEW BY DEPARTMENT OF COMMUNITY AFFAIRS OF 2021 INTERNATIONAL BUILDING CODE.

No. 387 (House Bill No. 777).

AN ACT

To amend Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for construction, alteration, etc., of buildings and other structures, so as to direct the Department of Community Affairs to undertake a review of the 2021 edition of the International Building Code so as to consider amending the state minimum standard codes to allow tall mass timber construction types; to provide a date by which said review is to be completed; 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 8 of the Official Code of Georgia Annotated, relating to standards and requirements for construction, alteration, etc., of buildings and other structures, is amended by revising Code Section 8-2-23, relating to amendment and revision of codes generally and installation of high-efficiency cooling towers, by adding a new subsection to read as follows:
"(d)(1) On or after July 1, 2020, the department shall undertake a review of the tall mass timber provisions of the 2021 International Building Code, approved by the International Code Council, for the purpose of considering whether the department, with the approval of the board, shall amend the Georgia state minimum standard codes to include provisions for tall mass timber as contained in the 2021 International Building Code for construction types IV-A, IV-B, and IV-C. (2) The department shall complete the review provided for in paragraph (1) of this subsection before July 1, 2021."

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

Approved June 29, 2020.

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CRIMES AND OFFENSES CRIMINAL PROCEDURE DOMESTIC RELATIONS HEALTH MODERNIZATION, CLARIFICATION, AND UPDATE OF PROVISIONS RELATING TO PUBLIC HEALTH; ELIMINATE CERTAIN COUNCILS AND COMMITTEES.

No. 388 (Senate Bill No. 372).

AN ACT

To amend various titles of the Official Code of Georgia Annotated so as to modernize, clarify, and update provisions relating to public health; to eliminate certain councils and committees; to amend Code Section 16-13-71 of the Official Code of Georgia Annotated, relating to dangerous drugs, so as to revise a provision relating to naloxone; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to revise a provision regarding the requirement of defendants to submit to HIV tests for AIDS transmitting crimes; to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to license and ceremony for marriage generally, so as to authorize but not require the Department of Public Health to promulgate rules and regulations regarding premarital fact sheets; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to revise provisions regarding the Office of Women's Health; to revise provisions regarding the transfer of vital records to State Archives; to repeal certain provisions regarding the care and treatment of chronic renal disease patients; to revise provisions regarding a petition for order for temporary healthcare placement transfer by healthcare facilities; to amend various titles of the Official Code of Georgia Annotated so as to update terminology relating to sexually transmitted diseases; 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 16-13-71 of the Official Code of Georgia Annotated, relating to dangerous drugs, is amended by revising paragraph (14.25) of subsection (c) as follows:

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"(14.25) Naloxone -- shall also be exempt from subsections (a) and (b) of this Code section when used for drug overdose prevention and when supplied by a dispenser or licensed distributor or wholesaler as follows:
(A) Nasal adaptor rescue kits containing a minimum of two prefilled 2 ml. luer-lock syringes with each containing 1 mg./ml. of naloxone; (B) Prepackaged nasal spray rescue kits containing single-use spray devices with each containing a minimum of 4 mg./0.1 ml. of naloxone; (C) Muscle rescue kits containing a 10 ml. multidose fliptop vial or two 1 ml. vials with a strength of 0.4 mg./ml. of naloxone; or (D) Prepackaged kits of two muscle autoinjectors with each containing a minimum of 0.4 mg./ml. of naloxone;"

SECTION 2. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, is amended by revising Code Section 17-10-15, relating to AIDS transmitting crimes, requiring defendant to submit to an HIV test, and report of results, as follows:
"17-10-15. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1. (b) A victim or the parent or legal guardian of a minor or incompetent victim of a sexual offense as defined in Code Section 31-22-9.1 or other crime which involves significant exposure as defined by subsection (f) of this Code section may request that the agency responsible for prosecuting the alleged offense request that the person arrested for such offense submit to a test for the human immunodeficiency virus and consent to the release of the test results to the victim. If the person so arrested declines to submit to such a test, the judge of the superior court in which the criminal charge is pending, upon a showing of probable cause that the person arrested for the offense committed the alleged crime and that significant exposure occurred, may order the test to be performed in compliance with the rules adopted by the Department of Public Health. The cost of the test shall be borne by the victim or by the arrested person, in the discretion of the court. (c) Upon a verdict or plea of guilty or a plea of nolo contendere to any AIDS transmitting crime, the court in which that verdict is returned or plea entered shall require the defendant in such case to submit to an HIV test within 45 days following the date of such verdict or plea. (d) Any person required under this Code section to submit to the HIV test who fails or refuses to submit to the test shall be subject to such measures deemed necessary by the court in which the order was entered, verdict was returned, or plea was entered to require involuntary submission to the HIV test, and submission thereto may also be made a condition of suspending or probating any part of that person's sentence for the AIDS transmitting crime.

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(e) If a person is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the person shall be reported to:
(1) The Department of Public Health, which shall disclose the name of the person as necessary to provide counseling to each victim of that person's AIDS transmitting crime if that crime is other than one specified in subparagraph (a)(3)(J) of Code Section 31-22-9.1 or to any parent or guardian of any such victim who is a minor or incompetent person; (2) The court which ordered the HIV test, which court shall make that report a part of that person's criminal record. That report shall be sealed by the court; and (3) The officer in charge of any penal institution or other facility in which the person has been confined by order or sentence of the court for purposes of enabling that officer to confine the person separately from those not infected with HIV. (f) For the purpose of subsection (b) of this Code section, 'significant exposure' means contact of the victim's ruptured or broken skin or mucous membranes with the blood or body fluids of the person arrested for such offense, other than tears, saliva, or perspiration, of a magnitude that the Centers for Disease Control and Prevention have epidemiologically demonstrated can result in transmission of the human immunodeficiency virus. (g) The state may not use the fact that a medical procedure or test was performed on a person under this Code section or use the results of the procedure or test in any criminal proceeding arising out of the alleged offense."

SECTION 3. Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to license and ceremony for marriage generally, is amended by revising Code Section 19-3-41.1, relating to fact sheet for distribution by premarital education providers, requirements, and regulations, as follows:
"19-3-41.1. (a) The Department of Public Health shall prepare a fact sheet for public availability and for distribution by premarital education providers. The Department of Public Health shall make such fact sheet available in electronic form, including, but not limited to, a version that can be legibly printed in a poster size of up to 24 by 36 inches. (b) The fact sheet provided for in subsection (a) of this Code section shall:
(1) Include basic information about the legal rights and responsibilities of parties to a marriage as well as information about dating violence, sexual assault, stalking, domestic violence, and human trafficking, including, but not limited to, the warning signs and behaviors of an abusive partner and the dynamics of domestic violence and other forms of coercive control. Such fact sheet shall also include basic information about the rights of victims of such violence and the resources available to them, including, but not limited to, website and telephone resources, legal assistance, confidential shelters, and civil protective orders; and

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(2) Be developed in partnership with the Georgia Commission on Family Violence and any other agencies in the discretion of the Department of Public Health that serve survivors of dating violence, sexual assault, and human trafficking."

SECTION 4. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Code Section 31-2A-5, relating to the Office of Women's Health, as follows:
"31-2A-5. (a) There is created in the department the Office of Women's Health. (b) The Office of Women's Health shall serve in an advisory capacity to the Office of Health Strategy and Coordination. In particular, the office shall:
(1) Raise awareness of women's nonreproductive health issues; (2) Raise awareness of women's reproductive health issues; (3) Inform and engage in prevention and education activities relating to women's nonreproductive health issues; and (4) Serve as a clearing-house for women's health information for purposes of planning and coordination."

SECTION 5. Said title is further amended in Code Section 31-10-25, relating to disclosure of information contained in vital records and transfer of records to State Archives, by revising subsection (e) as follows:
"(e) When 125 years have elapsed after the date of birth or 100 years have elapsed after the date of death or application for marriage, or divorce, dissolution of marriage, or annulment, the records of these events in the custody of the state registrar shall be transferred to the State Archives and such information shall be made available in accordance with regulations which shall provide for the continued safekeeping of the records."

SECTION 6. Said title is further amended by revising Chapter 16, relating to care and treatment of chronic renal disease patients, as follows:

"CHAPTER 16 31-16-1. (a) The physician and that physician's patient retain the discretion to determine whether or not a kidney dialyzer should be reused. No licensed kidney dialysis clinic or provider of kidney dialysis services which is certificated by the Department of Community Health may interfere with the exercise of that discretion by:
(1) Requiring the reuse of such dialyzer over the objection of that physician and patient; or

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(2) Discriminating against a physician specializing in the practice of nephrology by prohibiting that physician from practicing in such clinic or performing dialysis services for such provider if that discrimination is based upon that physician's refusal to reuse a dialyzer and that refusal is based on the patient's informed consent. (b) A provider of kidney dialysis services who is required to comply with subsection (a) of this Code section but who does not so comply shall have no claim or cause of action for reimbursement for those services which were rendered without that compliance."

SECTION 7. Said title is further amended by revising Code Section 31-36A-7, relating to petition for order for temporary health care placement transfer by health care facility, as follows:
"31-36A-7. (a) In the absence of a person authorized to consent under the provisions of Code Section 31-36A-6, any interested person or persons, including, but not limited to, any authority, corporation, partnership, or other entity operating the healthcare facility where the adult who is unable to consent is then present, with or without the assistance of legal counsel, may petition the probate court for a healthcare placement transfer, admission, or discharge order. The petition must be verified and filed in the county where the adult requiring an alternative placement or transfer, admission, or discharge resides or is found, provided that the probate court of the county where the adult is found shall not have jurisdiction to grant the order if it appears that the adult was removed to that county solely for purposes of filing such a petition. The petition shall set forth:
(1) The name, age, address, and county of the residence of the adult, if known; (2) The name, address, and county of residence of the petitioner; (3) The relationship of the petitioner to the adult; (4) The current location of the adult; (5) A physician's certification pursuant to Code Section 31-36A-5; (6) The absence of any person to consent to such transfer, admission, or discharge as authorized by the provisions of Code Section 31-36A-6; (7) Name and address of the recommended alternative healthcare facility or placement; and (8) A statement of the reasons for such transfer, admission, or discharge as required by subsections (b) and (c) of this Code section. (b) The petition shall be supported by the affidavit of an attending physician, treating physician, or other physician licensed according to the laws of the State of Georgia, attesting the following: (1) The adult is unable to consent for himself or herself; (2) It is the physician's belief that it is in the adult's best interest to be admitted to or discharged from a hospital, institution, medical center, or other healthcare institution providing health or personal care for treatment of any type of physical or mental condition or to be transferred to an alternative facility or placement, including, but not

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limited to, nursing facilities, assisted living communities, personal care homes, rehabilitation facilities, and home and community based programs; and (3) The identified type of healthcare facility or placement will provide the adult with the recommended services to meet the needs of the adult and is the most appropriate, least restrictive level of care available. (c) The petition shall also be supported by the affidavit of the discharging healthcare facility's discharge planner, social worker, or other designated personnel attesting to and explaining the following: (1) There is an absence of a person to consent to such transfer, admission, or discharge as authorized in Code Section 31-36A-6; (2) The recommended alternative facility or placement is the most appropriate facility or placement available that provides the least restrictive and most appropriate level of care and reasons therefor; and (3) Alternative facilities or placements were considered, including home and community based placements and available placements, if any, that were in reasonable proximity to the adult's residence. (d) The court shall review the petition and accompanying affidavits and other information to determine if all the necessary information is provided to the court as required in subsections (a), (b), and (c) of this Code section. The court shall enter an instanter order if the following information is provided: (1) The adult is unable to consent for himself or herself; (2) There is an absence of any person to consent to such transfer, admission, or discharge as authorized in Code Section 31-36A-6; (3) It is in the adult's best interest to be discharged from a hospital, institution, medical center, or other healthcare institution or placement providing health or personal care for treatment for any type of physical or mental condition and to be admitted or transferred to an alternative facility or placement; (4) The recommended alternative facility or placement is the most appropriate facility or placement available that provides the least restrictive and most appropriate level of care; and (5) Alternative facilities or placements were considered, including home and community based placements and available placements, if any, in reasonable proximity to the adult's residence. The order shall authorize the petitioner or the petitioner's designee to do all things necessary to accomplish the discharge from a hospital, institution, medical center, or other healthcare institution and the transfer to or admission to the recommended facility or placement. (e) The order authorizing such transfer, admission, or discharge shall expire upon the earliest of the following: (1) The completion of the transfer, admission, or discharge and such responsibilities associated with such transfer, admission, or discharge, including, but not limited to,

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assisting with the completion of applications for financial coverage and insurance benefits for the health or personal care; (2) Upon a physician's certification that the adult is able to understand and make decisions regarding his or her placements for health or personal care and can communicate such decisions by any means; or (3) At a time specified by the court not to exceed 30 days from the date of the order. (f) The order is limited to authorizing the transfer, admission, or discharge and other responsibilities associated with such decision, such as authorizing the application for financial coverage and insurance benefits. It does not include the authority to perform any other acts on behalf of the adult not expressly authorized in this Code section. (g) This Code section shall not repeal, abrogate, or impair the operation of any other laws, either federal or state, governing the transfer, admission, or discharge of a person to or from a healthcare facility or placement. Further, such person retains all rights provided under laws, both federal and state, as a result of an involuntary transfer, admission, or discharge. (h) Each certifying physician, discharge planner, social worker, or other hospital personnel or authorized person who acts in good faith pursuant to the authority of this Code section shall not be subject to any civil or criminal liability or discipline for unprofessional conduct."

SECTION 8. The Official Code of Georgia Annotated is amended by replacing "venereal" with "sexually transmitted" wherever the former term occurs in: (1) Code Section 26-3-13, relating to when a drug, device, or cosmetic advertisement deemed false; (2) Code Section 31-2A-8, relating to Department of Public Health as agency of state for receipt and administration of federal and other funds; (3) Code Section 31-17-1, relating to enumeration of diseases deemed dangerous to public health; (4) Code Section 31-17-2, relating to report of diagnosis or treatment to health authorities; (5) Code Section 31-17-3, relating to examination and treatment by health authorities; (6) Code Section 31-17-6, relating to regulation of laboratories; (7) Code Section 31-17-7, relating to consent of minor to medical or surgical care or services and informing spouse, parent, custodian, or guardian; (8) Code Section 31-21-3, relating to death of person with infectious or communicable disease; (9) Code Section 31-26-2, relating to requirement of certificate, application, educational requirements, and issuance, suspension, and revocation; and (10) Code Section 42-1-7, relating to notification to transporting law enforcement agency of inmate's or patient's infectious or communicable disease.

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

Approved June 29, 2020.

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EDUCATION STRENGTHEN FINANCIAL MANAGEMENT OF LOCAL SCHOOL SYSTEMS; CHIEF TURNAROUND OFFICER; CREATION; APPEALS PROCESS FOR PERFORMANCE RATINGS; PUBLIC COMMENT PERIOD.

No. 389 (Senate Bill No. 68).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to strengthen provisions relating to the financial management of local school systems; to provide for training for local board of education members and local school superintendents on financial management; to provide for monthly reporting to the local board of education on the financial stability of the local school system; to provide for designation by the Department of Audits and Accounts of high-risk local school systems and moderate-risk local school systems based on annual audits; to provide for financial management provisions in flexibility contracts and system charters; to provide for appointment of the Chief Turnaround Officer by the Governor; to provide for the role of the State School Superintendent in identifying turnaround eligible schools; to repeal a provision relating to grants to assist schools with demonstrated financial need; to provide for annual reporting by the Chief Turnaround Officer; to provide a separate appeals process for certain performance ratings contained in personnel evaluations for teachers who accepted a school year contract for the fourth or subsequent consecutive school year; to provide for the establishment of appeals policies by local units of administration; to provide for appeals hearings to be conducted by independent third parties or system administrators; to require local units of administration to submit copies of their complaint policies to the Department of Education; to require local boards of education to have a public comment period at every meeting; 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 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-2-49, relating to standards for local board of education members, as follows:
"20-2-49. The General Assembly finds that local boards of education play a critical role in setting the policies that lead to the operation and success of local school systems. School board members hold special roles as trustees of public funds, including local, state, and federal funds, while they focus on the singular objective of ensuring each student in the local school system receives a quality basic education. Board duties require specialized skills and training in the performance of vision setting, policy making, approving multimillion dollar budgets, financial management, and hiring a qualified superintendent. The motivation to serve as a member of a local board of education should be the improvement of schools and academic achievement of all students. Service on a local board of education is important citizen service. Given the specialized nature and unique role of membership on a local board of education, this elected office should be characterized and treated differently from other elected offices where the primary duty is independently to represent constituent views. Local board of education members should abide by a code of conduct and conflict of interest policy modeled for their unique roles and responsibilities. And although there are many measures of the success of a local board of education, one is clearly essential: maintaining accreditation and the opportunities it allows the school system's students."

SECTION 1-2. Said title is further amended by revising subsection (e) of Code Section 20-2-51, relating to election of local board of education members, persons ineligible to be members or superintendent, ineligibility for local boards of education, and ineligibility for other elective offices, as follows:
"(e) In addition to any other requirements provided by law, no person shall be eligible for election as a member of a local board of education unless he or she:
(1) Has read and understands the code of ethics and the conflict of interest provisions applicable to members of local boards of education and has agreed to abide by them; (2) Has agreed to annually disclose compliance with the State Board of Education's policy on training for members of local boards of education, the code of ethics of the local board of education, and the conflict of interest provisions applicable to members of local boards of education; and (3) Has completed all prior annual training requirements established by the local board of education and the State Board of Education pursuant to Code Section 20-2-230 if such person is eligible for reelection as a member of the local board of education.

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Each person offering his or her candidacy for election as a member of a local board of education shall file an affidavit with the officer before whom such person has qualified for such election prior to or at the time of qualifying, which affidavit shall affirm that he or she meets all of the qualifications required pursuant to this subsection. This subsection shall apply only to local board of education members elected or appointed on or after July 1, 2010."

SECTION 1-3. Said title is further amended by revising Code Section 20-2-58, relating to regular monthly meeting of local boards, adjournment, temporary presiding officer, and notice of date, as follows:
"20-2-58. (a) It shall be the duty of each local board of education to hold a regular meeting during each calendar month for the transaction of business pertaining to the public schools and to review the financial status of the local school system. Any such meeting may be adjourned from time to time, and, in the absence of the president or secretary, the members of the local board may appoint one of their own number to serve temporarily. The local board shall annually determine the date of its meeting and shall publish it either in the official county organ or, at the option of the local board of education, in a newspaper having a general circulation in said county at least equal to that of the official county organ for two consecutive weeks following the setting of the date; provided, however, that the date shall not be changed more often than once in 12 months and, if changed, the new date shall also be published as provided in this Code section. (b) The State Board of Education shall create a template for local boards of education to use to review the financial status of their local school systems, which shall include, at a minimum, a statement of revenues, expenditures, and encumbrances."

SECTION 1-4. Said title is further amended by revising Code Section 20-2-61, relating to fundamental roles of local boards of education and local school superintendents, as follows:
"20-2-61. (a) The fundamental role of a local board of education shall be to establish policy for the local school system with the focus on student achievement. The fundamental role of a local school superintendent shall be to implement the policy established by the local board. It shall not be the role of the local board of education or individual members of such board to micromanage the superintendent in executing his or her duties, but it shall be the duty of the local board to hold the local school superintendent accountable in the performance of his or her duties; provided, however, that requesting and reviewing financial data and documents shall not constitute micromanaging. Local board of education members should work together with the entire local board of education and shall not have authority as independent elected officials but shall only be authorized to take official action as members

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of the board as a whole. Nothing in this subsection shall be construed to alter, limit, expand, or enlarge any powers, duties, or responsibilities of local boards of education, local board members, or local school superintendents. (b) Except as may be allowed by law, no local board of education shall delegate or attempt to delegate its policy-making functions."

SECTION 1-5. Said title is further amended by revising Code Section 20-2-67, relating to local school system or school subject to corrective action plan for budget deficit, financial operations form, publication, and mailing to Department of Education and local governing body, as follows:
"20-2-67. (a) When an audit by the Department of Audits and Accounts finds and reports irregularities or budget deficits in the fund accounting information regarding a local school system or a school within the local school system, the Department of Audits and Accounts shall report the findings of irregularities or budget deficits to the State Board of Education and the local board of education. The Department of Audits and Accounts shall designate local school systems that have had reported irregularities or budget deficits for three or more consecutive years as high-risk local school systems and shall designate local school systems that have had reported irregularities or budget deficits for one year or two consecutive years as moderate-risk local school systems. (b) The State Board of Education shall inform the superintendent of the local school system of the irregularities or budget deficits regarding a local school system's or a school's fund accounting information, including if a local school system has been designated as a high-risk local school system or moderate-risk local school system. The superintendent shall submit to the Department of Education a response to the findings and a corrective action plan approved by the local board of education at a board meeting within 120 days of receiving notice of designation as a high-risk local school system or moderate-risk local school system, as defined by rules and regulations adopted by the State Board of Education designed to correct the financial irregularities or budget deficits for the school or school system. From the time such irregularity or budget deficit is discovered until the time it is eliminated, the local school superintendent shall present to each member of the local board of education for his or her review and written acknowledgment a monthly report containing all anticipated expenditures by budget function for such school or school system during the current month. The report shall be presented to local board members on or before the tenth business day of each month. Each monthly report shall be signed by each member of that local board and recorded and retained in the minutes of the meeting of the local board of education. (c) Not later than September 30 of the year, each local board of education shall cause to be published in the official county organ wherein the local school system is located once a week for two weeks a statement of actual financial operations for such schools or school

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system identified by the Department of Audits and Accounts as having financial irregularities. Such statement of actual financial operations shall be in a form to be specified and prescribed by the state auditor for the purpose of indicating the current financial status of the schools or school system. Prior to publication, such form shall be executed by the local board of education and signed by each member of said board and the local school superintendent. (d) A copy of the actual financial operations form required to be published by subsection (c) of this Code section shall be mailed by each local board of education to the Department of Education and the local county board of commissioners or local municipal governing authority. A current copy of said form shall be maintained on file in the central administrative office of the local school system for public inspection for a period of at least two years from the date of its publication. Copies of the statement shall be made available on request."

SECTION 1-6. Said title is further amended by revising Code Section 20-2-82, relating to contract terms for local school systems requesting flexibility, as follows:
"20-2-82. (a) The local board of education and the department shall enter into negotiations on the appropriate terms of the contract, including the accountability, flexibility, and consequences components of the contract in accordance with Code Section 20-2-84, in consultation with the Office of Student Achievement. The accountability, flexibility, and consequences components may vary between schools and clusters. (b) The flexibility requested by a local school system pursuant to subsection (b) of Code Section 20-2-84 shall result in consequences in accordance with subsection (c) of Code Section 20-2-84 and Code Section 20-2-84.1 for noncompliance with the accountability requirements established pursuant to subsection (a) of Code Section 20-2-84. (c) The department, in consultation with the Office of Student Achievement, shall make a recommendation to the state board on whether the proposed terms of the contract should be approved by the state board. Such proposed terms of the contract shall require that a local school system has not been designated as a high-risk local school system by the Department of Audits and Accounts pursuant to Code Section 20-2-67, or if it has been designated as a high-risk local school system, the contract shall require that the local school system has a written corrective action plan in place and that local school system board members and appropriate personnel participate in required training to address the deficiencies.
(d)(1) The state board shall have the authority to approve or deny approval of the proposed terms of the contract but shall give all due consideration to the recommendation and input from the Office of Student Achievement.

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(2) In the event that the state board denies approval of the proposed terms of the contract, the local board of education shall work with the department, in consultation with the Office of Student Achievement, for further revisions and resubmission to the state board. (e) The state board shall be authorized to approve a waiver or variance request of specifically identified state rules, regulations, policies, and procedures or provisions of this chapter upon the inclusion of such request in the local school system's proposed contract and in accordance with subsection (b) of Code Section 20-2-84. The goal for each waiver and variance shall be improvement of student performance. The state board shall not be authorized to waive or approve variances on any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title; the requirements of Code Section 20-2-210; the requirements of Code Section 20-2-211.1; or the requirements in subsection (c) of Code Section 20-2-327. A local school system that has received a waiver or variance shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request."

SECTION 1-7. Said title is further amended by revising Code Section 20-2-83, relating to state board approval of local school board flexibility contract, as follows:
"20-2-83. (a) Upon approval of a proposed contract of a local school system which has requested flexibility, the state board shall enter into such contract with the local board of education. (b) The terms of the contract shall include, but not be limited to, accountability, flexibility, and consequences components as negotiated pursuant to subsection (a) of Code Section 20-2-82 and in accordance with Code Section 20-2-84. (c) The terms of the contract shall also include specific requirements relating to maintaining or achieving financial stability of the local school system, including ensuring that the local school system has not been designated as a high-risk local school system by the Department of Audits and Accounts pursuant to Code Section 20-2-67, or if it has been designated as a high-risk local school system, that it has a written corrective action plan in place and that local school system board members and appropriate personnel participate in required training to address the deficiencies. (d) Each contract shall be for a term of six years. The terms of the contract may provide for automatic extension of such contract if a local school system has met its accountability requirements.

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(e) The terms of a contract may be amended during the term of the contract only upon approval of the state board and the local board of education."

SECTION 1-8. Said title is further amended by revising Code Section 20-2-84.2, relating to state monitoring, as follows:
"20-2-84.2. (a) The Office of Student Achievement shall revise the single state-wide accountability system established pursuant to paragraph (1) of subsection (a) of Code Section 20-14-26 for submission to the state board for approval to integrate the requirements of this article, to the greatest extent practicable, including, but not limited to, the loss of governance consequences provided for in Code Section 20-2-84.1. (b) The Office of Student Achievement shall monitor each local school system's progress toward meeting its performance goals in its contract and shall notify the department if a local school system is not in compliance with such performance goals. The department shall provide support and guidance to school systems not meeting their yearly progress goals. (c) The department shall monitor each local school system's financial stability and provide support and guidance to local school systems that are designated as high-risk local school systems or moderate-risk local school systems by the Department of Audits and Accounts pursuant to Code Section 20-2-67 or are at risk of being designated as high-risk local school systems or moderate-risk local school systems."

SECTION 1-9. Said title is further amended by revising Code Section 20-2-103, relating to oath of local school superintendent, as follows:
"20-2-103. Before entering upon the discharge of his or her official duties, the local school superintendent shall take and subscribe to the following oath of office:
STATE OF GEORGIA COUNTY OF __________ I, _______________________, do solemnly swear or affirm that I will truly perform the duties of local school superintendent of the _______________________ School System to the best of my ability. I do further swear or affirm: (1) That I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof and that I will manage the finances of the local school system in compliance with all applicable laws and regulations; (2) That I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited from holding;

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(3) That I am otherwise qualified to hold said office according to the Constitution and the laws of Georgia; and (4) That I will support the Constitution of the United States and of this state.

________________________________ Signature of local school superintendent

Sworn and subscribed before me this ______ day of ______________, ____. (SEAL)."

___________________________________ Typed name of local school superintendent

SECTION 1-10. Said title is further amended by revising Code Section 20-2-109, relating to duties of local school superintendents, as follows:
"20-2-109. (a) The local school superintendent shall constitute the medium of communication between the State School Superintendent and subordinate local school officers. The local school superintendent shall be the executive officer of the local board of education; shall be the agent of the local board in procuring such school equipment and materials as it may order; shall ensure that the prescribed textbooks are used by students; shall verify all accounts before an application is made to the local board for an order for payment; and shall keep a record of all official acts, which, together with all the books, papers, and property appertaining to the office, shall be turned over to the successor. It shall be the local school superintendent's duty to enforce all regulations and rules of the State School Superintendent and of the local board according to the laws of the state and the rules and regulations made by the local board that are not in conflict with state laws; and to visit every school within the local school system to become familiar with the studies taught in the schools, observe what advancement is being made by the students, counsel with the faculty, and otherwise aid and assist in the advancement of public education. (b) The local school superintendent shall report monthly to the local board of education the financial status of the local school system in accordance with Code Section 20-2-58. Each local board of education which governs a local school system that has been designated as a high-risk local school system or moderate-risk local school system by the Department of Audits and Accounts pursuant to Code Section 20-2-67 shall require the local school superintendent to complete training on financial management and financial governance of a local school system."

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SECTION 1-11. Said title is further amended by revising Code Section 20-2-230, relating to staff development programs, as follows:
"20-2-230. (a) All public school officials and professional personnel certificated by the Professional Standards Commission shall be provided the opportunity to continue their development throughout their professional careers. The primary purpose of the staff development sponsored or offered by local boards of education and the Department of Education shall be the implementation of this policy. Two additional purposes of such staff development programs shall be to adopt into general practice the findings of scientifically designed research which has been widely replicated, particularly as it relates to teacher and school effectiveness, and to address professional needs and deficiencies identified during the process of objective performance evaluations.
(b)(1) The State Board of Education shall adopt a training program for members of local boards of education by July 1, 2011. The State Board of Education may periodically adopt revisions to such training program as it deems necessary. (2) Within three months of adoption by the State Board of Education of a training program pursuant to paragraph (1) of this subsection, each local board of education shall adopt a training program for members of such boards that includes, at a minimum, such training program and requirements established by the State Board of Education pursuant to paragraph (1) of this subsection. Each local board of education shall incorporate any revisions adopted by the State Board of Education to the training program pursuant to paragraph (1) of this subsection within three months of adoption of such revisions. (3) All local boards of education are authorized to pay such board members for attendance at a required training program the same per diem as authorized by local or general law for attendance at regular meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for such training, either before or after such board members assume office. (c) The State Board of Education shall require each newly elected member of a local board of education to receive guidance and training regarding his or her own local school system's most recent audit findings and the risk status of the local school system as determined by the Department of Audits and Accounts or the Department of Education. Such training for newly elected board members shall also include training on the role of the local school superintendent with respect to financial management and financial governance of a local school system. (d) The State Board of Education shall require members of local boards of education to complete the training required under this Code section with either the Department of Education or the Department of Audits and Accounts if the local board of education has been designated by the Department of Audits and Accounts as a high-risk local school system pursuant to Code Section 20-2-67 or if the Department of Audits and Accounts has determined that corrective actions have not been implemented or devised to correct serious

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findings in the local school system's Department of Audits and Accounts audit report from the previous year."

SECTION 1-12. Said title is further amended by revising Code Section 20-2-2063.2, relating to charter systems, as follows:
"20-2-2063.2. (a) The state board shall be authorized to enter into a charter with a local board to establish a local school system as a charter system. (b) A local board seeking to create a charter system must submit a petition to the state board. Prior to submitting such petition, the local board shall:
(1) Adopt a resolution approving the proposed charter system petition; (2) Conduct at least two public hearings and provide notice of the hearings in the same manner as other legal notices of the local board; and (3) Send a notice to each principal within the local school system of the hearings with instructions that each school shall distribute the notice to faculty and instructional staff members and to the parent or guardian of each student enrolled in the school. The local board may revise its proposed charter system petition, upon resolution, as a result of testimony at the public hearings or for other purposes. (c) Prior to approval or denial of a charter petition for a charter system, the state board shall receive and give all due consideration to the recommendation and input from the Charter Advisory Committee established in Code Section 20-2-2063.1. The state board shall approve the charter if the state board finds, after receiving input from the Charter Advisory Committee, that the petition complies with the rules, regulations, policies, and procedures promulgated pursuant to Code Section 20-2-2063 and the provisions of this title, is in the public interest, and promotes school level governance. A charter for a charter system shall include the interventions, sanctions, and loss of governance consequences contained in Code Section 20-14-41. A charter for a charter system shall require that the local school system has not been designated as a high-risk local school system by the Department of Audits and Accounts pursuant to Code Section 20-2-67, or if it has been designated as a high-risk local school system, the charter shall require that the local school system has a written corrective action plan in place and that local school system board members and appropriate personnel participate in required training to address the deficiencies. (d) All schools within an approved charter system shall be system charter schools except as otherwise provided in subsections (f) and (g) of this Code section. (e)(1) Subject to appropriations by the General Assembly or other available funding, the state board, after receiving input and recommendations from the Charter Advisory Committee, shall disburse planning grants to local school systems which desire to become charter systems. Such grants will be disbursed in accordance with any applicable guidelines, policies, and requirements established by the state board.

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(2) Subject to specific appropriations by the General Assembly for this purpose, the state board shall disburse implementation grants in the amount of $125,000.00 or such other amount as determined by the state board to each charter system. The state board shall be authorized to approve up to five petitions for charter systems during fiscal year 2008, and may approve up to a maximum number of petitions in following years as may be established pursuant to board rules and as subject to availability of funding for implementation grants. (f) A system charter school shall not be precluded from petitioning to become a conversion charter school, in accordance with Code Section 20-2-2064, not subject to the terms of the system charter. In the event a system charter school becomes a conversion charter school, the system charter shall be amended to reflect that such school is no longer bound by the system charter. (g) An existing conversion or start-up charter school within a local school system which is petitioning to become a charter system shall have the option of continuing under its own existing charter, not subject to the terms of the system charter, or of terminating its existing charter, upon agreement by the local board and state board, and becoming subject to the system charter as a charter system school."

SECTION 1-13. Said title is further amended by revising subsection (a) of Code Section 20-2-2063.3, relating to code of principles and standards for charter school authorizers, as follows:
"(a) The State Board of Education and the State Charter Schools Commission shall jointly establish a code of principles and standards of charter school authorizing to guide local boards of education, the state board, and the State Charter Schools Commission in meeting high-quality authorizing practices. The principles and standards established by the state board and the State Charter Schools Commission shall include:
(1) Maintaining high standards for approving charter petitions; (2) Establishing high academic, financial, and operational performance standards for charter schools; (3) Annually monitoring, evaluating, and reporting charter school progress in meeting academic, financial, and operational performance standards, including ensuring that a local school system has not been designated as a high-risk local school system by the Department of Audits and Accounts pursuant to Code Section 20-2-67, or if it has been designated as a high-risk local school system, that it has a written corrective action plan in place and that local school system board members and appropriate personnel participate in required training to address the deficiencies; (4) Upholding charter school autonomy in school governance, instructional program implementation, personnel, and budgeting; (5) Protecting students and holding charter schools accountable for their obligations to all students; and

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(6) Protecting the public interest and holding charter schools accountable for their obligations of governance, management, and oversight of public funds."

PART II SECTION 2-1.

Said title is further amended in Code Section 20-2-73, relating to suspension and removal of local school board members upon potential loss of accreditation, by revising paragraph (1) of subsection (a) as follows:
"(a)(1) Notwithstanding Code Section 20-2-54.1 or any other provisions of law to the contrary, if:
(A) A local school system or school is placed on the level of accreditation immediately preceding loss of accreditation for any reason or reasons by one or more accrediting agencies included in subparagraph (A) of paragraph (6) of Code Section 20-3-519, the local board of education shall notify the State Board of Education in writing within three business days of such placement and the State Board of Education shall conduct a hearing in not less than ten days of such notice nor more than 90 days and recommend to the Governor whether to suspend all eligible members of the local board of education with pay; or (B) One-half or more of the schools in a local school system are turnaround eligible schools, as defined in subsection (a) of Code Section 20-14-45, for the fifth or more consecutive year, the Department of Education shall notify the State Board of Education in writing within three business days of the publication of the list of turnaround eligible schools by the Office of Student Achievement, and the State Board of Education with input from the State School Superintendent shall conduct a hearing in not less than ten days of such notice nor more than 90 days and recommend to the Governor whether to suspend all eligible members of the local board of education with pay; provided, however, that this subparagraph shall be tolled for a local board of education while under a contract amendment or intervention contract pursuant to Code Section 20-14-45 so long as such local board of education is in substantial compliance with the terms of such contract amendment or intervention contract."

SECTION 2-2. Said title is further amended by revising subsection (b) of Code Section 20-2-84.2, relating to state monitoring of flexibility contracts, as follows:
"(b) The Department of Education shall monitor each local school system's progress toward meeting its performance goals in its contract and shall notify the State Board of Education if a local school system is not in compliance with such performance goals. The department shall provide support and guidance to school systems not meeting their yearly progress goals."

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

SECTION 2-4. Said title is further amended by revising Code Section 20-14-43, relating to the Chief Turnaround Officer, qualifications, and duties, as follows:
"20-14-43. (a) There is created the position of Chief Turnaround Officer. The Governor, after consulting with the State School Superintendent and the Education Turnaround Advisory Council and, in his or her discretion, conducting a national search, shall appoint the Chief Turnaround Officer who shall serve at the pleasure of the Governor. The Chief Turnaround Officer shall be an employee of the Department of Education in the school improvement division and shall report to the State School Superintendent. (b) The Chief Turnaround Officer shall have the following qualifications:
(1) Extensive personal experience in turning around low-performing schools, including expertise in turnaround strategies, curriculum, instruction, and teacher and principal effectiveness; (2) Has held the position of at least principal or a higher administrative position in a public school system for a minimum of five years with demonstrated skills in school management, budget, finance, federal and state programs, funding sources, and talent management; and (3) Such additional education, experience, and other qualifications as determined by the Governor, in consultation with the State Board of Education and the State School Superintendent. (c) The duties of the Chief Turnaround Officer shall include, but are not limited to: (1) Managing and overseeing a system of supports and assistance for the lowest-performing schools in this state identified as in the greatest need of assistance; (2) Identifying resources, including the establishment of a resource list of evidence based strategies and integrated student services, and consulting with regional educational service agencies to determine specific expertise and resources available at each such regional educational service agency directly relating to school turnaround;

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(3) Annually establishing a list of third-party specialists, including auditors and consultants, to assist schools and local school systems in conducting comprehensive on-site evaluations of schools to determine the root causes of low performance and lack of progress, to assist schools and local school systems in the implementation of intensive school improvement plans, or to provide any of the necessary support services as specified in the engagement letter or contract. Such list of third-party specialists shall be established through a request for proposals process and approved by the State Board of Education. Such request for proposals shall be designed with input from the Education Turnaround Advisory Council; (4) Coordinating with the Office of Student Achievement to identify all state resources and supports available to the lowest-performing schools in the greatest need of assistance; (5) Identifying turnaround coaches pursuant to Code Section 20-14-44 to serve as the assigned state site liaison in the school improvement process; (6) Building school level leadership capabilities, in cooperation with agencies and organizations that have experience and capacity, and providing leadership development opportunities for principals and other school level leaders in turnaround eligible schools selected by the Chief Turnaround Officer; and (7) Identifying best practices for school turnaround, including identifying those practices that are not successful in improving student outcomes, and sharing such information with local school systems and schools in this state. (d) The Department of Education shall establish the state plan pursuant to the federal Every Student Succeeds Act in a manner that pursues and allows maximum flexibility to implement the provisions of this part."

SECTION 2-5. Said title is further amended by revising Code Section 20-14-44, relating to turnaround coaches and roles, as follows:
"20-14-44. (a) The Chief Turnaround Officer with the recommendation of the State School Superintendent, shall propose individuals experienced in turning around schools that have similar needs and characteristics as those schools identified pursuant to Code Section 20-14-45, to serve as turnaround coaches, subject to approval by the state board. (b) Turnaround coaches shall assist schools that are identified as having the greatest need for assistance pursuant to Code Section 20-14-45 with ongoing assistance and input and shall serve as contract managers to ensure conformance to contract terms. Turnaround coaches shall be assigned to one or more schools which are under a contract amendment or intervention contract pursuant to Code Section 20-14-45. (c) Turnaround coaches may provide such other services and supports as determined by the Chief Turnaround Officer."

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SECTION 2-6. Said title is further amended by revising Code Section 20-14-45, relating to the definition of turnaround eligible schools, identification, and role of local boards of education, as follows:
"20-14-45. (a) As used in this Code section, the term 'turnaround eligible schools' means the schools that have performed in the lowest 5 percent of schools in this state identified in accordance with the state-wide accountability system established in the state plan pursuant to the federal Every Student Succeeds Act. (b) The Chief Turnaround Officer, in conjunction with the State School Superintendent and the Office of Student Achievement, shall annually identify the lowest-performing schools that are deemed as having the greatest need for assistance based on a list of turnaround eligible schools prepared annually by the Office of Student Achievement. If the Chief Turnaround Officer, after consulting with the State School Superintendent, determines that the capacity and resources available to the Chief Turnaround Officer and to the Department of Education are insufficient to serve all schools on the turnaround eligible schools list, the Chief Turnaround Officer may select a subset of such schools based on the following factors:
(1) Whether the school's rating has been improving or declining over the previous three years, based on the state-wide accountability system; (2) Whether the contract for strategic waivers school systems or the charter for charter systems adequately addresses the school's deficiencies; (3) Whether the school is in a local school system with a recent accreditation report showing deficiencies in system level governance, school level leadership, system and school level resource utilization, or school level achievement, including the areas of reading and mathematics proficiencies; (4) Whether the school is located in a local school system in which one-half or more of the schools are on the turnaround eligible schools list for the fifth or more consecutive year; (5) Whether the school is in close proximity to a school that will be served pursuant to paragraphs (1), (2), (3), or (4) of this subsection; and (6) Any other factors deemed appropriate by the Chief Turnaround Officer. (c) The Chief Turnaround Officer shall extend an opportunity to the local boards of education for each school identified pursuant to subsection (b) of this Code section to amend the contract entered into pursuant to Code Section 20-2-83 for strategic waivers school systems or to amend the charter, for charter systems. The amendment shall be for the purposes of agreeing to receive assistance pursuant to this part for such identified school or schools. For any such local board of education that is offered the opportunity to amend its system contract or charter but that does not sign an amendment within 60 days of being offered the amendment or that declines to sign an amendment, the State Board of Education shall within 60 days either implement one or more of the interventions contained

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

SECTION 2-7. Said title is further amended in Code Section 20-14-46, relating to on-site diagnostic review by third-party specialist and development of intensive school improvement plan, by revising subsection (d) as follows:
"(d) Based on the evaluation and recommendations and after public input from parents and the community, the school shall develop an intensive school improvement plan, approved by the Chief Turnaround Officer, that specifically addresses the academic insufficiencies identified by the school's rating in the single state-wide accountability system. The local board of education shall not be eligible for supplemental funding to support the implementation of the plan unless such local board demonstrates financial need based on its most current annual budget and the results of the most recent audit. The local board of education shall coordinate the hiring and contract renewal process for personnel and the allocation of school resources to support such plan. In developing the timelines in the intensive school improvement plan, the school shall take into consideration the budget cycles, employment contract deadlines, and other appropriate factors relating to the planning process. The school, with the support of the local board of education, local school superintendent, and principal, shall implement the plan with ongoing input and assistance from the Chief Turnaround Officer and performance monitoring by the Department of Education's school improvement division."

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SECTION 2-8. Said title is further amended by revising Code Section 20-14-48, relating to individual assessments of low performing students in turnaround eligible schools, as follows:
"20-14-48. The State School Superintendent shall ensure that all necessary department resources and supports are made available for full implementation of this part, including, but not limited to, the implementation of the intensive school improvement plans established pursuant to Code Section 20-14-46 for schools for which a local board of education has entered into a contract amendment or intervention contract with the State Board of Education pursuant to Code Section 20-14-45. Further, the State School Superintendent shall ensure that such schools receive priority for the receipt of federal and state funds available to the Department of Education to the fullest extent possible under federal and state law, including, but not limited to, federal school improvement grants and Title I funds. The State School Superintendent shall also pursue maximum flexibility in applying for and expending federal funds, including, but not limited to, the consolidation of all federal, state, and local funds in compliance with federal law."

SECTION 2-9. Said title is further amended by revising Code Section 20-14-49, relating to failure to progress after implementation of intensive school improvement plan and interventions, as follows:
"20-14-49. (a) If after three school years of implementing the intensive school improvement plan developed pursuant to Code Section 20-14-46, the school is not improving, as determined by the Chief Turnaround Officer based on the terms of the amended contract, amended charter, or the intervention contract and on other applicable factors, the Chief Turnaround Officer shall require that one or more of the following interventions be implemented at the school, unless the school is in substantial compliance with the implementation of the intensive school improvement plan and has exhibited ongoing cooperation and collaboration:
(1) Continued implementation of the intensive school improvement plan developed pursuant to Code Section 20-14-46; (2) Removal of school personnel, which may include the principal and personnel whose performance has been determined to be insufficient to produce student achievement gains; (3) Implementation of a state charter school or a special school, as defined in Code Section 20-2-2062; (4) Complete reconstitution of the school, removing all personnel, appointing a new principal, and hiring all new staff. Existing staff may reapply for employment at the newly reconstituted school but shall not be rehired if their performance regarding student achievement has been negative for the past four years;

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(5) Operation of the school by a private nonprofit third-party operator selected and contracted by the local board of education; (6) Mandatory parental option to relocate the student to another public school in the local school system that does not have an unacceptable rating, to be chosen by the parents of the student from a list of available options provided by the local school system. The local school system shall provide transportation for students in Title I schools in accordance with the requirements of federal law. The local school system may provide transportation for students in non-Title I schools. In any year in which the General Assembly does not appropriate funds for the provision of transportation to non-Title I students, the parent or guardian shall assume responsibility for the transportation of that student; (7) Complete restructuring of the school's governance arrangement and internal organization of the school; (8) Operation of the school by a successful school system and pursuant to funding criteria established by the State Board of Education; or (9) Any other interventions or requirements deemed appropriate by the Chief Turnaround Officer and the State Board of Education for the school and in accordance with the amended contract, amended charter, or intervention contract, except that operation of the school by a for profit entity shall be prohibited. (b) Before the implementation of any interventions required by the Chief Turnaround Officer pursuant to subsection (a) of this Code section for a school, the local board of education may request an opportunity for a hearing before the State Board of Education to show cause as to why an intervention or interventions imposed by the Chief Turnaround Officer for a school should not be required or that alternative interventions would be more appropriate. Such request shall be made no later than 30 days after notification by the Chief Turnaround Officer of the intended interventions. The State Board of Education shall take into consideration the substantial compliance of the school in the implementation of the intensive school improvement plan and the ongoing cooperation and collaboration exhibited by the school. The State Board of Education shall make a determination on any such request no later than 60 days after receipt of such request. The determination of the State Board of Education, with input from the State School Superintendent, shall be the final decision."

SECTION 2-10. Said title is further amended by revising Code Section 20-14-49.1, relating to the Education Turnaround Advisory Council creation, composition, administration, and role, as follows:
"20-14-49.1. (a) There is created the Education Turnaround Advisory Council which shall report to the State School Superintendent. The Education Turnaround Advisory Council shall be composed of:
(1) The executive director of the Georgia School Boards Association or his or her designee;

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

PART III SECTION 3-1.

Said title is further amended by revising Code Section 20-2-989.7, relating to matters not subject to complaint, as follows:

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"20-2-989.7. (a)(1) Except as otherwise provided in paragraph (2) of this subsection, the performance ratings contained in personnel evaluations conducted pursuant to Code Section 20-2-210, professional development plans, and job performance shall not be subject to complaint under the provisions of this part; provided, however, that this shall not apply to procedural deficiencies on the part of the local school system or charter school in conducting an evaluation pursuant to Code Section 20-2-210. (2) For teachers who have accepted a school year contract for the fourth or subsequent consecutive school year, summative performance ratings of 'Unsatisfactory' or 'Ineffective' contained in personnel evaluations conducted pursuant to Code Section 20-2-210, procedural deficiencies on the part of the local school system or charter school in conducting an evaluation pursuant to Code Section 20-2-210, and job performance shall be subject to appeal pursuant to this paragraph. Local units of administration shall establish an appeals policy that shall allow a teacher to appeal a summative performance rating of 'Unsatisfactory' or 'Ineffective.' Such appeals policy shall include a method and reasonable timelines for filing an appeal that minimize the burden on both parties, a statement that a teacher shall not be the subject of any reprisal as a result of filing an appeal pursuant to this paragraph, a provision that an appeal hearing may be conducted by an independent third party or by an administrator in the system office on behalf of the school official or local unit of administration, and a method to receive the decision of the independent third party or system administrator. Should any reprisal occur, the teacher may refer the matter to the Professional Standards Commission. Each local unit of administration shall submit a copy of its appeals policy established pursuant to this paragraph to the Department of Education no later than August 1, 2021, and any time thereafter if material changes are made to such policy. (3) The termination, nonrenewal, demotion, suspension, or reprimand of any employee, as set forth in Code Section 20-2-940, and the revocation, suspension, or denial of certificates of any employee, as set forth in Code Section 20-2-984.5, shall not be subject to complaint under the provisions of this part.
(b) A certified employee who chooses to appeal under Code Section 20-2-1160 shall be barred from pursuing the same complaint under this part."

PART IV SECTION 4-1.

Said title is further amended by revising Code Section 20-2-58, relating to regular monthly meetings of local boards, adjournment, temporary presiding officer, and notice of date, as follows:
"20-2-58. (a) It shall be the duty of each local board of education to hold a regular meeting during each calendar month for the transaction of business pertaining to the public schools. Any

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such meeting may be adjourned from time to time, and, in the absence of the president or secretary, the members of the local board may appoint one of their own number to serve temporarily. The local board shall annually determine the date of its meeting and shall publish it either in the official county organ or, at the option of the local board of education, in a newspaper having a general circulation in said county at least equal to that of the official county organ for two consecutive weeks following the setting of the date; provided, however, that the date shall not be changed more often than once in 12 months and, if changed, the new date shall also be published as provided in this Code section. (b) Each local board of education shall provide a public comment period during every regular monthly meeting. Such public comment period shall be included on the agenda required to be made available and posted prior to the meeting pursuant to paragraph (1) of subsection (e) of Code Section 50-14-1. A local board of education shall not require notice by an individual more than 24 hours prior to the meeting as a condition of addressing the local board during such public comment period. The chairperson of the local board of education shall have the discretion to limit the length of time for individual comments and the number of individuals speaking for or against a specific issue."

PART V SECTION 5-1.

This Act shall become effective on July 1, 2021.

SECTION 5-2. All laws and parts of laws in conflict with this Act are repealed.

Approved June 29, 2020.

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LAW ENFORCEMENT OFFICERS AND AGENCIES LEGAL DIVISION OF GEORGIA BUREAU OF INVESTIGATION; JURISDICTION OF GEORGIA BUREAU OF INVESTIGATION.

No. 390 (Senate Bill No. 393).

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 codify the Legal Division of the Georgia Bureau of Investigation; to expand the jurisdiction of the Georgia Bureau of Investigation in regards

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to street gang terrorism and prevention; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by revising Code Section 35-3-3, relating to divisions of bureau, as follows:
"35-3-3. The Georgia Bureau of Investigation shall be composed of the Investigations Division, the Forensic Sciences Division, the Georgia Crime Information Center Division, the Legal Division, and such other divisions as may be created by the board."

SECTION 2. Said chapter is further amended by revising Code Section 35-3-4, relating to powers and duties of bureau generally, as follows:
"35-3-4. (a) It shall be the duty of the bureau to:
(1) Take, receive, and forward fingerprints, photographs, descriptions, and measurements of persons in cooperation with the bureaus and departments of other states and of the United States; (2) Exchange information relating to crime and criminals; (3) Keep permanent files and records of such information procured or received; (4) Provide for the scientific investigation of articles used in committing crimes or articles, fingerprints, or bloodstains found at the scene of a crime; (5) Provide for the testing and identification of weapons and projectiles fired therefrom; (6) Acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual; (7) Acquire, collect, classify, and preserve immediately any information which would assist in the location of any missing person, including any minor, and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person and the bureau shall acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin; (8) Exchange such records and information as provided in paragraphs (6) and (7) of this subsection with, and for the official use of, authorized officials of the federal government, the states, cities, counties, and penal and other institutions. With respect to missing minors, such information shall be transmitted immediately to other law enforcement agencies; (9) Identify and investigate violations of Article 4 of Chapter 7 of Title 16;

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(10) Identify and investigate violations of Part 2 of Article 3 of Chapter 12 of Title 16, relating to offenses related to minors; (11) Identify and investigate violations of Article 8 of Chapter 9 of Title 16; (12) Identify and investigate violations of Article 5 of Chapter 8 of Title 16; (13) Identify and investigate violations of Code Section 16-5-46; (14) Identify and investigate violations of Article 8 of Chapter 5 of Title 16;
(15)(A) Acquire, collect, analyze, and provide to the board any information which will assist the board in determining a sexual offender's risk assessment classification in accordance with the board's duties as specified in Code Section 42-1-14, including, but not limited to, obtaining:
(i) Incident, investigative, supplemental, and arrest reports from law enforcement agencies; (ii) Records from clerks of court; (iii) Records and information maintained by prosecuting attorneys; (iv) Records maintained by state agencies, provided that any records provided by the State Board of Pardons and Paroles that are classified as confidential state secrets pursuant to Code Section 42-9-53 shall remain confidential and shall not be made available to any other person or entity or be subject to subpoena unless declassified by the State Board of Pardons and Paroles; and (v) Other documents or information as requested by the board. (B) As used in this paragraph, the term: (i) 'Board' means the Sexual Offender Registration Review Board. (ii) 'Risk assessment classification' means the level into which a sexual offender is placed based on the board's assessment. (iii) 'Sexual offender' has the same meaning as set forth in Code Section 42-1-12; and (16) Attorneys employed by the Legal Division of the bureau may serve at the request of a district attorney, solicitor-general, or United States Attorney in the prosecution of any civil or criminal case within the jurisdiction of such district attorney, solicitor-general, or United States Attorney and, while providing such assistance to such district attorney, solicitor-general, or United States Attorney, such attorneys shall have the same authority and power as an attorney employed by such district attorney, solicitor-general, or United States Attorney. (b) In addition to the duties provided in subsection (a) of this Code section, the members of the bureau shall have and are vested with the same authority, powers, and duties as are possessed by the members of the Uniform Division of the Department of Public Safety under this title."

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

Approved June 29, 2020.

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CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS PUBLIC UTILITIES AND PUBLIC TRANSPORTATION RESPONSIBILITIES AND STANDARD OF CARE OF DIRECTORS AND OFFICERS OF CERTAIN CORPORATIONS.

No. 391 (Senate Bill No. 373).

AN ACT

To amend Article 8 of Chapter 3 of Title 14 and Part 6 of Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to directors and officers of nonprofit corporations and directors and officers of electric membership corporations and foreign electric cooperatives, respectively, so as to change provisions relating to the responsibilities and standard of care of directors and officers of certain corporations; to clarify the ability of directors and officers to rely on other individuals in the performance of their duties; to provide for a rebuttable presumption when directors and officers are acting in good faith; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 8 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to directors and officers of nonprofit corporations, is amended by revising Code Section 14-3-830, relating to standards of conduct for directors, as follows:
"14-3-830. (a) Unless a different standard is prescribed by law, a director shall perform his or her duties as a director in good faith and with the degree of care an ordinarily prudent person in a like position would exercise under similar circumstances. (b) In performing his or her duties, a director may rely upon:
(1) Officers, employees, or agents of the corporation whom the director reasonably believed to be reliable and competent in the functions performed; and (2) Information, data, opinions, reports, or statements provided by officers, employees, or agents of the corporation or by legal counsel, public accountants, investment bankers, religious authorities, ministers, priests, rabbis, or other persons as to matters involving the skills, expertise, or knowledge reasonably believed to be reliable and within such person's professional or expert competence. (c) There shall be a presumption that the process a director followed in arriving at decisions was done in good faith and that such director exercised ordinary care; provided, however, that this presumption may be rebutted by evidence that such process constitutes

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gross negligence by being a gross deviation from the standard of care of a director in a like position under similar circumstances. (d) Nothing contained in this Code section shall:
(1) In any instance when fairness is at issue, such as consideration of the fairness of a transaction to the corporation as evaluated under paragraph (4) of subsection (b) of Code Section 14-3-861, alter the burden of proving the fact or lack of fairness otherwise applicable; (2) Alter the fact or lack of liability of a director under the Official Code of Georgia Annotated, including the governance of the consequences of an unlawful distribution under Code Section 14-3-831 or a conflicting interest transaction under Code Section 14-3-861; (3) Affect any rights to which the corporation or its members may be entitled under another law of this state or of the United States; or (4) Deprive a director of the applicability, effect, or protection of the business judgment rule. (e) A director shall not be deemed to be a trustee with respect to the corporation or with respect to any property held or administered by the corporation, including, without limit, property that may be subject to restrictions imposed by the donor or transferor of such property."

SECTION 2. Said article is further amended by revising Code Section 14-3-842, relating to standards of conduct for officers, as follows:
"14-3-842. (a) Unless a different standard is prescribed by law, an officer shall perform his or her duties as an officer in good faith and with the degree of care an ordinarily prudent person in a like position would exercise under similar circumstances. (b) In performing his or her duties, an officer may rely upon:
(1) Officers, employees, or agents of the corporation whom the officer reasonably believed to be reliable and competent in the functions performed; and (2) Information, data, opinions, reports, or statements provided by officers, employees, or agents of the corporation or by legal counsel, public accountants, investment bankers, religious authorities, ministers, priests, rabbis, or other persons as to matters involving the skills, expertise, or knowledge reasonably believed to be reliable and within such person's professional or expert competence. (c) There shall be a presumption that the process an officer followed in arriving at decisions was done in good faith and that such officer exercised ordinary care; provided, however, that this presumption may be rebutted by evidence that such process constitutes gross negligence by being a gross deviation from the standard of care of an officer in a like position under similar circumstances. (d) Nothing contained in this Code section shall:

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(1) In any instance when fairness is at issue, such as consideration of the fairness of a transaction to the corporation as evaluated under paragraph (4) of subsection (c) of Code Section 14-3-865, alter the burden of proving the fact or lack of fairness otherwise applicable; (2) Alter the fact or lack of liability of an officer under the Official Code of Georgia Annotated, including the governance of the consequences of a conflicting interest transaction under Code Section 14-3-865; (3) Affect any rights to which the corporation or its members may be entitled under another law of this state or of the United States; or (4) Deprive an officer of the applicability, effect, or protection of the business judgment rule."

SECTION 3. Part 6 of Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to directors and officers of electric membership corporations and foreign electric cooperatives, is amended by revising Code Section 46-3-303, relating to duty of directors and officers to act in good faith and with due diligence, care, and skill and reliance on financial information prepared by others, as follows:
"46-3-303. (a) A director shall perform his or her duties as a director in good faith and with the degree of care an ordinarily prudent person in a like position would exercise under similar circumstances. (b) In performing his or her duties a director may rely upon:
(1) Officers, employees, or agents of the electric membership corporation whom the director reasonably believed to be reliable and competent in the functions performed; and (2) Information, data, opinions, reports, or statements provided by officers, employees, or agents of the electric membership corporation or by legal counsel, public accountants, investment bankers, or other persons as to matters involving the skills, expertise, or knowledge reasonably believed to be reliable and within such person's professional or expert competence. (c) There shall be a presumption that the process a director followed in arriving at decisions was done in good faith and that such director exercised ordinary care; provided, however, that this presumption may be rebutted by evidence that such process constitutes gross negligence by being a gross deviation from the standard of care of a director in a like position under similar circumstances. (d) Nothing contained in this Code section shall: (1) In any instance when fairness is at issue, such as consideration of the fairness of a transaction to the electric membership corporation as evaluated under paragraph (3) of subsection (a) of Code Section 46-3-305, alter the burden of proving the fact or lack of fairness otherwise applicable;

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(2) Alter the fact or lack of liability of a director under the Official Code of Georgia Annotated, including the governance of the consequences of a conflicting interest transaction under Code Section 46-3-305; (3) Affect any rights to which the electric membership corporation or its members may be entitled under another law of this state or of the United States; or (4) Deprive a director of the applicability, effect, or protection of the business judgment rule."

SECTION 4. Said part is further amended by revising Code Section 46-3-303.1, relating to standards of care for directors and officers in discharge of duties on or after July 1, 1988 and reliance upon financial information, as follows:
"46-3-303.1. (a) An officer shall perform his or her duties as an officer in good faith and with the degree of care an ordinarily prudent person in a like position would exercise under similar circumstances. (b) In performing his or her duties, an officer may rely upon:
(1) Officers, employees, or agents of the electric membership corporation whom the officer reasonably believed to be reliable and competent in the functions performed; and (2) Information, data, opinions, reports, or statements provided by officers, employees, or agents of the electric membership corporation or by legal counsel, public accountants, investment bankers, or other persons as to matters involving the skills, expertise, or knowledge reasonably believed to be reliable and within such person's professional or expert competence. (c) There shall be a presumption that the process an officer followed in arriving at decisions was done in good faith and that such officer exercised ordinary care; provided, however, that this presumption may be rebutted by evidence that such process constitutes gross negligence by being a gross deviation from the standard of care of an officer in a like position under similar circumstances. (d) Nothing contained in this Code section shall: (1) In any instance when fairness is at issue, such as consideration of the fairness of a transaction to the electric membership corporation as evaluated under paragraph (3) of subsection (a) of Code Section 46-3-305, alter the burden of proving the fact or lack of fairness otherwise applicable; (2) Alter the fact or lack of liability of an officer under the Official Code of Georgia Annotated, including the governance of the consequences of a conflicting interest transaction under Code Section 46-3-305; (3) Affect any rights to which the electric membership corporation or its members may be entitled under another law of this state or of the United States; or (4) Deprive an officer of the applicability, effect, or protection of the business judgment rule."

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SECTION 5. Said part is further amended by revising Code Section 46-3-305, relating to interested directors and officers, as follows:
"46-3-305. (a) No contract or transaction between an electric membership corporation and one or more of its directors or officers, or between an electric membership corporation and any other corporation, partnership, association, or other organization in which one or more of its directors or officers are directors or officers or have a financial interest, shall give rise to an award of damages or other sanctions or be void or voidable solely for this reason, or solely because the director or officer is present at or participates in the meeting of the board of directors or committee thereof which authorizes the contract or transaction, or solely because any of their votes are counted for such purpose, if:
(1) The material facts as to his or her interest and as to the contract or transaction are disclosed or are known to the board of directors or the committee, and the board or committee in good faith authorizes the contract or transaction by the affirmative votes of a majority of the disinterested directors, even though the disinterested directors are less than a quorum; or (2) The material facts as to his or her interest and as to the contract or transaction are disclosed or are known to the members, and the contract or transaction is specifically approved or ratified in good faith by vote of such members; or (3) The contract or transaction is fair as to the electric membership corporation as of the time it is authorized, approved, or ratified by the board, a committee thereof, or the members. (b) Interested directors may be counted in determining the presence of a quorum at a meeting of the board or committee thereof which authorizes the contract or transaction."

SECTION 6. This Act shall apply only to causes of action arising on or after July 1, 2020.

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

Approved June 29, 2020.

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CRIMINAL PROCEDURE LAW ENFORCEMENT OFFICERS AND AGENCIES VACATUR FOR CERTAIN CONVICTIONS FOR VICTIMS OF LABOR OR SEXUAL SERVITUDE; CRIMINAL HISTORY RESTRICTION.

No. 392 (Senate Bill No. 435).

AN ACT

To amend Article 1 of Chapter 10 of Title 17 and Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment and the Georgia Crime Information Center, respectively, so as to provide that the court imposing sentence may grant the relief of vacatur for convictions and sentences of defendants who obtained such convictions and sentences as a direct result of being victims of trafficking for labor or sexual servitude; to provide for petitions under seal; to provide for remote electronic testimony; to provide for the restriction of access to criminal history record information of individuals where such criminal history record information relates to convictions obtained as a direct result of being victims of trafficking for labor or sexual servitude; to provide burdens of proof; to provide for notices and hearings under certain circumstances; to provide for definitions; to provide for a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as "The Survivors First Act."

SECTION 2. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, is amended by adding a new Code section to read as follows:
"17-10-21. (a)(1) A defendant convicted of an offense and sentenced as a direct result of the defendant being the victim of an offense of trafficking under Code Section 16-5-46 may petition the court imposing the sentence to vacate such conviction. Such court shall maintain the jurisdiction, power, and authority to vacate such conviction and sentence. (2) The defendant shall serve the petition provided for under paragraph (1) of this subsection upon the prosecuting attorney, and such petition: (A) Shall be submitted on a form promulgated by the Attorney General;

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(B) Shall be submitted no earlier than six months following conviction and sentencing for a misdemeanor offense or no earlier than one year following completion of the sentence for a felony offense; (C) Shall be submitted with a copy of his or her criminal history background check report conducted by the Georgia Crime Information Center that has been completed no more than three business days prior to the filing of the petition; provided, however, that the defendant shall not be charged a fee by the Georgia Crime Information Center for a report produced for purposes of this Code section; and (D) May include documentation of a defendant's status as a victim of an offense of trafficking under Code Section 16-5-46 at the time of the offense; provided, however, that official documentation shall not be required to obtain relief under this Code section. Such documentation shall create a rebuttable presumption that the defendant was a victim of trafficking under Code Section 16-5-46. As used in this subparagraph, the term 'official documentation' includes, but is not limited to, the following:
(i) A copy of an official record, certification, or eligibility letter from a federal, state, tribal, or local proceeding showing that the defendant was a victim of trafficking under Code Section 16-5-46; (ii) An affidavit, a letter, or sworn testimony from a member of the clergy, medical professional, member of a victim services organization, or certified, licensed, or registered professional from whom the defendant has sought assistance, counseling, or legal counsel related to his or her victimization; or (iii) Any other evidence that the court determines is of sufficient credibility or probative value. (3) No defendant with an outstanding warrant issued by a jurisdiction in this state or any other state or by the United States shall file a petition provided for under paragraph (1) of this subsection. (4) If the prosecuting attorney, to the court, consents in writing to the vacatur of such conviction or fails to respond to such petition within 30 days of service, the court imposing the conviction and sentence shall, without notice or hearing, issue an order vacating the conviction and sentence and shall also issue an order restricting access to criminal history record information for such offense. (5)(A) If the prosecuting attorney, to the court, objects in writing to the petition, the court shall hold a hearing within 90 days of the filing of the petition. The court shall hear evidence and determine, by a preponderance of the evidence, whether the defendant committed such offense as a direct result of being the victim of an offense of trafficking under Code Section 16-5-46. If the court finds, by a preponderance of the evidence, that the defendant committed such offense as a direct result of being the victim of an offense of trafficking under Code Section 16-5-46, the court may issue an order vacating the conviction and sentence. (B) If such order to vacate is issued, the court shall also issue an order restricting access to criminal history record information for such offense and no fee shall be

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charged by the Georgia Crime Information Center or any other entity for restricting access to criminal history record information under this paragraph. (C) As used in this paragraph, the term 'restrict' shall have the same meaning as set forth in Code Section 35-3-37. (b) When the petition provided for under subsection (a) of this Code section is filed, it shall be filed under seal. (c) For any sentence vacated pursuant to this Code section, any fines and fees paid by the defendant under such sentence shall be returned to the defendant in the amount paid by the defendant. (d) For purposes of considering such petition, testimony from the defendant or any other party may be taken by the court by remote electronic means."

SECTION 3. Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by adding a new paragraph to subsection (j) of Code Section 35-3-37, relating to review of individual's criminal history record information, definitions, privacy considerations, written application requesting review, and inspection, to read as follows:
"(6)(A) A defendant convicted of an offense and sentenced while such individual was a victim of an offense of trafficking under Code Section 16-5-46 may petition the court imposing the sentence to restrict such conviction. Such court shall maintain the jurisdiction, power, and authority to restrict such conviction and sentence. (B) The defendant shall serve the petition provided for under paragraph (1) of this subsection upon the prosecuting attorney, and such petition:
(i) Shall be submitted on a form promulgated by the Attorney General; and (ii) May include documentation of a defendant's status as a victim of an offense of trafficking under Code Section 16-5-46 at the time of the offense; provided, however, that official documentation shall not be required to obtain relief under this paragraph. Such documentation shall create a rebuttable presumption that the defendant was a victim of trafficking under Code Section 16-5-46. As used in this subparagraph, the term 'official documentation' includes, but is not limited to, the following:
(I) A copy of an official record, certification, or eligibility letter from a federal, state, tribal, or local proceeding showing that the defendant was a victim of trafficking under Code Section 16-5-46; (II) An affidavit, a letter, or sworn testimony from a member of the clergy, medical professional, member of a victim services organization, or certified, licensed, or registered professional from whom the defendant has sought assistance, counseling, or legal counsel related to his or her victimization; or (III) Any other evidence that the court determines is of sufficient credibility or probative value.

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(C) If the prosecuting attorney, to the court, consents in writing to the restriction of such conviction and sentence or fails to respond to such petition within 30 days of service, the court imposing the conviction and sentence shall, without notice or hearing, issue an order restricting the conviction and sentence. (D) If the prosecuting attorney, to the court, objects in writing to the petition, the court shall determine, by a preponderance of the evidence, whether the defendant committed such offense while such individual was a victim of an offense of trafficking under Code Section 16-5-46. If the court finds, by a preponderance of the evidence, that the defendant committed such offense while such individual was a victim of an offense of trafficking under Code Section 16-5-46, the court may issue an order restricting the conviction and sentence. The court shall hold a hearing within 90 days of the filing of the petition to hear evidence for purposes of making a determination under this subparagraph or make a determination upon the pleadings or record. (E) When the petition provided for under subparagraph (A) of this paragraph is filed, it shall be filed under seal. (F) For purposes of considering such petition, testimony from the defendant or any other party may be taken by the court by remote electronic means. (G) No fee shall be charged to an individual for restricting access to criminal history record information under this paragraph."

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 June 29, 2020.

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RETIREMENT AND PENSIONS REGENTS RETIREMENT PLAN; ELIMINATE CERTAIN PAYMENTS TO TEACHERS RETIREMENT SYSTEM OF GEORGIA BY THE UNIVERSITY SYSTEM OF GEORGIA.

No. 402 (House Bill No. 292).

AN ACT

To amend Article 1 of Chapter 21 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions for the Regents Retirement Plan, so as to eliminate certain remittances required to be made by the University System of Georgia to the Teachers Retirement System of Georgia; 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. Article 1 of Chapter 21 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions for the Regents Retirement Plan, is amended by revising Code Section 47-21-5, relating to remittances by the University System of Georgia, as follows:
"Reserved."

SECTION 2. This Act shall become effective on July 1, 2020, 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, 2020, 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 June 29, 2020.

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HANDICAPPED PERSONS HEALTH PROFESSIONS AND BUSINESSES PROTECTION OF ELDERLY PERSONS RENAME STATE BOARD OF NURSING HOME ADMINISTRATORS; LICENSURE OF ASSISTED LIVING COMMUNITY ADMINISTRATORS AND PERSONAL CARE HOME ADMINISTRATORS.

No. 403 (House Bill No. 987).

AN ACT

To amend Chapter 5 of Title 30 and Title 31 of the Official Code of Georgia Annotated, relating to the "Disabled Adults and Elder Persons Protection Act" and health, respectively, so as to provide additional measures for the protection of elderly persons; to prohibit retaliation against a person relating to 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; to increase the maximum fines for violation by health care facilities; to provide for staffing, training, and financial stability requirements for certain personal care homes and assisted living communities; to provide for limited nursing services in assisted living communities; to provide for certification of memory care centers; to provide for definitions; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for definitions; to rename the State Board of Nursing Home Administrators the State Board of Long-Term Care Facility Administrators; to require licensure of assisted living community administrators and certain personal care home administrators; to revise the composition of the board; to provide for the establishment of additional licensure criteria; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to the "Disabled Adults and Elder Persons Protection Act," is amended by adding a new Code section to read as follows:
"30-5-4.1. No person shall discriminate or retaliate in any manner against:
(1) Any person 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 an investigation, or who participates on an Adult Abuse, Neglect, and Exploitation Multidisciplinary Team under the provisions of this chapter; or (2) Any disabled adult or elder person who is the subject of a report."

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SECTION 2. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code Section 31-2-4, relating to the Department of Community Health's powers, duties, functions, and responsibilities, by revising paragraphs (9) and (10) of subsection (d), as follows:
"(9) Shall establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a schedule of fees for licensure activities for institutions and other health care related entities required to be licensed, permitted, registered, certificated, or commissioned by the department pursuant to Chapter 7, 13, 23, or 44 of this title, Chapter 5 of Title 26, paragraph (8) of this subsection, or Article 7 of Chapter 6 of Title 49. Such schedules shall be determined in a manner so as to help defray the costs incurred by the department, but in no event to exceed such costs, both direct and indirect, in providing such licensure activities. Such fees may be annually adjusted by the department but shall not be increased by more than the annual rate of inflation as measured by the Consumer Price Index, as reported by the Bureau of Labor Statistics of the United States Department of Labor. All fees paid thereunder shall be paid into the general funds of the State of Georgia. It is the intent of the General Assembly that the proceeds from all fees imposed pursuant to this paragraph be used to support and improve the quality of licensing services provided by the department;
(10)(A) May accept the certification or accreditation of an entity or program by a certification or accreditation body, in accordance with specific standards, as evidence of compliance by the entity or program with the substantially equivalent departmental requirements for issuance or renewal of a permit or provisional permit, provided that such certification or accreditation is established prior to the issuance or renewal of such permits. The department may not require an additional departmental inspection of any entity or program whose certification or accreditation has been accepted by the department, except to the extent that such specific standards are less rigorous or less comprehensive than departmental requirements. Nothing in this Code section shall prohibit either departmental inspections for violations of such standards or requirements or the revocation of or refusal to issue or renew permits, as authorized by applicable law, or for violation of any other applicable law or regulation pursuant thereto. (B) For purposes of this paragraph, the term:
(i) 'Entity or program' means an agency, center, facility, institution, community living arrangement, drug abuse treatment and education program, or entity subject to regulation by the department under Chapters 7, 13, 22, 23, and 44 of this title; Chapter 5 of Title 26; paragraph (8) of this subsection; and Article 7 of Chapter 6 of Title 49. (ii) 'Permit' means any license, permit, registration, certificate, or commission issued by the department pursuant to the provisions of the law cited in division (i) of this subparagraph;"

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SECTION 3. Said title is further amended in Code Section 31-2-8, relating to actions by the Department of Community Health against certain applicants or licensees, by revising paragraph (6) of subsection (c) and subsection (e) as follows:
"(6)(A) Except as otherwise provided in subparagraph (B) of this paragraph, impose a fine of up to $2,000.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any agency, facility, institution, or entity, up to a total of $40,000.00; (B) Impose a mandatory fine of no less than $5,000.00 for a violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of long-term care facility which has caused the death of or serious physical harm to a resident in such facility. For purposes of this subparagraph, the term 'serious physical harm' means an injury which causes any significant impairment of the physical condition of the resident as determined by qualified medical personnel; (C) No fine may be imposed pursuant to this paragraph against any nursing facility, nursing home, or intermediate care facility which is subject to intermediate sanctions under the provisions of 42 U.S.C. Section 1396r(h)(2)(A), as amended, whether or not those sanctions are actually imposed; or" "(e) The department may deny a license or otherwise restrict a license for any applicant who has had a license denied, revoked, or suspended within one year of the date of an application or who has transferred ownership or governing authority of an agency, facility, institution, or entity subject to regulation by the department within one year of the date of a new application when such transfer was made in order to avert denial, revocation, or suspension of a license or to avert the payment of fines assessed by the department pursuant to this Code section."

SECTION 4. Said title is further amended in Code Section 31-7-3.2, relating to notice of cited deficiency and imposition of sanction, by revising subsection (a) as follows:
"(a) A personal care home, assisted living community, nursing home, or intermediate care home licensed under this article shall give notice in the event that such facility has been cited by the department for any deficiency for which the facility has received notice of the imposition of any sanction available under federal or state laws or regulations, except where a plan of correction is the only sanction to be imposed."

SECTION 5. Said title is further amended in Code Section 31-7-12, relating to the licensure and regulation of personal care homes, as follows:
"31-7-12. (a) As used in this Code section, the term:

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(1) 'Direct care staff person' means any employee, facility volunteer, or contract staff who provides to residents:
(A) Any personal services, including but not limited to, medication administration or assistance, assistance with ambulation and transfer, and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting; or (B) Any other limited nursing services, as defined in subsection (b) of Code Section 31-7-12.2. (2) 'Personal care home' means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. This term shall not include host homes, as defined in paragraph (18) of subsection (b) of Code Section 37-1-20. (3) 'Personal services' includes, but is not limited to, individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting. Personal services shall not include medical, nursing, or health services; provided, however, that the department shall be authorized to grant a waiver of this provision in the same manner as provided for in Code Section 31-7-12.3 for the waiver of rules and regulations and in the same manner and only to the same extent as granted on or before June 30, 2011. (b) All personal care homes shall be licensed as provided for in Code Section 31-7-3, except that, in lieu of licensure, the department may require persons who operate personal care homes with two or three beds for nonfamily adults to comply with registration requirements delineated by the department. Such registration requirements within this category shall authorize the department to promulgate pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' reasonable standards to protect the health, safety, and welfare of the occupants of such personal care homes. (c) Upon the designation by the department and with the consent of county boards of health, such boards may act as agents to the department in performing inspections and other authorized functions regarding personal care homes licensed under this chapter. With approval of the department, county boards of health may establish inspection fees to defray part of the costs of inspections performed for the department. (d) The state ombudsman or community ombudsman, on that ombudsman's initiative or in response to complaints made by or on behalf of residents of a registered or licensed personal care home, may conduct investigations in matters within the ombudsman's powers and duties. (e) The department shall promulgate procedures to govern the waiver, variance, and exemption process related to personal care homes pursuant to Chapter 2 of this title. Such procedures shall include published, measurable criteria for the decision process, shall take into account the need for protection of public and individual health, care, and safety, and shall afford an opportunity for public input into the process.

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(f) On and after July 1, 2021, personal care homes with 25 or more beds shall be required to meet the following staffing and training requirements:
(1) Ensure that each direct care staff person receives initial and annual training covering topics specified by the department to ensure a demonstrated knowledge and understanding of caring for elderly and disabled adults; and (2) Maintain an average monthly minimum on-site staffing ratio of one direct care staff person for every 15 residents during all waking hours and one direct care staff person for every 20 residents during all nonwaking hours; provided, however, that either such ratio is adequate to meet the needs of the residents. (g) On and after July 1, 2021, personal care homes with 25 or more beds shall be required to meet the following financial stability requirements: (1) Upon initial application for licensure, provide a financial stability affidavit to the department from a certified public accountant affirming the applicant's ability to operate as a going concern for the next two years; (2) Provide a minimum of 60 days' written notice to the department and all residents of any impending bankruptcy or property eviction that may force discharge or relocation of residents or otherwise adversely impact the provision of safe care and oversight; and (3) Provide a minimum of 14 days' written notice to the department and all residents of any impending change of ownership that may force discharge or relocation of residents or otherwise adversely impact the provision of safe care and oversight. (h)(1) A personal care home with 25 or more beds which operates a memory care center in its facility may employ certified medication aides for the purpose of performing the technical aspects of the administration of certain medications in accordance with this subsection. Any such personal care home may utilize certified medication aides in its memory care center and anywhere in the same building in which the memory care center is located. A personal care home that employs one or more certified medication aides must have a safe medication and treatment administration system that meets all the requirements of this subsection. (2) A personal care home may not employ an individual as a medication aide unless such individual is listed in the medication aide registry established by the department pursuant to paragraph (2) of subsection (g) of Code Section 31-7-12.2 in good standing. An applicant for certification as a medication aide shall meet the qualifications contained in paragraph (3) of subsection (g) of Code Section 31-7-12.2. (3) A personal care home shall annually conduct a comprehensive clinical skills competency review of each medication aide employed by the personal care home. (4) A medication aide who meets the criteria established in this subsection shall be permitted to perform the following tasks in a personal care home in accordance with the written instructions of a physician:
(A) Administer physician ordered oral, ophthalmic, topical, otic, nasal, vaginal, and rectal medications;

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(B) Administer insulin, epinephrine, and B12 pursuant to physician direction and protocol; (C) Administer medication via a metered dose inhaler; (D) Conduct finger stick blood glucose testing following established protocol; (E) Administer a commercially prepared disposable enema as ordered by a physician; (F) Assist residents in the supervision of self-administration of medication; and (G) Administer liquid morphine to a resident of the personal care home who is the patient of a licensed hospice, pursuant to a hospice physician's written order that contains specific instructions for indication, dosage, frequency, and route of administration, provided that the licensed hospice consents to the use and administration of liquid morphine as described in this subparagraph. The medication aide shall observe and document the resident's need for all 'as needed' (PRN) liquid morphine in such resident's record and such indications of need may include verbalizations of pain, groaning, grimacing, or restlessness. The initial dose of any liquid morphine administered pursuant to this subparagraph shall be administered and assessed by a licensed hospice health care professional to observe and address any adverse reactions to such medication. The personal care home shall ensure that any medication aides who will be administering liquid morphine to any hospice patients in such personal care home pursuant to this subparagraph receive adequate training from a licensed hospice on the safe and proper administration of liquid morphine prior to such administration and on an annual basis thereafter. The personal care home shall maintain documentation of all training provided and shall adhere to all security and storage requirements for liquid morphine required under state and federal law, including but not limited to, any rules promulgated by the department. Notwithstanding the foregoing, the supply of liquid morphine on-site at the personal care home shall be limited to no more than 50 ml for each hospice patient in the personal care home and shall only be administered under limited circumstances when a licensed hospice health care professional is not otherwise available. The department shall promulgate rules and regulations to implement this subparagraph. (5) A medication aide shall record in the medication administration record all medications that such medication aide has personally administered to a resident of a personal care home and any refusal of a resident to take a medication. A medication aide shall observe a resident to whom medication has been administered and shall report any changes in the condition of such resident to the personal representative or legal surrogate of such resident. (6) All medication administered by a medication aide in accordance with this subsection shall be in unit or multidose packaging. (7) A personal care home that employs one or more medication aides to administer medications in accordance with this subsection shall secure the services of a licensed pharmacist to perform the following duties:

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(A) Perform a quarterly review of the drug regimen of each resident of the personal care home and report any irregularities to the personal care home administrator; (B) Remove for proper disposal any drugs that are expired, discontinued, in a deteriorated condition, or when the resident for whom such drugs were ordered is no longer a resident; (C) Establish or review policies and procedures for safe and effective drug therapy, distribution, use, and control; and (D) Monitor compliance with established policies and procedures for medication handling and storage. (8) A personal care home that employs one or more medication aides to administer medications in accordance with this subsection shall ensure that each medication aide receives ongoing medication training as prescribed by the department. A registered professional nurse or licensed pharmacist shall conduct random medication administration observations on a quarterly basis and report any issues to the personal care home administrator."

SECTION 6. Said title is further amended in Code Section 31-7-12.2, relating to regulation and licensing of assisted living communities, by revising subsections (b) and (f) and by adding new subsections to read as follows:
"(b) As used in this Code section, the term: (1) 'Ambulatory' means the ability to move from place to place by walking, either unaided or aided by a prosthesis, brace, cane, crutches, walker, or hand rails, or by propelling a wheelchair and to respond to an emergency condition, whether caused by fire or otherwise, and escape with minimal human assistance using the normal means of egress. (2) 'Assisted living care' includes: (A) Personal services, which includes, but is not limited to, individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting; (B) The administration of medications by a medication aide in accordance with this Code section; (C) The provision of assisted self-preservation in accordance with this Code section; and (D) The provision of limited nursing services. (3) 'Assisted living community' means a personal care home with a minimum of 25 beds that is licensed as an assisted living community pursuant to Code Section 31-7-3. (4) 'Assisted self-preservation' means the capacity of a resident to be evacuated from an assisted living community, to a designated point of safety and within an established period of time as determined by the office of Safety Fire Commissioner. Assisted self-preservation is a function of all of the following:

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(A) The condition of the individual; (B) The assistance that is available to be provided to the individual by the staff of the assisted living community; and (C) The construction of the building in which the assisted living community is housed, including whether such building meets the state fire safety requirements applicable to an existing health care occupancy. (5) 'Continuous medical or nursing care' means medical or nursing care required other than on a periodic basis or for a short-term illness. (6) 'Direct care staff person' means any employee, facility volunteer, or contract staff who provides to residents: (A) Any personal services, including but not limited to, medication administration or assistance, assistance with ambulation and transfer, and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting; or (B) Any other limited nursing services. (7) 'Limited nursing services' means the assessment of the physical, mental, and emotional status to determine the appropriate level of care for an individual; the performance of health maintenance activities, as defined in division (a)(9)(C)(ii) of Code Section 43-26-12; and the provision of any nursing care within the direct care staff person's scope of practice that can be completed within seven days or intermittently." "(f) An assisted living community shall not admit or retain an individual who is in need of continuous medical or nursing care. Other than as permitted by a medication aide pursuant to paragraph (7) of subsection (g) of this Code section or for limited nursing services provided by a registered professional nurse or licensed practical nurse pursuant to subparagraph (b)(2)(D) of this Code section, medical, nursing, or health services required on a periodic basis, or for short-term illness, shall not be provided as services of an assisted living community. When such services are required, they shall be purchased by the resident or the resident's representative or legal surrogate, if any, from appropriate providers managed independently from the assisted living community. An assisted living community may assist in arranging for such services, but not in the provision of such services." "(j) On and after July 1, 2021, all assisted living communities shall be required to meet the following staffing and training requirements: (1) Ensure that each direct care staff person in the assisted living community receives initial and annual training covering topics specified by the department to ensure a demonstrated knowledge and understanding of caring for elderly and disabled adults; and (2) Maintain the following minimum staffing requirements: (A) An average monthly minimum on-site staffing ratio of one direct care staff person for every 15 residents during all waking hours and one direct care staff person for every 20 residents during all nonwaking hours; provided, however, that either such ratio is adequate to meet the needs of the residents; (B) At least two on-site direct care staff persons at all times; and

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(C) A registered professional nurse or licensed practical nurse on-site, as follows: (i) For assisted living communities with one to 30 residents, a minimum of eight hours per week; (ii) For assisted living communities with 31 to 60 residents, a minimum of 16 hours per week; (iii) For assisted living communities with 61 to 90 residents, a minimum of 24 hours per week; or (iv) For assisted living communities with more than 90 residents, a minimum of 40 hours per week.
(k) On and after July 1, 2021, all assisted living communities shall be required to meet the following financial stability requirements:
(1) Upon initial application for an assisted living community license, provide a financial stability affidavit from a certified public accountant affirming the applicant's ability to operate as a going concern for the next two years; (2) Provide a minimum of 60 days' written notice to the department and all residents of any impending bankruptcy or property eviction that may force discharge or relocation of residents or otherwise adversely impact the provision of safe care and oversight; and (3) Provide a minimum of 14 days' written notice to the department and all residents of any impending change of ownership that may force discharge or relocation of residents or otherwise adversely impact the provision of safe care and oversight."

SECTION 7. Said title is further amended in Code Section 31-7-12.3, relating to adoption of rules and regulations to implement Code Sections 31-7-12 and 31-7-12.2, 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. Notwithstanding the provision of limited nursing services by assisted living communities, 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

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(3) The department finds that the personal care home can provide or arrange for the appropriate level of care for the resident."

SECTION 8. Said title is further amended in Article 1 of Chapter 7, relating to regulation of hospitals and related institutions, by adding new Code sections to read as follows:
"31-7-12.4. (a) As used in this Code section, the term:
(1) '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. (2) 'Assisted living community' means a facility licensed pursuant to Code Section 31-7-12.2. (3) 'Certificate' means a certificate issued by the department pursuant to this Code section to operate a memory care center. (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) 'Direct care staff person' means any employee, facility volunteer, or contract staff who provides to residents:
(A) Any personal services, including but not limited to, medication administration or assistance, assistance with ambulation and transfer, and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting; or (B) Any other limited nursing services, as defined in subsection (b) of Code Section 31-7-12.2. (6) 'Memory care center' means a freestanding or incorporated specialized unit within an assisted living community or personal care home that either: (A) Holds itself out as providing additional or specialized care to persons with diagnoses of probable Alzheimer's or other dementias or with cognitive deficits that may place the resident at risk; or (B) Charges higher rates for care for residents with Alzheimer's or other dementias than for care to other residents. (7) 'Personal care home' means a facility licensed pursuant to Code Section 31-7-12. (b) On and after July 1, 2021, no assisted living community or personal care home shall operate a memory care center without first obtaining a certificate from the department. A certificate issued pursuant to this Code section shall not be assignable or transferable. In order to receive a certificate from the department to operate a memory care center, an applicant shall meet and be subject to the requirements contained in this Code section and in rules and regulations established by the department. (c)(1) A memory care center shall meet the following minimum staffing requirements:

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(A) One dementia trained direct care staff person for every 12 residents on-site during all waking hours and for every 15 residents on-site during all nonwaking hours based on a monthly average; provided, however, that such ratio is adequate to meet the needs of the residents; (B) One registered professional nurse, licensed practical nurse, or certified medication aide on-site at all times; (C) Two direct care staff persons on-site at all times; and (D) One registered professional nurse or licensed practical nurse on-site or available in the building at all times as follows:
(i) For memory care centers with one to 12 residents, a minimum of eight hours per week; (ii) For memory care centers with 13 to 30 residents, a minimum of 16 hours per week; (iii) For memory care centers with 31 to 40 residents, a minimum of 24 hours per week; or (iv) For memory care centers with more than 40 residents, a minimum of 40 hours per week. (2) A memory care center shall meet the following training requirements: (A) All staff, regardless of role, shall receive at least four hours of dementia-specific orientation within the first 30 days of working in the center. Such orientation shall include: (i) Basic information about the nature, progression, and management of Alzheimer's and other dementias; (ii) Techniques for creating an environment that minimizes challenging behavior from residents with Alzheimer's and other dementias; (iii) Methods of identifying and minimizing safety risks to residents with Alzheimer's and other dementias; and (iv) Techniques for successful communication with individuals with Alzheimer's and other dementias; (B) All direct care staff personnel shall receive initial orientation training within the first 30 days of caring for residents independently that, at a minimum, includes: (i) General training, to include:
(I) Development, updating, and implementation of comprehensive and individual service plans; (II) Skills for recognizing physical or cognitive changes in the resident that warrant seeking medical attention; (III) Residents' rights and identification of conduct constituting abuse, neglect, or exploitation; (IV) General infection control principles; (V) Emergency preparedness training; (VI) Emergency first aid; and

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(VII) Cardiopulmonary resuscitation; and (ii) Specialized training in dementia care, to include:
(I) The nature of Alzheimer's and other dementias; (II) The center's philosophy related to the care of residents with Alzheimer's and other dementias; (III) The center's policies and procedures related to care of residents with Alzheimer's and other dementias; (IV) Common behavior problems characteristic of residents with Alzheimer's and other dementias; (V) Positive therapeutic interventions and activities; (VI) Skills for maintaining the safety of the resident; and (VII) The role of the family in caring for residents with Alzheimer's and other dementias; (C) Direct care staff personnel shall complete a minimum of 16 hours of specialized training in dementia care within the first 30 days of working independently with residents with Alzheimer's or other dementias, and a minimum of eight hours of such specialized training in dementia care annually thereafter; and (D) The memory care center shall maintain documentation reflecting course content, instructor qualifications, agenda, and attendance rosters for all training sessions provided. (d) The department shall establish such other requirements as deemed necessary to protect the well-being of residents with Alzheimer's and other dementias, which shall include, but shall not be limited to, requirements relating to: (1) Admission policies and procedures, assessment of residents, and development of written care plans; (2) Physical design, environment, and safety measures to accommodate and protect residents; and (3) Measures and protocols to address and prevent the elopement of residents, including appropriate safety devices and maintaining current photographs of residents. (e) The department shall promulgate rules and regulations to implement the provisions of this Code section. (f) In accordance with subsection (b) of Code Section 31-2-7, the department upon application or petition may, in its discretion, grant variances and waivers of the rules and regulations applicable to memory care centers.

31-7-12.5. (a) As used in this Code section, the term 'COVID-19' means coronavirus disease 2019. (b) Each personal care home with 25 or more beds, each assisted living community, and each nursing home licensed in this state shall:
(1) Inform its residents and their representatives or legal surrogates by 5:00 P.M. the next calendar day following the occurrence of either a single confirmed infection of

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COVID-19 or another airborne infectious disease identified by the department or the federal Centers for Disease Control and Prevention as a threat to public health, or three or more residents or staff with new-onset of respiratory symptoms occurring within 72 hours of each other. Such information shall:
(A) Not include personally identifiable information; (B) Include information on mitigating actions implemented to prevent or reduce the risk of transmission, including if normal operations of the facility will be altered; and (C) Include any cumulative updates for residents and their representatives or legal surrogates at least weekly or by 5:00 P.M. the next calendar day following the occurrence of any subsequent confirmed infection of COVID-19, or whenever three or more residents or staff with new onset of respiratory symptoms occurs within 72 hours of each other; (2) Maintain a minimum of a seven-day supply of protective masks, surgical gowns, eye protection, and gloves sufficient to protect all residents and staff; (3) Maintain and publish for its residents and their representatives or legal surrogates policies and procedures pertaining to infection control and mitigation within their facilities and update such policies and procedures annually; and (4) As part of the facility's disaster preparedness plan required pursuant to subsection (c) of Code Section 31-7-3 and department rules and regulations, include an epidemic and pandemic plan for influenza and other infectious diseases which conforms to department and federal Centers for Disease Control and Prevention standards that contains the following minimum elements: (A) Protocols for surveillance and detection of epidemic and pandemic diseases in residents and staff; (B) A communication plan for sharing information with public health authorities, residents, residents' representatives or their legal surrogates, and staff; (C) An education and training plan for residents and staff regarding infection control protocols; (D) An infection control plan that addresses visitation, cohorting measures, sick leave and return-to-work policies, and testing and immunization policies; and (E) A surge capacity plan that addresses protocols for contingency staffing and supply shortages.

31-7-12.6. (a) As used in this Code section, the term:
(1) 'Direct care staff person' means any employee, facility volunteer, or contract staff who provides to residents:
(A) Any personal services, including but not limited to, medication administration or assistance, assistance with ambulation and transfer, and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting; or

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(B) Any other limited nursing services, as defined in subsection (b) of Code Section 31-7-12.2. (2) 'Long-term care facility' means a personal care home with 25 or more beds, an assisted living community, or a nursing home licensed in this state. (b) No later than 90 days after the effective date of this Act each resident and direct care staff person in a long-term care facility in this state shall be required to receive an initial baseline molecular SARS CoV-2 test as outlined by the federal Centers for Disease Control and Prevention; provided, however, that residents and direct care staff persons tested prior to the effective date of this Act shall not be required to receive such test. (c) The department shall be authorized to establish rules and regulations to require testing of new residents and direct care staff persons on and after 90 days after the effective date of this Act."

SECTION 9. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Chapter 27, relating to nursing home administrators, as follows:
"43-27-1. As used in this chapter, the term:
(1) 'Administrator' means a person who operates, manages, supervises, or is in charge of a long-term care facility. (2) 'Assisted living community' means a facility licensed pursuant to Code Section 31-7-12.2. (3) 'Assisted living community administrator' means a person who operates, manages, supervises, or is in charge of an assisted living community. (4) 'Board' means the State Board of Long-Term Care Facility Administrators. (5) 'Long-term care facility' means a personal care home, an assisted living community, or a nursing home. (6) 'Nursing home' has the same meaning as prescribed by the Department of Community Health in the rules and regulations for nursing homes. (7) 'Nursing home administrator' means a person who operates, manages, supervises or is in charge of a nursing home. (8) 'Personal care home' means a facility licensed pursuant to Code Section 31-7-12 which has 25 or more beds. (9) 'Personal care home administrator' means a person who operates, manages, supervises, or is in charge of a personal care home.

43-27-2. (a) There is created the State Board of Long-Term Care Facility Administrators, which, on and after the effective date of this Act, shall consist of nine members. The members of the board shall be appointed by the Governor and confirmed by the Senate, as follows:

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(1) Three members who are nursing home administrators in this state, at least one of whom shall represent nonproprietary nursing homes; (2) Three members each of whom are either a personal care home administrator or an assisted living community administrator; provided, however, that on and after July 1, 2021, all successor members appointed pursuant to this paragraph shall be either a licensed personal care home administrator or a licensed assisted living community administrator; (3) Two members of the public at large who are not personal care home administrators, assisted living community administrators, or nursing home administrators or pecuniarily interested in any personal care home, assisted living community, or nursing home, or have any connection with the personal care home, assisted living community, or nursing home industry whatsoever; and (4) One member who is a health care professional with at least a bachelor's degree, experience in elder care, and knowledge in dementia care and who is not a personal care home administrator, an assisted living community administrator, or a nursing home administrator or pecuniarily interested in any personal care home, assisted living community, or nursing home, or has any connection with the personal care home, assisted living community, or nursing home industry whatsoever; and (b) The term for all members shall be three years from the date of appointment. A member may be removed as provided in Code Section 43-1-17, including removal for failing to attend three meetings in one calendar year. All vacancies shall be filled by the Governor for the unexpired terms in accordance with the requirements for appointment to the vacant position.

43-27-3. The board shall elect a chairman and vice-chairman from its membership and such other officers as it shall deem necessary and shall adopt rules and regulations to govern its proceedings. Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. The division director shall be the executive secretary of the board.

43-27-4. The board shall have sole and exclusive authority to determine the qualifications, skill, and fitness of any person to serve as an administrator of a personal care home, an assisted living community, or a nursing home under this chapter; and the holder of a license under this chapter shall be deemed qualified to serve as the administrator of such personal care home, assisted living community, or nursing home, as applicable.

43-27-5. (a) The board shall have the following powers and duties:
(1) To issue, renew, and reinstate the licenses of duly qualified applicants for licensure;

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(2) To deny, suspend, revoke, or otherwise sanction licenses to practice as an administrator; (3) To initiate investigations for the purpose of discovering violations of this chapter; (4) To initiate investigations for the purpose of discovering violations by an administrator of the rules, regulations, or statutes of the Department of Community Health or the Department of Human Services, provided that the board shall investigate those violations only after revocation, limitation, or restriction of participation of the long-term care facility of which such individual is the administrator in the medical assistance program, if applicable, or the license issued by the Department of Community Health and make written findings as to the causes of the alleged violations; (5) To conduct hearings upon charges into alleged violations of this chapter; (6) To prepare or approve all examinations for licensure as an administrator; (7) To develop, impose, and enforce standards which must be met by individuals in order to receive or maintain a license as a personal care home administrator, as an assisted living community administrator, and as a nursing home administrator; (8) To conduct a continuing study and investigation of long-term care facilities and administrators of such long-term care facilities within the state for the purpose of improving the standards imposed for the licensing of such administrators; and (9) To adopt such rules and regulations as shall be reasonably necessary for the implementation and enforcement of this chapter. The board shall have the authority to establish, provide, or approve various education programs or courses for personal care home administrators, for assisted living community administrators, and for nursing home administrators and to prescribe rules and regulations requiring applicants for licenses as administrators to attend such programs or courses as a prerequisite to their being admitted to the examination or issued a license and requiring licensed administrators to attend such programs or courses as a prerequisite to their being issued any license renewal. (b) Nothing in this chapter or in the rules and regulations adopted under this chapter shall be construed to require an applicant for a license as an administrator who is certified by a recognized church or religious denomination which teaches reliance on spiritual means alone for healing as having been approved to administer institutions certified by such church or denomination for the care and treatment of the sick in accordance with its teachings to demonstrate proficiency in any medical techniques or to meet any medical educational qualifications or medical standards not in accord with the remedial care and treatment provided in such institutions.

43-27-6. (a)(1) Prior to July 1, 2021, no person shall serve as a nursing home administrator until first obtaining a license from the board. (2) On and after July 1, 2021, no person shall serve as an administrator of a long-term care facility until first obtaining a license from the board; provided, however, that an

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individual hired as an administrator of a long-term care facility shall have 60 days from the date of hire to obtain such licensure. (b) The board shall issue licenses as administrators only to persons who: (1) Are at least 21 years of age; (2) Are of reputable and responsible character; (3) Meet the standards and the criteria established by the board to evidence the applicant's qualifications by training and experience to operate a personal care home, an assisted living community, or a nursing home, provided that two years of experience working in a personal care home, an assisted living community, or a nursing home shall be equivalent to one year of any academic education and training requirements established by the board; and such experience may be substituted without limitation for such education and training requirements; and (4) Satisfactorily pass a written or oral examination, or both, approved by the board to determine the applicable qualifications of the applicant to operate a personal care home, an assisted living community, or a nursing home.

43-27-7. (a) The board, in its discretion and otherwise subject to this chapter and the rules and regulations of the board promulgated under this chapter prescribing the qualifications for a personal care home administrator license, an assisted living community administrator license, and a nursing home administrator license, may issue a license to a personal care home administrator, an assisted living community administrator, or a nursing home administrator who has been issued a license by the proper authorities of any state or issued a certificate of qualification by any national organization, upon payment of a fee to be fixed by the board and upon submission of evidence satisfactory to the board that such other state or national organization maintains a system and standard of qualifications and examinations for a personal care home administrator license, an assisted living community administrator license, or a nursing home administrator license or certificate which is substantially equivalent to those required in this state. (b) An applicant for licensure who meets the qualifications of subsection (a) of this Code section may be issued a provisional license by the board to practice as a personal care home administrator, assisted living community administrator, or nursing home administrator which shall be valid until the results of any examination required by the board and for which the applicant is scheduled to take are released. An applicant who has been issued a provisional license will be scheduled by the board to take the first available examination. If the applicant passes the examination, the provisional license shall be valid until the permanent license is issued. If the applicant fails to appear for the examination or if the applicant fails the examination, the provisional license shall become invalid immediately. The board may authorize the issuance of a second provisional license only to an applicant who provides just cause to the board as to why the applicant was unable to appear for the examination.

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43-27-8. Each person licensed as an administrator shall be required to pay a biennial license fee in an amount to be fixed by the board. Such license shall expire on the renewal date established by the division director and shall be renewable for two years upon payment of the biennial license fee. No license fee shall be required of any superintendent of a state hospital or facility during such time as the superintendent is acting or serving in the capacity as a nursing home administrator in a state institution and as an employee of the state.

43-27-9. The board may, for good cause shown and under such conditions as it may prescribe, restore a license to any person whose license has been suspended or revoked.

43-27-10. No provision of this chapter shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing, or collecting any license fee, registration fee, tax, or gross receipt tax on any profession covered by this chapter or upon any related profession or anyone engaged in any related profession governed by this chapter.

43-27-11. (a) Any person who acts or serves in the capacity of a nursing home administrator without holding a license as a nursing home administrator issued in accordance with this chapter shall be guilty of a misdemeanor. (b) Any person who knowingly acts or serves in the capacity of a personal care home administrator or assisted living community administrator without holding an appropriate license as such, issued in accordance with this chapter, shall be guilty of a misdemeanor. (c) Any person not licensed under this chapter as a nursing home administrator who holds himself or herself out to be a licensed nursing home administrator or uses the initials N.H.A. after his or her name shall be guilty of a misdemeanor."

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 June 30, 2020.

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INSURANCE GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION; EXTEND ASSOCIATION PROTECTIONS TO CERTAIN PERSONS; ASSESSMENTS.

No. 405 (House Bill No. 1050).

AN ACT

To amend Chapter 38 of Title 33 of the Official Code of Georgia Annotated, relating to Georgia Life and Health Insurance Guaranty Association, so as to extend association protections to certain persons receiving insurance coverage from health maintenance organization subscriber contracts or health care corporation plans; to provide for applicability; to provide for modernization and updates; to provide for revisions to the assessment formula on long-term care insurance written by impaired or insolvent insurers; to provide for the recoupment of assessments on certain members through a surcharge on premiums as approved by the Commissioner; 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. Chapter 38 of Title 33 of the Official Code of Georgia Annotated, relating to Georgia Life and Health Insurance Guaranty Association, is amended by revising Code Section 33-8-1, relating to purpose, as follows:
"33-38-1. The purpose of this chapter is to protect the persons specified in subsection (b) of Code Section 33-38-2, subject to certain limitations, against failure in the performance of contractual obligations, under life, health, and annuity policies, plans, or contracts specified in subsection (a) of Code Section 33-38-2, due to the impairment or insolvency of the member insurer issuing such policies, plans, or contracts. To provide this protection: (1) an association of member insurers is created to enable the guaranty of payment of benefits and continuation of coverages as limited by this chapter; (2) members of the association are subject to assessment to provide funds to carry out the purpose of this chapter; and (3) the association is authorized to assist the Commissioner, in the prescribed manner, in the detection and prevention of insurer impairments or insolvencies."

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SECTION 2. Said chapter is further amended by revising Code Section 33-38-2, relating to scope, as follows:
"33-38-2. (a) This chapter shall provide coverage to the persons specified in subsection (b) of this Code section for policies or contracts of direct, nongroup life insurance; health insurance which for the purposes of this chapter includes health maintenance organization subscriber contracts and certificates and health care plans issued by health care corporations; annuities; for certificates under direct group policies and contracts and supplemental contracts to any of these; and for unallocated annuity contracts, in each case issued by member insurers, except as limited by this chapter. Annuity contracts and certificates under group annuity contracts include, but are not limited to, guaranteed investment contracts, deposit administration contracts, unallocated funding agreements, allocated funding agreements, structured settlement annuities, annuities issued to or in connection with government lotteries, and any immediate or deferred annuity contracts.
(b)(1) Coverage under this chapter shall be provided only: (A) To persons who, regardless of where they reside, except for nonresident certificate holders under group policies or contracts, are the beneficiaries, assignees, or payees, including health care providers rendering services covered under health insurance policies or certificates, of the persons covered under subparagraph (B) of this paragraph; and (B) To persons who are owners of or certificate holders or enrollees under such policies or contracts, other than unallocated annuity contracts and structured settlement annuities, to the persons who are the contract holders and who: (i) Are residents; or (ii) Are not residents, but the member insurers which issued such policies or contracts are domiciled in this state; the states in which such persons reside have associations similar to the association created by this chapter; and such persons are not eligible for coverage by an association in any other state due to the fact that the insurer, health maintenance organization, or health care corporation was not licensed in the state at the time specified in the state's guaranty association law.
(2) For unallocated annuity contracts specified in subsection (a) of this Code section, subparagraphs (A) and (B) of paragraph (1) of this subsection shall not apply, and this chapter shall, except as provided in paragraphs (4) and (5) of this subsection, provide coverage to:
(A) Persons who are the owners of the unallocated annuity contracts if the contracts are issued to or in connection with a specific benefit plan whose plan sponsor has its principal place of business in this state; and (B) Persons who are owners of unallocated annuity contracts issued to or in connection with government lotteries if the owners are residents.

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(3) For structured settlement annuities specified in subsection (a) of this Code section, subparagraphs (A) and (B) of paragraph (1) of this subsection shall not apply, and this chapter shall, except as provided in paragraphs (4) and (5) of this subsection, provide coverage to a person who is a payee under a structured settlement annuity, or beneficiary of a payee if the payee is deceased, if the payee:
(A) Is a resident, regardless of where the contract owner resides; or (B) Is not a resident, but only under both of the following conditions:
(i)(I) The contract owner of the structured settlement annuity is a resident; or (II) The contract owner of the structured settlement annuity is not a resident, but the insurer that issued the structured settlement annuity is domiciled in this state and the state in which the contract owner resides has an association similar to the association created by this chapter; and (ii) Neither the payee or beneficiary nor the contract owner is eligible for coverage by the association of the state in which the payee or contract owner resides. (4) This chapter shall not provide coverage to: (A) A person who is a payee or beneficiary of a contract owner who is a resident of this state, if the payee or beneficiary is afforded any coverage by the association of another state; (B) A person covered under paragraph (2) of this subsection, if any coverage is provided by the association of another state to that person; or (C) A person who acquires rights to receive payments through a structured settlement factoring transaction, as such term is defined in 26 U.S.C. Section 5891(c)(3)(A) as such term existed on January 23, 2002, regardless of whether the transaction occurred before or after such date. (5) This chapter is intended to provide coverage to a person who is a resident of this state and, in special circumstances, to a nonresident. In order to avoid duplicate coverage, if a person who would otherwise receive coverage under this chapter is provided coverage under the laws of any other state, the person shall not be provided coverage under this chapter. In determining the application of the provisions of this subsection in situations where a person could be covered by the association of more than one state, whether as an owner, payee, enrollee, beneficiary, or assignee, this chapter shall be construed in conjunction with other state laws to result in coverage by only one association. (c) Except as otherwise provided in subsection (d) of this Code section, this chapter shall not provide coverage to: (1) That portion or part of a policy or contract not guaranteed by a member insurer, or under which the risk is borne by the policy or contract owner; (2) A policy or contract of reinsurance or any policy or contract or part thereof assumed by the impaired or insolvent insurer under a contract of reinsurance, unless assumption certificates have been issued pursuant to the reinsurance policy or contract; (3) A portion of a policy or contract to the extent that the rate of interest on which it is based, or the interest rate, crediting rate, or similar factor determined by use of an index

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or other external reference stated in the policy or contract employed in calculating returns or changes in value:
(A) Averaged over the period of four years prior to the date on which the member insurer becomes an impaired or insolvent insurer under this chapter, whichever is earlier, exceeds the rate of interest determined by subtracting two percentage points from Moody's Corporate Bond Yield Average averaged for that same four-year period or for such lesser period if the policy or contract was issued less than four years before the member insurer becomes an impaired or insolvent insurer under this chapter, whichever is earlier; and (B) On and after the date on which the member insurer becomes an impaired or insolvent insurer under this chapter, whichever is earlier, exceeds the rate of interest determined by subtracting three percentage points from Moody's Corporate Bond Yield Average as most recently available; (4) Any prepaid legal services plan, as defined in Code Section 33-35-2; (5) Any policy, contract, or certificate issued by a fraternal benefit society, as defined in Code Section 33-15-1; (6) Accident and sickness insurance as defined in Code Section 33-7-2 when written by a property and casualty insurer as part of an automobile insurance contract; (7) A portion of a policy or contract issued to a plan or program of an employer, association, or other person to provide life, health, or annuity benefits to its employees, members, or others, to the extent that the plan or program is self-funded or uninsured, including, but not limited to, benefits payable by an employer, association, or other person under: (A) A multiple employer welfare arrangement as defined in 29 U.S.C. Section 1002(40); (B) A minimum premium group insurance plan; (C) A stop-loss insurance policy; or (D) An administrative services only contract; (8) A portion of a policy or contract to the extent that it provides for: (A) Dividends or experience rating credits; (B) Voting rights; or (C) Payment of any fees or allowances to any person, including the policy or contract owner, in connection with the service to or administration of the policy or contract; (9) A policy or contract issued in this state by a member insurer at a time when it was not licensed or did not have a certificate of authority to issue the policy or contract in this state; (10) Any unallocated annuity contract issued to an employee benefit plan protected under the federal Pension Benefit Guaranty Corporation, regardless of whether the federal Pension Benefit Guaranty Corporation has yet become liable to make any payments with respect to the benefit plan;

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(11) Any portion of any unallocated annuity contract which is not issued to or in connection with a specific employee, union, or association of natural persons benefit plan or a government lottery; (12) A portion of a policy or contract to the extent that the assessments required by Code Section 33-38-15 with respect to the policy or contract are preempted by federal or state law; (13) An obligation that does not arise under the express written terms of the policy or contract issued by the member insurer to the enrollee, certificate holder, contract owner or policy owner, including without limitation:
(A) Claims based on marketing materials; (B) Claims based on side letters, riders, or other documents that were issued by the member insurer without meeting applicable policy or contract form filing or approval requirements; (C) Misrepresentations of or regarding policy or contract benefits; (D) Extra-contractual claims; or (E) A claim for penalties or consequential or incidental damages; (14) A contractual agreement that establishes the member insurer's obligations to provide a book value accounting guaranty for defined contribution benefit plan participants by reference to a portfolio of assets that is owned by the benefit plan or its trustee, which in each case is not an affiliate of the member insurer; (15) A portion of a policy or contract to the extent it provides for interest or other changes in value to be determined by the use of an index or other external reference stated in the policy or contract, but which have not been credited to the policy or contract, or as to which the policy or contract owner's rights are subject to forfeiture, as of the date the member insurer becomes an impaired or insolvent insurer under this chapter, whichever is earlier. If a policy's or contract's interest or changes in value are credited less frequently than annually, then for purposes of determining the values that have been credited and are not subject to forfeiture under this paragraph, the interest or change in value determined by using the procedures defined in the policy or contract will be credited as if the contractual date of crediting interest or changing values was the date of impairment or insolvency, whichever is earlier, and will not be subject to forfeiture; (16) A policy or contract providing any hospital, medical, prescription drug, or other health care benefits pursuant to Part C or Part D of Subchapter XVIII, Chapter 7 of Title 42 of the United States Code, commonly known as Medicare Part C & D, Subchapter XIX, Chapter 7 of Title 42 of the United States Code (commonly known as Medicaid), or any regulations issued pursuant thereto; or (17) Structured settlement annuity benefits to which a payee or beneficiary has transferred his or her rights in a structured settlement factoring transaction, as such term is defined in 26 U.S.C. Section 5891(c)(3)(A) as such term existed on January 23, 2002, regardless of whether the transaction occurred before or after such date.

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(d) The exclusion from coverage referenced in paragraph (3) of subsection (c) of this Code section shall not apply to any portion of a policy or contract, including a rider, that provides long-term care for any other health insurance benefit. (e) The provisions of this Code section shall apply only to coverage the Georgia Life and Health Insurance Guaranty Association provides in connection with any member insurer that is placed under an order of liquidation with a finding of insolvency on or after July 1, 2020."

SECTION 3. Said chapter is further amended by revising Code Section 33-38-4, relating to definitions, as follows:
"33-38-4. As used in this chapter, the term:
(1) 'Account' means any of the two accounts created under Code Section 33-38-5. (2) 'Affiliate' means any person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the person specified. (3) 'Association' means the Georgia Life and Health Insurance Guaranty Association created under Code Section 33-38-5. (4) 'Authorized assessment,' or 'authorized' when used in the context of assessments, means a resolution by the board of directors of the association has been passed whereby an assessment will be called immediately or in the future from member insurers for a specified amount. An assessment is authorized when the resolution is passed. (5) 'Benefit plan' means a specific employee, union, or association of natural persons benefit plan. (6) 'Called assessment,' or 'called' when used in the context of assessments, means that a notice has been issued by the association to member insurers requiring that an authorized assessment be paid within the time frame set forth within the notice. An authorized assessment becomes a called assessment when notice is mailed by the association to member insurers. (7) 'Contractual obligation' means any obligation under a covered policy, contract, or certificate under a group policy or contract, or portion thereof for which coverage is provided under Code Section 33-38-2. (8) 'Control' or 'controlled' means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise. (9) 'Covered contract' or 'covered policy' means a policy or contract or portion of a policy or contract for which coverage is provided under Code Section 33-38-2. (10) 'Extra-contractual claims' shall include, for example, any claim not authorized by, or outside the scope of, the underlying policy or contract to include any claim based on

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bad faith, punitive or exemplary damages, treble damages, prejudgment or postjudgment interest, attorney's fees, or costs of litigation. (11) 'Health benefit plan' means any hospital or medical expense policy or certificate, health maintenance organization subscriber contract, or any other similar health contract. This term does not include:
(A) Accident only insurance; (B) Credit insurance; (C) Dental only insurance; (D) Vision only insurance; (E) Medicare supplement insurance; (F) Benefits for long-term care, home health care, community based care, or any combination thereof; (G) Disability income insurance; (H) Coverage for on-site medical clinics; or (I) Specified disease, hospital confinement indemnity, or limited benefit health insurance if the types of coverage do not provide coordination of benefits and are provided under separate policies or certificates. (12) 'Health care corporation' means a corporation established in accordance with the provisions of Chapter 20 of Title 33 to administer one or more health care plans as defined in Code Section 33-20-3(4). (13) 'Impaired insurer' means a member insurer which is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction. (14) 'Insolvent insurer' means a member insurer against which an order of liquidation containing a finding of insolvency has been entered by a court of competent jurisdiction. (15) 'Member insurer' means any insurer, health maintenance organization, or health care corporation which is licensed or which holds a certificate of authority to transact in this state any kind of insurance, health care plan, or health maintenance organization business for which coverage is provided under Code Section 33-38-2 and includes any insurer, health care corporation, or health maintenance organization whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include: (A) A fraternal benefit society; (B) A mandatory state pooling plan; (C) A mutual assessment company or any entity that operates on an assessment basis; (D) An insurance exchange; (E) An organization that has a certificate or license limited to the issuance of charitable gift annuities under Code Sections 33-58-1 through 33-58-6; or (F) Any entity similar to those described in subparagraphs (A) through(E) of this paragraph.

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(16) 'Moody's Corporate Bond Yield Average' means the Monthly Average Corporates as published by Moody's Investors Service, Inc., or any successor thereto. (17) 'Owner' of a policy or contract, 'policyholder,''policy owner,' and 'contract owner' mean the person who is identified as the legal owner under the terms of the policy or contract or who is otherwise vested with legal title to the policy or contract through a valid assignment completed in accordance with the terms of the policy or contract and properly recorded as the owner on the books of the member insurer. The terms 'owner,' 'contract owner,' 'policyholder,' and 'policy owner' shall not include persons with a mere beneficial interest in a policy or contract. (18) 'Person' means any individual, corporation, limited liability company, partnership, association, governmental body or entity, or voluntary organization. (19) 'Plan sponsor' means:
(A) The employer in the case of a benefit plan established or maintained by a single employer; (B) The employee organization in the case of a benefit plan established or maintained by an employee organization; or (C) In a case of a benefit plan established or maintained by two or more employers or jointly by one or more employers and one or more employee organizations, the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the benefit plan. (20) 'Premiums' means amounts or considerations, by whatever name called, received on covered policies or contracts, less returned premiums, considerations and deposits thereon and less dividends and experience credits. The term 'premiums' shall not include: (A) Amounts or considerations received for policies or contracts or for the portions of policies or contracts for which coverage is not provided under this chapter except that assessable premium shall not be reduced on account of paragraph (3) of subsection (c) of Code Section 33-38-2, relating to interest limitations, and paragraph (12) of Code Section 33-38-7, relating to limitations with respect to one individual, one participant, and one policy or contract owner; (B) Premiums in excess of $5 million on an unallocated annuity contract; or (C) With respect to multiple nongroup policies of life insurance owned by one owner, whether the policy or contract owner is an individual, firm, corporation, or other person, and whether the persons insured are officers, managers, employees, or other persons, premiums in excess of $5 million with respect to these policies or contracts, regardless of the number of policies or contracts held by the owner. (21)(A) 'Principal place of business' of a plan sponsor or a person other than a natural person means the single state in which the natural persons who establish policy for the direction, control, and coordination of the operations of the entity as a whole primarily exercise that function, determined by the association in its reasonable judgment by considering the following factors:

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(i) The state in which the primary executive and administrative headquarters of the entity is located; (ii) The state in which the principal office of the chief executive officer of the entity is located; (iii) The state in which the board of directors, or similar governing person or persons, of the entity conducts the majority of its meetings; (iv) The state in which the executive or management committee of the board of directors, or similar governing person or persons, of the entity conducts the majority of its meetings; (v) The state from which the management of the overall operations of the entity is directed; and (vi) In the case of a benefit plan sponsored by affiliated companies comprising a consolidated corporation, the state in which the holding company or controlling affiliate has its principal place of business as determined using the above factors. However, in the case of a plan sponsor, if more than 50 percent of the participants in the benefit plan are employed in a single state, that state shall be deemed to be the principal place of business of the plan sponsor. (B) The principal place of business of a plan sponsor of a benefit plan described in subparagraph (C) of paragraph(19) of this Code section shall be deemed to be the principal place of business of the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the benefit plan that, in lieu of a specific or clear designation of a principal place of business, shall be deemed to be the principal place of business of the employer or employee organization that has the largest investment in the benefit plan in question. (22) 'Receivership court' means the court in the insolvent or impaired insurer's state having jurisdiction over the conservation, rehabilitation, or liquidation of the member insurer. (23) 'Resident' means any person who resides in this state at the time a member insurer is determined to be an impaired or insolvent insurer and to whom contractual obligations are owed. A person may be a resident of only one state, which, in the case of a person other than a natural person, shall be its principal place of business. Citizens of the United States who are either residents of foreign countries or residents of United States possessions, territories, or protectorates that do not have an association similar to the association created by this chapter shall be deemed residents of the state of domicile of the member insurer that issued the policies or contracts. (24) 'State' means a state, the District of Columbia, Puerto Rico, and a United States possession, territory, or protectorate. (25) 'Structured settlement annuity' means an annuity purchased in order to fund periodic payments for a plaintiff or other claimant in payment for or with respect to personal injury suffered by the plaintiff or other claimant.

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(26) 'Supplemental contract' means a written agreement entered into for the distribution of proceeds under a life, health, or annuity policy or contract. (27) 'Unallocated annuity contract' means an annuity contract or group annuity certificate which is not issued to and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by an insurer under the contract or certificate."

SECTION 4. Said chapter is further amended by revising Code Section 33-38-5, relating to creation, required membership, functions and powers, supervision of association, and accounts for administration and assessment, as follows:
"33-38-5. (a) There is created a nonprofit, unincorporated association to be known as the Georgia Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance, a health maintenance organization business, or a health care corporation business in this state. The association shall perform its functions under the plan of operation established and approved under Code Section 33-38-8 and shall exercise its powers through a board of directors established under Code Section 33-38-6. (b) The association shall come under the immediate supervision of the Commissioner and shall be subject to the applicable provisions of the insurance laws of this state. (c) For purposes of administration and assessment, the association shall maintain two accounts: (1) the health insurance account; and (2) the life insurance and annuity account. The life insurance and annuity account shall contain three subaccounts: (A) the life insurance account; (B) the annuity account; and (C) the unallocated annuity account. (d) For purposes of assessment, supplemental contracts shall be covered under the account in which the basic policy is covered."

SECTION 5. Said chapter is further amended by revising Code Section 33-38-6, relating to membership of the board of directors, vacancies, compensation, and reimbursement of expenses, as follows:
"33-38-6. (a) The board of directors of the association shall consist of not less than seven nor more than 11 member insurers serving terms as established in the plan of operation. The members of the board shall be selected by the Commissioner from a list provided to the Commissioner from the board. Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the Commissioner. (b) In approving selections of members to the board, the Commissioner shall consider, among other things, whether all member insurers are fairly represented.

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(c) Members of the board may be reimbursed from the assets of the association for reasonable expenses incurred by them in their capacity as members of the board of directors, but members of the board shall not otherwise be compensated by the association for their services."

SECTION 6. Said chapter is further amended by revising Code Section 33-38-7, relating to powers and duties of the association generally, as follows:
"33-38-7. (a) In addition to the powers and duties enumerated elsewhere in this chapter, the association shall have the following powers and duties:
(1) If a member insurer is an impaired insurer, the association, subject to any conditions, other than those conditions which impair the contractual obligations of the impaired insurer, imposed by the association and approved by the Commissioner, may, in its discretion:
(A) Guarantee, assume, reissue, or reinsure, or cause to be guaranteed, assumed, reissued, or reinsured, any or all of the covered policies or contracts of the impaired insurer; and (B) Provide such moneys, pledges, loans, notes, guarantees, or other means as are proper to effectuate subparagraph (A) of this paragraph and assure payment of the contractual obligations of the impaired insurer pending action under subparagraph (A) of this paragraph; and (2) If a member insurer is an insolvent insurer, the association shall, in its discretion, either:
(A)(i)(I) Guarantee, assume, reissue, or reinsure, or cause to be guaranteed, assumed, reissued, or reinsured, the covered policies or contracts of the insolvent insurer; or (II) Assure payment of the contractual obligations of the insolvent insurer; and (ii) Provide moneys, pledges, loans, notes, guarantees, or other means as are reasonably necessary to discharge the association's duties; or (B) Provide benefits and coverages in accordance with the following provisions: (i) With respect to policies and contracts, assure payment of benefits that would have been payable under the policies or contracts of the insolvent insurer, for claims incurred: (I) With respect to group policies and contracts, not later than the earlier of the next renewal date under those policies or contracts or 45 days, but in no event less than 30 days, after the date on which the association becomes obligated with respect to the policies and contracts; and (II) With respect to nongroup policies, contracts, and annuities, not later than the earlier of the next renewal date, if any, under the policies or contracts or one year,

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but in no event less than 30 days, from the date on which the association becomes obligated with respect to the policies or contracts; (ii) Make diligent efforts to provide all known insureds, enrollees, or annuitants, for nongroup policies and contracts, or group policy or contract owners with respect to group policies and contracts, 30 days' notice of the termination, pursuant to division (i) of this subparagraph, of the benefits provided; (iii) With respect to nongroup policies and contracts covered by the association, make available to each known insured, enrollee, or annuitant, or owner if other than the insured or annuitant, and with respect to an individual formerly an insured, enrollee, or annuitant under a group policy or contract who is not eligible for replacement group coverage, make available substitute coverage on an individual basis in accordance with the provisions of division (iv) of this subparagraph, if the insureds, enrollees, or annuitants had a right under law or the terminated policy, contract, or annuity to convert coverage to individual coverage or to continue an individual policy, contract, or annuity in force until a specified age or for a specified time, during which the insurer, health maintenance organization, or health care corporation had no right unilaterally to make changes in any provision of the policy, contract, or annuity or had a right only to make changes in premium by class; (iv) In providing the substitute coverage required under division (iii) of this subparagraph, the association may offer either to reissue the terminated coverage or to issue an alternative policy or contract at actuarially justified rates, subject to the prior approval of the Commissioner. Alternative or reissued policies or contracts shall be offered without requiring evidence of insurability and shall not provide for any waiting period or exclusion that would not have applied under the terminated policy or contract. The association may reinsure any alternative or reissued policy or contract; (v)(I) Alternative policies or contracts adopted by the association shall be subject to the approval of the Commissioner. The association may adopt alternative policies or contracts of various types for future issuance without regard to any particular impairment or insolvency. (II) Alternative policies or contracts shall contain at least the minimum statutory provisions required in this state and provide benefits that shall not be unreasonable in relation to the premium charged. The association shall set the premium in accordance with a table of rates that it shall adopt. The premium shall reflect the amount of insurance to be provided and the age and class of risk of each insured, but shall not reflect any changes in the health of the insured after the original policy was last underwritten. (III) Any alternative policy or contract issued by the association shall provide coverage of a type similar to that of the policy or contract issued by the impaired or insolvent insurer, as determined by the association;

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(vi) If the association elects to reissue terminated coverage at a premium rate different from that charged under the terminated policy or contract, the premium shall be actuarially justified and set by the association in accordance with the amount of insurance or coverage provided and the age and class of risk, subject to prior approval of the Commissioner; (vii) The association's obligations with respect to coverage under any policy or contract of the impaired or insolvent insurer or under any reissued or alternative policy or contract shall cease on the date the coverage, policy, or contract is replaced by another similar policy or contract by the policy or contract owner, the insured, the enrollee, or the association; and (viii) When proceeding under this subparagraph with respect to a policy or contract carrying guaranteed minimum interest rates, the association shall assure the payment or crediting of a rate of interest consistent with paragraph (3) of subsection (c) of Code Section 33-38-2; (3) Nonpayment of premiums within 31 days after the date required under the terms of any guaranteed, assumed, alternative, or reissued policy or contract or substitute coverage shall terminate the association's obligations under the policy, contract or coverage under this chapter with respect to the policy, contract, or coverage, except with respect to any claims incurred or any net cash surrender value which may be due in accordance with the provisions of this chapter; (4) Premiums due for coverage after entry of an order of liquidation of an insolvent insurer shall belong to and be payable at the direction of the association. The association shall be liable for unearned premiums due to policy or contract owners arising after the entry of the order; (5) The protection provided by this chapter shall not apply where any guaranty protection is provided to residents of this state by the laws of the domiciliary state or jurisdiction of the impaired or insolvent insurer other than this state; (6) In carrying out its duties under paragraph (2) of this Code section, the association may: (A) Subject to approval by a court in this state, impose permanent policy or contract liens in connection with a guarantee, assumption, or reinsurance agreement, if the association finds that the amounts which can be assessed under this chapter are less than the amounts needed to assure full and prompt performance of the association's duties under this chapter, or that the economic or financial conditions as they affect member insurers are sufficiently adverse to render the imposition of such permanent policy or contract liens, to be in the public interest; and (B) Subject to approval by a court in this state, impose temporary moratoriums or liens on payments of cash values and policy loans, or any other right to withdraw funds held in conjunction with policies or contracts, in addition to any contractual provisions for deferral of cash or policy loan value. In addition, in the event of a temporary moratorium or moratorium charge imposed by the receivership court on payment of

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cash values or policy loans, or on any other right to withdraw funds held in conjunction with policies or contracts, out of the assets of the impaired or insolvent insurer, the association may defer the payment of cash values, policy loans, or other rights by the association for the period of the moratorium or moratorium charge imposed by the receivership court, except for claims covered by the association to be paid in accordance with a hardship procedure established by the liquidator or rehabilitator and approved by the receivership court; (7) A deposit in this state, held pursuant to law or required by the Commissioner for the benefit of creditors, including policy or contract owners, not turned over to the domiciliary liquidator upon the entry of a final order of liquidation or order approving a rehabilitation plan of an insurer domiciled in this state or in a reciprocal state, pursuant to Code Sections 33-3-8 through 33-3-10, shall be promptly paid to the association. The association shall be entitled to retain a portion of any amount so paid to it equal to the percentage determined by dividing the aggregate amount of policy or contract owners' claims related to that insolvency for which the association has provided statutory benefits by the aggregate amount of all policy or contract owners' claims in this state related to that insolvency and shall remit to the domiciliary receiver the amount so paid to the association less the amount retained pursuant to this paragraph. Any amount so paid to the association and retained by it shall be treated as a distribution of estate assets pursuant to applicable state receivership law dealing with early access disbursements. (8) If the association fails to act within a reasonable period of time with respect to an insolvent insurer, as provided in paragraph (2) of this Code section, the Commissioner shall have the powers and duties of the association under this chapter with respect to the insolvent insurers; (9) Upon the Commissioner's request, the association may render assistance and advice to the Commissioner concerning rehabilitation, payment of claims, continuance of coverage, or the performance of other contractual obligations of any impaired or insolvent insurer; (10) The association shall have standing to appear or intervene before any court or agency in this state with jurisdiction over an impaired or insolvent insurer concerning which the association is or may become obligated under this chapter or with jurisdiction over any person or property against which the association may have rights through subrogation or otherwise. Such standing shall extend to all matters germane to the powers and duties of the association, including but not limited to proposals for reinsuring, reissuing, modifying, or guaranteeing the policies or contracts of the impaired or insolvent insurer and the determination of the policies or contracts and contractual obligations. The association shall also have the right to appear or intervene before a court or agency in another state with jurisdiction over an impaired or insolvent insurer for which the association is or may become obligated or with jurisdiction over any person or property against whom the association may have rights through subrogation or otherwise;

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(11)(A) Any person receiving benefits under this chapter shall be deemed to have assigned the rights under, and any causes of action against any person for losses arising under, resulting from, or otherwise relating to, the covered policy or contract to the association to the extent of the benefits received because of this chapter, whether the benefits are payments of or on account of contractual obligations, continuation of coverage, or provision of substitute or alternative policies, contracts, or coverages. The association may require an assignment to it of such rights and causes of action by any enrollee, payee, policy or contract owner, beneficiary, insured, or annuitant as a condition precedent to the receipt of any rights or benefits conferred by this chapter upon such person. The association shall be subrogated to these rights against the assets of any impaired or insolvent insurer. (B) The subrogation rights of the association under this paragraph shall have the same priority against the assets of the impaired or insolvent insurer as that possessed by the person entitled to receive benefits under this chapter. (C) In addition to subparagraphs (A) and (B) of this paragraph, the association shall have all common law rights of subrogation and any other equitable or legal remedy that would have been available to the impaired or insolvent insurer or owner, beneficiary, enrollee, or payee of a policy or contract with respect to the policy or contracts. (D) If subparagraphs (A) through (C) of this paragraph are invalid or ineffective with respect to any person or claim for any reason, the amount payable by the association with respect to the related covered obligations shall be reduced by the amount realized by any other person with respect to the person or claim that is attributable to the policies or contracts, or portion thereof, covered by the association. (E) If the association has provided benefits with respect to a covered obligation and a person recovers amounts as to which the association has rights as described in this paragraph, the person shall pay to the association the portion of the recovery attributable to the policies or contracts, or portion thereof, covered by the association; (12) The benefits that the association may become obligated to cover shall in no event exceed the lesser of: (A) The contractual obligations for which the member insurer is liable or would have been liable if it were not an impaired or insolvent insurer; (B) With respect to one life, regardless of the number of policies or contracts:
(i) The amount of $300,000.00 in life insurance death benefits, but not more than $100,000.00 in net cash surrender and net cash withdrawal values for life insurance; (ii) For health insurance benefits, $300,000.00 for disability income insurance; $300,000.00 for long-term care insurance; $300,000.00 for health insurance other than disability income insurance as referenced above, long-term care insurance as referenced above or health benefit plans as referenced below, including any net cash surrender and net cash withdrawal values; and $500,000.00 for health benefit plans; and

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(iii) The amount of $300,000.00 in the present value of annuity benefits, but not more than $250,000.00 in net cash surrender and net cash withdrawal values for an annuity; (C) With respect to each payee of a structured settlement annuity, or beneficiary or beneficiaries of the payee if deceased, $300,000.00 in present value annuity benefits, in the aggregate, including net cash surrender and net cash withdrawal values, if any; (D) However, in no event shall the association be obligated to cover more than: (i) An aggregate of $300,000.00 in benefits with respect to any one life under subparagraphs (B) and (C) of this paragraph except with respect to benefits for health benefit plans under division (ii) of this subparagraph, in which case the aggregate liability of the association shall not exceed $500,000.00 with respect to any one individual; or (ii) With respect to one owner of multiple nongroup policies of life insurance, whether the policy or contract owner is an individual, firm, corporation, or other person, and whether the persons insured are officers, managers, employees, or other persons, more than $5 million in benefits, regardless of the number of policies and contracts held by the owner; (E) With respect to either one contract owner provided coverage under subparagraph (b)(2)(B) of Code Section 33-38-2 or one plan sponsor whose plans own directly or in trust one or more unallocated annuity contracts, $5 million in benefits, regardless of the number of contracts with respect to the contract owner or plan sponsor. However, in the case where one or more unallocated annuity contracts are covered contracts under this chapter and are owned by a trust or other entity for the benefit of two or more plan sponsors, coverage shall be afforded by the association if the largest interest in the trust or entity owning the contract or contracts is held by a plan sponsor whose principal place of business is in this state and in no event shall the association be obligated to cover more than $5 million in benefits with respect to all these unallocated contracts; (F) The limitations set forth in this paragraph are limitations on the benefits for which the association is obligated before taking into account either its subrogation and assignment rights or the extent to which those benefits could be provided out of the assets of the impaired or insolvent insurer attributable to covered policies. The costs of the association's obligations under this chapter may be met by the use of assets attributable to covered policies or reimbursed to the association pursuant to its subrogation and assignment rights; and (G) For purposes of this chapter, benefits provided by a long-term care rider to a life insurance policy or annuity contract shall be considered the same type of benefits as the base life insurance policy or annuity contract to which it relates. (13) In performing its obligations to provide coverage under this Code section, the association shall not be required to guarantee, assume, reinsure, reissue, or perform, or cause to be guaranteed, assumed, reinsured, reissued, or performed, the contractual obligations of the insolvent or impaired insurer under a covered policy or contract that

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does not materially affect the economic values or economic benefits of the covered policy or contract; (14) In addition to the rights and powers elsewhere in this chapter, the association may:
(A) Enter into such contracts as are necessary or proper to carry out the provisions and purposes of this chapter; (B) Sue or be sued, including the right to seek a declaratory judgment in any superior court of this state as to uncertainties with respect to the payment of benefits under this Code section. The association may also take any legal actions necessary or proper for recovery of any unpaid assessments under Code Section 33-38-15 and may settle claims or potential claims against it; (C) Borrow money to effect the purposes of this chapter. Any notes or other evidence of indebtedness of the association not in default shall be legal investments for domestic member insurers and may be carried as admitted assets; (D) Employ or retain such persons as are necessary to handle the financial transactions of the association and to perform such other functions as become necessary or proper under this chapter; (E) Negotiate and contract with any liquidator, rehabilitator, conservator, or ancillary receiver to carry out the powers and duties of the association; (F) Take such legal action as may be necessary to avoid payment of improper claims; and (G) Exercise, for the purposes of this chapter and to the extent approved by the Commissioner, the powers of a domestic life insurer, health insurer, health maintenance organization or health care corporation; but in no case may the association issue policies or contracts other than those issued to perform its obligations under this chapter; (15) Organize itself as a corporation or in other legal form permitted by the laws of the state; (16) Request information from a person seeking coverage from the association in order to aid the association in determining its obligations under this chapter with respect to the person, and the person shall promptly comply with the request; (17) Unless prohibited by law, in accordance with the terms and conditions of the policy or contract, file for actuarially justified rate or premium increases for any policy or contract for which it provides coverage under this chapter; (18) Take other necessary or appropriate action to discharge its duties and obligations under this chapter or to exercise its powers under this chapter; (19) The association may join an organization of one or more other state associations of similar purposes, to further the purposes and administer the powers and duties of the association; (20) With respect to covered policies for which the association becomes obligated after an entry of an order of liquidation, the association may elect to succeed to the rights of the insolvent insurer arising after the order of liquidation under any contract of

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reinsurance to which the insolvent insurer was a party, to the extent such contract provides coverage for losses occurring after the date of the order of liquidation. As a condition to making such election, the association must pay all unpaid premiums due under the contract for coverage relating to periods before and after the date on which the order of liquidation was entered; (21) The board of directors shall have discretion and may exercise reasonable business judgment to determine the means by which the association is to provide the benefits of this chapter in an economical and efficient manner; (22) Where the association has arranged or offered to provide the benefits of this chapter to a covered person under a plan or arrangement that fulfills the association's obligations under this chapter, the person shall not be entitled to benefits from the association in addition to or other than those provided under the plan or arrangement; (23) Exclusive venue in any action by or against the association is in the Superior Court of DeKalb County. The association may, at its option, waive such venue as to specific actions. The association shall not be required to give an appeal bond in an appeal that relates to a cause of action arising under this chapter; and (24) In carrying out its duties in connection with guaranteeing, assuming, reissuing, or reinsuring policies or contracts under paragraph (1) or (2) of this Code section, the association may issue substitute coverage for a policy or contract that provides an interest rate, crediting rate, or similar factor determined by use of an index or other external reference stated in the policy or contract employed in calculating returns or changes in value by issuing an alternative policy or contract in accordance with the following provisions:
(A) In lieu of the index or other external reference provided for in the original policy or contract, the alternative policy or contract provides for a fixed interest rate, payment of dividends with minimum guarantees, or a different method for calculating interest or changes in value; (B) There is no requirement for evidence of insurability, waiting period, or other exclusion that would not have applied under the replaced policy or contract; and (C) The alternative policy or contract is substantially similar to the replaced policy or contract in all other material terms. (b) The provisions of this Code section shall apply only to coverage the Georgia Life and Health Insurance Guaranty Association provides in connection with any member insurer that is placed under an order of liquidation with a finding of insolvency on or after July 1, 2020."

SECTION 7. Said chapter is further amended by revising Code Section 33-38-9, relating to delegation of powers and duties of the association, as follows:

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"33-38-9. The plan of operation described in Code Section 33-38-8 may provide that any or all powers and duties of the association, except those under subparagraph (a)(14)(C) of Code Section 33-38-7 and Code Section 33-38-15, shall be delegated to a corporation, association, or other organization which performs or will perform functions similar to those of this association or its equivalent in two or more states. Such a corporation, association, or organization shall be reimbursed for any payments made on behalf of the association and shall be paid for its performance of any function of the association. A delegation under this Code section shall take effect only with the approval of both the board of directors and the Commissioner and may be made only to a corporation, association, or organization which extends protection not substantially less favorable and effective than that provided for by this chapter."

SECTION 8. Said chapter is further amended by revising Code Section 33-38-10, relating to duties and powers of the Commissioner, as follows:
"33-38-10. In addition to the duties and powers enumerated elsewhere in this chapter:
(1) The Commissioner shall: (A) Upon request of the board of directors, provide the association with a statement of the premiums in the appropriate states for each member insurer; and (B) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. Notice to the impaired insurer shall constitute notice to its shareholders, if any. The failure of the impaired insurer to comply promptly with such demand shall not excuse the association from the performance of its powers and duties under this chapter; and
(2) The Commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact business in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation."

SECTION 9. Said chapter is further amended by revising Code Section 33-38-15, relating to assessments against member insurers, as follows:
"33-38-15. (a) For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers separately for the health account and for each subaccount of the life insurance and annuity account at such time and for such amounts as the board finds necessary. Assessment shall be due not less than 30 days after prior written notice to the member insurers. (b) There shall be two classes of assessments, as follows:

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(1) Class A assessments shall be authorized and called for the purpose of meeting administrative costs and legal and other general expenses not related to a particular impaired or insolvent insurer, and examinations conducted under the authority of subsection (c) of Code Section 33-38-16; and (2) Class B assessments shall be authorized and called to the extent necessary to carry out the powers and duties of the association under Code Section 33-38-7 with regard to an impaired or insolvent insurer. (c)(1) The amount of any Class A assessment shall be determined by the board of directors and may be made on a pro rata or non-pro rata basis. If a Class A assessment is made on a pro rata basis, the board may provide that it be credited against future Class B assessments. The amount of any Class B assessment except for assessments related to long-term care insurance, shall be allocated for assessment purposes between the accounts and among the subaccounts in subsection (c) of Code Section 33-38-5 pursuant to an allocation formula which may be based on the premiums or reserves of the impaired or insolvent insurer or any other standard deemed by the board in its sole discretion as being fair and reasonable under the circumstances. The amount of the Class B assessment for long-term care insurance written by the impaired or insolvent insurer shall be allocated according to a method included in the plan of operation and approved by the Commissioner. Such method shall provide for 50 percent of the assessment to be allocated to accident and health member insurers and 50 percent to be allocated to life and annuity member insurers. (2) Class B assessments against member insurers for each account or subaccount shall be in the proportion that the premiums received on business in this state by each assessed member insurer on policies or contracts covered by each account or subaccount for the three most recent calendar years for which information is available preceding the year in which the member insurer became impaired or insolvent, as the case may be, bears to such premiums received on business in this state for such calendar years by all assessed member insurers. (3) Assessments for funds to meet the requirements of the association with respect to an impaired or insolvent insurer shall not be authorized or called until necessary to implement the purposes of this chapter. Classification of assessments under subsection (b) of this Code section and computation of assessments under this subsection shall be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be possible. The association shall notify each member insurer of its anticipated pro rata share of an authorized assessment not yet called within 180 days after the assessment is authorized. (d) The association may abate or defer in whole or in part the assessment of a member insurer if, in the opinion of the board of directors, payment of the assessment would endanger the ability of the member insurer to fulfill its contractual obligations. In the event an assessment against a member insurer is abated or deferred in whole or in part, the amount by which such assessment is abated or deferred may be assessed against the other

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member insurers in a manner consistent with the basis for assessments set forth in this Code section. Once the conditions that caused a deferral have been removed or rectified, the member insurer shall pay all assessments that were deferred pursuant to a repayment plan approved by the association.
(e)(1) The total of all assessments upon a member insurer for each account shall not in any one calendar year exceed 2 percent of such member insurer's premiums received in this state on the policies covered by the account during the calendar year preceding the assessment. If the maximum assessment in any account, together with the other assets of the association, does not provide in any one year in such account an amount sufficient to carry out the responsibilities of the association, the necessary additional funds shall be assessed as soon thereafter as permitted by this chapter. (2) The total of all assessments upon a member insurer for each subaccount of the life insurance and annuity account shall not in any one calendar year exceed 2 percent of such insurer's premiums received in this state on the policies covered by the subaccount during the calendar year preceding the assessment. If the maximum assessment for any subaccount of the life insurance and annuity account in any one year does not provide an amount sufficient to carry out the responsibilities of the association, then the board shall assess the other subaccounts of the life insurance and annuity account for the necessary additional amount up to the maximum assessment level provided in paragraph (1) of this subsection. (f) The board may, by an equitable method as established in the plan of operation, refund to member insurers, in proportion to the contribution of each member insurer to that account or subaccount, the amount by which the assets of the account or subaccount exceed the amount the board finds is necessary to carry out the obligations of the association during the coming year with regard to that account or subaccount, including assets accruing from net realized gains and income from investments. A reasonable amount may be retained in any account or subaccount to provide funds for the continuing expenses of the association and for future losses if the board determines that refunds are impractical. (g) It shall be proper for any member insurer in determining its premium rates and policy owner dividends as to any kind of insurance health maintenance organization business or health care corporation business within the scope of this chapter to consider the amount reasonably necessary to meet its assessment obligations under this chapter. (h) The association shall issue to each member insurer paying an assessment under this chapter, other than a Class A assessment, a certificate of contribution, in a form prescribed by the Commissioner for the amount of the assessment paid. All outstanding certificates shall be of equal dignity and priority without reference to amounts or dates of issue. A certificate of contribution may be shown by the member insurer in its financial statement as an asset in such form, for such an amount and for such period of time, not to exceed five years from the date of assessment, as the Commissioner may approve. (i)(1) A member insurer that wishes to protest all or part of an assessment shall pay when due the full amount of the assessment as set forth in the notice provided by the

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association. The payment shall be available to meet association obligations during the pendency of the protest or any subsequent appeal. Payment shall be accompanied by a statement in writing that the payment is made under protest and setting forth a brief statement of the grounds for the protest. (2) Within 60 days following the payment of an assessment under protest by a member insurer, the association shall notify the member insurer in writing of its determination with respect to the protest unless the association notifies the member insurer that additional time is required to resolve the issues raised by the protest. (3) Within 30 days after a final decision has been made, the association shall notify the protesting member insurer in writing of that final decision. Within 60 days of receipt of notice of the final decision, the protesting member insurer may appeal that final action to the Commissioner. (4) In the alternative to rendering a final decision with respect to a protest based on a question regarding the assessment base, the association may refer protests to the Commissioner for a final decision, with or without a recommendation from the association. (5) If the protest or appeal on the assessment is upheld, the amount paid in error or excess shall be returned to the member insurer. Interest on a refund due a protesting member insurer shall be paid at the rate actually earned by the association. (j) The association may request information of member insurers in order to aid in the exercise of its power under this Code section, and member insurers shall promptly comply with a request."

SECTION 10. Said chapter is further amended by revising Code Section 33-38-16, relating to reports and recommendations as to solvency of companies, and board may report information as to insolvency of member insurer, examinations of member insurers, and reports of insurer insolvencies, as follows:
"33-38-16. (a) The board of directors may, upon majority vote, make reports and recommendations to the Commissioner upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any member insurer, or to the solvency of any health maintenance organization, insurer, or health care corporation seeking to do business in this state. Such reports and recommendations shall not be considered public documents. (b) The board of directors may, upon majority vote, notify the Commissioner of any information indicating any member insurer may be an impaired or insolvent insurer. (c) The board of directors may, upon majority vote, request that the Commissioner order an examination of any member insurer which the board in good faith believes may be an impaired or insolvent insurer. Within 30 days of the receipt of such request, the Commissioner shall begin such examination. The examination may be conducted as a National Association of Insurance Commissioners' examination or may be conducted by

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such persons as the Commissioner designates. The cost of such examination shall be paid by the association, and the examination report shall be treated the same as other examination reports. In no event shall such examination report be released to the board of directors prior to its release to the public, but this shall not preclude the Commissioner from complying with subsection (a) of this Code section. The Commissioner shall notify the board of directors when the examination is completed. The request for an examination shall be kept on file by the Commissioner, but it shall not be open to public inspection prior to the release of the examination report to the public. (d) The board of directors may, upon majority vote, make recommendations to the Commissioner for the detection and prevention of member insurer insolvencies. (e) The board of directors shall, at the conclusion of any insurer insolvency in which the association was obligated to pay covered claims, prepare a report to the Commissioner containing such information as it may have in its possession bearing on the history and causes of such insolvency. The board shall cooperate with the board of directors of guaranty associations in other states in preparing a report on the history and causes of insolvency of a particular insurer and may adopt by reference any report prepared by such other associations."

SECTION 11. Said chapter is further amended by revising Code Section 33-38-17, relating to assessment liability, association as creditor of insolvent or impaired insurer, distribution of insolvent insurer's ownership rights, reimbursement of association from disbursement of marshaled assets as available, and recovery of distributions to affiliates, as follows:
"33-38-17. (a) This chapter shall not be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a plan with assessment liability. (b) For the purpose of carrying out its obligations under this chapter, the association shall be deemed to be a creditor of the impaired or insolvent insurer to the extent of the assets attributable to covered policies, reduced by any amounts to which the association is entitled as subrogee pursuant to paragraph (11) of Code Section 33-38-7. The assets of the impaired or insolvent insurer attributable to covered policies shall be used by the association to continue the covered policies and pay the contractual obligations of the impaired or insolvent insurer as required by this chapter. For purposes of this subsection, that portion of the total assets of an impaired or insolvent insurer that is attributable to covered policies or contracts shall be determined by using the same proportion as the reserves that should have been established for such policies or contracts bears to the reserves that should have been established for all policies of insurance or health benefit plans written by the impaired or insolvent insurer. (c) As a creditor of the impaired or insolvent insurer as established in subsection (b) of this Code section and consistent with Code Section 33-37-33, the association and other similar

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

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

SECTION 12. Said chapter is further amended by revising Code Section 33-38-21, relating to references to the association in advertisements for insurance, as follows:
"33-38-21. (a) No person, including a member insurer or agent or affiliate of a member insurer, shall make, publish, disseminate, circulate, or place before the public or cause directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in any newspaper, magazine, or other publication; in the form of a notice, circular, pamphlet, letter, or poster; over any radio station or television station; or in any other way, any advertisement, announcement, or statement which uses the existence of the association for the purposes of sales, solicitation, or inducement to purchase any form of insurance or other coverage covered by this chapter. This Code section shall not apply to the association or any other entity which does not sell or solicit insurance or coverage provided by a health maintenance organization or a health care corporation. (b) Any person who violates subsection (a) of this Code section may, after notice and hearing and upon order of the Commissioner, be subject to one or more of the following:
(1) A monetary penalty of not more than $1,000.00 for each act or violation, but not to exceed an aggregate penalty of $10,000.00; or (2) Suspension or revocation of his or her license or certificate of authority."

SECTION 13. Said chapter is further amended by revising Code Section 33-38-22, relating to premium tax liability offsets and refunds offset against taxes, as follows:
"33-38-22. (a) A member insurer may offset against its premium tax liability to this state an assessment described in Code Section 33-38-15 to the extent of 20 percent of the amount of such assessment for each of the five calendar years following the year in which such assessment was paid. In the event a member insurer should cease doing business, all uncredited assessments may be credited against its premium tax liability for the year it ceases doing business.

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(b) A member insurer that is exempt from taxes referenced in subsection (a) of this Code section may recoup its assessments by a surcharge on its premiums in a sum reasonably calculated to recoup the assessments over a reasonable period of time, as approved by the Commissioner. Amounts recouped shall not be considered premiums for any other purpose, including the computation of gross premium tax, the medical loss ratio, or agent commission. If a member insurer collects excess surcharges, the insurer shall remit the excess amount to the association, and the excess amount shall be applied to reduce future assessments in the appropriate account. (c) Any sums which are acquired by refund, pursuant to subsection (f) of Code Section 33-38-15, from the association by member insurers and which have theretofore been offset against premium taxes as provided in subsection (a) of this Code section shall be paid by such member insurers to this state in such manner as the Commissioner may require. The association shall notify the Commissioner that such refunds have been made."

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

Approved June 30, 2020.

__________

BUILDINGS AND HOUSING INSURANCE BUILDING INSPECTIONS.

No. 406 (Senate Bill No. 377).

AN ACT

To amend Titles 8 and 33 of the Official Code of Georgia Annotated, relating to buildings and housing and insurance, respectively, so as to change certain requirements related to building inspections; to increase the number of buildings for which a private professional provider may provide required plan reviews and inspections when the county or municipality is unable to provide such services within a certain time period; to reduce the number of required elevator inspections per year; to remove the requirement that certain parties with whom the Department of Insurance contracts must perform the administration of certain duties of the Commissioner of Insurance and receive fees for services directly from consumers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended in Code Section 8-2-26, relating to enforcement of codes generally, employment and training of inspectors, and contracts for administration and enforcement of codes, by revising paragraph (17) of subsection (g) as follows:
"(17) Reserved."

SECTION 2. Said title is further amended in Code Section 8-2-102, relating to inspections, by revising paragraph (1) of subsection (a) as follows:
"(a)(1) Power passenger elevators, power freight elevators, escalators, manlifts, and moving walks shall be inspected once during each 12 month period; provided, however, that the inspection of such equipment where found within facilities governed by Article 2 of Chapter 9 of Title 32 shall occur once during each six-month period."

SECTION 3. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code Section 33-23-11, relating to issuance and contents of license and display certificate of licensure, by revising subsection (d) as follows:
"(d) The Commissioner shall have the authority to enter into agreements with persons for the purposes of providing licensing testing, administrative, record keeping, printing, mounting, and other services related to the administration of the Commissioner's duties under this article and to set appropriate charges by rule or regulation to cover the costs of such services which shall be in addition to the fees otherwise provided for in this title and may be paid directly to the providers of such services. The Commissioner may require applicants for licenses to pay such charges for licensing testing and for the cost of the printing and mounting of a certificate of licensure which is suitable for display directly to the provider of such services. The Commissioner may require insurers to pay such charges for licensing testing, administrative, record keeping, and other services provided for in this subsection directly to the provider of such services in an amount corresponding to the number of their authorized agents."

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 June 30, 2020.

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INSURANCE SPECIAL INSURANCE FRAUD FUND; REDUCE FREQUENCY OF ASSESSMENTS.

No. 407 (House Bill No. 893).

AN ACT

To amend Code Section 33-1-17 of the Official Code of Georgia Annotated, relating to the Special Insurance Fraud Fund, so as to reduce the frequency of assessments; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 33-1-17 of the Official Code of Georgia Annotated, relating to the Special Insurance Fraud Fund, is amended by revising paragraph (2) of subsection (c) as follows:
"(2) There is imposed upon each foreign, alien, and domestic insurance company doing business in the state an annual assessment under a formula to be established by regulation promulgated by the Commissioner. The formula shall be calculated such that the total proceeds paid or collected from such assessments for any year shall not exceed the amounts appropriated by the General Assembly pursuant to paragraph (3) of this subsection, which appropriation shall be based upon the budget request setting forth the applicable annual cost and expense of the investigation and prosecution of insurance fraud in Georgia submitted by the Commissioner. Such assessments may be measured by kind of company, kind of insurance, income, volume of transactions, or such other factors as the Commissioner determines appropriate. Assessments based on the annual appropriation shall be due on September 1 of the year of the assessment. Any insurance company which fails to report and pay any such assessment shall be subject to penalties and interest as provided by subsection (d) of Code Section 33-8-6. The Commissioner shall provide by regulation for such other terms and conditions for the payment or collection of such assessments as may be necessary to ensure the proper payment and collection thereof. Notwithstanding the foregoing, the provisions of this Code section shall not apply to an agency captive insurance company, dormant captive insurance company, industrial insured captive insurance company, sponsored captive insurance company (including a protected cell thereof), or pure captive insurance company. Foreign and alien captive insurance companies doing business in Georgia shall, however, pay a fixed amount of $100.00 per year into the Special Insurance Fraud Fund without regard to the amount of the Georgia premium written by such foreign or alien captive. No additional amount shall be assessed against the foreign or alien captive insurance company."

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

Approved June 30, 2020.

__________

INSURANCE REINSURANCE OF RISKS; INCORPORATION OF NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS REINSURANCE MODEL LAW.

No. 408 (Senate Bill No. 188).

AN ACT

To amend Code Section 33-7-14 of the Official Code of Georgia Annotated, relating to reinsurance of risks, so as to provide adequate regulation of reinsurers; to provide for the incorporation of the National Association of Insurance Commissioners reinsurance model law into the Georgia Insurance Code; to provide domestic ceding insurers credit as either an asset or a deduction in liability on account of reinsurance purchased only when the purchase meets new requirements; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 33-7-14 of the Official Code of Georgia Annotated, relating to reinsurance of risks, is amended as follows:
"33-7-14. (a) Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a deduction from liability on account of reinsurance ceded only when the reinsurer meets the requirements of paragraph (1), (2), (3), (4), (5), (6), or (7) of this subsection, and the Commissioner may adopt by regulation pursuant to subsection (d) of this Code section specific additional requirements relating to or setting forth the valuation of assets or reserve credits, the amount and forms of security supporting reinsurance arrangements described in subsection (d) of this Code section, and the circumstances in which credit will be reduced or eliminated. Credit shall be allowed under paragraph (1), (2), or (3) of this subsection only with respect to cessions of those kinds of classes of business for which the assuming insurer is licensed or otherwise permitted to write or assume in its state of domicile, or in the case of a United States branch of an alien assuming insurer, in the state

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through which it is entered and licensed to transact insurance or reinsurance. If meeting the requirements of paragraph (3) or (4) of this subsection, the requirements of paragraph (8) of this subsection shall also be met:
(1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is licensed to transact insurance or reinsurance in this state; (2) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is accredited as a reinsurer by the Commissioner in this state. In order to be eligible for accreditation, a reinsurer shall:
(A) File with the Commissioner evidence of its submission to this state's jurisdiction; (B) Submit to this state's authority to examine its books and records; (C) Be licensed to transact insurance or reinsurance in at least one state, or in the case of a United States branch of an alien assuming insurer, be entered through and licensed to transact insurance or reinsurance in at least one state; (D) File annually with the Commissioner a copy of its annual statement filed with the insurance department of its state of domicile and a copy of its most recent audited financial statement; and (E) Demonstrate to the satisfaction of the Commissioner that it has adequate financial capacity to meet its reinsurance obligations and is otherwise qualified to assume reinsurance from domestic insurers. An assuming insurer is deemed to meet this requirement as of the time of its application if it maintains a surplus as regards policyholders in an amount of not less than $20 million and its accreditation has not been denied by the Commissioner within 90 days after the submission of its application; (3) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is domiciled and licensed in, or, in the case of a United States branch of an alien assuming insurer, is entered through a state which employs standards regarding credit for reinsurance substantially similar to those applicable under this Code section and the assuming insurer or United States branch of an alien assuming insurer: (A) Maintains a surplus with regard to policyholders in an amount not less than $20 million; and (B) Submits to the authority of this state to examine its books and records. Subparagraph (A) of this paragraph shall not apply to reinsurance ceded and assumed pursuant to pooling arrangements among insurers in the same holding company system; (4)(A) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which maintains a trust fund in a qualified United States financial institution, as defined in subsection (c) of this Code section, for the payment of the valid claims of its United States ceding insurers, their assigns, and successors in interest. The assuming insurer shall report annually to the Commissioner information substantially the same as that required to be reported on the National Association of Insurance Commissioners Annual Statement form by licensed insurers to enable the Commissioner to determine the sufficiency of the trust fund. In the case of a single assuming insurer, the trust shall consist of a trusteed account representing the assuming insurer's liabilities attributable

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to business written in the United States and, in addition, the assuming insurer shall maintain a trusteed surplus of not less than $20 million; provided, however, that, at any time after the assuming insurer has permanently discontinued underwriting new business secured by trust for at least three full years, the commissioner with principal regulatory oversight of the trust may authorize a reduction of the required trusteed surplus, but only after a finding, based upon an assessment of the risk, that the new required surplus level is adequate for the protection of United States ceding insurers, policyholders, and claimants in light of reasonably foreseeable adverse loss development. The risk assessment may involve an actuarial review, including an independent analysis of reserves and cash flows, and shall consider all material risk factors, including, when applicable, the lines of business involved, the stability of the incurred loss estimates and the effect of the surplus requirements on the assuming insurer's liquidity or solvency. The minimum required trusteed surplus may not be reduced to an amount less than 30 percent of the assuming insurer's liabilities attributable to reinsurance ceded by United States ceding insurers covered by the trust. In the case of a group including incorporated and individual unincorporated underwriters, the trust shall consist of a trusteed account in an amount not less than the respective underwriters' liabilities attributable to business written in the United States and, in addition, the group shall maintain a trusteed surplus of which $100 million shall be held jointly for the benefit of United States ceding insurers of any member of the group for all years of account; the incorporated members of the group shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the same level of solvency regulation and control by the group's domiciliary regulator as are the unincorporated members; and, within 90 days after its financial statements are due to be filed with the group's domiciliary regulator, the group shall provide to the Commissioner an annual certification of the solvency of each underwriter by the group's domiciliary regulator or, if a certification is unavailable, financial statements prepared by independent public accountants of each member of the group. (B) In the case of a group of incorporated insurers under common administration which complies with the filing requirements contained in subparagraph (A) of this paragraph and which has continuously transacted an insurance business outside the United States for at least three years immediately prior to making application for accreditation, and submits to this state's authority to examine its books and records and bears the expense of the examination, and which has aggregate policyholders' surplus of $10 billion; the trust shall be in an amount equal to the group's several liabilities attributable to business ceded by the United States ceding insurers to any member of the group pursuant to reinsurance contracts issued in the name of such group; plus the group shall maintain a joint trusteed surplus of which $100 million shall be held jointly for the benefit of United States ceding insurers of any member of the group as additional security for any such liabilities, and within 90 days after its financial statements are due to be filed with the group's domiciliary regulator, each member of the group shall make available to the

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Commissioner an annual certification of the member's solvency by the member's domiciliary regulator and financial statements prepared by its independent public accountant. (C) Credit for reinsurance shall not be granted under this paragraph unless the form of the trust and any amendments to the trust have been approved by the commissioner of the state where the trust is domiciled or the commissioner of another state, who, pursuant to the terms of the trust agreement, has accepted principal regulatory oversight of the trust. The form of the trust and any trust amendments also shall be filed with the commissioner of every state in which the ceding insurer beneficiaries of the trust are domiciled. The trust instrument shall provide that contested claims shall be valid and enforceable upon the final order of any court of competent jurisdiction in the United States. The trust shall vest legal title to its assets in the trustees of the trust for its United States ceding insurers, their assigns, and successors in interest. The trust and the assuming insurer shall be subject to examination as determined by the Commissioner. The trust must remain in effect for as long as the assuming insurer shall have outstanding obligations due under the reinsurance agreements subject to the trust. (D) No later than February 28 of each year the trustees of the trust shall report to the Commissioner in writing setting forth the balance of the trust and listing the trust's investments as of the end of the preceding year and shall certify the date of termination of the trust, if so planned, or certify that the trust shall not expire prior to the next following December 31; (5) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of paragraph (1), (2), (3), or (4) of this subsection if such assuming insurer has been certified by the Commissioner as a reinsurer in this state and secures its obligations in accordance with the requirements of this subsection. (A) In order to be eligible for certification, the assuming insurer shall meet the following requirements:
(i) The assuming insurer shall be domiciled and licensed to transact insurance or reinsurance in a qualified jurisdiction, as determined by the Commissioner pursuant to subparagraph (C) of this paragraph; (ii) The assuming insurer shall maintain minimum capital and surplus, or its equivalent, in an amount to be determined by the Commissioner pursuant to regulation; (iii) The assuming insurer shall maintain financial strength ratings from two or more rating agencies deemed acceptable by the Commissioner pursuant to regulation; (iv) The assuming insurer shall agree to submit to the jurisdiction of this state, appoint the Commissioner as its agent for service of process in this state, and agree to provide security for 100 percent of the assuming insurer's liabilities attributable to reinsurance ceded by United States ceding insurers if it resists enforcement of a final United States judgment;

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(v) The assuming insurer shall agree to meet applicable information filing requirements as determined by the Commissioner, both with respect to an initial application for certification and on an ongoing basis; and (vi) The assuming insurer shall satisfy any other requirements for certification deemed relevant by the Commissioner. (B) An association including incorporated and individual unincorporated underwriters may be a certified reinsurer. In order to be eligible for certification, in addition to satisfying requirements of subparagraph (A) of this paragraph: (i) The association shall satisfy its minimum capital and surplus requirements through the capital and surplus equivalents, net of liabilities, of the association and its members, which shall include a joint central fund that may be applied to any unsatisfied obligation of the association of any of its members, in an amount determined by the Commissioner to provide adequate protection; (ii) The incorporated members of the association shall not be engaged in any business other than underwriting as a member of the association and shall be subject to the same level of regulation and solvency control by the association's domiciliary regulator as are the unincorporated members; and (iii) Within 90 days after its financial statements are due to be filed with the association's domiciliary regulator, the association shall provide to the Commissioner an annual certification by the association's domiciliary regulator of the solvency of each underwriter member; or if a certification is unavailable, financial statements, prepared by independent public accountants, of each underwriter member of the association. (C) The Commissioner shall create and publish a list of qualified jurisdictions under which an assuming insurer licensed and domiciled in such jurisdiction is eligible to be considered for certification by the Commissioner as a certified reinsurer. (i) In order to determine whether the domiciliary jurisdiction of a non-United States assuming insurer is eligible to be recognized as a qualified jurisdiction, the Commissioner shall evaluate the appropriateness and effectiveness of the reinsurance supervisory system of the jurisdiction, both initially and on an ongoing basis, and consider the rights, benefits, and the extent of reciprocal recognition afforded by the non-United States jurisdiction to reinsurers licensed and domiciled in the United States. A qualified jurisdiction shall agree to share information and cooperate with the Commissioner with respect to all certified reinsurers domiciled within that jurisdiction. A jurisdiction may not be recognized as a qualified jurisdiction if the Commissioner has determined that the jurisdiction does not adequately and promptly enforce final United States judgments and arbitration awards. Additional factors may be considered in the discretion of the Commissioner. (ii) A list of qualified jurisdictions shall be published through the National Association of Insurance Commissioners (NAIC) Committee Process. The Commissioner shall consider this list in determining qualified jurisdictions. If the

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Commissioner approves a jurisdiction as qualified that does not appear on the list of qualified jurisdictions, the Commissioner shall provide thoroughly documented justification in accordance with criteria to be developed under regulations. (iii) United States jurisdictions that meet the requirement for accreditation under the NAIC financial standards and accreditation program shall be recognized as qualified jurisdictions. (iv) If a certified reinsurer's domiciliary jurisdiction ceases to be a qualified jurisdiction, the Commissioner has the discretion to suspend the reinsurer's certification indefinitely, in lieu of revocation. (D) The Commissioner shall assign a rating to each certified reinsurer, giving due consideration to the financial strength ratings that have been assigned by rating agencies deemed acceptable to the Commissioner pursuant to regulation. The Commissioner shall publish a list of all certified reinsurers and their ratings. (E) A certified reinsurer shall secure obligations assumed from United States ceding insurers under this subparagraph at a level consistent with its rating, as specified in regulations promulgated by the Commissioner. (i) In order for a domestic ceding insurer to qualify for full financial statement credit for reinsurance ceded to a certified reinsurer, the certified reinsurer shall maintain security in a form acceptable to the Commissioner and consistent with the provisions of subsection (b) of this Code section, or in a multibeneficiary trust in accordance with paragraph (4) of this subsection, except as otherwise provided in this paragraph. (ii) If a certified reinsurer maintains a trust to fully secure its obligations subject to paragraph (4) of this subsection, and chooses to secure its obligations incurred as a certified reinsurer in the form of a multibeneficiary trust, the certified reinsurer shall maintain separate trust accounts for its obligations incurred under reinsurance agreements issued or renewed as a certified reinsurer with reduced security as permitted by this subsection or comparable laws of other United States jurisdictions and for its obligations subject to paragraph (4) of this subsection. It shall be a condition to the grant of certification under this paragraph that the certified reinsurer shall have bound itself, by the language of the trust and agreement with the commissioner with principal regulatory oversight of each such trust account, to fund, upon termination of any such trust account, out of the remaining surplus of such trust any deficiency of any other such trust account. (iii) The minimum trusteed surplus requirements provided in paragraph (4) of this subsection are not applicable with respect to a multibeneficiary trust maintained by a certified reinsurer for the purpose of securing obligations incurred under this subsection, except that such trust shall maintain a minimum trusteed surplus of $10 million. (iv) With respect to obligations incurred by a certified reinsurer under this subparagraph, if the security is insufficient, the Commissioner shall reduce the allowable credit by an amount proportionate to the deficiency, and shall have the

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discretion to impose further reductions in allowable credit upon finding that there is a material risk that the certified reinsurer's obligations will not be paid in full when due. (v) For purposes of this subparagraph, a certified reinsurer whose certification has been terminated for any reason shall be treated as a certified reinsurer required to secure 100 percent of its obligations:
(I) As used in this subparagraph, the term 'terminated' refers to revocation, suspension, voluntary surrender, and inactive status. (II) If the Commissioner continues to assign a higher rating as permitted by other provisions of this paragraph, this requirement shall not apply to a certified reinsurer in inactive status or to a reinsurer whose certification has been suspended. (F) If an applicant for certification has been certified as a reinsurer in an NAIC accredited jurisdiction, the Commissioner shall have the discretion to defer to that jurisdiction's certification, and shall have the discretion to defer to the rating assigned by that jurisdiction, and such assuming insurer shall be considered to be a certified reinsurer in this state. (G) A certified reinsurer that ceases to assume new business in this state may request to maintain its certification in inactive status in order to continue to qualify for a reduction in security for its in-force business. An inactive certified reinsurer shall continue to comply with all applicable requirements of this paragraph, and the Commissioner shall assign a rating that takes into account, if relevant, the reasons why the reinsurer is not assuming new business; (6)(A) Credit shall be allowed when the reinsurance is ceded to an assuming insurer meeting each of the conditions set forth below: (i) The assuming insurer must have its head office or be domiciled in, as applicable, and be licensed in a reciprocal jurisdiction. For purposes of this paragraph, the term 'reciprocal jurisdiction' means a jurisdiction that is one of the following: (I) A non-United States jurisdiction that is subject to an in-force covered agreement with the United States, each within its legal authority, or, in the case of a covered agreement between the United States and European Union, is a member state of the European Union. For purposes of this paragraph, the term 'covered agreement' means an agreement entered into pursuant to the federal Dodd-Frank Wall Street Reform and Consumer Protection Act, 31 U.S.C. 313 and 314, that is currently in effect or in a period of provisional application and that addresses the elimination, under specified conditions, of collateral requirements as a condition for entering into any reinsurance agreement with a ceding insurer domiciled in this state or for allowing the ceding insurer to recognize credit for reinsurance; (II) A United States jurisdiction that meets the requirements for accreditation under the NAIC financial standards and accreditation program; or (III) A qualified jurisdiction, as determined by the Commissioner pursuant to subparagraph (C) of paragraph (5) of this subsection, which is not otherwise

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described in subdivision (I) or (II) of this division and which meets certain additional requirements, consistent with the terms and conditions of in-force covered agreements, as specified by the Commissioner in regulation; (ii) The assuming insurer must have and maintain, on an ongoing basis, minimum capital and surplus, or its equivalent, calculated according to the methodology of its domiciliary jurisdiction, in an amount to be set forth in regulation. If the assuming insurer is an association, including incorporated and individual unincorporated underwriters, it must have and maintain, on an ongoing basis, minimum capital and surplus equivalents, net of liabilities, calculated according to the methodology applicable in its domiciliary jurisdiction and a central fund containing a balance in amounts to be set forth in regulation; (iii) The assuming insurer must have and maintain, on an ongoing basis, a minimum solvency or capital ratio, as applicable, which shall be set forth in regulation. If the assuming insurer is an association, including incorporated and individual unincorporated underwriters, it must have and maintain, on an ongoing basis, a minimum solvency or capital ratio in the reciprocal jurisdiction where the assuming insurer has its head office or is domiciled, as applicable, and is also licensed; (iv) The assuming insurer must agree and provide adequate assurance to the Commissioner, in a form specified by the Commissioner pursuant to regulation, as follows: (I) The assuming insurer must provide prompt written notice and explanation to the Commissioner if it falls below the minimum requirements set forth in division (ii) or (iii) of this subparagraph, or if any regulatory action is taken against it for serious noncompliance with applicable law; (II) The assuming insurer must consent in writing to the jurisdiction of the courts of this state and to the appointment of the Commissioner as agent for service of process. The Commissioner may require that consent for service of process be provided to the Commissioner and included in each reinsurance agreement. Nothing in this subdivision shall limit, or in any way alter, the capacity of parties to a reinsurance agreement to agree to alternative dispute resolution mechanisms, except to the extent such agreements are unenforceable under applicable insolvency or delinquency laws; (III) The assuming insurer must consent in writing to pay all final judgments, wherever enforcement is sought, obtained by a ceding insurer or its legal successor, that have been declared enforceable in the jurisdiction where the judgment was obtained; (IV) Each reinsurance agreement must include a provision requiring the assuming insurer to provide security in an amount equal to 100 percent of the assuming insurer's liabilities attributable to reinsurance ceded pursuant to such agreement if the assuming insurer resists enforcement of a final judgment that is enforceable under the law of the jurisdiction in which it was obtained or a properly enforceable

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arbitration award, whether obtained by the ceding insurer or by its legal successor on behalf of its resolution estate; and (V) The assuming insurer must confirm that it is not presently participating in any solvent scheme of arrangement which involves this state's ceding insurers and agree to notify the ceding insurer and the Commissioner and to provide security in an amount equal to 100 percent of the assuming insurer's liabilities to the ceding insurer, should the assuming insurer enter into such a solvent scheme of arrangement. Such security shall be in a form consistent with the provisions of paragraph (5) of this subsection and subsection (b) of this Code section and as specified by the Commissioner in regulation; (v) The assuming insurer or its legal successor must provide, if requested by the Commissioner, on behalf of itself and any legal predecessors, certain documentation to the Commissioner, as specified by the Commissioner in regulation; (vi) The assuming insurer must maintain a practice of prompt payment of claims under reinsurance agreements, pursuant to criteria set forth in regulation; and (vii) The assuming insurer's supervisory authority must confirm to the Commissioner on an annual basis, as of the preceding December 31 or at the annual date otherwise statutorily reported to the reciprocal jurisdiction, that the assuming insurer complies with the requirements set forth in divisions (ii) and (iii) of this subparagraph. Nothing in this paragraph precludes an assuming insurer from providing the Commissioner with information on a voluntary basis. (B)(i) The Commissioner shall timely create and publish a list of reciprocal jurisdictions. (ii) A list of reciprocal jurisdictions is published through the NAIC Committee Process. The Commissioner's list shall include any reciprocal jurisdiction as defined in subdivision (A)(i)(I) or (A)(i)(II) of this paragraph and shall consider any other reciprocal jurisdiction included on the NAIC list. The Commissioner may approve a jurisdiction that does not appear on the NAIC list of reciprocal jurisdictions in accordance with criteria to be developed under regulations issued by the Commissioner. (iii) The Commissioner may remove a jurisdiction from the list of reciprocal jurisdictions upon a determination that the jurisdiction no longer meets the requirements of a reciprocal jurisdiction, in accordance with a process set forth in regulation issued by the Commissioner, except that the Commissioner shall not remove from the list a reciprocal jurisdiction as defined in subdivision (A)(i)(I) or (A)(i)(II) of this paragraph. Upon removal of a reciprocal jurisdiction from the list, credit for reinsurance ceded to an assuming insurer which has its home office or is domiciled in such jurisdiction shall be allowed, if otherwise allowed pursuant to this Code section. (C) The Commissioner shall timely create and publish a list of assuming insurers that have satisfied the conditions set forth in this paragraph and to which cessions shall be

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granted credit in accordance with this paragraph. The Commissioner may add an assuming insurer to such list if an NAIC accredited jurisdiction has added such assuming insurer to a list of such assuming insurers or if, upon initial eligibility, the assuming insurer submits information to the Commissioner as required under division (iv) of subparagraph (A) of this paragraph and complies with any additional requirements that the Commissioner may impose by regulation, except to the extent that they conflict with an applicable covered agreement.
(D)(i) If the Commissioner determines that an assuming insurer no longer meets one or more of the requirements under this paragraph, the Commissioner may revoke or suspend the eligibility of the assuming insurer for recognition under this paragraph in accordance with procedures set forth in regulation. (ii) While an assuming insurer's eligibility is suspended, no reinsurance agreement issued, amended, or renewed after the effective date of the suspension qualifies for credit except to the extent that the assuming insurer's obligations under the contract are secured in accordance with subsection (b) of this Code section. (iii) If an assuming insurer's eligibility is revoked, no credit for reinsurance may be granted after the effective date of the revocation with respect to any reinsurance agreements entered into by the assuming insurer, including reinsurance agreements entered into prior to the date of revocation, except to the extent that the assuming insurer's obligations under the contract are secured in a form acceptable to the Commissioner and consistent with the provisions of subsection (b) of this Code section. (E) If subject to a legal process of rehabilitation, liquidation, or conservation, as applicable, the ceding insurer, or its representative, may seek and, if determined appropriate by the court in which the proceedings are pending, may obtain an order requiring that the assuming insurer post security for all outstanding ceded liabilities. (F) Nothing in this paragraph shall limit or in any way alter the capacity of parties to a reinsurance agreement to agree on requirements for security or other terms in such reinsurance agreement, except as expressly prohibited by this Code section or other applicable law or regulation. (G) Credit may be taken under this paragraph only for reinsurance agreements entered into, amended, or renewed on or after the effective date of this Act, and only with respect to losses incurred and reserves reported on or after the later of the date on which the assuming insurer has met all eligibility requirements pursuant to subparagraph (A) of this paragraph or the effective date of the new reinsurance agreement, amendment, or renewal; provided, however, that: (i) This subparagraph shall not alter or impair a ceding insurer's right to take credit for reinsurance, to the extent that credit is not available under this paragraph, so long as the reinsurance qualifies for credit under any other applicable provision of this Code section;

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(ii) Nothing in this paragraph shall authorize an assuming insurer to withdraw or reduce the security provided under any reinsurance agreement except as permitted by the terms of the agreement; and (iii) Nothing in this paragraph shall limit, or in any way alter, the capacity of parties to any reinsurance agreement to renegotiate the agreement. (H) This paragraph does not alter or impair a ceding insurer's right to take credit for reinsurance, to the extent that credit is not available under this paragraph, as long as the reinsurance qualifies for credit under any other applicable provision of this Code section. (I) Nothing in this paragraph shall authorize an assuming insurer to withdraw or reduce the security provided under any reinsurance agreement except as permitted by the terms of the agreement. (J) Nothing in this paragraph shall limit, or in any way alter, the capacity of parties to any reinsurance agreement to renegotiate the agreement. (7) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of paragraph (1), (2), (3), (4), (5), or (6) of this subsection, but only as to the insurance of risks located in jurisdictions where the reinsurance is required by applicable law or regulation of that jurisdiction; (8) If the assuming insurer is not licensed, accredited, or certified to transact insurance or reinsurance in this state, the credit permitted by paragraphs (3) and (4) of this subsection shall not be allowed unless the assuming insurer agrees in the reinsurance agreements: (A) That, in the event of the failure of the assuming insurer to perform its obligations under the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding insurer, shall submit to the jurisdiction of any court of competent jurisdiction in any state of the United States, shall comply with all requirements necessary to give the court jurisdiction, and shall abide by the final decision of the court or of any appellate court in the event of an appeal; and (B) To designate the Commissioner or a designated attorney as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the ceding insurer. This paragraph is not intended to conflict with or override the obligation of the parties to a reinsurance agreement to arbitrate their disputes, if this obligation is created in the agreement; (9) If the assuming insurer does not meet the requirements of paragraph (1), (2), (3), or (6) of this subsection, the credit permitted by paragraph (4) or(5) of this subsection shall not be allowed unless the assuming insurer agrees in the trust agreements to the following conditions: (A) Notwithstanding any other provisions in the trust instrument, if the trust fund is inadequate because it contains an amount less than the amount required by subparagraphs (A) and (B) of paragraph (4) of this subsection, as applicable, or if the

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grantor of the trust has been declared insolvent or placed into receivership, rehabilitation, liquidation, or similar proceedings under the laws of its state or country of domicile, the trustee shall comply with an order of the commissioner with regulatory oversight over the trust or with an order of a court of competent jurisdiction directing the trustee to transfer to the commissioner with regulatory oversight all of the assets of the trust fund; (B) The assets shall be distributed by and claims shall be filed with and valued by the commissioner with regulatory oversight in accordance with the laws of the state in which the trust is domiciled that are applicable to the liquidation of domestic insurance companies; (C) If the commissioner with regulatory oversight determines that the assets of the trust fund or any part thereof are not necessary to satisfy the claims of the United States ceding insurers of the grantor of the trust, the assets or part thereof shall be returned by the commissioner with regulatory oversight to the trustee for distribution in accordance with the trust agreement; and (D) The grantor shall waive any right otherwise available to it under United States law that is inconsistent with this paragraph. (10) If an accredited or certified reinsurer ceases to meet the requirements for accreditation or certification, the Commissioner may suspend or revoke the reinsurer's accreditation or certification. (A) The Commissioner shall give the reinsurer notice and opportunity for hearing. The suspension or revocation shall not take effect until after the Commissioner's order on hearing, unless:
(i) The reinsurer waives its right to hearing; (ii) The Commissioner's order is based on regulatory action by the reinsurer's domiciliary jurisdiction or the voluntary surrender or termination of the reinsurer's eligibility to transact insurance or reinsurance business in its domiciliary jurisdiction or in the primary certifying state of the reinsurer under subparagraph (F) of paragraph (5) of this subsection; or (iii) The Commissioner finds that an emergency requires immediate action and a court of competent jurisdiction has not stayed the Commissioner's action. (B) While a reinsurer's accreditation or certification is suspended, no reinsurance contract issued or renewed after the effective date of the suspension qualifies for credit except to the extent that the reinsurer's obligations under the contract are secured in accordance with subsection (b) of this Code section. If a reinsurer's accreditation or certification is revoked, no credit for reinsurance may be granted after the effective date of the revocation except to the extent that the reinsurer's obligations under the contract are secured in accordance with subparagraph (E) of paragraph (5) of this subsection or subsection (b) of this Code section.

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(11) Concentration Risk: (A) A ceding insurer shall take steps to manage its reinsurance recoverable proportionate to its own book of business. A domestic ceding insurer shall notify the Commissioner within 30 days after reinsurance recoverables from any single assuming insurers, or group of affiliated assuming insurers, exceeds 50 percent of the domestic ceding insurer's last reported surplus to policyholders, or after it is determined that reinsurance recoverables from any single assuming insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The notification shall demonstrate that the exposure is safely managed by the domestic ceding insurer. (B) A ceding insurer shall take steps to diversify its reinsurance program. A domestic ceding insurer shall notify the Commissioner within 30 days after ceding to any single assuming insurer, or group of affiliated assuming insurers, more than 20 percent of the ceding insurer's gross written premium in the prior calendar year, or after it has determined that the reinsurance ceded to any single assuming insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The notification shall demonstrate that the exposure is safely managed by the domestic ceding insurer.
(b) An asset or a reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of subsection (a) of this Code section shall be allowed in an amount not exceeding the liabilities carried by the ceding insurer, and the Commissioner may adopt by regulation pursuant to subsection (d) of this Code section specific additional requirements relating to or setting forth the valuation of assets or reserve credits, the amount and forms of security supporting reinsurance arrangements described in subsection (d) of this Code section, and the circumstances in which credit will be reduced or eliminated. Such reduction shall be in the amount of funds held by or on behalf of the ceding insurer, including funds held in trust for the ceding insurer, under a reinsurance contract with such assuming insurer as security for the payment of obligations thereunder, if such security is held in the United States subject to withdrawal solely by, and under the exclusive control of, the ceding insurer; or, in the case of a trust, held in a qualified United States financial institution, as defined in paragraph (2) of subsection (c) of this Code section. This security may be in the form of:
(1) Cash; (2) Securities listed by the Securities Valuation Office of the National Association of Insurance Commissioners, including those deemed exempt from filing as defined by the Purposes and Procedures Manual of the Securities Validation Office, and qualifying as admitted assets; (3) Clean, irrevocable, unconditional letters of credit, issued or confirmed by a qualified United States financial institution, as defined in paragraph (1) of subsection (c) of this Code section, no later than December 31 of the year for which filing is being made, and in the possession of, or in the trust for, the ceding insurer on or before the filing date of its annual statement. Letters of credit meeting applicable standards of issuer acceptability as of the dates of their issuance or confirmation shall, notwithstanding the issuing or

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confirming institution's subsequent failure to meet applicable standards of issuer acceptability, continue to be acceptable as security until their expiration, extension, renewal, modification, or amendment, whichever first occurs; or (4) Any other form of security acceptable to the Commissioner. (c)(1) For purposes of paragraph (3) of subsection (b) of this Code section, the term 'qualified United States financial institution' means an institution that:
(A) Is organized or, in the case of a United States office of a foreign banking organization, licensed under the laws of the United States or any state thereof; (B) Is regulated, supervised, and examined by the United States federal or state authorities having regulatory authority over banks and trust companies; and (C) Has been determined by either the Commissioner or the Securities Valuation Office of the National Association of Insurance Commissioners to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the Commissioner. (2) The term 'qualified United States financial institution' means, for the purposes of those provisions of this Code section specifying those institutions that are eligible to act as a fiduciary of a trust, an institution that: (A) Is organized or, in the case of a United States branch or agency office of a foreign banking organization, licensed under the laws of the United States or any state thereof and has been granted authority to operate with fiduciary powers; and (B) Is regulated, supervised, and examined by federal or state authorities having regulatory authority over banks and trust companies. (d)(1) The Commissioner may adopt rules and regulations implementing the provisions of this Code section. (2)(A) The Commissioner is further authorized to adopt rules and regulations applicable to reinsurance arrangements described in subparagraph (B) of this paragraph. (B) Any regulation adopted pursuant to this paragraph may apply only to reinsurance relating to:
(i) Life insurance policies with guaranteed nonlevel gross premiums or guaranteed nonlevel benefits; (ii) Universal life insurance policies with provisions resulting in the ability of a policyholder to keep a policy in force over a secondary guarantee period; (iii) Variable annuities with guaranteed death or living benefits; (iv) Long-term care insurance policies; or (v) Such other life and health insurance and annuity products for which the NAIC adopts model regulatory requirements with respect to credit for reinsurance. (C) A regulation adopted pursuant to division (i) or (ii) of subparagraph (B) of this paragraph may apply to any treaty containing policies issued on or after January 1, 2015, or policies issued prior to January 1, 2015, if risk pertaining to policies

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issued prior to January 1, 2015, is ceded in connection with the treaty, in whole or in part, on or after January 1, 2015. (3) A regulation adopted pursuant to this subsection may require the ceding insurer, in calculating the amounts or forms of security required to be held under regulations promulgated under this subsection, to use the valuation manual adopted by the NAIC under Section 11B(1) of the NAIC Standard Valuation Law, including all amendments adopted by the NAIC and in effect on the date on which the calculation is made, to the extent applicable. (4) A regulation adopted pursuant to this subsection shall not apply to cessions to an assuming insurer that: (A) Meets the conditions set forth in paragraph (6) of subsection (a) of this Code section; (B) Is certified in this state or, if this state has not adopted provisions substantially equivalent to Section 2E of the National Association of Insurance Commissioners Credit for Reinsurance Model Law (#785), certified in a minimum of five other states; or (C) Maintains at least $250 million in capital and surplus when determined in accordance with the NAIC Accounting Practices and Procedures Manual, including all amendments thereto adopted by the NAIC, excluding the impact of any permitted or prescribed practices, and is:
(i) Licensed in at least 26 states; or (ii) Licensed in at least ten states and licensed or accredited in at least 35 states. (5) The authority to adopt regulations pursuant to this subsection shall not limit the Commissioner's general authority to adopt regulations pursuant to paragraph (1) of this subsection."

SECTION 2. This Act shall apply to all cessions after the effective date of this Act under reinsurance agreements that have an inception, anniversary, or renewal date not less than one year after the effective date of this Act.

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

Approved June 30, 2020.

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BANKING AND FINANCE TRANSFER OF AUTHORITY OVER INDUSTRIAL LOANS FOR INDUSTRIAL LOAN COMMISSIONER TO DEPARTMENT OF BANKING AND FINANCE.

No. 409 (Senate Bill No. 462).

AN ACT

To amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to transfer duties, powers, responsibilities, and other authority relative to industrial loans from the Industrial Loan Commissioner to the Department of Banking and Finance; to change the name of such loans to installment loans; to revise a short title; to provide for definitions; to provide for procedures, conditions, and limitations relative to issuing installment loans; to provide for exemptions; to provide for powers and duties relative to the department; to provide for procedures and conditions for and limitations on licensing of installment lenders; to provide penalties for violations; to amend the Official Code of Georgia Annotated so as to conform cross-references; to provide for a purpose; to provide for related matters; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The General Assembly finds and declares that installment lending vitally affects the general economy of Georgia and the public interest and welfare of its citizens; therefore, it is the policy of Georgia and the purpose of this chapter to protect the interest of borrowers and provide for sound, efficient, and responsive regulation of installment lenders.

SECTION 2. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by revising Chapter 3, relating to industrial loans, as follows:

"CHAPTER 3 ARTICLE 1

7-3-1. This chapter shall be known and may be cited as the 'Georgia Installment Loan Act.'

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7-3-2. (a) The powers, functions, and duties of the office of the Commissioner of Insurance relative to this chapter are transferred to the Department of Banking and Finance effective July 1, 2020. All action taken by the office of the Commissioner of Insurance prior to that date shall be considered valid, and the department shall, as of July 1, 2020, assume all ongoing and continuing obligations pursuant to this chapter. All personnel, supplies, records, materials, furniture, furnishings, books, equipment, motor vehicles, and services of the office of the Commissioner of Insurance utilized pursuant to the authority granted under this chapter shall be transferred to the department on July 1, 2020. Any action or investigation pending pursuant to this chapter shall remain in full force and effect and any powers relating to such action or investigation shall be transferred to the department on July 1, 2020. (b) All rules, orders, and actions adopted by the Commissioner of Insurance pursuant to this chapter shall remain in full force and effect as rules, orders, and actions of the department unless amended, repealed, or superseded by rule, order, or action of the department. (c) All property, real and personal, funds, accounts receivable, contracts, liabilities, and obligations of the office of the Commissioner of Insurance for effectuating this chapter shall become the property, funds, accounts receivable, contracts, liabilities, and obligations of the department on July 1, 2020. Appropriations to the Commissioner of Insurance for functions transferred to the department pursuant to this Code section shall be transferred as provided in Code Section 45-12-90.

7-3-3. As used in this chapter, the term:
(1) 'Control' or 'controlling' means the direct or indirect possession of power to direct or cause the direction of management and policies of a person. (2) 'Covered employee' means any employee of a licensee engaged in any function related to making installment loans. (3) 'Department' means the Department of Banking and Finance. (4) 'Executive officer' means an individual who performs significant managerial, supervisory, or policy-making functions on behalf of a person, including, but not limited to, the vice presidents, chief executive officer, president, chief financial officer, chief operating officer, secretary, and treasurer. (5) 'Individual' means a natural person. (6) 'Installment lender' or 'lender' means any person that advertises, solicits, offers, or makes installment loans. (7) 'Installment loan' or 'loan' means a contract or agreement to make a loan to an individual in an amount of $3,000.00 or less, including the renewal or refinancing of any such loan.

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(8) 'License' means an authorization issued by the department or required to be obtained under this chapter to engage in the business of making installment loans. (9) 'Licensee' means a person to whom a license under this chapter has been issued. (10) 'Nationwide Multistate Licensing System and Registry' means a licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of certain persons engaged in nondepository activities. (11) 'Owner' means a person that:
(A) Owns, directly or indirectly, 10 percent or more interest in a corporation or any other form of business organization; (B) Owns, directly or indirectly, 10 percent or more of the voting shares of any corporation or any other form of business organization; or (C) Exerts control, directly or indirectly, over a corporation or any other form of business organization, regardless of whether such person owns or controls such interest through one or more individuals or one or more proxies, powers of attorney, nominees, corporations, associations, limited liability companies, partnerships, trusts, joint stock companies, other entities or devices, or any combination thereof. (12) 'Person' means any individual, sole proprietorship, corporation, limited liability company, partnership, trust, or any other group of individuals, however organized. (13) 'Unique identifier' means a number or other identifier assigned by protocols established by the Nationwide Multistate Licensing System and Registry.

7-3-4. (a) No person shall engage in the business of making installment loans in this state unless such person is licensed in accordance with this chapter or exempt from licensure as provided in subsection (b) of this Code section. No person within the operation of this chapter shall charge, contract for, or receive directly or indirectly on or in connection with any loan, any interest, charge, fee, compensation, or consideration which is greater than the rates for same provided in this chapter. (b) This chapter shall not apply to:
(1) Businesses chartered or licensed under the authority of any law of this state or of the United States as banks, trust companies, savings and loan associations, savings banks, or credit unions or to the transactions of such businesses; (2) Banks or credit unions chartered under the authority of any state which have deposits that are federally insured or to the transactions of such businesses; (3) Pawnbrokers, as defined in Code Section 44-12-130, or to the transactions of pawnbrokers; (4) The University System of Georgia or its educational units, private colleges and universities in this state and associations thereof, or student loan transactions of such educational entities; or

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(5) An individual employed by a licensee or any person exempted from the licensing requirements of this chapter when acting within the scope of employment and under the supervision of the licensee or exempted person as an employee and not as an independent contractor.

ARTICLE 2

7-3-10. No person shall advertise, display, distribute, or broadcast in any manner whatsoever any false, misleading, or deceptive statement or representation with regard to the rates, terms, or conditions for loans subject to this chapter.

7-3-11. Every licensee under this chapter may lend any sum of money not exceeding $3,000.00 for a period of 36 months and 15 days or less and may charge, contract for, collect, and receive interest and fees and may require the fulfillment of conditions on such loans as provided in this Code section:
(1) Interest. A licensee may charge, contract for, receive, and collect interest at a rate not to exceed 10 percent per annum of the face amount of the contract, whether repayable in one single payment or repayable in monthly or other periodic installments. On loan contracts repayable in 18 months or less, the interest may be discounted in advance; and, on contracts repayable over a greater period, the interest shall be added to the principal amount of the loan. On all contracts, interest or discount shall be computed proportionately on equal calendar months; (2) Loan fee. In addition thereto, a licensee may charge, contract for, receive, or collect at the time the loan is made a fee in an amount not greater than 8 percent of the first $600.00 of the face amount of the contract plus 4 percent of the excess; provided, however, that such fee shall not be charged or collected on that part of a loan which is used to pay or apply on a prior loan or installment of a prior loan from the same licensee to the same borrower made within the immediately preceding six-month period; provided, however, if the loan balance is $300.00 or less, the said period shall be two months, not six months; provided, further, that nothing contained in this paragraph and paragraph (1) of this Code section shall be construed to permit charges, interest, or fees of any nature whatsoever in the aggregate in excess of the charges, interest, and fees which would constitute a violation of Code Section 7-4-18 and this chapter shall in no way affect Code Section 7-4-18. If a borrower prepays his or her entire loan to a licensee and within the following 15 days obtains a new loan from that licensee and if this is done within the six-month period or the two-month period above described, as may be applicable, the fee may be charged only on the excess by which the face amount of the new contract exceeds the amount which the borrower repaid to that licensee within the said 15 day period;

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(3) Insurance premiums. A licensee may charge and collect from the borrower premiums actually paid or to be paid for insurance obtained for the borrower. A licensee may accept as security on any loan or advance made under this chapter any one or any combination of the following:
(A) Insurance on tangible property against substantial risks or loss; (B) Reasonable insurance on the life and health of the principal party; or (C) Reasonable insurance against accident of the principal party; provided, however, that any such insurance shall be reasonably related to the type and value of the property insured and to the amount and term of the loan and shall be obtained from an insurance company authorized to conduct such business in the State of Georgia and at rates lawfully filed by such company with the Commissioner of Insurance and through a regular insurance agent licensed by the Commissioner of Insurance; provided, further, that the amount of life, health, or accident insurance required as security for loans made under this chapter shall not exceed the amount of the loan, including charges, to be secured; and the premiums on such insurance required of the principal party obligated shall be limited to premiums reasonably based upon reliable actuarial experience and sound insurance practice; and the Commissioner of Insurance is authorized and directed to promulgate rules and regulations to effectuate this provision related to insurance obtained by the borrower in accordance with the spirit and intent thereof. It shall be the duty of the Commissioner of Insurance to determine and promulgate by rule and regulation the rates and maximum premiums permissible to be charged for life, health, and accident insurance required as security for a loan made under this chapter and to make regulations incident thereto necessary to effectuate the same; such premiums, when thus established and as changed from time to time in the manner aforesaid, shall be the maximum effective and permissible charges under this paragraph. Premiums paid or to be paid pursuant to the authority of this paragraph shall not constitute interest. The insurance company in turn may pay to the party writing the insurance policy sold in connection with the loan a fee or commission in an amount which is reasonable in relationship to the transaction and in no event in excess of the amount of fee or commission customarily paid within the industry where comparable insurance is sold in a transaction not involving credit, as determined by the Commissioner of Insurance; (4) Late charge. A licensee may charge and collect from the borrower a late or delinquent charge of $10.00 or an amount equal to 5 for each $1.00 of any installment which is not paid within five days from the date such payment is due, whichever is greater, provided that this late or delinquent charge shall not be collected more than once for the same default; and (5) Maintenance charge. In addition thereto, a licensee may contract for, charge, receive, and collect a maintenance charge of $3.00 for each month in the term of the loan contract on each loan made, whether repayable in one single payment or repayable in weekly, monthly, or other periodic installments. Refunds of unearned maintenance charges shall be made in accordance with the method prescribed in Code Section 7-3-14,

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and such maintenance charges will be subject to paragraph (4) of this Code section. Nothing contained in Code Section 7-4-18, as now or hereafter amended, shall be construed to apply to this paragraph; and loans made in conformity with this paragraph shall in no way constitute a violation of Code Section 7-4-18, as now or hereafter amended.

7-3-12. No licensee shall charge, contract for, or receive any other or further amount in connection with any loans authorized by this chapter in addition to those provided in Code Section 7-3-11, except the actual lawful fees paid to a public official or agency of the state for filing, recording, or, on loans over $100.00, the amount of the lawful premiums, no greater than such fees, actually paid for insurance against the risk of nonrecording or releasing any instrument securing the loan; the court costs and attorney fees authorized by law incurred in the collection of any contract in default; and the actual and reasonable expenses of repossessing, storing, and selling any collateral pledged as security for any contract in default. No licensee shall divide into separate parts any contract for the purpose or with the effect of obtaining charges in excess of those authorized by this chapter.

7-3-13. If a licensee purchases or receives by transfer or assignment any note, bill of sale to secure debt, title retention contract, conditional sales contract, or any other similar contract that would otherwise be governed by this chapter, the licensee shall comply with the provisions of this chapter when making a loan for the purpose of paying off all or any part of such instrument.

7-3-14. Notwithstanding the provisions of any contract to the contrary, a borrower may at any time prepay all or any part of the unpaid balance to become payable under any installment loan. If the borrower prepays the loan in full before maturity, the licensee shall refund to the borrower a portion of the prepaid interest, calculated in complete even months (odd days omitted), as follows: the amount of the refund shall represent at least as great a proportion of the total interest as the sum of the periodical time balance after the date of prepayment bears to the sum of all periodical time balances under the schedule of payments in the original contract. Where the amount of the refund due to anticipation of payment is less than $1.00, no refund need be made. If the borrower has been required to purchase insurance coverage other than insurance coverage in a blanket policy when the borrower has paid no acquisition cost, the borrower shall have the option to continue such insurance in force for the balance of the policy period, with all rights transferred to the borrower or his or her assigns, in which event no refund of insurance premiums shall be made.

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7-3-15. In addition to any applicable disclosure requirements, at the time the installment loan is made, each licensee under this chapter shall deliver to the borrower or, if there are multiple borrowers, to one of the borrowers a copy of the loan contract or a written itemized statement in the English language showing in clear terms the date and amount of the loan, a schedule of the payments or a description thereof, the type of security for the loan, the licensee's name, unique identifier, business address, the actual amount of cash advanced to or on behalf of the borrower, the amount of each class of insurance carried and the premiums paid thereon, and the amount of interest and fees. Each licensee shall give a receipt for every cash payment made.

7-3-16. (a) In addition to all other taxes, fees, license fees, fines, or other charges now or hereafter levied or assessed, there is levied a tax of 3 percent on the total amount of interest on any loan collected by any licensee from any borrower to whom such licensee has made an installment loan. (b) Said tax is levied and assessed against the person so licensed and shall be paid by such person and shall not be added in any manner as an additional fee or charge against the borrower. Any person licensed under this chapter who adds such tax in any manner as an additional fee or charge against the borrower shall be liable for the recovery of triple the amount of such charge by action against the lender in any court of competent jurisdiction. (c) As used in this Code section, the term 'interest collected' means the gross amount of interest charged and collected on loan contracts, less any amount of unearned interest refunded to borrowers and such interest on such portion of uncollectible accounts that are charged off as bad debts by the licensee; except that, for those licensees whose records are kept on an accrual basis, the 3 percent tax levied in subsection (a) of this Code section shall be remitted on such portion of the interest as accrues during the taxable period.

7-3-17. The tax provided for in Code Section 7-3-16 shall be remitted to the department at the time and in the manner specified by rules and regulations of the department. The department and its authorized examiners and employees shall have the right to inspect all records of any person so licensed, and the department is authorized to promulgate rules and regulations relative to the enforcement of Code Section 7-3-16, this Code section, and Code Section 7-3-18.

7-3-18. (a) In the event any person fails or refuses to remit the tax required by Code Sections 7-3-16 and 7-3-17 within the time prescribed, the tax shall bear interest at the rate of 1 percent per month. Interest shall begin to accrue from the date the tax is due until the

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date the tax is paid. For the purposes of this Code section, any period of less than one month shall be considered to be one month. (b) In the event any person fails or refuses to remit the tax required by Code Sections 7-3-16 and 7-3-17 within the time prescribed, there shall be added to the tax a penalty equivalent to 25 percent of the tax but in no case shall the penalty so added be less than $5.00. In the event any person fraudulently remits the incorrect tax, there shall be added to the tax a penalty equivalent to 50 percent of the tax but in no case shall the penalty so added be less than $5.00. The amounts so added as penalties shall be collected as a part of the tax.

ARTICLE 3

7-3-20. (a) Each applicant for an original or renewal license shall:
(1) Submit an application in writing, under oath, and in such form as the department may prescribe; (2) Furnish to the Nationwide Multistate Licensing System and Registry the following information:
(A) The legal name and principal business address of the person applying for the license; (B) The names and the residence and business addresses of each director, owner, and executive officer of the applicant; (C) The address of each location where the applicant will engage in the business of making installment loans in this state; (D) Any name, subject to approval by the department, under which the applicant will engage in the business of making installment loans in this state; and (E) The name and address of the initial registered agent and registered office for service of process in this state; (3) Submit such other data, financial statements, and pertinent information as the department may require with respect to the applicant or its directors, owners, or executive officers; and (4) Pay a nonrefundable supervision fee established by rules and regulations of the department. (b) A person applying for an original license shall pay a nonrefundable investigation fee established by rules and regulations of the department.

7-3-21. (a) An applicant shall provide with its application a corporate surety bond issued by a bonding company or insurance company authorized to do business in this state and approved by the department. (b) The bond shall:

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(1) Be in a form satisfactory to the department; (2) Be in the aggregate amount of $25,000.00 for the primary location to be operated by a licensee plus $5,000.00 for each additional location to be operated by such licensee, provided that no licensee shall be required to have a bond that exceeds a total amount of $100,000.00; (3) Run to the State of Georgia for the benefit of the department or any claimant against a licensee arising out of the licensee's business of making installment loans; (4) Require a licensee to pay any and all money for the benefit of any person damaged by noncompliance of the licensee with this chapter, with rules, regulations, or orders issued by the department pursuant to this chapter, or with any condition of the bond; and (5) Require a licensee to pay any and all money that may become due and owing to any creditor of or claimant against the licensee arising out of the licensee's business of making installment loans. (c) Payments due under the bond shall include money owed to the department for fees, taxes and related interest and penalties under Code Sections 7-3-16, 7-3-17, and 7-3-18, and fines or penalties for noncompliance of the licensee with this chapter or rules, regulations, or orders issued pursuant to this chapter. (d) Claimants or creditors against the licensee may bring an action directly on the bond. (e) In no event shall the aggregate liability of the surety exceed the principal sum of the face amount of the bond. (f) In the event that the principal sum of the bond is reduced by one or more recoveries or payments thereon, a licensee shall: (1) Provide a new or additional bond so that the total or aggregate principal sum of such bond or bonds equals the sum required under subsection (b) of this Code section; or (2) Provide an endorsement duly executed by the corporate surety reinstating the bond to the required principal sum thereof. (g) A bond shall not be canceled by either the licensee or the corporate surety except upon notice to the department electronically through the Nationwide Multistate Licensing System and Registry, and such cancellation shall be effective no sooner than 30 days after receipt by the department of such notice and only with respect to any breach of condition occurring after the effective date of such cancellation.

7-3-22. (a) The department shall conduct an investigation of every applicant for licensure to determine the financial responsibility, experience, character, general fitness, and eligibility for licensure of such applicant. The department may issue the applicant a license if the department determines to its general satisfaction that:
(1) The applicant is financially sound and responsible and able to engage in the business of making installment loans in an honest, fair, and efficient manner and with the confidence and trust of the community;

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(2) Approval of the application will promote the convenience and advantage of the community in which the applicant proposes to operate; and (3) All conditions for licensure set forth in this chapter and in the rules and regulations of the department have been satisfied. (b) No license shall be transferable or assignable. (c) Each license shall expire on December 31 of each year, and application for renewal shall be made annually on or before December 1 of each year.

7-3-23. (a) The department is authorized to:
(1) Participate in the Nationwide Multistate Licensing System and Registry to facilitate the sharing of information and standardization of the licensing and application processes for persons subject to this chapter; (2) Enter into operating agreements, information sharing agreements, interstate cooperative agreements, and other contracts necessary for the department's participation in the Nationwide Multistate Licensing System and Registry; (3) Disclose or cause to be disclosed without liability, via the Nationwide Multistate Licensing System and Registry, applicant and licensee information, including, but not limited to, violations of this chapter and enforcement actions, to facilitate regulatory oversight; (4) Request that the Nationwide Multistate Licensing System and Registry adopt an appropriate privacy, data security, and security breach notification policy that is in full compliance with existing state and federal law; and (5) Establish and adopt, by rule and regulation, requirements for participation by applicants and licensees in the Nationwide Multistate Licensing System and Registry, upon the department's determination that each requirement is consistent with both the public interest and the purposes of this chapter. (b) The department shall enact rules and regulations establishing a process whereby licensees may challenge information entered by the department into the Nationwide Multistate Licensing System and Registry. (c) Regardless of its participation in the Nationwide Multistate Licensing System and Registry, the department shall retain full and exclusive authority over determinations of whether to grant, renew, suspend, or revoke licenses issued under this chapter. Nothing in this Code section shall be construed to reduce or otherwise limit such authority. (d) Information disclosed through the Nationwide Multistate Licensing System and Registry is deemed to be disclosed directly to the department and subject to Code Section 7-1-70. Such information shall not be disclosed to the public and shall remain privileged and confidential pursuant to Code Section 7-1-70. (e) Applicants and licensees shall be required to pay the charges associated with their utilization of the Nationwide Multistate Licensing System and Registry.

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ARTICLE 4

7-3-30. (a) Each licensee shall:
(1) Conspicuously post a copy of its license in each location where the licensee engages in installment lending; (2) Submit to the Nationwide Multistate Licensing System and Registry timely reports of condition, which shall be in such form and shall contain such information as the department may require; (3) Clearly label all advertisements and any other documents required by rules and regulations of the department with its unique identifier; (4) Make, keep, and use in its business such books, accounts, and records as the department may require; and (5) Make available to the department, upon request, any books, accounts, records, files, documents, evidence, or other information relating to the business of making installment loans. (b) Each licensee shall preserve any books, accounts, and records required to be made, kept, or used pursuant to this Code section or rules and regulations of the department for five years or such greater period of time as prescribed by rules and regulations of the department to the licensee. (c) A licensee may maintain any books, accounts, and records required to be made, kept, or used pursuant to this Code section: (1) In photographic, electronic, or other similar form; and (2) At a location outside of this state so long as such records are transmitted to a location designated by the department within ten days of the date of a written request by the department.

7-3-31. (a) A licensee shall send written notice to the department within ten days of the following:
(1) Any knowledge or discovery that any of the licensee's owners, executive officers, directors, trustees, agents, or covered employees has been convicted of a felony as described in subsection (a) of Code Section 7-3-42; (2) Any knowledge or discovery that any of the licensee's owners, executive officers, directors, trustees, agents, or covered employees has committed fraud, engaged in dishonest activities, or made any misrepresentation; (3) The discharge of a covered employee for actual or suspected misrepresentations, dishonest acts, or fraudulent acts; (4) Any knowledge or discovery of an administrative, civil, or criminal action initiated by any governmental entity against the licensee;

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(5) Any knowledge or discovery of a criminal action initiated by any governmental entity for misrepresentations, dishonest acts, or fraudulent acts against any owner, executive officer, director, trustee, agent, or covered employee of a licensee; and (6) The filing of a petition by or against the licensee under the United States Bankruptcy Code, 11 U.S.C. Sections 101 through 110, for bankruptcy reorganization or the filing of a petition by or against the licensee for receivership or the making of a general assignment for the benefit of its creditors. (b) A licensee shall send written notice to the department within 30 days of the following: (1) The commencement of any action brought against it relating to its business of installment lending in Georgia; (2) The commencement of any action by any creditor or claimant relating to its business of installment lending in Georgia or involving a claim against the bond filed with the department pursuant to Code Section 7-3-21; (3) The entry of any judgment against the licensee related to its business of installment lending in Georgia; and (4) Any change in the address of its principal place of business or registered agent for service in Georgia. (c) The corporate surety that issued a licensee a bond pursuant to Code Section 7-3-21 shall send written notice to the department within ten days of paying any claim or judgment to any creditor or claimant. (d) Any notice sent pursuant to this Code section shall be sent by registered or certified mail or statutory overnight delivery and include sufficient details for the department to identify any relevant creditor or claimant, claim, cause of action, judgment, payment, or prohibited act.

7-3-32. (a) A licensee shall not engage in the business of installment lending at a location in this state unless the licensee has first received written approval from the department. Applications or renewals for such additional locations shall be made in writing on a form prescribed by the department and accompanied by a nonrefundable fee in an amount established by rules and regulations of the department. (b) Each manager of a licensee's location in Georgia shall be approved in writing by the department. A licensee may allow an individual to begin working as a new location manager prior to such approval, provided that the licensee submits an application for approval within 15 days of the new location manager beginning work as a location manager. If the department denies approval of such new location manager, the licensee shall immediately remove the individual upon notice of such denial. (c) No person shall become an owner of any licensee through acquisition or other change in control or become an executive officer of a licensee unless the person has first received written approval from the department. To apply for such approval, the person shall:

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(1) Submit an application to the department in such form as the department may prescribe; (2) Provide such other information as the department may require concerning the financial responsibility, background, experience, and activities of the applicant or its directors, owners, and executive officers; and (3) Pay a nonrefundable application fee as prescribed by rule and regulation of the department. (d) The department may prescribe by rule and regulation additional requirements for approval of an application submitted pursuant to this Code section. (e) The department shall approve an application properly submitted pursuant to this Code section if it finds that the applicant and its directors, owners, and executive officers have the financial responsibility, character, reputation, experience, and general fitness to warrant a belief that the business will be operated efficiently and fairly, in the public interest, and in accordance with the law. (f) This Code section shall not apply to: (1) The acquisition of an interest in a licensee by merger or consolidation with a person licensed pursuant to this article or a person exempt from the licensure requirements of this article under Code Section 7-3-4; (2) The acquisition of an interest in a licensee by merger or consolidation with a person affiliated through common ownership with the licensee; or (3) The acquisition of an interest in a licensee by a person by bequest, descent, or survivorship or by operation of law. (g) Any person acquiring an interest in a licensee in a transaction which is exempt pursuant to subsection (f) of this Code section shall send written notice to the department of such acquisition within 30 days of the closing of such transaction.

7-3-33. No licensee or employee or agent thereof shall willfully use any unreasonable collection tactics. Unreasonable collection tactics shall include, but not be limited to, any conduct by the licensee or any employee or agent thereof which:
(1) Causes the borrower or any member of his or her family to suffer bodily injury or physical harm; (2) Constitutes a willful or intentional trespass by force of the borrower's home or personal property without process of law; (3) Holds up the borrower to public ridicule or unreasonably degrades the borrower in the presence of neighbors or business associates; (4) Involves use of printed material which simulates or resembles a summons, warrant, or other legal process; or (5) Although otherwise lawful, occurs at an unreasonable hour of the night. Attempts to make collections by means of personal visits, telephone calls, and the like shall be

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deemed to occur at an unreasonable hour of the night if they occur between the hours of 10:00 P.M. and 5:00 A.M.

ARTICLE 5

7-3-40. (a) The department is authorized to investigate and examine the affairs, businesses, premises, and records of any applicant, licensee, or any other installment lender as often as it deems necessary to carry out the purposes of this chapter, regardless of whether such applicant, licensee, or other installment lender acts or claims to act under any other licensing or registration requirement of this state. The department may conduct such investigation outside of this state if it deems necessary. (b) The department may conduct an investigation or examination pursuant to this Code section at least once every 60 months; provided, however, that the department may alter the frequency or scope of investigations or examinations through rules and regulations or waive an investigation or examination if it determines that, based on records submitted to the department and the past history of operations in this state, such investigation or examination is unnecessary. (c) A licensee or other installment lender shall pay a fee as prescribed by rule or regulation of the department to cover the cost of an investigation or examination. (d) In carrying out an investigation or examination pursuant to this Code section, the department shall be authorized to:
(1) Conduct an on-site examination of any applicant, licensee, or other installment lender at any location without prior notice; (2) Access, receive, and use any books, accounts, records, files, documents, evidence, or other information, including, but not limited to:
(A) Criminal, civil, and administrative history information, including information related to charges that did not result in a conviction; (B) Personal history and experience information, including, but not limited to, independent credit reports obtained from a consumer reporting agency described in the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681a; and (C) Any other documents, information, or evidence the department deems relevant to the investigation or examination, regardless of the location, possession, control, or custody of such documents, information, or evidence; (3) Enter into agreements or relationships with other government officials or regulatory authorities to improve efficiencies and reduce regulatory burden by sharing resources, documents, records, information, or evidence or by utilizing standardized or uniform methods or procedures; (4) Accept and rely on investigation or examination reports made by other government officials or regulatory authorities within or outside this state, provided that such reports

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provide information necessary to fulfill the responsibilities of the department under this chapter; (5) Accept and incorporate in any report of the department audit reports or portions of audit reports made by an independent certified public accountant on behalf of an applicant or licensee; (6) Require or permit any person to file a statement in writing as to all the facts and circumstances concerning any matter to be investigated pursuant to this chapter; (7) Request any financial data relevant to the business of making installment loans; (8) Administer oaths, call any party to testify under oath, and require the attendance of witnesses; (9) Require the production of books, accounts, records, files, documents, and papers; (10) Take the depositions of witnesses; and (11) Issue subpoenas for any witness or for the production of documentary evidence. (e) Each licensee or person subject to this chapter shall make available to the department, upon request, any books, accounts, records, files, documents, evidence, or other information relating to the activities of engaging in the business of making installment loans. (f) No licensee or person subject to investigation or examination under this chapter shall knowingly withhold, abstract, remove, mutilate, destroy, or secrete any books, accounts, records, files, documents, evidence, or other information.

7-3-41. (a) A subpoena issued pursuant to Code Section 7-3-40 may be served by:
(1) Registered or certified mail or statutory overnight delivery, return receipt requested, to the addressee's business or personal mailing address; (2) Examiners appointed by the department; or (3) The sheriff of the county where such witness resides or is found or where the person in custody of any books, accounts, records, files, documents, or papers resides or is found. (b) The department may issue and apply to enforce subpoenas in this state at the request of any governmental agency, department, organization, or entity regulating the making of installment loans in another state if the activities constituting the alleged violation for which the information is sought would be a violation of this chapter if the alleged activities had occurred in this state. (c) If any person refuses to obey a subpoena issued under this chapter, a superior court of appropriate jurisdiction, upon application by the department, may issue to the person an order requiring such person to appear before the court to show cause why such person should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished as contempt by the court.

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7-3-42. (a) The department shall not issue a license and may revoke a license if it finds that the applicant or licensee or any director, trustee, agent, owner, executive officer, or covered employee of the applicant or licensee has been convicted of a felony in any jurisdiction or of a crime which, if committed within this state, would constitute a felony under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty or nolo contendere to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered or an adjudication or sentence was otherwise withheld or not entered on that charge, unless and until such plea of guilty or nolo contendere or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both probation and sentence of a first offender without adjudication of guilt have been successfully completed and documented or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction occurred. (b) The department shall be authorized to obtain criminal history record checks with respect to any applicant or licensee, any owner of the applicant or licensee, and any individual who is a director, trustee, executive officer, agent, or covered employee of the applicant or licensee. Such criminal history record checks may be requested by the department through the Georgia Crime Information Center and the Federal Bureau of Investigation, and the department shall have the authority to receive the results of such checks. Fees required for a criminal history record check by the Georgia Crime Information Center or the Federal Bureau of Investigation shall be paid by the applicant or licensee. (c) Upon receipt of fingerprints, fees, and other required information, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the department in writing of any finding or if there are no such findings. (d) All criminal history record checks received by the department or by the applicant or licensee shall be used by the party requesting such records for the exclusive purpose of carrying out the responsibilities of this article, shall not be a public record, shall be confidential and 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 such records. All such records received by the requesting party shall be maintained in conformity with the

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requirements of the Georgia Crime Information Center and the Federal Bureau of Investigation. (e) Every applicant and licensee shall be authorized and required to obtain and maintain the results of criminal history record checks on covered employees. Such checks shall be handled by the Georgia Crime Information Center pursuant to Code Section 35-3-34 and the rules and regulations of the Georgia Crime Information Center. Applicants and licensees shall be responsible for any applicable fees charged by the Georgia Crime Information Center. An applicant or licensee may only employ an individual whose criminal history has been checked and has been found to be in compliance with all lawful requirements prior to the initial date of hire. This provision shall not apply to directors, owners, or executive officers of applicants or licensees, whose backgrounds shall have been investigated through the department before taking office, beginning employment, or securing ownership. (f) Upon request by the department, an applicant or licensee shall take all steps necessary to have an international criminal history record check performed on any directors, owners, executive officers, and covered employees of applicants and licensees. The results of such international criminal history record check shall be provided to the department. (g) Applicants and licensees shall have the primary responsibility for obtaining criminal history record checks on covered employees. The department shall be entitled to review the files of any applicant or licensee to determine whether the required record checks have been run and whether all covered employees are qualified. The department shall be authorized to discuss the status of covered employee criminal history record checks with applicants and licensees. Notwithstanding any other provisions of this article, the department shall retain the right to obtain criminal history record checks on covered employees of applicants and licensees.

7-3-43. (a) The department may suspend or revoke a license if it finds that any ground exists which would require or warrant the denial of an application for the issuance or renewal of a license. (b) The department may deny an application or suspend or revoke a license upon a finding that an applicant or a licensee has:
(1) Committed any fraud, engaged in any dishonest activities, or made any misrepresentation; (2) Violated any provision of this chapter, any rule, regulation, or order issued by the department pursuant to this chapter, or any other law in the course of its business of making installment loans; (3) Made a false statement or failed to give a true reply in an application; (4) Demonstrated incompetency or untrustworthiness to act as an installment lender; (5) Failed to pay within 30 days after it became final a judgment recovered in any court in an action arising out of the licensee's business of making installment loans;

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(6) Purposely withheld, deleted, destroyed, or altered information requested by the department or made misrepresentations to the department; (7) Operated in an unsafe or unsound manner; or (8) Failed or refused to remit the tax required by Code Section 7-3-16 within the required time period. (c) The department shall not issue a license and shall revoke a license if it determines that the applicant or licensee is not financially sound or responsible or not able to engage in the business of making installment loans in an honest, fair, and efficient manner and with the confidence and trust of the community. (d) The department shall not issue a license and may suspend or revoke a license if an applicant or licensee was subject to, or employs any person subject to, a final cease and desist order or license revocation under this chapter within the preceding five years. Each applicant or licensee shall, before hiring an employee, examine the Nationwide Multistate Licensing System and Registry to determine that such employee is not subject to a cease and desist order or license revocation. (e) The department shall not issue a license and may suspend or revoke a license if it finds that any owner, director, trustee, or executive officer of the applicant or licensee has been in one or more of those roles for a licensee whose application has been denied or revoked or suspended within the preceding five years.

7-3-44. (a) Notice of the department's intention to enter an order denying an application or suspending or revoking a license shall be sent to the applicant or licensee in writing by registered or certified mail or statutory overnight delivery addressed to the principal business address of such applicant or licensee. If a person refuses to accept service of such notice, the notice shall be served by the department under any other method of lawful service, and the person shall be liable to the department for a sum equal to the actual costs incurred to serve the notice. Such liability shall be paid upon notice and demand by the department and shall be assessed and collected in the same manner as other fees or fines administered by the department. (b) Within 20 days of the date of the notice issued pursuant to subsection (a) of this Code section, the applicant or licensee may request in writing a hearing to contest the order. If no such hearing is requested, the department shall enter a final order stating the grounds for the denial, suspension, or revocation. Such final order shall be effective on the date of issuance, and the department shall promptly mail a copy thereof to the principal business address of such applicant or licensee. (c) A decision by the department denying an application for licensure or an order of the department suspending or revoking a license shall be subject to review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that judicial review shall be available solely in the superior court of the county of domicile of the department.

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(d) The department may pursue any administrative action initiated under this chapter against an applicant or licensee to its conclusion, regardless of whether the applicant or licensee withdraws its application or whether a licensee does not renew or surrenders its license. (e) The suspension, revocation, or expiration of a license shall not alter, ameliorate, or void the duties, defenses, and liabilities of either a borrower or a licensee under any existing agreement or contract entered into by the licensee prior to such suspension, revocation, or expiration.

7-3-45. (a) The department may issue an order requiring a person to cease and desist immediately from unauthorized activities whenever it shall appear to the department that:
(1) Except as provided in paragraphs (2) and (3) of this subsection, a person has violated any law of this state or any rule, regulation, or order of the department. Such cease and desist order shall be final 20 days from the date of issuance unless the person to whom it is issued requests a hearing in writing within such 20 day period; (2) A person without a license is engaging in or has engaged in activities requiring licensure under this chapter. Such cease and desist order shall be final 30 days from the date of issuance without the opportunity for an administrative hearing. If such person obtains a license or submits to the department evidence of licensure or exemption from licensure within the 30 day period, the department shall rescind the order; or (3) A licensee has received a notice of bond cancellation under Code Section 7-3-21. Such cease and desist order shall be final 20 days from the date of issuance without the opportunity for an administrative hearing. If the required bond is reinstated or replaced and documentation evidencing such is submitted to the department within the 20 day period, the department shall rescind the order. In the event such cease and desist order becomes final, the license shall expire. (b) Any cease and desist order authorized by this Code section shall be in writing, sent by registered or certified mail or statutory overnight delivery, and addressed to the person's business address or, if the person is an individual, to either the business address or the individual's personal address. Any cease and desist order sent to the person's address that is returned to the department as 'refused' or 'unclaimed' shall be deemed as received and lawfully served. (c) Any hearing authorized under paragraph (1) of subsection (a) of this Code section shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (d) Judicial review of a final decision of the department issued pursuant to paragraph (1) of subsection (a) of this Code section shall be in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that judicial review shall be available solely in the superior court of the county of domicile of the department.

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(e) Judicial review of a final decision of the department issued pursuant to paragraph (2) or (3) of subsection (a) of this Code section shall be in accordance with Code Section 7-1-90, except that judicial review shall be available solely in the superior court of the county of domicile of the department.

7-3-46. (a) Whenever a person fails to comply with the terms of a final order or decision of the department issued pursuant to this chapter, the department may, through the Attorney General, petition any superior court of this state having jurisdiction over one or more defendants for an order directing such person to obey the order of the department within a period of time as shall be fixed by the court. Upon the filing of such petition, the court shall allow a motion to show cause why it should not be granted. After a hearing upon the merits or after failure of such person to appear when ordered, the court shall grant the petition of the department upon a finding that the order of the department was properly issued. (b) Any person who violates the terms of any final order or decision issued pursuant to this chapter shall be liable for a civil penalty not to exceed $1,000.00. Each day the violation continues shall constitute a separate offense. In determining the amount of the penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial resources of such person, the good faith efforts of such person to comply with the order, the gravity of the violation, the history of previous violations by such person, and such other factors or circumstances that contributed to the violation. The department may reduce any penalty which is subject to imposition or has been imposed pursuant to this Code section. Such penalty shall be final except as to judicial review as provided in Code Section 7-1-90, except that judicial review shall be available solely in the superior court of the county of domicile of the department. (c) The department may bring an appropriate civil action to enforce any provision of this chapter or any rule, regulation, decision, or order issued pursuant to this chapter, whether by injunction or otherwise, in the superior court of this state having jurisdiction over one or more of the defendants. (d) The department may prescribe by rule and regulation administrative fines for violations of this chapter or of rules, regulations, decisions, or orders issued pursuant to this chapter.

7-3-47. (a) Except as provided in this Code section, information obtained by the department pursuant to this chapter, which shall include any information disclosed through the Nationwide Multistate Licensing System and Registry, is confidential as provided in Code Section 7-1-70. (b) 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 chapter with other regulatory or law enforcement authorities. In the case of such sharing, the safeguards to

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confidentiality already in place within such agencies or authorities shall be deemed adequate. A designated employee or agent of the department may disclose such information as is necessary to conduct a civil or administrative investigation or proceeding related to the business of making installment loans. (c) The department is authorized to make the following information available to the public on the department's website, upon receipt by the department of a written request, or in the Nationwide Multistate Licensing System and Registry:
(1) The name, business address, telephone number, facsimile number, and unique identifier of a licensee; (2) The names and titles of the executive officers of a licensee; (3) The names of the owners of a licensee; (4) The name, business address, telephone number, and facsimile number of all locations of a licensee; (5) The terms of or a copy of any bond filed by a licensee; (6) Information concerning any violation of this chapter or any rule, regulation, or order issued pursuant to this chapter, provided that such information is derived from a final order of the department; (7) The imposition of an administrative fine or penalty under this chapter; and (8) The address of a licensee's registered agent for service of process in this state.

7-3-48. (a) Except in the case of malice, fraud, or bad faith, no person shall be subject to civil liability arising out of furnishing the department with information required pursuant to this chapter. No civil cause of action of any nature shall arise against such person:
(1) For any information relating to suspected prohibited conduct furnished to or received from law enforcement officials, their agents, or employees or furnished to or received from other regulatory authorities; (2) For any information furnished to or received from other persons subject to the provisions of this chapter; or (3) For any information furnished in complaints filed with the department. (b) Neither the department nor its employees or agents shall be subject to civil liability, and no civil cause of action of any nature shall exist against the department or its employees or agents arising out of the performance of activities or duties pursuant to this chapter or by publication of any report of activities under this Code section.

7-3-49. Nothing in this chapter shall be construed as repealing Code Section 7-4-4.

7-3-50. (a) Any person, including the executive officers, directors, trustees, owners, agents, and employees of such person, that willfully engages in the business of making installment

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loans without a license or an exemption pursuant to Code Section 7-3-4 shall be guilty of a felony and punished as provided in Code Section 7-1-845. (b) Any person who makes a false statement under oath in an application for a license under this chapter or who engages in the business of making installment loans while the license of such person under this chapter is suspended shall be guilty of a misdemeanor. (c) Any contract made under this chapter by a person guilty of a felony or misdemeanor under subsection (a) or (b) of this Code section shall be null and void. (d) Any installment lender who fails to comply with this chapter shall be liable to the borrower or borrowers thereon for a single penalty in an amount equal to twice the amount of all interest and loan fees charged to said borrower or borrowers on the most recent loan made by the lender to said borrower or borrowers; provided, however, that the liability under this subsection shall not be less than $100.00. (e) A licensee shall have no liability under subsection (d) of this Code section if, within 15 days after discovering an error or violation and prior to the institution of an action under this Code section or the receipt of written notice of the error or violation, the lender notifies the person concerned of the error or violation and makes any necessary adjustments in the appropriate account to ensure that such person will not be required to pay charges in excess of those permitted by this chapter. (f) A licensee shall not be liable for a violation of this chapter if the licensee shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide clerical or typographical error, notwithstanding the maintenance of procedures reasonably adopted to avoid any such error, and makes any necessary adjustments in the appropriate account to ensure that no borrower will be required to pay charges in excess of those permitted by this chapter. (g) A claim of violation of this chapter against a licensee may be asserted in an individual action only and may not be the subject of a class action under Code Section 9-11-23 or any other provision of law. A claim of violation of this chapter against an unlicensed lender may be asserted in a class action under Code Section 9-11-23 or any other provision of law. (h) If a contract is made in good faith in conformity with an interpretation of this chapter by the appellate courts of this state or in a rule or regulation promulgated by the department, no provision in this Code section imposing any penalty shall apply, notwithstanding that, after such contract is made, such rule or regulation is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. (i) Any installment lender who shall knowingly and willfully with intent to defraud a borrower make a contract in violation of this chapter shall be guilty of a misdemeanor, and the contract so made shall be null and void.

7-3-51. Without limiting the power conferred by Chapter 1 of this title, the department may make reasonable rules and regulations, not inconsistent with law, for the interpretation and enforcement of this chapter.

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7-3-52. Every license in force and effect under the former provisions of this chapter on June 30, 2020, shall remain in full force and effect on July 1, 2020, and all such existing licensees shall be required to renew their licenses pursuant to Code Sections 7-3-20 and 7-3-22."

SECTION 3. Said title is further amended in Code Section 7-1-845, relating to miscellaneous felonies relative to financial institutions, by striking "or" at the end of subparagraph (a)(3)(F) and adding a new subparagraph to read as follows:
"(H) Making installment loans unless licensed by the department or exempt from licensing requirements pursuant to Code Section 7-3-4; or"

SECTION 4. Said title is further amended by revising Code Section 7-4-19, relating to civil action to enforce chapter relative to interest and usury, as follows:
"7-4-19. The Department of Banking and Finance may bring an appropriate civil action to enforce any provision of this chapter whether by injunction or otherwise in any superior court of this state having jurisdiction over one or more defendants. "

SECTION 5. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Code Section 16-17-1, relating to "payday lending" defined, legislative findings, prohibited activity, and no impairment of agencies with concurrent jurisdiction, as follows:
"16-17-1. (a) Without limiting in any manner the scope of this chapter, 'payday lending' as used in this chapter encompasses all transactions in which funds are advanced to be repaid at a later date, notwithstanding the fact that the transaction contains one or more other elements and a 'payday lender' shall be one who engages in such transactions. This definition of 'payday lending' expressly incorporates the exceptions and examples contained in subsections (a) and (b) of Code Section 16-17-2. (b) Despite the fact that the Attorney General of the State of Georgia has opined in Official Opinion 2002-3 entered on June 27, 2002, that payday lending is in violation of Georgia law and despite the fact that cease and desist orders against various payday lenders in the State of Georgia have been issued, the General Assembly has determined that payday lending continues in the State of Georgia and that there are not sufficient deterrents in the State of Georgia to cause this illegal activity to cease. (c) The General Assembly has determined that various payday lenders have created certain schemes and methods in order to attempt to disguise these transactions or to cause these

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transactions to appear to be 'loans' made by a national or state bank chartered in another state in which this type of lending is unregulated, even though the majority of the revenues in this lending method are paid to the payday lender. The General Assembly has further determined that payday lending, despite the illegality of such activity, continues to grow in the State of Georgia and is having an adverse effect upon military personnel, the elderly, the economically disadvantaged, and other citizens of the State of Georgia. The General Assembly has further determined that substantial criminal and civil penalties over and above those currently existing under state law are necessary in order to prohibit this activity in the State of Georgia and to cause the cessation of this activity once and for all. The General Assembly further declares that these types of loans are currently illegal and are in violation of Code Section 7-4-2. The General Assembly declares that the use of agency or partnership agreements between in-state entities and out-of-state banks, whereby the in-state agent holds a predominant economic interest in the revenues generated by payday loans made to Georgia residents, is a scheme or contrivance by which the agent seeks to circumvent Chapter 3 of Title 7, the 'Georgia Installment Loan Act,' and the usury statutes of this state. (d) Payday lending involves relatively small loans and does not encompass loans that involve interstate commerce. Certain payday lenders have attempted to use forum selection clauses contained in payday loan documents in order to avoid the courts of the State of Georgia, and the General Assembly has determined that such practices are unconscionable and should be prohibited. (e) Without limiting in any manner the scope of this chapter, the General Assembly declares that it is the general intent of this chapter to reiterate that in the State of Georgia the practice of engaging in activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities are currently illegal and to strengthen the penalties for those engaging in such activities. (f) This chapter in no way impairs or restricts the authority granted to the commissioner of banking and finance or any other regulatory authority with concurrent jurisdiction over the matters stated in this chapter."

SECTION 6. Chapter 14 of the Title 45 of the Official Code of Georgia Annotated, relating to the Commissioner of Insurance, is amended by revising Code Section 45-14-3, relating to duties as Safety Fire Commissioner and Industrial Loan Commissioner, as follows:
"45-14-3. The Commissioner of Insurance shall be the Safety Fire Commissioner."

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SECTION 7. Said chapter is further amended by revising Code Section 45-14-5, relating to seal, as follows:
"45-14-5. The Commissioner of Insurance and Safety Fire Commissioner shall have an official seal for each office of such design as he or she shall select with the approval of the Governor."

SECTION 8. The Official Code of Georgia Annotated is amended by replacing "industrial loan" with "installment loan" and "industrial loans" with "installment loans" wherever the former phrases occur in: (1) Code Section 10-1-2, relating to definitions and construction relative to retail installment and home solicitation sales. (2) Code Section 10-1-31, relating to definitions and construction relative to motor vehicle sales financing. (3) Code Section 10-1-33.1, relating to advancement of money for satisfaction of lease, lien, or security interest in motor vehicle. (4) Code Section 10-1-42, relating to advancement of money to satisfy lease, lien, or security interest in motor vehicle and inclusion in gross capitalized cost. (5) Code Section 10-5-2, relating to definitions relative to Georgia uniform securities. (6) Code Section 13-1-14, relating to collection of closing fees for contracts for the advance of money or the extension of credit, refund of closing fees in certain instances, and limited application. (7) Code Section 13-1-15, relating to when a convenience fee is appropriate.

SECTION 9. The Official Code of Georgia Annotated is amended by replacing "Georgia Industrial Loan Act" with "Georgia Installment Loan Act" wherever the former phrase occurs in: (1) Code Section 7-1-1001, relating to registration requirements for mortgage lenders and brokers and exemptions for certain persons and entities. (2) Code Section 7-4-2, relating to legal rate of interest, maximum rate of interest generally, and certain items not considered interest. (3) Code Section 16-17-2, relating prohibition on loans of less than $3,000.00, exceptions, and penalty for violations. (4) Code Section 18-5-3, relating to exemption for debt adjustment by certain individuals or entities.

SECTION 10. This Act shall apply to all installment loan agreements entered into on and after July 1, 2020.

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SECTION 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved June 30, 2020.

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COURTS DOMESTIC RELATIONS HEALTH SOCIAL SERVICES CHILD ABUSE REPORTS; STATE REGISTRAR.

No. 410 (House Bill No. 993).

AN ACT

To amend Chapter 11 of Title 15, Article 4 of Chapter 9 of Title 19, Chapter 10 of Title 31, and Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the Juvenile Code, power of attorney for the care of a child, vital records, and programs and protection for children and youth, respectively, so as to provide for vital records reports and data from the state registrar relating to child abuse reports; to repeal the central child abuse registry; 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. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to Juvenile Code, is amended by revising subsection (c) of Code Section 15-11-133.1, relating to temporary alternatives to foster care, as follows:
"(c) When entering an order pursuant to paragraph (1) of subsection (a) of this Code section, the court shall order a preliminary assessment of the person who is to provide care for the child by a probation officer, or such other individual or agency as the court may designate, which shall include, at a minimum:
(1) A walk-through of such person's residence to identify safety hazards; (2) An in-state criminal record check, pursuant to subsection (a) or (c) of Code Section 35-3-34, of such person and all other adults living in such person's residence;

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(3) A search of the Georgia Sex Offender Registry for the name of such person and all other adults living in such person's residence; and (4) A search of data provided electronically to the public by the Department of Community Supervision and the Department of Corrections for information concerning such person and all adults living in such person's residence. Such preliminary assessment shall be completed no later than 72 hours after the time such order is entered except that if such order is entered on a weekend, such preliminary assessment may be completed no later than five days after the order is entered."

SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 15-11-710, relating to exchange of information, as follows:
"(b) Governmental entities and state, county, municipal, or consolidated government departments, boards, or agencies shall exchange with each other all information not held as confidential pursuant to federal law and relating to a child which may aid a governmental entity in the assessment, treatment, intervention, or rehabilitation of a child, notwithstanding Code Section 15-1-15, 15-1-19, 15-11-40, 15-11-70, 15-11-105, 15-11-170, 15-11-264, 15-11-541, 15-11-542, 15-11-603, 15-11-708, 15-11-709, 15-11-744, 20-2-751.2, 20-14-40, 24-12-10, 24-12-11, 24-12-20, 26-4-5, 26-4-80, 26-5-17, 31-5-5, 31-33-6, 37-1-53, 37-2-9.1, 42-5-36, 42-8-40, 42-8-109.2, 49-5-40, 49-5-41, 49-5-41.1, 49-5-44, or 49-5-45, in order to serve the best interests of such child. Information which is shared pursuant to this subsection shall not be utilized to assist in the prosecution of a child in juvenile, superior, or state court or utilized to the detriment of such child."

SECTION 3. Article 4 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to power of attorney for the care of a child, is amended in Code Section 19-9-124, relating to parental limitation on delegation of power of attorney, by revising subsection (d) as follows:
"(d) An agent shall certify that he or she is not currently on the state sexual offender registry of this state or the sexual offender registry 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."

SECTION 4. Said article is further amended in Code Section 19-9-134, relating to power of attorney form, by revising 8.(B) of the form contained in subsection (c) as follows:
"(B) I am not currently on the state sexual offender 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;"

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SECTION 5. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by adding a new Code section to read as follows:
"31-10-9.2. (a) The state registrar shall provide to the Division of Family and Children Services of the Department of Human Services copies of or data derived from certificates and reports filed with the state registrar upon notification by the Division of Family and Children Services of receipt of a report of abuse or neglect concerning a child or his or her parents or siblings pursuant to Code Section 19-7-5. Such reports or data shall include records related to birth or death, fetal death, and putative father registry of this state concerning a child or his or her parents or siblings. (b) The Department of Public Health, through the state registrar and the Division of Family and Children Services, shall jointly establish policies, procedures, and schedules regarding the transmittal of copies of records or data as jointly deemed necessary. The Department of Public Health and the Division of Family and Children Services shall enter into agreements as necessary to effectuate the provisions of this Code section and to ensure compliance with the requirements of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended."

SECTION 6. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended in Code Section 49-5-41, relating to persons and agencies permitted access to records, by repealing paragraph (3) of subsection (b).

SECTION 7. Said chapter is further revised by repealing and reserving Article 8, relating to the central child abuse registry.

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

Approved June 30, 2020.

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REVENUE AND TAXATION CONFORM CERTAIN STATE CODE TO FEDERAL INTERNAL REVENUE CODE; REPAYMENT OF OVERPAYMENT OF SALES AND USE TAXES BY CERTAIN TAXPAYERS; TAX CREDIT FOR PERSONAL PROTECTIVE EQUIPMENT MANUFACTURERS.

No. 411 (House Bill No. 846).

AN ACT

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to 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 allow political subdivisions to elect to repay over a period of time certain final refund amounts for refunds of local significance due to overpayments of sales and use taxes by a taxpayer through a direct pay permit; to require the Department of Revenue to establish and maintain a direct pay permit program that permits a qualified taxpayer to accrue and pay directly to the department certain state and local sales and use taxes; to provide definitions; to provide for a tax credit for certain personal protective equipment (PPE) manufacturers; to provide for conditions and limitations; to provide for related matters; to revise the use or calculation of certain tax credits for certain taxable years; 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.

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, 2019, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before March 27, 2020, 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

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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 all provisions in federal Public Law 116-136 (CARES Act) that change or affect in any manner Section 172 and Section 461(l) shall be treated as if they were not in effect, and except that the limitations provided in Section 179(b)(1) shall be $250,000.00 for tax years beginning in 2010, shall be $250,000.00 for tax years beginning in 2011, shall be $250,000.00 for tax years beginning in 2012, shall be $250,000.00 for tax years beginning in 2013, and shall be $500,000.00 for tax years beginning in 2014, and except that the limitations provided in Section 179(b)(2) shall be $800,000.00 for tax years beginning in 2010, shall be $800,000.00 for tax years beginning in 2011, shall be $800,000.00 for tax years beginning in 2012, shall be $800,000.00 for tax years beginning in 2013, and shall be $2 million for tax years beginning in 2014, and provided that Section 1106 of federal Public Law 112-95 as amended by federal Public Law 113-243 shall be treated as if it is in effect, except the phrase 'Code Section 48-2-35 (or, if later, November 15, 2015)' shall be substituted for the phrase 'section 6511(a) of such Code (or, if later, April 15, 2015),' and notwithstanding any other provision in this title, no interest shall be refunded with respect to any claim for refund filed pursuant to Section 1106 of federal Public Law 112-95, and provided that subsection (b) of Section 3 of federal Public Law 114-292 shall be treated as if it is in effect, except the phrase 'Code Section 48-2-35' shall be substituted for the phrase 'section 6511(a) of the Internal Revenue Code of 1986' and the phrase 'such section' shall be substituted for the phrase 'such subsection.' In the event a 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 March 27, 2020, 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, 2019, provisions of the Internal Revenue Code of 1986, as amended, which were as of March 27, 2020, 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 (2) of subsection (h) of Code Section 48-2-35, relating to refunds of taxes and fees, as follows:

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"(2)(A) Within 30 business days following the department's receipt of a refund claim of local significance, the department shall notify each affected political subdivision's political subdivision designee that a refund claim of local significance to the political subdivision has been received and shall furnish the taxpayer with a copy of such notification. Such notification shall include the date the refund claim of local significance was filed, the amount in the claim for refund for which the political subdivision itself would be responsible if the request is granted, and a copy of the confidentiality provisions in Code Section 48-2-15 and this Code section. (B) After the department has completed an audit of the claim for refund and determined a final refund amount, the department shall supplement the above notice by transmitting to the political subdivision designee the final refund amount for which the political subdivision is responsible.
(C)(i) With respect to a final refund amount due to a taxpayer that made an overpayment of taxes pursuant to a direct pay permit issued in accordance with Code Section 48-8-49.1, in lieu of a single payment of the final refund amount to the taxpayer, an affected political subdivision may elect for the final refund amount, including applicable interest, to be repaid by the department to the taxpayer over a time period less than or equal to the total duration of the periods subject to the claim for refund. Any such election must be made by the political subdivision, in a manner prescribed by the department, within 30 days of the date the department notifies the political subdivision of the final refund amount for which the political subdivision is responsible. (ii) When an election is made pursuant to division (i) of this subparagraph, the department shall make payment of the total final refund amount, which shall include amounts for local sales and use taxes, to the taxpayer in monthly installments due on or before the fifteenth day of each calendar month during the repayment period. Interest shall accrue on the unpaid balance during such repayment period pursuant to subsection (a) of this Code section. (iii) The provisions of this subparagraph shall only apply to refund claims of local significance and resulting final refund amounts due to a taxpayer that made an overpayment of local sales and use taxes pursuant to a direct pay permit issued in accordance with Code Section 48-8-49.1."

SECTION 1-3. Said title is further amended by revising subsection (a) of Code Section 48-2-35.1, relating to refunds of sales and use taxes, as follows:
"(a)(1) If a certificate or exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase tangible personal property or taxable services without the payment of sales and use tax has not been obtained and used prior to purchasing such tangible personal property or taxable services, a refund of sales and use taxes shall be made to such purchaser without interest.

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(2) For refunds of overpayments of state and local sales and use taxes made pursuant to a direct payment permit issued in accordance with Code Section 48-8-49.1, interest shall be paid on the overpaid amount of the taxes or fees pursuant to subsection (a) of Code Section 48-2-35, and subject to the provisions of Code Section 50-13A-19.1; provided, however, that interest shall begin to accrue on the overpaid amount of taxes or fees from the date an amended return or refund claim claiming a refund is filed."

SECTION 1-4. Said title is further amended by adding a new Code section to read as follows:
"48-8-49.1. (a) As used in this Code section, the term:
(1) 'Direct payment permit' means a license that permits a qualified taxpayer to accrue and pay directly to the department certain state and local sales and use taxes imposed by this chapter. (2) 'Qualified taxpayer' means a taxpayer that:
(A) Purchased more than $2 million of tangible personal property in the 12 months prior to application, purchased an annual average amount exceeding $2 million of tangible personal property during the 36 months prior to application, or met a lower purchase threshold prescribed the department; and (B) Was classified under the previous year's federal income tax return under any industry classification code, as determined by the commissioner, that would facilitate and expedite the collection of the taxes imposed by this chapter or would be equivalent to one of the following North American Industry Classification System (NAICS) codes as such existed on January 1, 2017:
(i) National Industry Code 517110 - Wired Telecommunications Carriers; (ii) National Industry Code 517210 - Wireless Telecommunications Carriers (except Satellite); (iii) National Industry Code 517410 - Satellite Telecommunications; (iv) NAICS Industry Code 48111 - Scheduled Air Transportation; (v) NAICS Industry Code 48211 - Rail Transportation; (vi) Industry Group Code 4841 - General Freight Trucking; (vii) Economic Sector Code 21 - Mining, Quarrying, and Oil and Gas Extraction; (viii) Economic Sector Code 22 - Utilities; or (ix) Economic Sector Codes 31-33 - Manufacturing. (b) The department shall establish and maintain a direct pay permit program for the purpose of enabling qualified taxpayers to pay directly to the department taxes that are imposed by this chapter on the qualified taxpayers; provided, however, that such program shall exclude taxation on the following: (1) Purchases of fuels subject to prepaid local tax as such term is defined in Code Section 48-8-2; (2) Purchases of meals, beverages, or tobacco;

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(3) Purchases of local telephone services, transportation of persons, or lodging accommodations and ancillary charges associated with lodging accommodations; (4) Purchases to places of amusement, entertainment, or athletic events; admissions to displays or exhibitions; participation in games or sports; or charges for the use of amusement devices; or (5) Rental charges for periods of 31 days or less for motor vehicles required to be titled in this state. (c) The commissioner shall not require a qualified taxpayer to waive interest on refunds made in accordance with Code Section 48-2-35 as a condition for obtaining a direct pay permit. (d) The department shall, at a minimum, provide for the following by rule or regulation: (1) Certain attestations to be made by a qualified taxpayer in its application for a direct pay permit; (2) Responsibilities and duties for holders of direct pay permits; (3) Transferability or nontransferability of direct pay permits; (4) Expiration and renewal of direct pay permits; and (5) Revocation of direct pay permits."

PART II SECTION 2-1.

Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation, and exemptions, is amended by adding a new Code section to read as follows:
"48-7-40.1A. (a) As used in this Code section, the term:
(1) 'Establishment' means an economic unit at a single physical location where business is conducted or where services or industrial operations are performed. (2) 'Hand sanitizer' means any hand antiseptic, hand rub, soap, or agent applied to the hands for the purpose of removing common pathogens, including, but not limited to, hand cleaners and sanitizers provided for under 7 C.F.R. Section 3201.18. (3) 'Personal protective equipment' or 'PPE' means any protective clothing, helmets, gloves, face shields, goggles, facemasks, hand sanitizer, and respirators or other equipment designed to protect the wearer from injury or to prevent the spread of infection, disease, virus, or other illness. Such term shall include equipment identified under 29 C.F.R. Section 1910, Subpart I. (4) 'Personal protective equipment manufacturer' or 'PPE manufacturer' means any business enterprise which is engaged in the manufacturing of PPE in this state. Such term shall include any business enterprise which, in response to COVID-19, began manufacturing PPE in this state. Such term shall not include retail businesses that sell PPE.

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(b)(1) When any PPE manufacturer is qualified to claim a job tax credit under Code Section 48-7-40 or 48-7-40.1, there shall be allowed an additional $1,250.00 job tax credit against the tax imposed under this article for those qualifying jobs to the extent they are engaged in the qualifying activity of manufacturing PPE in this state during the taxable year. Such PPE manufacturer shall be eligible for such additional job tax credit at an individual establishment of the business. If more than one business activity is conducted at the establishment, then only those jobs engaged in the qualifying activity of manufacturing PPE in this state shall be eligible for such additional job tax credit. (2) The additional tax credit provided for in paragraph (1) of this subsection shall be claimed separately from the job tax credit under Code Section 48-7-40 or 48-7-40.1 but shall, except as provided in this Code section, be allowed subject to the conditions and limitations set forth in Code Section 48-7-40 or 48-7-40.1 and shall be in addition to the credit allowed under Code Section 48-7-40 or 48-7-40.1; provided, however, that the amount allowed to offset taxes imposed by this article shall be 100 percent; and provided, further, that when such tax credit exceeds a business enterprise's liability for taxes imposed by this article in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 in the same manner as provided under Code Section 48-7-40 or 48-7-40.1 but not subject to the dollar limitations provided therein. Additionally, such tax credit shall be disallowed during any year that a business enterprise does not qualify as a PPE manufacturer. (3) The additional tax credit provided for in paragraph (1) of this subsection may be used in conjunction with the tax credit provided for under Code Section 48-7-40.15. (c) The additional tax credit provided for under paragraph (1) of subsection (b) of this Code section shall be subject to the following conditions and limitations: (1) For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's state income tax return which shall set forth the following information, as a minimum, in addition to the information required under Code Sections 48-7-40 and 48-7-40.1:
(A) The number of jobs otherwise qualified to claim a credit under this Code section; (B) A verification that the taxpayer is a PPE manufacturer and a description of the PPE manufactured during the current taxable year; (C) Any tax credit utilized by the taxpayer in prior years; (D) The amount of tax credit carried over from prior years; (E) The amount of tax credit utilized by the taxpayer in the current taxable year; and (F) The amount of tax credit to be carried over to subsequent tax years. (2) Any tax credit claimed under subsection (b) of this Code section, but not used in any taxable year, may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established. (d) No tax credit shall be claimed and allowed pursuant to this Code section for any jobs created on or after January 1, 2025.

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(e) This Code section shall be effective as of January 1, 2020, and shall be applicable to taxable years beginning on and after January 1, 2020."

PART III SECTION 3-1.

Said article is further amended by adding a new subsection to Code Section 48-7-40, relating to designation of counties as less developed areas and tax credits for certain business enterprises, to read as follows:
"(m) For the taxable years beginning in 2020 and 2021, a taxpayer with a business enterprise that in the taxable year beginning on or after January 1, 2019, and before December 31, 2019, was claiming a tax credit under this Code section shall have the option to utilize the number of new full-time employee jobs that the taxpayer claimed in such taxable year or calculate the number of new full-time employee jobs based upon subsection (e) of this Code section."

SECTION 3-2. Said article is further amended by adding a new subsection to Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, to read as follows:
"(k) For the taxable years beginning in 2020 and 2021, a taxpayer with a business enterprise that in the taxable year beginning on or after January 1, 2019, and before December 31, 2019, was claiming a tax credit under this Code section shall have the option to utilize the number of new full-time employee jobs that the taxpayer claimed in such taxable year or calculate the number of new full-time employee jobs based upon subsection (e) of this Code section."

SECTION 3-3. Said article is further amended by adding a new subsection to Code Section 48-7-40.17, relating to establishing or relocating quality jobs and tax credit, to read as follows:
"(i) For the taxable years beginning in 2020 and 2021, a taxpayer that in the taxable year beginning on or after January 1, 2019, and before December 31, 2019, was claiming a tax credit under this Code section shall have the option to utilize the number of new quality jobs that the taxpayer claimed in such taxable year, or calculate the number of new quality jobs based upon subsection (d) of this Code section."

PART IV SECTION 4-1.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that:

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(a) Section 1-1 of this Act shall be applicable to all taxable years beginning on or after January 1, 2019. (b) Sections 1-2, 1-3, and 1-4 of this Act shall become effective on September 1, 2020. The revisions to paragraph (2) of subsection (h) of Code Section 48-2-35 in Section 1-2 of this Act shall apply to notices for final refund amounts received by a political subdivision on or after September 1, 2020, and the interest rate provided in Section 1-3 of this Act shall apply to interest accruing on or after September 1, 2020.

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

Approved June 30, 2020.

__________

COURTS SOCIAL SERVICES FOSTER CHILDREN AND FOSTER FAMILIES; STRENGTH LAWS AND SUPPORTS.

No. 466 (House Bill No. 912).

AN ACT

To amend Chapter 11 of Title 15 and Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the Juvenile Code and programs and protection for children and youth, respectively, so as to strengthen laws and supports for foster children and foster families; to provide for reporting of certain data from juvenile court clerks relating to foster children who are alleged or adjudicated to be a child in need of services or a delinquent child; to provide for attorney conflict resolution in certain juvenile court hearings; to revise a time frame relating to extended care youth services; to authorize the Department of Human Services to partner with child-placing agencies to assist with casework services; to provide varying levels of training required for experienced foster parents or respite caregivers; to authorize foster parents to arrange for short-term babysitting; 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. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to Juvenile Code, is amended by revising Code Section 15-11-64, relating to collection of information by juvenile court clerks, reporting requirement, and data collection, as follows:

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"15-11-64. (a) Each clerk of the juvenile court shall collect the following information for each child in need of services, delinquent child, and child accused of a class A designated felony act or class B designated felony act and provide such information to DJJ as frequently as requested by DJJ:
(1) Name; (2) Date of birth; (3) Sex; (4) Race; (5) Offense charged; (6) Location of the offense, including the name of the school if the offense occurred in a school safety zone, as defined in Code Section 16-11-127.1; (7) The name of the referral source, including the name of the school if the referring source was a school; (8) Disposition of the case; and (9) Date of and authority for commitment, if applicable. (b) Each clerk of the juvenile court shall report to the Administrative Office of the Courts the total number of petitions or motions filed under subsection (b) of Code Section 15-11-682 for the previous calendar year and, of that number, the number in which the court appointed a guardian ad litem, the number in which the court appointed counsel, the number in which the judge issued an order authorizing an abortion without notification, the number in which the judge denied such an order, and, of the last, the number of denials from which an appeal was filed, the number of appeals that resulted in denials being affirmed, and the number of appeals that resulted in reversals of such denials. Each clerk shall make such report by March 15 of each year for the previous calendar year. The individual reports made to the Administrative Office of the Courts shall be held confidential and not subject to disclosure under Article 4 of Chapter 18 of Title 50, relating to open records. The Administrative Office of the Courts shall provide aggregated statistics only in accordance with subsection (g) of Code Section 16-12-141.1. Such individual reports shall be destroyed six months after submission to the Administrative Office of the Courts. (c) Pursuant to rules adopted by the Supreme Court of Georgia, on and after January 1, 2021, 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 Supreme Court 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 Supreme Court of Georgia. (d) Pursuant to rules adopted by the Supreme Court of Georgia, on and after January 1, 2021, each clerk of the juvenile court shall collect data on all cases in which a child alleged or adjudicated to be a child in need of services or a delinquent child is placed

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in foster care and has also been alleged or adjudicated to be a dependent child and shall transmit such data as required by such rules. Such data shall include, at a minimum, the adherence on each case by the court to the time frames contained in Code Section 15-11-102."

SECTION 2. Said chapter is further amended by revising subsection (c) of Code Section 15-11-110, relating to continuance of a hearing in a dependency proceeding, as follows:
"(c) A stipulation between attorneys or the convenience of the parties shall not constitute good cause. Hearings with dependency case time limitations required by Code Section 15-11-102 and termination of parental rights hearings shall take priority in attorney conflict resolution over all other civil and criminal hearings and nonjury appearances in any other class of trial court. The need for discovery shall not constitute good cause unless the court finds that a person or entity has failed to comply with an order for discovery."

SECTION 3. Said chapter is further amended by revising subsection (d) of Code Section 15-11-340, relating to criteria for receiving services, development of transition plan, and termination, as follows:
"(d) Every 12 months, 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."

SECTION 4. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended in Code Section 49-5-8, relating to powers and duties of the Department of Human Services, by revising subsection (a) as follows:
"(a) The Department of Human Services is authorized and empowered, through its own programs and the programs of county or district departments of family and children services, to establish, maintain, extend, and improve throughout the state, within the limits of funds appropriated therefor, programs that will provide:
(1) Preventive services as follows: (A) Collecting and disseminating information about the problems of children and youths and providing consultative assistance to groups, public and private, interested in developing programs and services for the prevention, control, and treatment of dependency and delinquency among the children of this state; and

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(B) Research and demonstration projects designed to add to the store of information about the social and emotional problems of children and youths and improve the methods for dealing with these problems; (2) Child welfare services as follows: (A) Casework services for children and youths and for mothers bearing children out of wedlock, whether living in their own homes or elsewhere, to help overcome problems that result in dependency or delinquency. The department shall be authorized to contract with, certify, or partner with licensed child-placing agencies to assist with or provide such casework services; (B) Protective services that will investigate complaints of abuse or abandonment of children and youths by parents, guardians, custodians, or persons serving in loco parentis and, on the basis of the findings of such investigation, offer social services to such parents, guardians, custodians, or persons serving in loco parentis in relation to the problem or bring the situation to the attention of a law enforcement agency, an appropriate court, or another community agency; (C) Supervising and providing required services and care involved in the interstate placement of children; (D) Homemaker service, or payment of the cost of such service, when needed due to the absence or incapacity of the mother; (E) Boarding care, or payment of maintenance costs, in foster family homes or in group-care facilities for children and youths who cannot be adequately cared for in their own homes; (F) Boarding care or payment of maintenance costs for mothers bearing children out of wedlock prior to, during, and for a reasonable period after childbirth; (G) Day-care services for the care and protection of children whose parents are absent from the home or unable for other reasons to provide parental supervision; and (H) Casework services and care to all children and youths where the parent, custodian, or guardian has placed such children in the custody of the department by voluntary agreement, until such agreement is revoked by the parent, custodian, or guardian upon request that such children be returned to the parent, custodian, or guardian or to another relative or the voluntary agreement expires; provided, however, that nothing in this subparagraph shall prohibit the department from obtaining an order placing such children in its custody in accordance with Article 3 of Chapter 11 of Title 15. The department shall be authorized to contract with, certify, or partner with licensed child-placing agencies to assist with or provide such casework services; (3) Services to courts, upon their request, as follows: (A) Accepting for casework services and care all children and youths whose legal custody is vested in the department by the court; (B) Providing shelter or custodial care for children prior to examination and study or pending court hearing;

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(C) Making social studies and reports to the court with respect to children and youths as to whom petitions have been filed; and (D) Providing casework services and care or payment of maintenance costs for children and youths who have run away from their home communities within this state, or from their home communities in this state to another state, or from their home communities in another state to this state; paying the costs of returning such runaway children and youths to their home communities; and providing such services, care, or costs for runaway children and youths as may be required under Chapter 4B of this title; (4) Regional group-care facilities for the purpose of: (A) Providing local authorities an alternative to placing any child in a common jail; (B) Shelter care prior to examination and study or pending a hearing before juvenile court; (C) Detention prior to examination and study or pending a hearing before juvenile court; and (D) Study and diagnosis pending determination of treatment or a hearing before juvenile court; (5) Facilities designed to afford specialized and diversified programs, such as forestry camps, ranches, and group residences, for the care, treatment, and training of children and youths of different ages and different emotional, mental, and physical conditions; (6) Regulation of child-placing agencies, child-caring institutions, and maternity homes by: (A) Establishing rules and regulations for and providing consultation on such rules and regulations for all such agencies, institutions, and homes; and (B) Licensing and inspecting periodically all such agencies, institutions, and homes to ensure their adherence to established standards as prescribed by the department; (7) Adoption services, as follows: (A) Supervising the work of all child-placing agencies when funds are made available; (B) Providing services to parents desiring to surrender children for adoption as provided for in adoption statutes; (C) Providing care or payment of maintenance costs for mothers bearing children out of wedlock and children being considered for adoption; (D) Inquiring into the character and reputation of persons making application for the adoption of children; (E) Placing children for adoption; (F) Providing financial assistance to families adopting children once the child has been placed for adoption, determined eligible for assistance, and the adoption assistance agreement has been signed prior to the finalization of the adoption by all parties. Financial assistance may only be granted for hard-to-place children with physical, mental, or emotional disabilities or with other problems for whom it is difficult to find a permanent home. Financial assistance may not exceed 100 percent of the amount that would have been paid for boarding such child in a family foster home and for special

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services such as medical care not available through insurance or public facilities. Such supplements shall only be available to families who could not provide for the child adequately without continued financial assistance. The department may review the supplements paid at any time but shall review them at least annually to determine the need for continued assistance; (G) Providing payment to a licensed child-placing agency which places a child with special needs who is under the jurisdiction of the department for adoption. Payment may not exceed $5,000.00 for each such adoption arranged by an agency. The board shall define the special needs child. One-half of such payment shall be made at the time of placement and the remaining amount shall be paid when the adoption is finalized. If the adoption disrupts prior to finalization, the state shall be reimbursed by the child-placing agency in an amount calculated on a prorated basis based on length of time the child was in the home and the services provided; and (H) Providing payment to an agency which recruits, educates, or trains potential adoptive or foster parents for preparation in anticipation of adopting or fostering a special needs child. The board shall define the special needs child and set the payment amount by rule and regulation. Upon appropriate documentation of these preplacement services in a timely manner, payments as set by the board shall be made upon enrollment of each potential adoptive or foster parent for such services; (8) Staff development and recruitment programs through in-service training and educational scholarships for personnel as may be necessary to assure efficient and effective administration of the services and care for children and youths authorized in this article. The department is authorized to disburse state funds to match federal funds in order to provide qualified employees with graduate or postgraduate educational scholarships in accordance with rules and regulations adopted by the board pursuant to Article VIII, Section VII, Paragraph I of the Constitution of Georgia; (9) Miscellaneous services, such as providing all medical, hospital, psychiatric, surgical, or dental services or payment of the costs of such services as may be considered appropriate and necessary by competent medical authority to those children subject to the supervision and control of the department without securing prior consent of parents or legal guardians; (10) Preparation, education, and training for foster parents which will provide them with the appropriate knowledge and skills to provide for the needs of foster children, including knowledge and skills relating to the reasonable and prudent parent standard for the participation of the child in age or developmentally appropriate activities, and continue such preparation, as necessary, after the placement of the children. The department shall be authorized to require varying levels of initial and annual training based on the experience of the foster parents, the age and needs of the foster child or children, and whether the foster parents are providing only respite care. All or part of such training may be offered online;

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(11) Each youth who is leaving foster care by reason of having attained 18 years of age, unless the child has been in foster care for less than six months, with, if the child is eligible to receive such document, an official or certified copy of the United States birth certificate of the child, a social security card issued by the Commissioner of Social Security, health insurance information, a copy of the child's medical records, a driver's license or identification card issued by a state in accordance with the requirements of Section 202 of the REAL ID Act of 2005, and any official documentation necessary to prove that the child was previously in foster care. Provision of records in accordance with this paragraph shall not be considered a violation of subsection (b) of Code Section 49-5-40; and (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."

SECTION 5. Said chapter is further amended by adding a new Code section to read as follows:
"49-5-8.1. (a) As used in this Code section, the term:
(1) 'Caregiver' means a foster parent with whom a child in foster care has been placed. (2) 'Occasional' means once per week or less on varying days and not exceeding twice per month. (3) 'Short-term' means no more than 72 consecutive hours. (b) A caregiver may arrange for occasional short-term babysitting of a child in foster care placed with such caregiver and allow individuals age 18 or older to supervise such child for purposes including medical or other health care appointments for the caregiver, grocery or other shopping, personal grooming appointments, special occasions for the caregiver or caregivers, foster parent training classes, school related meetings, business meetings, adult social gatherings, or an occasional evening event out for the caregiver or caregivers. (c) A caregiver shall use a reasonable and prudent parent standard in selecting and arranging for appropriate babysitters for occasional short-term babysitting pursuant to this Code section. (d) A caregiver shall make all reasonable efforts to provide the babysitter with the following information before leaving the child with the babysitter for short-term babysitting: (1) Information about the child's emotional, behavioral, medical, and physical condition, if any, necessary to provide care for such child during the short-term babysitting period; (2) Any medication that should be administered to such child in foster care during the short-term babysitting period; and (3) Emergency contact information that is valid for the duration of the short-term babysitting period."

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

Approved June 30, 2020.

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RETIREMENT AND PENSIONS PEACE OFFICERS' ANNUITY AND BENEFIT FUND; REMOVE PROVISION TERMINATING BENEFITS TO SURVIVING SPOUSE UPON REMARRIAGE.

No. 467 (House Bill No. 245).

AN ACT

To amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options, payment to surviving spouse, requirements, effect of reemployment, effect of changes in retirement benefits, and payment on death of member relative to the Peace Officers' Annuity and Benefit Fund, so as to remove a provision that requires certain benefits payable to a surviving spouse to terminate if such surviving spouse remarries; 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 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options, payment to surviving spouse, requirements, effect of reemployment, effect of changes in retirement benefits, and payment on death of member relative to the Peace Officers' Annuity and Benefit Fund, is amended by revising subsection (e) as follows:
"(e) Under Option Two or Three, a retired member may revoke the election of any such option at any time after the entry of a final judgment of complete divorce from the retired member's spouse or the retired member may elect to continue under Option Two or Three for the benefit of the former spouse. Upon any such revocation, the retired member shall begin receiving the monthly retirement benefit which the retired member would have been entitled to receive under Option One. In the event any such retired member remarries after divorce from the former spouse and the retired member elected to revoke Option Two or Three as provided in this subsection, the retired member may elect to begin receiving the applicable reduced monthly retirement benefit of equivalent actuarial value and reestablish on behalf of the new spouse the same option which was applicable to the former spouse.

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Such actuarial equivalence shall be based on the age of the retired member and the age of the retired member's new spouse at the time of such election and shall be computed on the Mortality Table GA51, with projection, using interest at 6 percent per annum, with a five-year age setback for females and monthly payment annuity functions. The option on behalf of the new spouse may not be exercised until one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier."

SECTION 2. This Act shall become effective on July 1, 2020, 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, 2020, 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 June 30, 2020.

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DOMESTIC RELATIONS MOTOR VEHICLES AND TRAFFIC SERVICE OF CERTAIN NOTICES OF SUSPENSION OF DRIVER'S LICENSE; RECIPROCAL AGREEMENTS WITH FOREIGN COUNTRIES REGARDING LICENSING; SIGNATURE IN LIEU OF APPEARANCE; ELECTRONIC DISPLAY OF DRIVER'S LICENSE OR IDENTIFICATION.

No. 468 (House Bill No. 463).

AN ACT

To amend Article 1 of Chapter 11 of Title 19 and Title 40 of the Official Code of Georgia Annotated, relating to Child Support Recovery Act and motor vehicles and traffic, respectively, so as to provide for notice of suspension for a driver's license or privilege to operate a motor vehicle for noncompliance with a child support order or failure to respond to a citation, to be sent via certified mail or certificate of mailing; to provide authority for the commissioner of driver services to enter into certain reciprocal agreements with foreign countries or political subdivisions of foreign countries; to provide for an exemption from licensing upon production of certain licenses issued by foreign countries or political subdivisions of foreign countries; to provide for an exemption from certain testing

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requirements for individuals from foreign countries or political subdivisions of foreign countries having entered into reciprocal agreements; to provide for an exemption for signatures on traffic citations in lieu of personal court appearance; to provide for the issuance, use, and display of drivers' licenses and identification cards in electronic format; to provide for definitions; to provide for standards for issuance of drivers' licenses and personal identification cards; to provide that display of an electronic driver's license or identification card does not equate to consent to a search of a person's wireless telecommunications device; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to Child Support Recovery Act, is amended by revising subsection (g) of Code Section 19-11-9.3, relating to suspension or denial of license for noncompliance with child support order, interagency agreements, report to General Assembly, and duty to inform obligors, as follows:
"(g) If no response is received from the delinquent obligor by the department within 30 days from the date of mailing of the notice and the delinquent obligor is still shown as delinquent on the next month's certified list, the department shall request one or more licensing entities to deny or suspend a license of the delinquent obligor. Except as otherwise provided for in Code Section 40-5-54.1, each licensing entity shall notify the delinquent obligor by certified mail or statutory overnight delivery of the date that the license has been denied or suspended."

SECTION 1-2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-5-54.1, relating to denial or suspension of license for noncompliance with child support order, as follows:
"40-5-54.1. (a) As used in this Code section, the term:
(1) 'Agency' means the agency within the Department of Human Services which is responsible for enforcing orders for child support pursuant to this article. (2) 'Certificate of mailing' means a delivery method utilized by the United States Postal Service which provides evidence that an item has been sent and the date such item was accepted. (3) 'Compliance with an order for child support' means, as set forth in a court order, administrative order, or contempt order for child support, the obligor is not more than 60

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calendar days in arrears in making payments in full for current support, periodic payments on a support arrearage, or periodic payments on a reimbursement for public assistance. (4) 'Proof of compliance' means the notice of release issued by the agency or court of competent jurisdiction stating that the delinquent obligor is in compliance with an order for child support. (b) The department shall suspend, as provided in Code Sections 19-6-28.1 and 19-11-9.3, the license of any driver upon receiving a record from the agency or a court of competent jurisdiction stating that such driver is not in compliance with an order for child support. The department shall send notice of any suspension imposed pursuant to this Code section via certified mail or certificate of mailing to the address reflected on its records as the driver's mailing address. The mailing of such notice by the department shall be deemed conclusively to be notice to such driver of the suspension of his or her driver's license and shall be deemed to satisfy all notice requirements of law, and no further notice to the driver shall be required for the suspensions provided for in this Code section. (c) The suspension or denial of an application for issuance or renewal of a license shall be for an indefinite period and until such person shall provide proof of compliance with an order for child support. Such person's license shall be reinstated if the person submits proof of compliance with an order for child support from the agency or court of competent jurisdiction and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail for the return of his or her license. (d) Any person who receives notice from the agency that his or her license is subject to denial or suspension may request a hearing and appeal as provided for in Code Section 19-6-28.1 or 19-11-9.3. Notwithstanding any provisions of law to the contrary, the hearings and appeal procedures provided for in such Code sections shall be the only such procedures required for purposes of this Code section."

SECTION 1-3. Said title is further amended by revising subsection (a) of Code Section 40-5-56, relating to suspension of license or driving privilege for failure to respond to citation and reinstatement of license, as follows:
"(a) Notwithstanding any other provisions of this chapter or any other law to the contrary, the department shall suspend the driver's license or privilege to operate a motor vehicle in this state of any person who has failed to respond to a citation to appear before a court of competent jurisdiction in this state or in any other state for a traffic violation other than a parking violation. The department shall include language in the uniform traffic citation stating that failure to appear and respond to such citation shall result in the suspension of the violator's driver's license or nonresident driving privilege. The language reflected on a uniform traffic citation issued in this state shall be sufficient notice of said suspension to support a conviction for a violation of Code Section 40-5-121 if such person drives subsequent to the imposition of such a suspension following his or her failure to appear;

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provided, however, that the department shall send notice of any suspension imposed pursuant to this Code section via certified mail or certificate of mailing to the address reflected on its records as the person's mailing address. For purposes of this subsection, the term 'certificate of mailing' means a delivery method utilized by the United States Postal Service which provides evidence that an item has been sent and the date such item was accepted."

PART II. SECTION 2-1.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-2-88, relating to reciprocal agreements for registration of commercial vehicles on apportionment basis and registration under the International Registration Plan, by revising subsection (a) as follows:
"(a) In addition to and regardless of the provisions of Article 3 of this chapter or any other provisions of law relating to the operation of motor vehicles over the public highways of this state, the commissioner is authorized to enter into reciprocal agreements or plans on behalf of the State of Georgia with the appropriate authorities of any of the states of the United States, the District of Columbia, a state or province of any foreign country or any political subdivision of a foreign country, or a territory or possession of the United States or any foreign country or any political subdivision of a foreign country providing for the registration of commercial vehicles on an apportionment basis and may, in the exercise of this authority, enter and become a member of the International Registration Plan developed by the American Association of Motor Vehicle Administrators. Any such reciprocal agreement or plan may provide for but shall not be limited to the following provisions: (1) full reciprocity in accordance with such agreement or plan for commercial vehicles not based in Georgia, which vehicles are operated in interstate commerce or a combination of interstate and intrastate commerce and are of specified types or weights, in exchange for equivalent reciprocity for Georgia based commercial vehicles; (2) reciprocal exchange of audits of records of the owners of such commercial vehicles by the states participating in any such agreement or plan; and (3) any other matters which would facilitate the administration of such agreement or plan, including exchange of information for audits enforcement activities and collection and disbursement of proportional registration fees for other jurisdictions in the case of Georgia based commercial vehicles."

SECTION 2-2. Said title is further amended in Code Section 40-5-5, relating to authority of Governor to execute binding reciprocal agreements regarding operation of motor vehicles, publication of terms of agreements, rules and regulations, and exemption for certain foreign citizens, by revising subsection (c) as follows:

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"(c) The commissioner is authorized to negotiate and enter into an agreement with a foreign country or such political subdivision of a foreign country that exempts the citizens of such foreign country or such political subdivision of a foreign country from the knowledge test and the on-the-road driving test required in Code Section 40-5-27 so long as the citizen holds a valid driver's license of an equivalent class issued by such foreign country or such political subdivision of a foreign country; provided, however, that no such agreement shall be entered into unless the foreign country or the political subdivision of a foreign country offers the same reciprocity to persons holding a valid driver's license of an equivalent class issued by the State of Georgia and the commissioner determines that the laws of such foreign country or such political subdivision of a foreign country relating to the operation of motor vehicles are sufficiently similar to such laws of this state such that driving safety shall not be compromised; and provided, further, that no such agreement shall be entered into unless the Department of Economic Development has certified that persons or entities from such country or such political subdivision have made or are likely to make a substantial economic investment in this state that has or will lead to the substantial creation of jobs in this state. The provisions of this subsection notwithstanding, the commissioner shall not be authorized to enter into any reciprocal agreement with any foreign country or any political subdivision of a foreign country that is designated as a state sponsor of terrorism by the United States Department of State. The exemption provided for in this subsection shall not be an exemption from any other legal requirement for the issuance of a driver's license, including the requirement that the applicant demonstrate lawful presence within the United States in accordance with Code Sections 40-5-21.1 and 40-5-21.2. This subsection shall not apply to citizens of foreign countries or political subdivisions or foreign countries applying for a commercial driver's license or Class M driver's license."

SECTION 2-3. Said title is further amended in Code Section 40-5-21, relating to exemptions generally, by revising subsection (a) as follows:
"(a) Except as provided in Article 7 of this chapter, the 'Uniform Commercial Driver's License Act,' the following persons are exempt from licenses under this chapter:
(1) Any employee of the United States government while operating a motor vehicle owned by or leased to the United States government and which is being operated on official business, unless such employee is required by the United States government or any agency thereof to have a state driver's license; (2) A nonresident who has in his or her immediate possession a valid driver's license issued to him or her in his or her home state, country, or political subdivision of a foreign country; provided, however, that such person would otherwise satisfy all requirements to receive a Georgia driver's license; and provided, further, that in the case of a driver's license issued by the driver's licensing authority of a foreign country or political

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subdivision of a foreign country, a law enforcement officer may consult such person's passport or visa to verify the validity of such license, if available; (3) A nonresident on active duty in the armed forces of the United States who has a valid license issued by his or her home state, and such nonresident's spouse or dependent son or daughter who has a valid license issued by such person's home state; (4) Any person on active duty in the armed forces of the United States who has in his or her immediate possession a valid license issued in a foreign country or political subdivision of a foreign country by the armed forces of the United States, for a period of not more than 45 days from the date of his or her return to the United States; (5) Any inmate or resident patient of a state, county, or municipally owned institution who drives a vehicle while on the grounds of such institution and while accompanied by and under the direct personal supervision of a qualified driving instructor or of some other person duly authorized in writing to so accompany and supervise such inmate or resident patient; (6) Any person driving or operating a farm tractor or farm implement temporarily operated on a highway for the purpose of conducting farm business; (7) Any inmate of a state, county, or municipal prison, correctional institution, or jail while operating a motor vehicle owned by or leased to the state, county, or municipality and being operated with the written approval of the warden or superintendent and in such manner and for such purpose as may be specified by the warden or superintendent, provided that such inmate, within the 60 day period prior to the grant of written authority, has passed the vision, written, and driving tests required for licensing a citizen to operate such motor vehicle. The department shall give such tests and issue a certificate, without charge therefor, to any inmate passing such tests; (8) A member of the reserve components of the armed forces of the United States while operating a motor vehicle owned by or leased to the United States government and being operated in accordance with the duties of such member as a member of the reserve components of the armed forces; (9) Any person seeking to obtain a driver's license while taking the driving examination for such license accompanied by a driver license examiner of the department or a certified examining agent of the department; (10) Any migrant farm worker who works in this state less than 90 days in any calendar year and who possesses a valid driver's license issued by another state; (11) Any resident who is 15 years of age or over while taking actual in-car training in a training vehicle other than a commercial motor vehicle under the direct personal supervision of a driving instructor when such driving instructor and training vehicle are licensed by the department in accordance with the provisions of Chapter 13 of Title 43, 'The Driver Training School and Commercial Driver Training School License Act.' As used in the previous sentence, the term 'commercial motor vehicle' shall have the meaning specified in Code Section 40-5-142. All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual controlled brakes and shall

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be marked with signs in accordance with the rules of the department clearly identifying such vehicles as training cars belonging to a licensed driving school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the visual acuity and horizontal field of vision as is required for issuance of a driver's license in subsection (c) of Code Section 40-5-27; (12) Any person while operating a personal transportation vehicle:
(A) On any way publicly maintained for the use of personal transportation vehicles by the public and no other types of motor vehicles in accordance with a local ordinance adopted pursuant to Part 3 or 6 of Article 13 of Chapter 6 of this title; or (B) When crossing a street or highway used by other types of motor vehicles at a location designated for such crossing pursuant to subsection (d) of Code Section 40-6-331 or pursuant to a PTV plan authorized by a local authority as described in Part 6 of Article 13 of Chapter 6 of this title; and (13) A fully autonomous vehicle with the automated driving system engaged or the operator of a fully autonomous vehicle with the automated driving system engaged."

SECTION 2-4. Said title is further amended in Code Section 40-5-27, relating to examination of applicants, by revising paragraph (3) of subsection (a) as follows:
"(3) Neither the on-the-road driving test nor the knowledge test shall apply to: (A) An applicant 18 years of age and older with a valid and current license, or a license that has been expired for less than two years, issued by another state of the United States or the District of Columbia; or (B) An applicant who is a citizen of a foreign country or political subdivision of a foreign country with which the commissioner has entered into a reciprocal agreement pursuant to subsection (c) of Code Section 40-5-5."

SECTION 2-5. Said title is further amended in Code Section 40-13-2.1, relating to signature on citations required, effect of failure to sign, exemption for out-of-state drivers, and electronic capture of signature, by revising subsection (b) as follows:
"(b) The provisions of subsection (a) of Code Section 17-6-11 shall not apply to a person in possession of a driver's license issued by a state or foreign country or political subdivision of a foreign country that has not entered into a reciprocal agreement regarding the operation of motor vehicles with this state as provided in Chapter 5 of Title 40, which provides for the suspension of a driver's license by the other state or foreign country or political subdivision of a foreign country of a person who fails to appear for trial of a traffic offense committed in this state."

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PART III SECTION 3-1.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-1-1, relating to definitions, by revising paragraphs (15) and (24) and adding a new paragraph to read as follows:
"(15) 'Driver's license' means any license to operate a motor vehicle issued in either a physical or electronic format under the laws of this state." "(20.1) 'Identification card' means any document in either a physical or electronic format issued by the Department of Driver Services under the laws of this state for purposes of proving identity of the holder." "(24) 'License' or 'license to operate a motor vehicle' means any driver's license or any other license or permit to operate a motor vehicle issued in either a physical or electronic format under, or granted by, the laws of this state, including:
(A) Any temporary license or instruction permit; (B) The privilege of any person to drive a motor vehicle whether or not such person holds a valid license; and (C) Any nonresident's operating privilege as defined in this Code section."

SECTION 3-2. Said title is further amended in Code Section 40-5-28, relating to issuance of licenses, county tag agents, and Class E and Class F licenses for volunteer firefighters, by revising subsection (a) as follows:
"(a) Except as provided in subsection (c) of this Code section, the department shall, upon payment of the required fee, issue to every applicant qualifying therefor a driver's license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a photograph of the licensee, the licensee's full legal name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee. A license issued pursuant to this subsection shall be in a physical format and, upon election of the applicant, an additional electronic format which is capable of being viewed upon a wireless telecommunications device as such term is defined in Code Section 40-6-241. The department shall not require applicants to submit or otherwise obtain from applicants any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application."

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SECTION 3-3. Said title is further amended in Code Section 40-5-29, relating to license to be carried and exhibited on demand, by revising subsection (b) as follows:
"(b)(1) Every licensee shall display his or her license upon the demand of a law enforcement officer. When records of the department indicate that a license has been issued in an electronic format, a law enforcement officer may demand such display be made by physical format. In such instances, if a law enforcement officer demands display of the physical format, the licensee shall not be compelled to display an electronic format of his or her license nor release his or her wireless telecommunications device to the officer. A refusal to comply with such demand not only shall constitute a violation of this subsection but shall also give rise to a presumption of a violation of subsection (a) of this Code section and of Code Section 40-5-20. (2) Any person utilizing a wireless telecommunications device to display his or her license in electronic format in order to comply with subsection (a) of this Code section shall not be considered to have consented to a search of such device by a law enforcement officer. (3) For purposes of this subsection, the term 'wireless telecommunications device' shall have the same meaning as provided in Code Section 40-6-241."

SECTION 3-4. Said title is further amended in Code Section 40-5-100, relating to personal identification cards, contents, possession of more than one card prohibited, and optional contributions to and participation in voluntary programs, by revising subsection (a) as follows:
"(a) The department shall issue personal identification cards to any resident, as such term is defined in Code Section 40-5-1, who makes an application to the department in accordance with rules and regulations prescribed by the commissioner. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses, shall be in physical format and, upon election of the applicant, in an electronic format, and may contain a recent photograph of the applicant and include the following information:
(1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Sex; (6) Height; (7) Weight; (8) Eye color; (9) Signature of person identified or facsimile thereof;

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(10) Designation of participation in an anatomical gift donation program when such person is eligible to make such gift pursuant to Code Section 44-5-142; and (11) Such other information or identification as required by the department; provided, however, that the department shall not require an applicant to submit or otherwise obtain from an applicant any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application."

SECTION 3-5. Said title is further amended by adding a new Code section to read as follows:
"40-5-106. Any person utilizing a wireless telecommunications device as such term is defined in Code Section 40-6-241 to display his or her identification card in electronic format shall not be considered to have consented to a search of such device by a law enforcement officer."

PART IV SECTION 4-1.

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

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

Approved June 30, 2020.

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PUBLIC OFFICERS AND EMPLOYEES LIEUTENANT GOVERNOR; MEMBERS OF THE GENERAL ASSEMBLY; COMPENSATION.

No. 469 (Senate Bill No. 416).

AN ACT

To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost-of-living adjustments, so as to revise the compensation of the Lieutenant Governor; to revise the compensation of the members of the

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials and cost-of-living adjustments, is amended by revising paragraph (a)(2) as follows:
"(2) Lieutenant Governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $54,920.00 Notwithstanding any provision of law to the contrary, the annual salary for the Lieutenant Governor for the 2021 fiscal year shall be reduced by an amount equal to 14 percent of the amount received for such office during the 2020 fiscal year."

SECTION 2. Said Code section is further amended by revising subparagraph (a)(22)(A), which is reserved, as follows:
"(A) Notwithstanding any provision of law to the contrary, the annual salary for each member of the General Assembly for the 2021 fiscal year shall be reduced by an amount equal to 10 percent of the amount received for such office during the 2020 fiscal year."

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 July 14, 2020.

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INSURANCE CONSUMER PROTECTIONS AGAINST SURPRISE BILLINGS.

No. 470 (House Bill No. 888).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for certain consumer protections against surprise billing; to provide for a short title; to provide for applicability; to provide for definitions; to provide mechanisms to resolve payment disputes between insurers and out-of-network providers or facilities regarding the provision of healthcare services; to require the department to provide for the maintenance of an all-payer health claims data base; to establish an arbitration process; to require the Commissioner of Insurance to contract with one or more resolution organizations; to require the promulgation of department rules; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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

"CHAPTER 20E

33-20E-1. This chapter shall be known and may be cited as the 'Surprise Billing Consumer Protection Act.'

33-20E-2. (a) This chapter shall apply to all insurers providing a healthcare plan that pays for the provision of healthcare services to covered persons. (b) As used in this chapter, the term:
(1) 'Balance bill' means the amount that a nonparticipating provider charges for services provided to a covered person. Such amount equals the difference between the amount paid or offered by the insurer and the amount of the nonparticipating provider's bill charge, but shall not include any amount for coinsurance, copayments, or deductibles due by the covered person. (2) 'Contracted amount' means the median in-network amount paid during the 2017 calendar year by an insurer for the emergency or nonemergency services provided by in-network providers engaged in the same or similar specialties and provided in the same

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or nearest geographical area. Such amount shall be annually adjusted by the department for inflation which may be based on the Consumer Price Index, and shall not include Medicare or Medicaid rates. (3) 'Covered person' means an individual who is insured under a healthcare plan. (4) 'Emergency medical provider' means any physician licensed by the Georgia Composite Medical Board who provides emergency medical services and any other healthcare provider licensed or otherwise authorized in this state to render emergency medical services. (5) 'Emergency medical services' means medical services rendered after the recent onset of a medical or traumatic condition, sickness, or injury exhibiting acute symptoms of sufficient severity, including, but not limited to, severe pain, that would lead a prudent layperson possessing an average knowledge of medicine and health to believe that his or her condition, sickness, or injury is of such a nature that failure to obtain immediate medical care could result in:
(A) Placing the patient's health in serious jeopardy; (B) Serious impairment to bodily functions; or (C) Serious dysfunction of any bodily organ or part. (6) 'Facility' means a hospital, an ambulatory surgical treatment center, birthing center, diagnostic and treatment center, hospice, or similar institution. (7) 'Geographic area' means a specific portion of this state which shall consist of one or more zip codes as defined by the Commissioner pursuant to department rule and regulation. (8) 'Healthcare plan' means any hospital or medical insurance policy or certificate, healthcare plan contract or certificate, qualified higher deductible health plan, health maintenance organization or other managed care subscriber contract, or state healthcare plan. This term shall not include limited benefit insurance policies or plans listed under paragraph (3) of Code Section 33-1-2, air ambulance insurance, or policies issued in accordance with Chapter 21A or 31 of this title or Chapter 9 of Title 34, relating to workers' compensation, Part A, B, C, or D of Title XVIII of the Social Security Act (Medicare), or any plan or program not described in this paragraph over which the Commissioner does not have regulatory authority. Notwithstanding paragraph (3) of Code Section 33-1-2 and any other provision of this title, for purposes of this chapter this term shall include stand-alone dental insurance and stand-alone vision insurance. (9) 'Healthcare provider' or 'provider' means any physician, other individual, or facility other than a hospital licensed or otherwise authorized in this state to furnish healthcare services, including, but not limited to, any dentist, podiatrist, optometrist, psychologist, clinical social worker, advanced practice registered nurse, registered optician, licensed professional counselor, physical therapist, marriage and family therapist, chiropractor, athletic trainer qualified pursuant to Code Section 43-5-8, occupational therapist, speech-language pathologist, audiologist, dietitian, or physician assistant. (10) 'Healthcare services' means emergency or nonemergency medical services.

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(11) 'Insurer' means an entity subject to the insurance laws and regulations of this state, or subject to the jurisdiction of the Commissioner, that contracts, offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including those of an accident and sickness insurance company, a health maintenance organization, a healthcare plan, a managed care plan, or any other entity providing a health insurance plan, a health benefit plan, or healthcare services. (12) 'Nonemergency medical 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 an illness, injury, or other human physical problem which does not qualify as an emergency medical service and includes, but is not limited to:
(A) Hospital services which include the general and usual care, services, supplies, and equipment furnished by hospitals; (B) Medical services which include the general and usual care and services rendered and administered by doctors of medicine, dentistry, optometry, and other providers; and (C) Other medical services which, by way of illustration only and without limiting the scope of this chapter, include the provision of appliances and supplies; nursing care by a registered nurse; institutional services, including the general and usual care, services, supplies, and equipment furnished by healthcare institutions and agencies or entities other than hospitals; physiotherapy; 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 healthcare which does not qualify as an emergency medical service. (13) 'Out-of-network' refers to healthcare services provided to a covered person by providers or facilities who do not belong to the provider network in the healthcare plan. (14) 'Nonparticipating provider' means a healthcare provider who has not entered into a contract with a healthcare plan for the delivery of medical services. (15) 'Participating provider' means a healthcare provider that has entered into a contract with an insurer for the delivery of healthcare services to covered persons under a healthcare plan. (16) 'Resolution organization' means a qualified, independent, third-party claim dispute resolution entity selected by and contracted with the department. (17) 'State healthcare plan' means: (A) The state employees' health insurance plan established pursuant to Article 1 of Chapter 18 of Title 45; (B) The health insurance plan for public school teachers established pursuant to Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20; (C) The health insurance plan for public school employees established pursuant to Subpart 3 of Part 6 of Article 17 of Chapter 2 of Title 20; and

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(D) The Regents Health Plan established pursuant to authority granted to the board pursuant to Code Sections 20-3-31, 20-3-51, and 31-2-4. (18) 'Surprise bill' means a bill resulting from an occurrence in which charges arise from a covered person receiving healthcare services from an out-of-network provider at an in-network facility.

33-20E-3. (a) Nothing in this chapter shall be applicable to healthcare plans which are subject to the exclusive jurisdiction of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sec. 1001, et seq. (b) This chapter shall be applicable only to healthcare plans and state healthcare plans as defined in this chapter.

33-20E-4. (a) An insurer that provides any benefits to covered persons with respect to emergency medical services shall pay for such emergency medical services regardless of whether the healthcare provider or facility furnishing emergency medical services is a participating provider or facility with respect to emergency medical services, in accordance with this chapter:
(1) Without need for any prior authorization determination and without any retrospective payment denial for medically necessary services; and (2) Regardless of whether the healthcare provider or facility furnishing emergency medical services is a participating provider or facility with respect to emergency medical services. (b) In the event a covered person receives the provision of emergency medical services from a nonparticipating emergency medical provider, the nonparticipating provider shall collect or bill no more than such person's deductible, coinsurance, copayment, or other cost-sharing amount as determined by such person's policy directly and such insurer shall directly pay such provider the greater of: (1) The verifiable contracted amount paid by all eligible insurers subject to the provisions of this chapter for the provision of the same or similar services as determined by the department; (2) The most recent verifiable amount agreed to by the insurer and the nonparticipating emergency medical provider for the provision of the same services during such time as such provider was in-network with such insurer; or (3) Such higher amount as the insurer may deem appropriate given the complexity and circumstances of the services provided. Any amount that the insurer pays the nonparticipating provider under this subsection shall not be required to include any amount of coinsurance, copayment, or deductible owed by the covered person or already paid by such person.

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(c) A healthcare plan shall not deny benefits for emergency medical services previously rendered based upon a covered person's failure to provide subsequent notification in accordance with plan provisions, where the covered person's medical condition prevented timely notification. (d) For purposes of the covered person's financial responsibilities, the healthcare plan shall treat the emergency medical services received by the covered person from a nonparticipating provider or nonparticipating facility pursuant to this Code section as if such services were provided by a participating provider or participating facility, and shall include applying the covered person's cost-sharing for such services toward the covered person's deductible and maximum out-of-pocket limit applicable to services obtained from a participating provider or a participating facility under the healthcare plan. (e) In the event a covered person receives emergency medical services from a nonparticipating facility, the nonparticipating facility shall bill the covered person no more than such covered person's deductible, coinsurance, copayment, or other cost-sharing amount as determined by such person's policy directly. (f) All insurer payments made to providers pursuant to this Code section shall be in accord with Code Section 33-24-59.14. Such payments shall accompany notification to the provider from the insurer disclosing whether the healthcare plan is subject to the exclusive jurisdiction of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sec. 1001, et seq.

33-20E-5. (a) In accordance with Code Section 33-20E-7 and this chapter, an insurer that provides any benefits to covered persons with respect to nonemergency medical services shall pay for such services in the event that such services resulted in a surprise bill regardless of whether the healthcare provider furnishing nonemergency medical services is a participating provider with respect to nonemergency medical services. (b) In the event a covered person receives a surprise bill for the provision of nonemergency medical services from a nonparticipating medical provider, the nonparticipating provider shall collect or bill the covered person no more than such person's deductible, coinsurance, copayment, or other cost-sharing amount as determined by such person's policy directly and such insurer shall directly pay such provider the greater of:
(1) The verifiable contracted amount paid by all eligible insurers subject to the provisions of this chapter for the provision of the same or similar services as determined by the department; (2) The most recent verifiable amount agreed to by the insurer and the nonparticipating provider for the provision of the same services during such time as such provider was in-network with such insurer; or (3) Such higher amount as the insurer may deem appropriate given the complexity and circumstances of the services provided.

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Any amount that the insurer pays the nonparticipating provider under this subsection shall not be required to include any amount of coinsurance, copayment, or deductible owed by the covered person or already paid by such person. (c) For purposes of the covered person's financial responsibilities, the healthcare plan shall treat the nonemergency medical services received by the covered person from a nonparticipating provider pursuant to this Code section as if such services were provided by a participating provider, and shall include applying the covered person's cost-sharing for such services toward the covered person's deductible and maximum out-of-pocket limit applicable to services obtained from a participating provider under the healthcare plan. (d) All insurer payments made to providers pursuant to this Code section shall be in accord with Code Section 33-24-59.14. Such payments shall accompany notification to the provider from the insurer disclosing whether the healthcare plan is subject to the exclusive jurisdiction of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sec. 1001, et seq.

33-20E-6. No healthcare plan shall deny or restrict the provision of covered benefits from a participating provider to a covered person solely because the covered person obtained treatment from a nonparticipating provider leading to a balance bill. Notice of such protection shall be provided in writing to the covered person by the insurer.

33-20E-7. (a) Nothing in this chapter shall reduce a covered person's financial responsibilities in the event that such covered person chose to receive nonemergency medical services from an out-of-network provider. Such services shall not be considered a surprise bill for purposes of this chapter. (b) The covered person's choice described in subsection (a) of this Code section must:
(1) Be documented through such covered person's written and oral consent in advance of the provision of such services; and (2) Occur only after such person has been provided with an estimate of the potential charges. (c) If during the provision of nonemergency medical services, a covered person requests that the attending provider refer such covered person to another provider for the immediate provision of additional nonemergency medical services, such referred provider shall be exempt from the requirements in subsection (b) of this Code section if the following requirements are satisfied: (1) The referring provider advises the covered person that the referred provider may be a nonparticipating provider and may charge higher fees than a participating provider; (2) The covered person orally and in writing acknowledges that he or she is aware that the referred provider may be a nonparticipating provider and may charge higher fees than a participating provider;

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(3) The written acknowledgment referenced in paragraph (2) of this subsection shall be on a document separate from other documents provided by the referring provider and shall include language to be determined by the Commissioner through rule and regulation; and (4) The referring provider records the satisfaction of the requirements in paragraphs (1), (2), and (3) of this subsection in the covered person's medical file.

33-20E-8. (a) Subject to appropriation, the department shall provide for the maintenance of an all-payer health claims data base and maintain records of insurer payments which shall track such payments by a wide variety of healthcare services and by geographic areas of this state. Such appropriation must specifically reference this Act. The department shall update information in the all-payer health claims data base on no less than an annual basis and shall maintain such information on the department's website. (b) In the event that the appropriation described in subsection (a) of this Code section is not made, the department shall update information from such other verifiable data as the Commissioner shall determine appropriate on no less than an annual basis and shall maintain such information on the department's website.

33-20E-9. (a) If an out-of-network provider concludes that payment received from an insurer pursuant to Code Section 33-20E-4 or 33-20E-5 or if an out-of-network facility concludes that payment received from an insurer pursuant to Code Section 3-20E-4 is not sufficient given the complexity and circumstances of the services provided, the provider or facility may initiate a request for arbitration with the Commissioner. Such provider or facility shall submit such request within 30 days of receipt of payment for the claim and concurrently provide the insurer with a copy of such request. (b) A request for arbitration may involve a single patient and a single type of healthcare service, a single patient and multiple types of healthcare services, multiple patients and a single type of healthcare service, or multiple substantially similar healthcare services in the same specialty on multiple patients.

33-20E-10. The Commissioner shall dismiss certain requests for arbitration if the disputed claim is:
(1) Related to a healthcare plan that is not regulated by the state; (2) The basis for an action pending in state or federal court at the time of the request for arbitration; (3) Subject to a binding claims resolution process entered into prior to July 1, 2021; (4) Made against a healthcare plan subject to the exclusive jurisdiction of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sec. 1001, et seq.; or (5) In accord with other circumstances as may be determined by department rule.

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33-20E-11. Within 30 days of the insurer's receipt of the provider's or facility's request for arbitration, the insurer shall submit to the Commissioner all data necessary for the Commissioner to determine whether such insurer's payment to such provider or facility was in compliance with Code Section 33-20E-4 or 33-20E-5. The Commissioner shall not be required to make such a determination prior to referring the dispute to a resolution organization for arbitration.

33-20E-12. The Commissioner shall promulgate rules implementing an arbitration process requiring the Commissioner to select one or more resolution organizations to arbitrate certain claim disputes between insurers and out-of-network providers or facilities. Prior to proceeding with such arbitration, the Commissioner shall allow the parties 30 days from the date the Commissioner received the request for arbitration to negotiate a settlement. The parties shall timely notify the Commissioner of the result of such negotiation. If the parties have not notified the Commissioner of such result within 30 days of the date that the Commissioner received the request for arbitration, the Commissioner shall refer the dispute to a resolution organization within five days. The department shall contract with one or more resolution organizations by July 1, 2021, to review and consider claim disputes between insurers and out-of-network providers or facilities as such disputes are referred by the Commissioner.

33-20E-13. Upon the Commissioner's referral of a dispute to a resolution organization, the parties shall have five days to select an arbitrator by mutual agreement. If the parties have not notified the resolution organization of their mutual selection before the fifth day, the resolution organization shall select an arbitrator from among its members. Any selected arbitrator shall be independent of the parties and shall not have a personal, professional, or financial conflict with any party to the arbitration. The arbitrator shall have experience or knowledge in healthcare billing and reimbursement rates. He or she shall not communicate ex parte with either party.

33-20E-14. The parties shall have ten days after the selection of the arbitrator to submit in writing to the resolution organization each party's final offer and each party's argument in support of such offer. The parties' initial arguments shall be limited to written form and shall consist of no more than 20 pages per party. The parties may submit documents in support of their arguments. The arbitrator may require the parties to submit such additional written argument and documentation as the arbitrator determines necessary, but the arbitrator may require such additional filing no more than once. Such additional written argument shall be limited to no more than ten pages per party. The arbitrator may set filing times and

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extend such filing times as appropriate. Failure of either party to timely submit the supportive documentation described herein may result in a default against the party failing to make such timely submission.

33-20E-15. Each party shall submit one proposed payment amount to the arbitrator. The arbitrator shall pick one of the two amounts submitted and shall reveal that amount in the arbitrator's final decision. The arbitrator may not modify such selected amount. In making such a decision, the arbitrator shall consider the complexity and circumstances of each case, including, but not limited to, the level of training, education, and experience of the relevant physicians or other individuals at the facility who are licensed or otherwise authorized in this state to furnish healthcare services and other factors as determined by the Commissioner through rule. The arbitrator's final decision shall be in writing and shall describe the basis for such decision, including citations to any documents relied upon. Notwithstanding Code Section 33-20E-14, such decision shall be made within 30 days of the Commissioner's referral. Any default or final decision issued by the arbitrator shall be binding upon the parties and is not appealable through the court system.

33-20E-16. The party whose final offer amount is not selected by the arbitrator shall pay the amount of the verdict, the arbitrator's expenses and fees, and any other fees assessed by the resolution organization, directly to such resolution organization. In the event of default, the defaulting party shall also pay such moneys due directly to such organization. In the event that both parties default, the parties shall each be responsible for paying such organization one-half of all moneys due. Moneys due under this Code section shall be paid in full to the resolution organization within 15 days of arbitrator's final decision. Within three days of such organization's receipt of moneys due to the party whose final offer was selected, such moneys shall be distributed to such party.

33-20E-17. Following the resolution of arbitration, the Commissioner may refer the decision of the arbitrator to the appropriate state agency or the governing entity with governing authority over such provider or facility if the Commissioner concludes that a provider or facility has either displayed a pattern of acting in violation of this chapter or has failed to comply with a lawful order of the Commissioner or the arbitrator. Such referral shall include a description of such violations and the Commissioner's recommendation for enforcement action. Such state agency or governing entity shall initiate an investigation regarding such referral within 30 days of receiving such referral and shall conclude the investigation within 90 days of receiving such referral.

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33-20E-18. Once a request for arbitration has been filed with the Commissioner by a provider or facility under this chapter, neither such provider nor such facility nor the insurer in such dispute shall file a lawsuit in court regarding the same out-of-network claim.

33-20E-19. Each resolution organization contracted with by the department shall report to the department on a quarterly basis the results of all disputes referred to such organization as follows: the number of arbitrations filed, settled, arbitrated, defaulted, or dismissed during the previous calendar year and whether the arbitrators' decisions were in favor of the insurer or the provider or facility.

33-20E-20. On or before July 1, 2022, and each July 1 thereafter, the Commissioner shall provide a written report to the House Committee on Insurance and the Senate Insurance and Labor Committee, or their successor committees, and shall post the report on the department's website summarizing the number of arbitrations filed, settled, arbitrated, defaulted, and dismissed during the previous calendar year; and a description of whether the arbitration decisions were in favor of the insurer or the provider or facility.

33-20E-21. The arbitration conducted under this chapter shall be subject to neither Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' nor Chapter 11 of Title 9, the 'Georgia Civil Practice Act.'

33-20E-22. No nonparticipating provider shall report to any credit reporting agency any covered person who receives a surprise bill for the receipt of healthcare services from such provider and does not pay such provider any copay, coinsurance, deductible, or other cost-sharing amount beyond what such covered person would pay if such nonparticipating provider had been a participating provider.

33-20E-23. Nothing in this chapter shall reduce a covered person's financial responsibilities with regard to ground ambulance transportation."

SECTION 2. Said title is further amended in Code Section 33-6-34, relating to unfair claims settlement practices, by deleting "and" at the end of paragraph (13), by replacing the period with "; and" at the end of paragraph (14) and by adding a new paragraph to read as follows:

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"(15) Failure to comply with any insurer requirement in Chapter 20E of Title 33, the 'Surprise Billing Consumer Protection Act,' including the failure to pay a resolution organization as required under Code Section 33-20E-16."

SECTION 3. This Act shall become effective on January 1, 2021.

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

Approved July 16, 2020.

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HEALTH COUNTY AND MUNICIPAL HOSPITAL AUTHORITIES; PROCEEDS FROM SALE OF HOSPITAL; STANDARD OF INDIGENCY; INVESTMENTS.

No. 471 (Senate Bill No. 395).

AN ACT

To amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to revise the standard of indigency relating to portioning of proceeds from the sale or lease of a hospital by a hospital authority; to provide for additional methods for the investment of funds by hospital authorities which hold an irrevocable trust wherein the corpus exceeds certain amounts; 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 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, is amended by revising Code Section 31-7-75.1, relating to proceeds of sale of hospital held in trust to fund indigent hospital care, as follows:
"31-7-75.1. (a) The proceeds from any sale or lease of a hospital owned by a hospital authority or political subdivision of this state, which proceeds shall not include funds required to pay off the bonded indebtedness of the sold hospital or any expense of the authority or political subdivision attributable to the sale or lease, shall be held by the authority or political subdivision in an irrevocable trust fund. Such proceeds in that fund may be invested in the

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same way that public moneys may be invested generally pursuant to general law and as permitted under Code Section 31-7-83, but money in that trust fund shall be used exclusively for funding the provision of health care for the indigent residents of the political subdivision which owned the hospital or by which the authority was activated or for which the authority was created. If the funds available for a political subdivision in that irrevocable trust fund are less than $100,000.00, the principal amount may be used to fund the provision of indigent health care; otherwise, only the income from that fund may be used for that care. Such funding or reimbursement for indigent care shall not exceed the diagnosis related group rate for that hospital in each individual case. (b) In the event a hospital authority which sold or leased a hospital was activated by or created for more than one political subdivision or in the event a hospital having as owner more than one political subdivision is sold or leased by those political subdivisions, each such constituent political subdivision's portion of the irrevocable trust fund for indigent health care shall be determined by multiplying the amount of that fund by a figure having a numerator which is the population of that political subdivision and a denominator which is the combined population of all the political subdivisions which owned the hospital or by which or for which the authority was activated or created. (c) For purposes of health care for the indigent under this Code section, the standard of indigency shall be defined as income that is at or below 138 percent of the federal poverty level based on the poverty guidelines established by the United States Department of Health and Human Services. (d) This Code section shall not apply to the following actions:
(1) A reorganization or restructuring; (2) Any sale of a hospital, or the proceeds from that sale, made prior to April 2, 1986; and (3) Any sale or lease of a hospital when the purchaser or lessee pledges, by written contract entered into concurrently with such purchase or lease, to provide an amount of health care equal to that which would have otherwise been available pursuant to subsections (a), (b), and (c) of this Code section for the indigent residents of the political subdivisions which owned the hospital, by which the hospital authority was activated, or for which the authority was created. However, the exception to this Code section provided by this paragraph shall only apply to:
(A) Hospital authorities that operate a licensed hospital pursuant to a lease from the county which created the appropriate authority; (B) Hospitals that have a bed capacity of more than 150 beds; (C) Hospitals located in a county in which no other medical-surgical licensed hospital is located; (D) Hospitals located in a county having a population of less than 45,000 according to the United States decennial census of 1990; and (E) Hospitals operated by a hospital authority that entered into a lease-purchase agreement between such hospital and a private corporation prior to July 1, 1997."

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SECTION 2. Said article is further amended by revising Code Section 31-7-83, relating to investment of surplus moneys and moneys received through issuance of revenue certificates, as follows:
"31-7-83. (a) Pending use for the purpose for which received, each hospital authority created by and under this article is authorized and empowered to invest all moneys or any part thereof received through the issuance and sale of revenue certificates of the authority in any securities which are legal investments or which are provided for in the trust indenture securing such certificates or other legal investments; provided, however, that such investments shall be used at all times while held, or upon sale, for the purposes for which the money was originally received and no other. Contributions or gifts received by any authority shall be invested as provided by the terms of the contribution or gift or in the absence thereof as determined by the authority. (b) In addition to the authorized investments in subsection (a) of this Code section and in Code Section 36-83-4, hospital authorities that have ceased to own or operate medical facilities for a minimum of seven years, have paid off all bonded indebtedness and outstanding short-term or long-term debt obligations, and hold more than $20 million in funds for charitable health care purposes may invest a maximum of 30 percent of their funds in the following:
(1) Shares of mutual funds registered with the Securities and Exchange Commission of the United States under the Investment Company Act of 1940, as amended; and (2) Commingled funds and collective investment funds maintained by state chartered banks or trust companies or regulated by the Office of the Comptroller of the Currency of the United States Department of the Treasury, including common and group trusts, and, to the extent the funds are invested in such collective investment funds, the funds shall adopt the terms of the instruments establishing any group trust in accordance with applicable United States Internal Revenue Service Revenue Rulings. (c) In addition to the authorized investments in subsection (a) of this Code section and in Code Section 36-83-4, hospital authorities that have paid off all bonded indebtedness and outstanding short-term or long-term debt obligations and hold an irrevocable trust wherein the corpus of such trust is $75 million or more, irrespective of the source of the funds held in the corpus, may invest a maximum of 30 percent of their funds in the following: (1) Shares of mutual funds registered with the Securities and Exchange Commission of the United States under the Investment Company Act of 1940, as amended; and (2) Commingled funds and collective investment funds maintained by state chartered banks or trust companies or regulated by the Office of the Comptroller of the Currency of the United States Department of the Treasury, including common and group trusts, and, to the extent the funds are invested in such collective investment funds, the funds shall adopt the terms of the instruments establishing any group trust in accordance with applicable United States Internal Revenue Service Revenue Rulings.

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(d) In addition to the authorized investments in subsection (a) of this Code section and in Code Section 36-83-4, hospital authorities that hold an irrevocable trust wherein the corpus of such trust is $100 million or more may invest its funds, subject to all the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of Title 47, the 'Public Retirement Systems Investment Authority Law' for large retirement systems, provided that:
(1) The trust investments held by the hospital authority are managed by one or more independent professional investment managers recognized by the National Association of Securities Dealers and the United States Securities and Exchange Commission and which adhere to the code of ethical standards and conduct of the Association for Investment Management and Research; and (2) The trust investments are limited to those equities of investment grade quality or better, provided that leverage techniques, option techniques, futures, commodities, private placements, and direct participation plans may not be used when making equity investments."

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

Approved July 16, 2020.

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INSURANCE CRITERIA FOR COPAYMENTS IN CERTAIN HEALTH BENEFIT PLANS.

No. 472 (Senate Bill No. 28).

AN ACT

To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, so as to establish criteria for copayments in certain health benefit plans; 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 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance generally, is amended by adding a new Code section to read as follows:

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"33-24-59.25. (a) As used in this Code section, the term 'health benefit plan' means any hospital, health, or medical expense insurance policy, hospital or medical service contract, employee welfare benefit plan, contract or agreement with a health maintenance organization, subscriber contract or agreement, preferred provider organization, accident and sickness insurance benefit plan, or other insurance contract under any other name. The term shall include any health insurance plan established under Article 1 of Chapter 18 of Title 45. (b) In all health benefit plans issued, delivered, or renewed in this state, copayments shall be reasonable in relation to the covered benefits to which they apply, shall serve as an incentive rather than a barrier to access appropriate care, and shall not work so as to unfairly deny necessary healthcare services."

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

Approved July 16, 2020.

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SOCIAL SERVICES MEDICAID COVERAGE FOR LACTATION CARE AND SERVICES.

No. 473 (House Bill No. 1114).

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 for Medicaid coverage for lactation care and services and postpartum care; to provide for submission of a state plan amendment or waiver, if necessary; to provide for related matters; to provide for contingent effectiveness; 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 by adding a new Code section to read as follows:
"49-4-159. (a) The department shall provide Medicaid coverage for:

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(1) Lactation care and services, as defined in paragraph (5) of Code Section 43-22A-3, to pregnant and lactating women and to children who are breastfeeding or receiving their mother's milk; and (2) Postpartum care for mothers for a period of six months following the date the woman gives birth. (b) If necessary to implement the provisions of this Code section, the department shall submit a Medicaid state plan amendment or waiver request to the United States Department of Health and Human Services."

SECTION 2. This Act shall become effective only upon the effective date of a specific appropriation of funds for purposes of this Act, as expressed in a line item making specific reference to such Act in a General Appropriations Act enacted by the General Assembly.

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

Approved July 16, 2020.

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CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS PROFESSIONS AND BUSINESSES PRACTICE OF PODIATRIC MEDICINE.

No. 474 (House Bill No. 932).

AN ACT

To amend Chapter 7 of Title 14 and Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to professional corporations and the "Georgia Podiatry Practice Act," respectively, so as to change certain provisions relating to podiatric medicine and surgery; to provide for Doctors of Podiatric Medicine to join professional corporations with Doctors of Medicine or Doctors of Osteopathy; to revise a definition; to revise provisions relating to eligibility for licensure as a Doctor of Podiatric Medicine; to provide authority for the State Board of Podiatry Examiners to conduct fingerprint based criminal background checks; to provide for procedures, liability, and confidentiality; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 7 of Title 14 of the Official Code of Georgia Annotated, relating to professional corporations, is amended by revising subsection (a) of Code Section 14-7-4, relating to professional services, as follows:
"(a) A professional corporation may practice only one profession, but for the purpose of this chapter:
(1) The practice of architecture, professional engineering, and land surveying shall be considered the practice of only one profession to the extent that existing laws permit overlapping practices by members of those specific professions not inconsistent with the ethics of the professions involved; (2) To the extent not inconsistent with the ethics of the professions involved or otherwise prohibited by law, physicians specializing in ophthalmology who are practicing within their scope of practice as established by law may organize and jointly own a professional corporation with optometrists who are practicing within their scope of practice as established by law; provided, however, that nothing in this paragraph shall authorize optometrists to attach the title 'physician' to such optometrists' names or to the name of the professional corporation; and (3) To the extent not inconsistent with the ethics of the professions involved or otherwise prohibited by law, Doctors of Podiatric Medicine who are practicing within their scope of practice as established by law may organize and jointly own a professional corporation with any Doctors of Medicine or Doctors of Osteopathy who are practicing within their own scope of practice as established by law."

SECTION 2. Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to the "Georgia Podiatry Practice Act," is amended by revising paragraph (5) of Code Section 43-35-3, relating to definitions, as follows:
"(5) 'Podiatric medicine,' which includes chiropody, podiatry, and podiatric medicine and surgery, means that portion of the practice of medicine identified by the acts described in any one or more of the following:
(A) Charging a fee or other compensation, either directly or indirectly, for any history or physical examination of a patient in a person's office or in a hospital, clinic, or other similar facility prior to, incident to, and necessary for the diagnosis and treatment, by primary medical care, surgical or other means, of diseases, ailments, injuries, cosmetic conditions, or abnormal conditions of the human foot and leg. As used in this subparagraph, the term 'cosmetic' means a surgical or medical procedure intended to enhance the physical appearance or function of the foot, ankle, or leg, including, but not limited to, skin problems such as blemishes, spider veins, and scar revisions; (B) Holding oneself out to the public, either directly or indirectly, as being engaged in the practice of podiatric medicine;

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(C) Displaying or using a title or abbreviation such as 'Doctor of Podiatric Medicine,' 'D.P.M.,' 'Foot Doctor,' 'Foot Specialist,' 'Foot Surgeon,' 'Foot and Ankle Surgeon,' or other letters, designations, or symbols or signs of any type which expressly or implicitly indicate to the general public that the user renders treatment to the foot, ankle, and leg under the provisions of this chapter; (D) Performing surgery on the foot or leg of a patient, except that when such surgery is performed under general anesthesia it shall be permissible only when said surgery is performed at a facility permitted and regulated as a hospital or ambulatory surgical treatment center under Article 1 of Chapter 7 of Title 31 and when said general anesthesia is administered under the direction of a duly licensed physician; (E) Performing amputations of the toe; or (F) Performing amputations distal to and including the tarsometatarsal joint but only when performed in a facility permitted and regulated as a hospital or ambulatory surgical treatment center under Article 1 of Chapter 7 of Title 31."

SECTION 3. Said chapter is further amended by revising Code Section 43-35-12, relating to eligibility for license, as follows:
"43-35-12. A license to practice podiatric medicine shall be issued to any person who:
(1) Is a graduate of an accredited college of podiatric medicine approved by the board; (2) Holds a doctoral degree or its equivalent; (3) Satisfactorily passes a board approved examination, if an examination is required by the board; (4) Successfully completes postdoctoral training of no less than 12 months as a resident in podiatric medicine and surgery in a program or institution approved by, and in good standing with, the board; (5) Has attained the age of 21 years; (6) Has satisfactory results, as determined by the board, from a criminal background check conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation pursuant to Code Section 43-35-12.1; (7) Is not disqualified to receive a license under the provisions of Code Section 43-35-16; and (8) Pays the required fee to the board."

SECTION 4. Said chapter is further amended by adding a new Code section to read as follows:
"43-35-12.1. Any applicant for a license or renewal shall have satisfactory results from a fingerprint records check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this

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chapter shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such criminal background check."

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

Approved July 16, 2020.

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INSURANCE SURPRISE BILL RATING SYSTEM.

No. 475 (House Bill No. 789).

AN ACT

To amend Chapter 20C of Title 33 of the Official Code of Georgia Annotated, relating to accurate provider directories, so as to provide for the creation of a surprise bill rating system based upon the number of certain types of hospital based physician specialty groups within a health insurer's network; to provide for definitions; to provide for a requirement that insurers include health benefit plan surprise bill ratings online and in print provider directories; to provide for a requirement that each insurer that advertises any health benefit plan shall disclose such surprise bill rating within such advertisement; 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. This Act shall be known and may be cited as the "Surprise Bill Transparency Act."

SECTION 2. Chapter 20C of Title 33 of the Official Code of Georgia Annotated, relating to accurate provider directories, is amended by revising Code Section 33-20C-1, relating to definitions, as follows:
"33-20C-1. As used in this chapter, the term:

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(1) 'Covered person' means a policyholder, subscriber, enrollee, or other individual participating in a health benefit plan. (2) 'Facility' means an institution providing physical, mental, or behavioral health care services or a healthcare setting, including, but not limited to, hospitals; licensed inpatient centers; ambulatory surgical centers; skilled nursing facilities; residential treatment centers; diagnostic, treatment, or rehabilitation centers; imaging centers; and rehabilitation and other therapeutic health settings. (3) 'Health benefit plan' means a policy, contract, certificate, or agreement entered into, offered by, or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including a standalone dental plan. (4) 'Health benefit plan surprise bill rating' means the number of checkmarks and X-marks between zero and four that a health benefit plan's in-network hospital has earned based upon the number of qualified hospital based specialty group types with which such health benefit plan is contracted for the provision of healthcare services. Each checkmark indicates the presence of a in-network particular type of qualified hospital based specialty group. An X-mark indicates the absence of an in-network particular type of qualified hospital based specialty group. If a hospital does not provide one of the qualified hospital based specialties, the absence of that specialty shall be designated by a green N/A mark. Any color advertisement which includes a health benefit plan surprise bill rating shall use green checkmarks, red X-marks, and green N/A marks. (5) 'Healthcare professional' means a physician or other healthcare practitioner licensed, accredited, or certified to perform specified physical, mental, or behavioral healthcare services consistent with his or her scope of practice under state law. (6) 'Healthcare provider' or 'provider' means a healthcare professional, pharmacy, or facility. (7) 'Healthcare services' means services for the diagnosis, prevention, treatment, cure, or relief of a physical, mental, or behavioral health condition, illness, injury, or disease, including mental health and substance abuse disorders. (8) 'Insurer' means an entity subject to the insurance laws and regulations of this state, or subject to the jurisdiction of the Commissioner, that contracts, offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including an accident and sickness insurance company, a health maintenance organization, a healthcare plan, or any other entity providing a health insurance plan, a health benefit plan, or healthcare services. (9) 'Network' means the group or groups of participating healthcare providers providing services under a network plan. (10) 'Network plan' means a health benefit plan of an insurer that either requires a covered person to use healthcare providers managed by, owned by, under contract with, or employed by the insurer or that creates incentives, including financial incentives, for a covered person to use such healthcare providers.

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(11) 'Qualified hospital based specialty group' means a medical group of anesthesiologists, pathologists, radiologists, or emergency medicine physicians. (12) 'Standalone dental plan' means a plan of an insurer that provides coverage substantially all of which is for treatment of the mouth, including any organ or structure within the mouth, which is provided under a separate policy, certificate, or contract of insurance or is otherwise not an integral part of a group benefit plan. (13) 'Tiers' or 'tiered network' means a network that identifies and groups some or all types of providers and facilities into specific groups to which different provider reimbursement, covered person cost sharing, or provider access requirements, or any combination thereof, apply for the same services."

SECTION 2. Said chapter is further amended by revising Code Section 33-20C-4, relating to information and searchable format for directories and exclusion for dental plans, as follows:
"33-20C-4. (a) The insurer shall make available through an online provider directory, for each network plan, the following information, in a searchable format:
(1) For healthcare professionals: (A) Name; (B) Gender; (C) Contact information; (D) Participating office location or locations; (E) Specialty, if applicable; (F) Board certifications, if applicable; (G) Medical group affiliations, if applicable; (H) Participating facility affiliations, if applicable; (I) Languages spoken other than English by the healthcare professional or clinical staff, if applicable; (J) Tier; and (K) Whether they are accepting new patients;
(2) For hospitals: (A) Hospital name; (B) Hospital type, such as acute, rehabilitation, children's, or cancer; (C) Participating hospital location; (D) Hospital accreditation status; (E) Telephone number; and (F) Health benefit plan surprise bill rating; and
(3) For facilities other than hospitals: (A) Facility name; (B) Facility type; (C) Types of services performed;

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(D) Participating facility location or locations; and (E) Telephone number. (b) Paragraphs (2) and (3) of subsection (a) of this Code section shall not apply to standalone dental plans."

SECTION 3. Said chapter is further amended by revising Code Section 33-20C-5, relating to printed directories, accuracy, and application to stand-alone dental plans, as follows:
"33-20C-5. (a) The insurer shall make available in print, upon request, the following provider directory information for the applicable network plan:
(1) For healthcare professionals: (A) Name; (B) Contact information; (C) Participating office location or locations; (D) Specialty, if applicable; (E) Languages spoken other than English, if applicable; and (F) Whether accepting new patients;
(2) For hospitals: (A) Hospital name; (B) Hospital type, such as acute, rehabilitation, children's, or cancer; (C) Participating hospital location and telephone number; and (D) Health benefit plan surprise bill rating; and
(3) For facilities other than hospitals: (A) Facility name; (B) Facility type; (C) Types of services performed; and (D) Participating facility location or locations and telephone number.
(b) The insurer shall include a disclosure in the print directory that the information in subsection (a) of this Code section and included in the directory is accurate as of the date of printing and that covered persons or prospective covered persons should consult the insurer's electronic provider directory on its website or call a specified customer service telephone number to obtain current provider directory information. (c) Paragraphs (2) and (3) of subsection (a) of this Code section shall not apply to standalone dental plans."

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SECTION 4. Said chapter is further amended by adding a new Code section to read as follows:
"33-20C-7. (a) Each insurer that advertises or designates any hospital as in-network shall be required to disclose the relevant health benefit plan surprise bill rating within such advertisement, notwithstanding the type or form of such advertisement. (b) If a health benefit plan surprise bill rating is less than four checkmarks, each insurer advertising a hospital as in-network shall describe which qualified hospital based specialty group types are not contracted with such health benefit plan. (c) The Commissioner may promulgate rules and regulations which require insurers to provide explanatory footnotes to each health benefit plan surprise bill rating in such special circumstances as the Commissioner may determine to be appropriate. (d) If an insurer processes a claim on a covered person from an out-of-network qualified hospital based specialty group provider at out-of-network rates, such insurer shall update the relevant health benefit plan surprise bill rating within 30 days to reflect any necessary reduction in such rating. (e) The Commissioner may submit an annual report to the House Committee on Insurance and the Senate Insurance and Labor Committee beginning January 1, 2022. Such report may include such aggregate data as the Commissioner determines beneficial to share with such committees."

SECTION 5. This Act shall become effective November 1, 2020.

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

Approved July 16, 2020.

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SOCIAL SERVICES REVIEW OF CERTAIN DATA WITH REGARD TO PERSONS SEEKING TO BECOME VOLUNTEERS, INTERNS, STUDENTS, OR EMPLOYEES OF DEPARTMENT OF HUMAN SERVICES.

No. 476 (House Bill No. 578).

AN ACT

To amend Article 1 of Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Human Services, so as to provide for the review of certain law enforcement conviction data with regard to persons seeking to become volunteers, interns, students, or employees; 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 49 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Human Services, is amended by revising Code Section 49-2-14, relating to record search for conviction data on prospective employees, as follows:
"49-2-14. (a) As used in this Code section, the term 'conviction data' means a record of a finding or verdict of guilty or 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. (b) The department may receive from any law enforcement agency conviction data that is relevant to a person whom the department or its contractors is considering as a final selectee for employment or to serve as a volunteer, intern, or student in a position the duties of which involve direct care, treatment, custodial responsibilities, access to confidential or legally protected systems or information, or any combination thereof for its clients or for administrative support functions. Further, the department or any licensed child-placing agency, designated by the department to assist it in preparing studies of homes in which children in its custody may be placed, may receive from any law enforcement agency conviction data that is relevant to any adult person who resides in a home where children in the custody of the department may be placed. (c) The department shall establish a uniform method of obtaining conviction data under subsection (a) of this Code section which shall be applicable to the department and its contractors. Such uniform method shall require the submission to the Georgia Crime Information Center of fingerprints and the records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall

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promptly transmit fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its own records and records to which it has access. After receiving the fingerprints and fee, the Georgia Crime Information Center shall notify the department in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. (d) All conviction data received shall be for the exclusive purpose of making employment decisions; or determining the fitness and suitability to provide services to the department or its contractors in the capacity of an employee, volunteer, intern, or student; or decisions concerning children in the custody of the department or who are the subjects of a child protective services referral, complaint, or investigation and shall be privileged and shall not be released or otherwise disclosed to any other person or agency. Immediately following the employment decisions or upon receipt of the conviction data concerning any adult person who has contact with a child who is the subject of a child protective services referral, complaint, or investigation or who resides in a home where children in the custody of the department may be placed, all such conviction data collected by the department or the licensed child-placing agency shall be maintained by the department or child-placing agency pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. Penalties for the unauthorized release or disclosure of any conviction data shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as is applicable. (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. (f) The department may promulgate written rules and regulations to implement the provisions of this Code section. (g) The department may receive from any law enforcement agency criminal history information, including arrest and conviction data, and any and all other information which it may be provided pursuant to state or federal law which is relevant to any adult person who resides in a home where children in the custody of the department have been or may be placed or which is relevant to any adult person who resides in the home of or provides care to a child who is the subject of a child protective services referral, complaint, or investigation to the fullest extent permissible by federal and state law, including but not limited to Public Law 92-544. The department shall establish a uniform method of obtaining criminal history information under this subsection. Such method shall require the submission to the Georgia Crime Information Center of fingerprints together with any required records search fee in accordance with Code Section 35-3-35. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit the fingerprints submitted by the department to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its own records and records to which it has access. Such method shall also permit the submission of the

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names alone of such adult persons to the proper law enforcement agency when the department is considering placement of a child in exigent circumstances for a name based check of such adult person's criminal history information as maintained by the Georgia Crime Information Center and the Federal Bureau of Investigation. In such exigent circumstances, the department shall submit fingerprints of those adult persons in the placement home, together with any required records search fee, to the Federal Bureau of Investigation within 15 calendar days of the date of the name based check on that person. The fingerprints shall be forwarded to the Federal Bureau of Investigation through the Georgia Crime Information Center in accordance with Code Section 35-3-35. Following the submission of such fingerprints, the department may receive the criminal history information, including arrest and conviction data, relevant to such person. In the event that a child has been placed in exigent circumstances, a name based records search has been requested for any adult person of the placement household, and that adult refuses to provide fingerprints after being requested to do so by the department, the child shall be immediately removed from the placement household by the department, provided that the child is in the custody of the department. (h) The department shall be authorized to conduct a name or descriptor based check of any adult person's criminal history information, including arrest and conviction data, and other information from the Georgia Crime Information Center regarding any adult person who resides in a home where children in the custody of the department have been or may be placed or which is relevant to any adult person who resides in the home of or provides care to a child who is the subject of a child protective services referral, complaint, or investigation without the consent of such adult person and without fingerprint comparison to the fullest extent permissible by federal and state law. (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. 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 July 16, 2020.

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PROFESSIONS AND BUSINESSES TEMPORARY LICENSES FOR DENTISTS AND DENTAL HYGIENISTS UNDER CERTAIN CONDITIONS.

No. 477 (House Bill No. 521).

AN ACT

To amend Article 2 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for the practice of dentistry, so as to authorize temporary, limited licenses for dentists and dental hygienists licensed in good standing in other states to provide free dental care to low-income patients in this state on a volunteer basis; to provide for definitions; to provide for requirements; to provide for applications; to provide for background checks; to provide for direct supervision; to provide for notice by the hosting entity; to provide for length of validity of licenses; to provide for liability; to provide for rules and regulations; 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 11 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for the practice of dentistry, is amended by adding a new Code section to read as follows:
"43-11-53. (a) As used in this Code section, the term:
(1) 'Charitable dental event' means a board approved charitable dental clinic or board approved continuing education course for dentists or dental hygienists provided by a hosting entity meeting the requirements of this Code section in which all dental procedures and treatment are provided to low-income patients at no cost to the patients. (2) 'Hosting entity' means:
(A) Any dental education school approved by the Commission on Dental Accreditation of the American Dental Association; (B) A nonprofit dental or dental hygiene association or organization; or (C) A for profit dental continuing education organization. A hosting entity must be registered and authorized to conduct business in Georgia. (3) 'Low-income' shall have the same meaning as in Code Section 31-8-192. (4) 'Unrestricted' means that no restrictions have been placed on the applicant's license by any state dental board, no sanctions or disciplinary actions have been imposed by any

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state dental board on the applicant, and the applicant is not under probation or suspension by any state dental board. (b) The board may issue in its discretion a temporary, limited license to allow a qualifying, non-Georgia licensed dentist or dental hygienist to engage in the lawful practice of dentistry or dental hygiene in Georgia on a volunteer basis under the direct supervision of a Georgia licensed dentist, provided that such treatment is rendered at charitable dental events. (c) In issuing such licenses, the board shall observe the following criteria: (1) Dentists and dental hygienists practicing under this license shall only treat low-income patients; (2) Dentists and dental hygienists practicing under this license shall only treat low-income patients at:
(A) Free and charitable dental events; (B) Dental clinics located at sites approved by the Commission on Dental Accreditation of the American Dental Association; or (C) A private dental office owned by a Georgia licensed dentist in good standing with the board; and (3) The qualifying dentist or dental hygienist shall: (A) Possess an unrestricted licensed to practice dentistry or dental hygiene in any licensing jurisdiction in the United States and be in good standing with said licensing jurisdiction;
(B)(i) Be retired from the practice of dentistry or dental hygiene and not currently engaged in such practice either full time or part time and, prior to retirement, maintained an unrestricted license to practice dentistry or dental hygiene in good standing with the applicant's licensing jurisdiction; or (ii) Possess a license issued by the board pursuant to Code Section 43-11-42; and (C) Have been issued a license by a licensing jurisdiction following the successful completion of a clinical licensing examination. (d) A dentist or dental hygienist shall submit an application for a temporary, limited license to the board at least 30 calendar days prior to the date on which the dentist or dental hygienist seeks to practice dentistry or dental hygiene in this state pursuant to this Code section and shall pay the applicable licensing fee to the board. The board shall not require the passage of a jurisprudence examination on the laws of this state and rules and regulations as they relate to the practice of dentistry or dental hygiene in this state, nor shall it require the applicant to submit a statement from a physician attesting to the applicant's physical and mental capacity. The following documents shall be submitted with the application: (1) Proof of good standing with the dentist's or dental hygienist's professional licensing board or, in the case of a retired dentist or dental hygienist, the date on which the dentist or dental hygienist surrendered his or her license to practice dentistry or dental hygiene

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and a sworn affidavit certifying that his or her license was in good standing on the date he or she surrendered the license; (2) Proof of current cardiopulmonary resuscitation certification; (3) A National Practitioner Data Bank report dated within four months of the submission date of the application; provided, however, that this shall not apply to applicants who graduated from dental school or dental hygiene school within the previous six months; (4) Proof of current dental malpractice insurance and all coverage limits, if applicable; (5) A certifying statement from the hosting entity of the charitable dental event that all dental procedures shall be performed on a free and uncompensated basis to low-income patients; and (6) A statement from the applicant expressly agreeing that any violations of Georgia law and applicable board rules and regulations while engaging in the lawful practice of dentistry or dental hygiene under a license issued pursuant to this Code section shall be reported to that dentist's or dental hygienist's professional licensing board in his or her jurisdiction for enforcement and the imposition of sanctions as determined by such board. (e) Application for a license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check. (f)(1) Dentists or dental hygienists holding a license issued pursuant to this Code section shall be authorized to practice dentistry or dental hygiene at charitable dental events under the direct supervision of at least one Georgia licensed dentist in good standing who possesses an unrestricted license to practice dentistry in this state. However, no such Georgia licensed dentist shall be allowed to supervise more than four non-Georgia licensed dentists or four non-Georgia licensed dental hygienists at a charitable dental event pursuant to this Code section. (2) Under no circumstances shall any dentists holding a license issued pursuant to this Code section be allowed to authorize the performance of dental hygiene functions under general supervision pursuant to Code Section 43-11-74. (3) Licenses issued pursuant to this Code section shall be valid for no more than five consecutive calendar days during a charitable dental event; provided, however, that a license issued under this Code section to a dentist who also holds a dental faculty license in good standing issued pursuant to Code Section 43-11-42 shall be valid for no more than five nonconsecutive days. (4) Dentists or dental hygienists holding a license issued pursuant to this Code section shall be prohibited from applying for another license pursuant to this Code section for a period of six months from the expiration date of the previous license issued by the board pursuant to this Code section.

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(5) If unforeseen circumstances beyond the reasonable control of a licensee under this Code section prevents the licensee from participating in the charitable dental event, the board shall have the authority to alter or amend the dates for which the license shall be valid, provided that the license holder files a written petition to the board no more than seven calendar days prior to the date of the subsequent charitable dental event. (g) At least 60 calendar days prior to the date of the charitable dental event, the hosting entity shall submit to the board: (1) The name and business address of the hosting entity; (2) Proof that the hosting entity is authorized to conduct business in the State of Georgia; (3) Proof of the hosting entity's liability coverage, if applicable; (4) Proof of the board's approval of the charitable dental event; (5) The name, business address, and license number of each Georgia licensed dentist supervising the licensees of the charitable dental event pursuant to this Code section; (6) The name and business address of the Georgia licensed dentist or dental clinic responsible for providing follow-up care to patients no less than 30 calendar days after the date of the charitable dental event, and the name and business address of the supervising Georgia licensed dentist, dental clinic, or hosting entity responsible for maintaining patient records as prescribed by the board. Such information shall also be provided in writing to all patients receiving dental treatment at the charitable dental event; and (7) Proof that the supervising dentist, dental clinic, or hosting entity possesses the applicable permits required pursuant to Code Section 43-11-21 if conscious sedation is to be administered or Code Section 43-11-21.1 if general anesthesia is to be administered to patients at the charitable dental event. (h)(1) Except as provided in paragraph (2) of this subsection, the liability of persons practicing dentistry or dental hygiene under and in compliance with licenses issued pursuant to this Code section and the liability of their employers for such practice shall be governed by Code Section 51-1-29.1. (2) The liability of persons practicing dentistry or dental hygiene pursuant to Article 8 of Chapter 8 of Title 31 under and in compliance with licenses issued pursuant to this Code section shall be governed by the provisions of such article. (i) The board shall promulgate rules and regulations that are reasonably necessary to implement the provisions of this Code section."

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

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

Approved July 16, 2020.

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CRIMES AND OFFENSES MOTOR VEHICLES AND TRAFFIC LIFETIME DISQUALIFICATION FROM COMMERCIAL VEHICLE OPERATION FOR PERSONS CONVICTED OF TRAFFICKING OTHER PERSONS FOR LABOR OR SEXUAL SERVITUDE WHILE USING COMMERCIAL VEHICLE.

No. 478 (House Bill No. 823).

AN ACT

To amend Code Sections 16-5-46 and 40-5-151 of the Official Code of Georgia Annotated, relating to trafficking of persons for labor or sexual servitude and disqualification from driving a commercial motor vehicle and action required after suspending, revoking, or canceling license or nonresident privileges, respectively, so as to provide for a lifetime disqualification from operating a commercial motor vehicle by persons convicted of trafficking other persons for labor or sexual servitude while using a commercial motor vehicle; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 16-5-46 of the Official Code of Georgia Annotated, relating to trafficking of persons for labor or sexual servitude, is amended by adding a new subsection to read as follows:
"(l) Any individual who knowingly uses a commercial motor vehicle while committing the offense of trafficking a person for labor or sexual servitude in violation of this Code section shall also be punished by the revocation of the defendant's commercial driver's license and disqualification from driving a commercial motor vehicle for life in accordance with Code Section 40-5-151."

SECTION 2. Code Section 40-5-151 of the Official Code of Georgia Annotated, relating to disqualification from driving a commercial motor vehicle and action required after

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suspending, revoking, or canceling license or nonresident privileges, is amended by revising subsection (e) as follows:
"(e) Notwithstanding the provisions of subsection (d) of this Code section, any person is disqualified from driving a commercial motor vehicle for life who knowingly uses a:
(1) Motor vehicle in the commission of any felony involving the manufacture, distribution, cultivation, sale, transfer of, trafficking in, or dispensing of a controlled substance or marijuana, or possession with intent to manufacture, distribute, cultivate, sell, transfer, traffic in, or dispense a controlled substance or marijuana; or (2) Commercial motor vehicle in the commission of an offense of trafficking an individual for labor servitude or sexual servitude in violation of Code Section 16-5-46."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to offenses committed on or after such date.

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

Approved July 21, 2020.

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COURTS IMPROVE PARTICIPATION OF FOSTER, PREADOPTIVE, AND RELATIVE CAREGIVERS IN CERTAIN JUVENILE HEARINGS.

No. 479 (Senate Bill No. 439).

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 for enhanced notice to and improved participation of foster, preadoptive, and relative caregivers in certain hearings; to provide for the court's consideration of issues relevant to a child's placement, care, well-being, and permanency raised by such persons; to require certain findings be made by the court; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile Code, is amended in Code Section 15-11-109, relating to notice of hearings to specified nonparties, by adding a new subsection to read as follows:
"(d) At each hearing or review, the court shall make specific findings of fact in writing regarding participation by the caregiver of a child, the foster parent of a child, any preadoptive parent, or any relative providing care for a child. Such findings of fact shall include:
(1) Whether the caregiver was provided notice of the hearing or review, including the method, and whether the caregiver expressed an interest in being heard at the hearing or review; and (2) If the caregiver is present, specific information regarding the caregiver's views, including, but not limited to, concerning the child's well-being, health, and safety; any changes the caregiver believes are necessary to advance the child's well-being, health, and safety; and the timeliness, necessity, and quality of services being provided to the child and caregiver; and a summary of documentation presented by the caregiver regarding the child's well-being, health, and safety, including, but not limited to, reports from physicians, counselors, psychologists, and teachers."

SECTION 2. Said chapter is further amended by revising Code Section 15-11-215, relating to notice of change in placement hearings and presumptions, as follows:
"15-11-215. (a) Not less than five days in advance of any placement change, DFCS shall, in writing, notify the court, a child who is 14 years of age or older, the child's parent, guardian, or legal custodian, the person or agency with physical custody of the child, the child's attorney, the child's guardian ad litem, if any, and any other attorney of record of such change in the location of the child's placement while the child is in DFCS custody. The notice required by this subsection may include notice via email if the caregiver or other party who will receive the notification has agreed to receive notice via email. (b) If a child's health or welfare may be endangered by any delay in changing his or her placement, the court and all attorneys of record shall be notified of such placement change within 24 hours of such change. (c) A child adjudicated as a dependent child who is 14 years of age or older, his or her parent, guardian, or legal custodian, the person or agency with physical custody of the child, such child's attorney, such child's guardian ad litem, if any, and any attorney of record may request a hearing pertaining to such child's case plan or the permanency plan in order for the court to consider the change in the location of such child's placement and any changes to the case plan or permanency plan resulting from such child's change in placement location. The hearing shall be held within five days of receiving notice of a change in the location of such child's placement and prior to any such placement change,

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unless such child's health or welfare may be endangered by any delay in changing such child's placement. (d) The Council of Juvenile Court Judges shall by rule provide for methods by which persons entitled to notice, including those not represented by counsel, may electronically file an objection to the placement change. Such rule shall provide for the use of a standard form that the objector may file electronically with the clerk of court and which upon filing shall be distributed electronically to all parties and others entitled to notice. (e) At the hearing to consider a child adjudicated as a dependent child's case plan and permanency plan, the court shall consider the case plan and permanency plan recommendations made by DFCS, including a recommendation as to the location of the placement of such child, and shall make findings of fact upon which the court relied in determining to reject or accept the case plan or permanency plan and the recommendations made by DFCS, including the location of such child's placement. The court shall specifically consider any objections filed to the change of placement and shall consider evidence pertaining to such objections, including, but not limited to, evidence from the child and the foster parent, relative, or caregiver. (f) If the court rejects DFCS recommendations, the court shall demonstrate that DFCS recommendations were considered and explain why it did not follow such recommendations. If the court rejects the DFCS case plan and permanency plan recommendations, including the change in the location of the placement of a child adjudicated as a dependent child, the court may order DFCS to devise a new case plan and permanency plan recommendation, including a new recommendation as to the location of such child within the resources of the department, or make any other order relative to placement or custody outside the department as the court finds to be in the best interests of such child and consistent with the policy that children in DFCS custody should have stable placements. (g) If the court finds that the child has been living in a stable home environment with his or her current caregivers for the past 12 months and that removal of the child from such caregivers would be detrimental to the child's emotional well-being, the court may presume that continuation of the child's placement with his or her current caregivers is in the child's best interests and shall enter a finding that a change of placement is a failure by DFCS to make reasonable efforts to finalize the permanency plan which is in effect at the time of the hearing. (h) Placement or a change of legal custody by the court outside DFCS shall relieve DFCS of further responsibility for a child adjudicated as a dependent child except for any provision of services ordered by the court to ensure the continuation of reunification services to such child's family when appropriate. (i) A placement change shall not include a temporary absence from the child's identified and ongoing foster care placement, including, but not limited to, visitation with a friend, sibling, relative, or other caretaker, including a preplacement visit to a possible foster or adoptive placement; hospitalization for medical, acute psychiatric episodes or diagnosis;

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respite care when the child is expected to return to his or her foster care placement; day or overnight camp; temporary travel with the foster family or child care institution personnel, church, school, or other persons or groups approved by DFCS; trial home visits with the court's permission, if required by subsection (b) of Code Section 15-11-212; and runaway episodes."

SECTION 3. Said chapter is further amended in Code Section 15-11-300, relating to notice of hearings to specified parties, by adding a new subsection to read as follows:
"(c) At any termination of parental rights hearing, the court shall make specific findings of fact in writing regarding participation by the caregiver of a child, the foster parent of a child, any preadoptive parent, or any relative providing care for a child. Such findings of fact shall include:
(1) Whether the caregiver was provided notice of the hearing, including the method, and whether the caregiver expressed an interest in being heard at the hearing; and (2) If the caregiver is present, specific information regarding the caregiver's views, including, but not limited to, concerning the child's well-being, health, and safety; any changes the caregiver believes are necessary to advance the child's well-being, health, and safety; and the timeliness, necessity, and quality of services being provided to the child and caregiver; and a summary of documentation presented by the caregiver regarding the child's well-being, health, and safety, including, but not limited to, reports from physicians, counselors, psychologists, and teachers."

SECTION 4. Said chapter is further amended in Code Section 15-11-320, relating to termination of parental rights, findings, and standard of proof, by revising paragraph (1) of subsection (b) as follows:
"(1) Contain written findings on which the order is based, including the factual basis for a determination that grounds for termination of parental rights exist and that termination is in the best interests of the child, including the findings required by subsection (c) of Code Section 15-11-300;"

SECTION 5. Said chapter is further amended in Part 6 of Article 4, relation to disposition, by adding a new Code section to read as follows:
"15-11-324. (a) After the court has granted a termination of parental rights, and during the dispositional phase of such case contemplated in Code Section 15-11-321 and in any post-dispositional review under Code Section 15-11-322, the court shall in making its disposition consider the testimony of and evidence provided by any foster parent, caregiver, relative, or other individual in whose physical custody the child has resided for at least 12 months during a

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period ending not more than 90 days preceding the filing of the petition, provided that such individual expresses a desire and willingness to adopt the child. (b) Such testimony and evidence may include evidence regarding the level of attachment and bonding between the child and caregiver; the child's health, safety, and well-being; and such other evidence that the court may consider relevant to its disposition of the case. The court may, in its discretion, limit the scope of such evidence as it may deem relevant and material to the dispositional issues at hand."

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

Approved July 21, 2020.

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CRIMES AND OFFENSES LAW ENFORCEMENT OFFICERS AND AGENCIES PENAL INSTITUTIONS SOCIAL SERVICES IMPROPER SEXUAL CONTACT BY FOSTER PARENT.

No. 480 (House Bill No. 911).

AN ACT

To amend Chapter 6 of Title 16, Article 2 of Chapter 3 of Title 35, Article 3 of Chapter 5 of Title 42, and Article 1 of Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to sexual offenses, the Georgia Crime Information Center, conditions of detention generally, and general provisions regarding the Department of Human Services, respectively, so as to provide for the offenses of improper sexual conduct by a foster parent in the first and second degrees; to provide for definitions; to provide for criminal penalties; to revise cross-references; to provide that record restriction shall not be appropriate for such offenses under certain circumstances; to provide for visitation restrictions for inmates convicted of such offenses; to provide for licensing implications for persons convicted of such offenses; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by revising Code Section 16-6-5.1, relating to improper sexual contact by employee or agent, consent not a defense, and penalty, as follows:

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"16-6-5.1. (a) As used in this Code section, the term:
(1) 'Agent' means an individual authorized to act on behalf of another, with or without compensation. (1.1) 'Child-placing agency' shall have the same meaning as set forth in Code Section 49-5-3. (2) 'Child welfare and youth services' shall have the same meaning as set forth in Code Section 49-5-3. (3) 'Disability' shall have the same meaning as set forth in Code Section 37-1-1. (4) 'Employee' means an individual who works for salary, wages, or other remuneration for an employer. (4.1) 'Foster care home' means a private home used by a child-placing agency which has been approved by the child-placing agency to provide 24 hour care, lodging, supervision, and maintenance for one or more children or a private home which has been approved and is directly supervised by the Department of Human Services to provide 24 hour care, lodging, supervision, and maintenance for one or more children. (4.2) 'Foster parent' means the person or persons who provide care, lodging, supervision, and maintenance for one or more children in a foster care home used by a child-placing agency or in a foster care home approved and directly supervised by the Department of Human Resources. (5) 'Intimate parts' means the genital area, groin, inner thighs, buttocks, or breasts of a person. (6) 'Psychotherapy' means the professional treatment or counseling of a mental or emotional illness, symptom, or condition. (7) 'School' means any educational institution, public or private, providing elementary or secondary education to children at any level, kindergarten through twelfth grade, or the equivalent thereof if grade divisions are not used, including extracurricular programs of such institution. (8) 'Sensitive care facility' means any facility licensed or required to be licensed under Code Section 31-7-3, 31-7-12, or 31-7-12.2 or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173. (9) 'Sexual contact' means any contact involving the intimate parts of either person for the purpose of sexual gratification of either person. (10) 'Sexually explicit conduct' shall have the same meaning as set forth in Code Section 16-12-100. (b) An employee or agent commits the offense of improper sexual contact by employee or agent in the first degree when such employee or agent knowingly engages in sexually explicit conduct with another person whom such employee or agent knows or reasonably should have known is contemporaneously: (1) Enrolled as a student at a school of which he or she is an employee or agent;

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(2) Under probation, parole, accountability court, or pretrial diversion supervision of the office or court of which he or she is an employee or agent; (3) Being detained by or is in the custody of any law enforcement agency of which he or she is an employee or agent; (4) A patient in or at a hospital of which he or she is an employee or agent; (5) In the custody of a correctional facility, juvenile detention facility, facility providing services to a person with a disability, or a facility providing child welfare and youth services of which he or she is an employee or agent; (6) The subject of such employee or agent's actual or purported psychotherapy treatment or counseling; or (7) Admitted for care at a sensitive care facility of which he or she is an employee or agent. (b.1) A person commits the offense of improper sexual contact by a foster parent in the first degree when he or she is a foster parent and knowingly engages in sexually explicit conduct with his or her current foster child. (c) A person commits the offense of improper sexual contact by employee or agent in the second degree when such employee or agent knowingly engages in sexual contact, excluding sexually explicit conduct, with another person whom such employee or agent knows or reasonably should have known is contemporaneously: (1) Enrolled as a student at a school of which he or she is an employee or agent; (2) Under probation, parole, accountability court, or pretrial diversion supervision of the office or court of which he or she is an employee or agent; (3) Being detained by or is in the custody of a law enforcement agency of which he or she is an employee or agent; (4) A patient in or at a hospital of which he or she is an employee or agent; (5) In the custody of a correctional facility, juvenile detention facility, facility providing services to a person with a disability, or facility providing child welfare and youth services of which he or she is an employee or agent; (6) The subject of such employee or agent's actual or purported psychotherapy treatment or counseling; or (7) Admitted for care at a sensitive care facility of which he or she is an employee or agent. (c.1) A person commits the offense of improper sexual contact by a foster parent in the second degree when he or she is a foster parent and knowingly engages in sexual contact, excluding sexually explicit conduct, with his or her current foster child. (d) Consent of the victim shall not be a defense to a prosecution under this Code section. (e)(1) This Code section shall not apply to sexually explicit conduct or sexual contact between individuals lawfully married to each other. (2) This Code section shall not apply to a student who is enrolled at the same school as the victim.

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(f) A person convicted of improper sexual contact by employee or agent in the first degree or improper sexual contact by a foster parent in the first degree shall be punished by imprisonment for not less than one nor more than 25 years or by a fine not to exceed $100,000.00, or both; provided, however, that:
(1) Except as provided in paragraph (2) of this subsection, any person convicted of the offense of improper sexual contact by employee or agent or improper sexual contact by a foster parent with a child under the age of 16 years shall be punished by imprisonment for not less than 25 nor more than 50 years or a fine not to exceed $100,000.00, or both, and shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2; and (2) If at the time of the offense the victim of the offense is at least 14 years of age but less than 21 years of age and the person is 21 years of age or younger and is no more than 48 months older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (g) A person convicted of improper sexual contact by employee or agent in the second degree or improper sexual contact by a foster parent in the second degree shall be punished as for a misdemeanor of a high and aggravated nature and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2; provided, however, that: (1) Except as provided in paragraphs (2) and (3) of this subsection, any person convicted of the offense of improper sexual contact by employee or agent in the second degree or improper sexual contact by a foster parent in the second degree with a child under the age of 16 years shall be punished by imprisonment for not less than five nor more than 25 years or by a fine not to exceed $25,000.00, or both, and shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2; (2) If at the time of the offense the victim of the offense is at least 14 years of age but less than 21 years of age and the person is 21 years of age or younger and is no more than 48 months older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2; and (3) Except as provided in paragraph (2) of this subsection, upon a second or subsequent conviction of the offense of improper sexual contact by employee or agent in the second degree or improper sexual contact by a foster parent in the second degree, the person shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years and shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2."

SECTION 2. Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by revising division (j)(4)(B)(iii) of Code Section 35-3-37, relating to review of individual's criminal history record information,

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definitions, privacy considerations, written application requesting review, and inspection, as follows:
"(iii) Improper sexual contact by employee or agent and improper sexual contact by a foster parent in violation of Code Section 16-6-5.1;"

SECTION 3. Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, is amended by revising Code Section 42-5-56, relating to visitation with minors by convicted sexual offenders, as follows:
"42-5-56. (a) As used in this Code section, the term 'sexual offense' means a violation of Code Section 16-6-1, relating to the offense of rape; Code Section 16-6-2, relating to the offenses of sodomy and aggravated sodomy; Code Section 16-6-5.1, relating to the offense of improper sexual contact by employee or agent and improper sexual contact by a foster parent; Code Section 16-6-22, relating to the offense of incest; or Code Section 16-6-22.2, relating to the offense of aggravated sexual battery, when the victim was under 18 years of age at the time of the commission of any such offense; or a violation of Code Section 16-6-3, relating to the offense of statutory rape; Code Section 16-6-4, relating to the offenses of child molestation and aggravated child molestation; or Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes, when the victim was under 16 years of age at the time of the commission of any such offense. (b) Any inmate with a current or prior conviction for any sexual offense as defined in subsection (a) of this Code section shall not be allowed visitation with any person under the age of 18 years unless such person is the spouse, son, daughter, brother, sister, grandson, or granddaughter of the inmate and such person is not the victim of a sexual offense for which the inmate was convicted. If visitation with a minor is restricted by court order, permission for special visitation with the minor may be granted only by the court issuing such order."

SECTION 4. Article 1 of Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Human Services, is amended by revising subparagraph (a)(2)(J) of Code Section 49-2-14.1, relating to records check requirement for licensing facilities, as follows:
"(J) A violation of Code Section 16-6-5.1, relating to improper sexual contact by employee or agent and improper sexual contact by a foster parent;"

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

Approved July 21, 2020.

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CONSERVATION AND NATURAL RESOURCES TIMBER HARVESTING OPERATIONS; STANDING TIMBER NOTIFICATION WEBSITE; RULES AND REGULATIONS; BONDS.

No. 481 (House Bill No. 897).

AN ACT

To amend Code Section 12-6-24 of the Official Code of Georgia Annotated, relating to notice of timber harvesting operations, so as to require the State Forestry Commission to create a standing timber notification website; to provide for promulgation of rules and regulations; to change surety bond and letter of credit requirements; to provide for claims against bonds; to provide for appeals of such claims; to provide for replacement bonds; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 12-6-24 of the Official Code of Georgia Annotated, relating to notice of timber harvesting operations, is amended by revising subsection (b) as follows:
"(b) Any ordinance or resolution adopted pursuant to subsection (a) of this Code section shall conform to and shall not exceed the following requirements:
(1) Prior written notice shall be required of any person or firm harvesting such timber for each separate tract to be harvested thereby, shall be made only in such form as prescribed by rule or regulation of the director, and shall be limited to the following:
(A) A map of the area which identifies the location of the tract to be harvested and, as to those trucks which will be traveling to and from such tract for purposes of picking up and hauling loads of cut forest products, the main point of ingress to such tract from a public road and, if different, the main point of egress from such tract to a public road; (B) A statement as to whether the timber will be removed pursuant to a lump sum sale, per unit sale, or owner harvest for purposes of ad valorem taxation under Code Section 48-5-7.5; (C) The name, address, and daytime telephone number of the timber seller if the harvest is pursuant to a lump sum or per unit sale or of the timber owner if the harvest is an owner harvest; and (D) The name, business address, business telephone number, and nighttime or emergency telephone number of the person or firm harvesting such timber;

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(2) Notice may be submitted in person, by transmission of an electronic record via telefacsimile, e-mail, or such other means as approved by the governing authority, or by mail;
(3)(A) Effective October 1, 2020, the State Forestry Commission shall commence construction of a website to provide a state-wide notification platform for persons or firms harvesting standing timber to utilize as a uniform system of notification to local governing authorities. (B) Following an initial notification by the State Forestry Commission that the website is operational, utilization of the website by local governing authorities and persons or firms harvesting standing timber will be optional. (C) No later than the first day of the nineteenth month following such initial notification, the State Forestry Commission shall provide a subsequent notification of a date upon which utilization of such website shall be mandatory for local governing authorities and persons or firms harvesting standing timber. On and after that date, notification procedures under paragraph (2) of this subsection shall cease and notification of harvesting of standing timber shall be conducted solely through such website. (D) The director of the State Forestry Commission shall promulgate such rules and regulations as are reasonable and necessary for purposes of designing, implementing, and enforcing utilization of such website; (4)(A) The governing authority may require persons or firms subject to such notice requirement to deliver a bond or letter of credit as provided by this subparagraph, in which case notice shall not be or remain effective for such harvesting operations unless and until the person or firm providing such notice has delivered to the governing authority or its designated agent a valid surety bond, executed by a surety corporation authorized to transact business in this state, protecting the county or municipality, as applicable, against any damage caused by such person or firm in an amount specified by the governing authority not exceeding $5,000.00 or, at the option of the person or firm harvesting timber, a valid irrevocable letter of credit issued by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu of such bond. Such bonds or letters of credit shall be subject to the conditions set forth in subparagraph (D) of this paragraph. Each county or municipality shall require no more than one bond from each person or firm harvesting timber regardless of the number of tracts harvested in such county or municipality by each such person or firm so long as the bond remains in effect. For purposes of this subparagraph, any such surety bond or letter of credit shall be valid only for the calendar year in which delivered. (B) Such bond or letter of credit shall protect the county or municipality against any damage requiring re-ditching or repair of existing ditch structure or the removal of any harvesting residue, including tree tops, debris logs, pulpwood, and other materials, placed in or around rights of way caused by such person or firm tendering the bond or letter of credit, and the proceeds of such bond or letter of credit shall be available to

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reimburse the county or municipality for any cost incurred to repair such damages in or around county or municipal rights of way. The proceeds of such bond or letter of credit shall also be available to reimburse the county or municipality for any cost incurred to maintain or repair county or municipal roads damaged by the ingress or egress of motor vehicles engaged in harvest operations located within 500 feet of any point of ingress or egress of the timber harvesting operation. The right of a county or municipality to call such bond or letter of credit in accordance with the provisions of this Code section shall be in addition to any other remedies available to such county or municipality at law or in equity for damage to county or municipal roads or rights of way. (C) When damage results from a person or firm's harvesting activities, the governing authority shall make a written claim to the person or firm causing the damage within 30 business days after the governing authority becomes aware of the damage. Such claim may be given in person, by transmission of an electronic record via telefacsimile or email, or by mail. Such claim shall describe the damage in detail and give the person or firm the opportunity to repair such damage within 30 days of the notification. The county or municipality shall be authorized to repair the damage immediately if the governing authority determines the conditions present a threat to public safety, health, or welfare and, upon making such repairs, shall present to the person or firm an itemized list of expenses incurred as a claim against the responsible party and the issuer of its bond or letter of credit. If the damage in question has not been repaired by or on behalf of the person or firm, then the governing authority shall be authorized to call such bond or letter of credit for payment of any cost the county or municipality incurs or will incur to repair such damages, and additional remedies set forth in this paragraph shall remain available. Within 30 days of the receipt of the written notification from the county or municipality required by this subparagraph, the person or firm may:
(i) Repair such damage at their own expense with the approval and supervision of the governing authority. When repairs are completed to the satisfaction of the governing authority, the governing authority shall provide the person or firm with written notification of such satisfactory completion within five business days; (ii) In the event of inclement weather or other factors preventing repair of the damage, request a 30 day extension to repair the damage from the governing authority, provided that no such extension shall exceed 90 days. Approval of such extensions shall be in the discretion of the governing authority; or (iii) Appeal any adverse decision of the governing authority to the magistrate court of the county in which the damage occurred. The magistrate court will hear arguments within 30 days of the written appeal and render a ruling within ten days of such hearing. Any such appeal shall toll the 30 day period, or any extension thereof, provided for in subparagraph (C) of this paragraph. Should the person or firm receive a favorable ruling from the magistrate court, the governing authority shall have no claim against the bond or letter of credit. Should the person or firm in question

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receive an unfavorable ruling from the magistrate court, the governing authority shall be authorized to call the bond or letter of credit for reimbursement, not to exceed the bond or letter of credit amount, of costs incurred in repairing the damage. (D) If a person or firm tendering the bond or letter of credit, or any agent, employee, or contractor of such person or firm, causes a bond or letter of credit to be revoked, then a valid replacement bond or letter of credit shall be obtained by the person or firm and delivered to the governing authority, or the designated agent thereof, no later than the close of business five business days after the date of revocation of the prior bond or letter of credit. The governing authority shall be authorized to increase such bond or letter of credit by $2,500.00 after each instance of revocation of a bond or letter of credit, provided that the total bond amount shall not exceed $10,000.00 as to any original bond or letter of credit; (5) Notice shall be effective for such harvesting operation on such tract within such unincorporated area of the county or incorporated area of the municipality upon receipt of the same by the applicable governing authority or its designated agent and, if applicable, compliance with the requirements of paragraph(4) of this subsection and until such time as the person or firm giving such notice has completed the harvesting operation for such tract; provided, however, that any subsequent change in the facts required to be provided for purposes of such notice shall be reported to the governing authority or its designated agent within three business days after such change; (6) Notice requirements shall be applicable to any such timber harvested on or after the effective date of the ordinance or resolution adopted pursuant to this Code section; and (7) Violation of the notice requirements of any ordinance or resolution adopted pursuant to this Code section shall be punishable by a fine not exceeding $1,500.00 for each violation."

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 July 22, 2020.

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REVENUE AND TAXATION VIRTUAL AD VALOREM TAX APPEAL HEARINGS; MANNER OF RECOVERING COSTS; ELECTRONIC TRANSMISSION OF RETURNS BY PUBLIC UTILITIES.

No. 482 (Senate Bill No. 410).

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 authorize the conduct of ad valorem tax appeal hearings by virtual means; provide an alternative means of recovering costs of litigation and attorney's fees in ad valorem tax appeals; to provide for a definition; to require electronic transmission of returns to the Department of Revenue by public utilities; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization, duties, review of assessments, and appeals, is amended by revising subparagraph (e)(6)(A) and subdivision (g)(4)(B)(ii)(III) and adding a new subdivision to read as follows:
"(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 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 email 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 appeal administrator, in his or her discretion and with the consent of all parties, may alternatively conduct the hearing by audio or video teleconference or any other remote communication medium.

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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."
"(III) If the taxpayer appeals to the superior court pursuant to this subsection and 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. (IV) If the board of assessors appeals to the superior court pursuant to this subsection and the final determination of value on appeal is 85 percent or less of the valuation set by the board of assessors 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."

SECTION 2. Said chapter is further amended by revising Code Section 48-5-511, relating to returns of public utilities to commissioner of the Department of Revenue, itemization and fair market value of property, other information, and apportionment to more than one tax jurisdiction, as follows:
"48-5-511. (a)(1) As used in this Code section, the term 'electronic transmission' means any form of communication that does not directly involve the physical transmission of paper and that creates a record that may be retained, retrieved, and reviewed by a recipient thereof and that may be directly reproduced in paper form by such a recipient through an automated process. (2) The chief executive officer of each public utility shall be required to make by electronic transmission an annual tax return of all property located in this state to the commissioner. The return shall be made to the commissioner on or before March 1 in each year and shall be current as of January 1 preceding.
(b) The returns of each public utility shall be in writing and sworn to under oath by the chief executive officer to be a just, true, and full return of the fair market value of the property of the public utility without any deduction for indebtedness. Each class or species of property shall be separately named and valued as far as practicable and shall be taxed like all other property under the laws of this state. The returns shall also include the capital stock, net annual profits, gross receipts, business, or income (gross, annual, net, or any other kind) for which the public utility is subject to taxation by the laws of this state. Each parcel of real estate included in the return shall be identified by its street address. If the

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commissioner is unable to locate the property by its street address after exercising due diligence in attempting to locate the property, then the commissioner may request more information from the taxpayer to help identify the exact location of the property. Such additional information may include a map or parcel identification information.
(c)(1) Each chief executive officer shall apportion, under rules and regulations promulgated by the commissioner, the fair market value of his or her public utility's properties to this state, if the public utility owns property in states other than this state, and between the several tax jurisdictions in this state. (2) In promulgating the regulations specifying the method of apportionment, the commissioner shall consider:
(A) The location of the various classes of property; (B) The gross or net investment in the property; (C) Any other factor reflecting the public utility's investment in property; (D) Pertinent business factors reflecting the utility of the property; (E) Pertinent mileage factors; and (F) Any other factors which in the commissioner's judgment are reasonably calculated to apportion fairly and equitably the property between the various tax jurisdictions. (3) Any reasonable value directly attributable to property physically located in one jurisdiction in this state shall not be apportioned to any other jurisdiction in this state."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to tax years beginning on or after January 1, 2021.

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

Approved July 22, 2020.

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CRIMES AND OFFENSES REVENUE AND TAXATION SALE AND DISTRIBUTION OF CIGARETTES, TOBACCO PRODUCTS, TOBACCO RELATED OBJECTS, ALTERNATIVE NICOTINE PRODUCTS, AND VAPOR PRODUCTS; AGE TO OBTAIN; USE IN SCHOOL SAFETY ZONE; EXCISE TAXES.

No. 483 (Senate Bill No. 375).

AN ACT

To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to increase the age of individuals to which the sale or distribution of cigarettes, tobacco products, tobacco related objects, alternative nicotine products, and vapor products is prohibited; to revise and provide for definitions; to provide for an additional offense of using vapor products in a school safety zone; to provide for and revise certain fines and penalties; to provide for seizure and forfeiture; To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for excise taxes to be levied on the sale of certain alternative nicotine products, vapor devices, and consumable vapor products; to require licensure of importers, manufacturers, distributors, and dealers of alternative nicotine products or vapor products; to provide for license fees, suspensions, revocations, and renewals; to provide for procedures for hearings and appeals; to provide for bonds; to provide for seizure of certain products; to require certain reports and provide for inspections of certain records; to prohibit certain conduct relating to the sale and transportation of alternative nicotine products and vapor products; to provide for assessments and penalties; to provide for powers and duties of special agents and enforcement officers; to permit licensed dealers to make deliveries of cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, and vapor products pursuant to specific terms and conditions; to allow such dealers to market, receive, and process orders for such products using electronic means owned, operated, or maintained by third parties; to provide for the relationship between such dealers and third parties; to provide certain requirements for individuals making deliveries on behalf of a dealer; to provide for warrantless searches and seizures by certain agents and officers of the Department of Revenue; to provide for appeals of certain decisions made by the state revenue commissioner; to provide for civil and criminal penalties; to provide for rules and regulations; to revise and provide for definitions; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Article 7 of Chapter 12, relating to sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, as follows:

"ARTICLE 7

16-12-170. As used in this article, the term:
(1) 'Alternative nicotine product' means any noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. Such term shall not include any tobacco product, vapor product, or product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act. (2) 'Cigar wraps' means individual cigar wrappers, known as wraps, blunt wraps, or roll your own cigar wraps, that consist in whole or in part of reconstituted tobacco leaf or flavored tobacco leaf. (3) 'Cigarette' means roll for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco. (4) 'Community service' means a public service which an individual under the age of 21 years might appropriately be required to perform, as determined by the court, as punishment for certain offenses provided for in this article. (5) 'Person' means any natural person or any firm, partnership, company, corporation, or other entity. (6) 'Proper identification' means any document issued by a governmental agency containing a description of the individual, such individual's photograph, or both, and giving such individual's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104. Proper identification shall not include a birth certificate. (7) 'Tobacco product' means any cigars, little cigars, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff or snuff powder; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such a manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking. Such term shall not include any alternative nicotine product, vapor product, or product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act. (8) 'Tobacco related objects' means any papers, wrappers, or other products, devices, or substances, including cigar wraps, which are used for the purpose of making cigarettes or tobacco products in any form whatsoever.

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(9) 'Vapor product' means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor or aerosol from nicotine or other substances in a solution or other form. Such term shall include, but shall not be limited to, any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor or aerosol cartridge or other container of nicotine or other substance in a solution or other form, including, but not limited to, a device component, part, or accessory of the device, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. Such term shall not include any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.

16-12-171. (a)(1) It shall be unlawful for any person knowingly to: (A) Sell or barter, directly or indirectly, any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products to any individual under the age of 21 years; (B) Purchase any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products for any individual under the age of 21 years; or (C) Advise, counsel, or compel any individual under the age of 21 years to smoke, inhale, chew, or use cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products. (2)(A) The prohibition contained in paragraph (1) of this subsection shall not apply with respect to sale of cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products by a person when such person has been furnished with proper identification showing that the individual to whom the cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products are sold is 21 years of age or older. (B) In any case when a reasonable or prudent person could reasonably be in doubt as to whether or not the individual to whom cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products are to be sold or otherwise furnished is actually 21 years of age or older, it shall be the duty of the person selling or otherwise furnishing such cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products to request to see and to be furnished with proper identification as provided for in subsection (b) of this Code section in order to verify the age of such individual. The failure to make such request and verification in any case when the individual to whom the cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products are sold or otherwise furnished is less than 21 years of age may be considered by the trier of fact in determining whether the person selling or otherwise furnishing such cigarettes, tobacco

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products, tobacco related objects, alternative nicotine products, or vapor products did so knowingly. (3) Any person that violates this subsection shall be guilty of a misdemeanor. (b)(1) It shall be unlawful for any individual under the age of 21 years to: (A) Purchase, attempt to purchase, or possess for personal use any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products. ; or (B) Misrepresent his or her identity or age or use any false identification for the purpose of purchasing or procuring any cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products. (2) An individual under the age of 21 years who commits an offense provided for in paragraph (1) of this subsection or paragraph (1) of subsection (c) of this Code section shall be punished as follows: (A) By requiring the performance of community service not exceeding 20 hours that may be related to the awareness of the health hazards of smoking and vaping or tobacco and vapor product use; (B) By requiring attendance at a publicly or privately sponsored lecture or discussion on the health hazards of smoking and vaping or tobacco and vapor product use, provided that such lecture or discussion is offered without charge to the individual under the age of 21 years; (C) When an individual under the age of 21 years fails to comply with such imposed community service, or for a third or subsequent violation within the same calendar year as the first violation, by requiring the Department of Driver Services to withhold issuance of or to suspend the driver's license or driving privilege of such individual for a period of 45 consecutive days; or (D) By a combination of the punishments described in subparagraphs (A) through (C) of this paragraph. (c)(1) It shall be unlawful for any individual to knowingly use a vapor product within a school safety zone. As used in this subsection the term 'school safety zone' shall have the same meaning as provided in Code Section 16-11-127.1. (2) Any individual who is 21 years of age or older who commits the offense provided for in paragraph (1) of this subsection shall be guilty of a misdemeanor; provided, however, that for a conviction of a first offense, such individual shall be punished by a fine of $25.00 and for a conviction of a second offense, such individual shall be punished by a fine of $50.00. The provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of any prosecution for such first or second offense shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against an individual for conviction thereof. (3) Any vapor product used in violation of paragraph (1) of this subsection is declared to be contraband, and no person shall have a property right in it. In addition to persons authorized to seize property pursuant to Code Section 9-16-6, property which is subject to forfeiture under this subsection may be seized by any special agent or enforcement

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officer of the state revenue commissioner. Any property which is subject to forfeiture under this subsection shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.

16-12-172. (a) Any person owning or operating a place of business in which cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products are sold or offered for sale shall post in a conspicuous place a sign which shall contain the following statement:
'SALE OF CIGARETTES, TOBACCO, TOBACCO PRODUCTS, TOBACCO RELATED OBJECTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS TO INDIVIDUALS UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW.' Such sign shall be printed in letters of at least one-half inch in height. (b) Any person that fails to comply with the requirements of subsection (a) of this Code section shall be guilty of a misdemeanor.

16-12-173. (a)(1) Any person that maintains in such person's place of business a vending machine which dispenses cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products shall place or cause to be placed in a conspicuous place on such vending machine a sign containing the following statement: 'THE PURCHASE OF CIGARETTES, TOBACCO PRODUCTS, TOBACCO RELATED OBJECTS, ALTERNATIVE NICOTINE PRODUCTS, OR VAPOR PRODUCTS FROM THIS VENDING MACHINE BY ANY INDIVIDUAL UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW.' (2) Any person that maintains in such person's place of business a vending machine which dispenses cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products shall not dispense any other type of product, other than matches, in such vending machine.
(b) Any person that fails to comply with the requirements of subsection (a) of this Code section shall be guilty of a misdemeanor; provided, however, that for a first offense, the sentence shall be a fine not to exceed $300.00. (c) It shall be a violation of subsection (a) of Code Section 16-12-171 for any person knowingly to allow an individual under the age of 21 years to operate a vending machine which dispenses cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products. (d) The offenses provided for by paragraph (1) of subsection (b) of Code Section 16-12-171 shall apply to the operation by an individual under the age of 21 years of a vending machine which dispenses cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products.

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(e)(1) The sale or offering for sale of cigarettes, tobacco products, tobacco related objects, alternative nicotine products, or vapor products from vending machines shall not be permitted except:
(A) In locations which are not readily accessible to individuals under the age of 21 years, including, but not limited to:
(i) Factories, businesses, offices, and other places which are not open to the general public; (ii) Places open to the general public which do not admit individuals under the age of 21 years; and (iii) Places where alcoholic beverages are offered for sale; (B) In areas which are in the immediate vicinity, in plain view, and under the continuous supervision of the proprietor of the establishment or an employee who will observe the purchase of cigarettes, tobacco products, tobacco related objects, alternative nicotine products, and vapor products from the vending machine; and (C) In rest areas adjacent to roads and highways of the state. (2) Violation of this subsection shall be punished as provided in subsection (b) of this Code section.

16-12-174. (a) As used in this Code section, the term 'tobacco product sample' means a cigarette, tobacco product, alternative nicotine product, or vapor product distributed to members of the general public at no cost for purposes of promoting the product. (b) It shall be unlawful for any person to distribute any tobacco product sample to any individual under the age of 21 years. (c) A person distributing tobacco product samples shall require proof of age from a prospective recipient if an ordinary person would conclude on the basis of appearance that such prospective recipient may be under the age of 21 years. (d) It shall be unlawful for any individual who has not attained the age of 21 years to receive or attempt to receive any tobacco product sample. (e) No person shall distribute tobacco product samples on any public street, sidewalk, or park within 500 feet of any school or playground when those facilities are being used primarily by individuals under the age of 21 years. (f) A violation of subsection (b), (c), or (e) of this Code section shall be punished as a misdemeanor. A violation of subsection (d) of this Code section shall be punished as provided for in paragraph (2) of subsection (b) of Code Section 16-12-171.

16-12-175. (a) The provisions of this article, inclusive, shall be enforced through actions brought in any court of competent jurisdiction by the prosecuting attorney for the county in which the alleged violation occurred as well as through administrative citations issued by special agents or enforcement officers of the state revenue commissioner. Any fine collected for

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a violation of said provision shall be paid to the clerk of the court of the jurisdiction in which the violation occurred. Upon receipt of a fine for any violation of said provision, the clerk shall promptly notify the state revenue commissioner of the violation. (b) The state revenue commissioner, acting through special agents or enforcement officers, shall annually conduct random, unannounced inspections at locations where cigarettes, tobacco products, alternative nicotine products, or vapor products are sold or distributed to ensure compliance with this article. Individuals under the age of 21 years may be enlisted to test compliance with this article; provided, however, that such individuals may be used to test compliance with this article only if the testing is conducted under the direct supervision of such special agents or enforcement officers and written parental consent for any individual under the age of 18 years has been provided. Any other use of individuals under the age of 21 years to test compliance with this article or any other prohibition of like or similar import shall be unlawful, and the person or persons responsible for such use shall be subject to the penalties prescribed in this article. The state revenue commissioner shall prepare annually for submission by the Governor to the secretary of the United States Department of Health and Human Services the report required by Section 1926 of Subpart I of Part B of Title XIX of the federal Public Health Service Act, 42 U.S.C. 300x-26.

16-12-176. The state revenue commissioner shall administer and enforce this article and may make reasonable rules and regulations for its administration and enforcement. The state revenue commissioner may designate employees of the Department of Revenue for the purpose of administering and enforcing this article and may delegate to employees of such department any of the duties required of the state revenue commissioner pursuant to this article."

SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Chapter 11, relating to taxes on tobacco products, as follows:

"CHAPTER 11

48-11-1. As used in this chapter, the term:
(1) 'Alternative nicotine product' means any material that contains nicotine, but does not contain tobacco leaf, and is intended for human consumption, whether such material is chewed, absorbed, dissolved, or ingested by any other means. Such term shall include, but shall not be limited to, nicotine gel, pouches, or gum or dissolvable nicotine strips, sticks, lozenges, or pellets. Such term shall not include little cigars, cigars, cigarettes, loose or smokeless tobacco, consumable vapor products, or any product regulated as a drug or therapeutic device by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act.

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(2) 'Alternative nicotine product dealer' means any person located within the borders of this state who sells or distributes alternative nicotine products to a consumer in this state. (3) 'Alternative nicotine product distributor' means any person who:
(A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on alternative nicotine product dealers; and (B) Is engaged in the business of:
(i) Importing alternative nicotine products into this state or purchasing alternative nicotine products from other alternative nicotine product manufacturers or alternative nicotine product distributors; and (ii) Selling the alternative nicotine products to alternative nicotine product dealers in this state for resale but is not in the business of selling the alternative nicotine products directly to the ultimate consumers of the alternative nicotine products. (4) 'Alternative nicotine product importer' means any person who imports into or who brokers within the United States, either directly or indirectly, finished alternative nicotine products for sale or distribution. (5) 'Alternative nicotine product manufacturer' means any person who manufactures, fabricates, assembles, processes, or labels finished alternative nicotine products. (6) 'Cigar' means any roll for smoking made wholly or in part of tobacco when the cover of the roll is also tobacco. Such term shall include a little cigar. (7) 'Cigar dealer' means any person located within the borders of this state who sells or distributes cigars to a consumer in this state. (8) 'Cigar distributor' means any person, whether located within or outside the borders of this state, other than a cigar dealer, who sells or distributes cigars within or into the boundaries of this state and who: (A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on cigar dealers; and (B) Is engaged in the business of: (i) Importing cigars into this state or purchasing cigars from other cigar manufacturers or cigar distributors; and (ii) Selling the cigars to cigar dealers in this state for resale but is not in the business of selling the cigars directly to the ultimate consumer of the cigars. (9) 'Cigar importer' means any person who imports into or who brokers within the United States, either directly or indirectly, a finished cigar for sale or distribution. (10) 'Cigar manufacturer' means any person who manufactures, fabricates, assembles, processes, or labels a finished cigar. (11) 'Cigarette' means any roll or stick for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco or when the stick is heated in a device without combustion. (12) 'Cigarette dealer' means any person located within the borders of this state who sells or distributes cigarettes to a consumer in this state.

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(13) 'Cigarette distributor' means any person, whether located within or outside the borders of this state, other than a cigarette dealer, who sells or distributes cigarettes within or into the boundaries of this state and who:
(A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on cigarette dealers; and (B) Is engaged in the business of:
(i) Importing cigarettes into this state or purchasing cigarettes from other cigarette manufacturers or cigarette distributors; and (ii) Selling the cigarettes to cigarette dealers in this state for resale but is not in the business of selling the cigarettes directly to the ultimate consumer of the cigarettes. Such term shall not include any cigarette manufacturer, export warehouse proprietor, or cigarette importer with a valid permit under 26 U.S.C. Section 5712, if such person sells or distributes cigarettes in this state only to cigarette distributors who hold valid and current licenses under Code Section 48-11-4 or to an export warehouse proprietor or another cigarette manufacturer with a valid permit under 26 U.S.C. Section 5712. (14) 'Cigarette importer' means any person who imports into or who brokers within the United States, either directly or indirectly, a finished cigarette for sale or distribution. (15) 'Cigarette manufacturer' means any person who manufactures, fabricates, assembles, processes, or labels a finished cigarette. (16) 'Closed system' means any disposable container which is prefilled and sealed by the manufacturer, not easily refillable or intended or designed to be refillable, and intended or used to dispense consumable vapor products by way of a vapor device that is intended or designed to be reused. (17) 'Consumable vapor product' means any liquid solution, whether it contains nicotine or not, that is intended to be heated into an aerosol state and inhaled by an individual. Such term shall include, but shall not be limited to, e-liquid, e-juice, vape juice, and cartridges that are prefilled with such a solution. Such term shall not include any alternative nicotine product, cigar, cigarette, loose or smokeless tobacco, perfume, potpourri, essential oil, or product regulated as a drug or therapeutic device by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act. (18) 'Counterfeit cigarette' means cigarettes that are manufactured, fabricated, assembled, processed, packaged, or labeled by any person other than the trademark owner of a cigarette brand or the owner's designated agent. (19) 'Dealer' means any person who is a cigar dealer, a cigarette dealer, a loose or smokeless tobacco dealer, an alternative nicotine product dealer, or a vapor product dealer. (20) 'Distributor' means any person who is a cigar distributor, a cigarette distributor, a loose or smokeless tobacco distributor, an alternative nicotine product distributor, or a vapor product distributor.

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(21) 'Electronic means' means internet enabled technology and digital media, including, but not limited to, websites and consumer applications accessible through computers, smartphones, or other electronic devices. (22) 'Employee' means an individual who is a full-time or part-time employee or independent contractor of a licensed dealer and who is at least 21 years of age. (23) 'First transaction' means the first sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products within this state. (24) 'Licensed dealer' means a dealer that maintains a valid license issued pursuant to this chapter with respect to tobacco products, alternative nicotine products, vapor products, or a combination thereof. (25) 'Little cigar' means any cigar weighing not more than three pounds per thousand. (26) 'Loose or smokeless tobacco' means granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff or snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking; and any tobacco product intended for human consumption that is not otherwise defined by this chapter. Such term shall not include alternative nicotine products, consumable vapor products, cigarettes, cigars, or tobacco purchased for the manufacture of cigarettes or cigars by cigarette manufacturers or cigar manufacturers. (27) 'Loose or smokeless tobacco dealer' means any person located within the borders of this state who sells or distributes loose or smokeless tobacco to a consumer in this state. (28) 'Loose or smokeless tobacco distributor' means any person who:
(A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on loose or smokeless tobacco dealers; and (B) Is engaged in the business of:
(i) Importing loose or smokeless tobacco into this state or purchasing loose or smokeless tobacco from other loose or smokeless tobacco manufacturers or loose or smokeless tobacco distributors; and (ii) Selling the loose or smokeless tobacco to loose or smokeless tobacco dealers in this state for resale but is not in the business of selling the loose or smokeless tobacco directly to the ultimate consumer of the loose or smokeless tobacco. (29) 'Loose or smokeless tobacco importer' means any person who imports into or who brokers within the United States, either directly or indirectly, finished loose or smokeless tobacco for sale or distribution. (30) 'Loose or smokeless tobacco manufacturer' means any person who manufactures, fabricates, assembles, processes, or labels finished loose or smokeless tobacco. (31) Reserved.

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(32) 'Open system' means any method or manner used to contain a consumable vapor product that is not a closed system. (33) '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 that 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. (34) 'Related machinery' means any item, device, conveyance, or vessel of any kind or character used in manufacturing, packaging, labeling, stamping, transporting, distributing, selling, or possessing counterfeit cigarettes. (35) 'Sale' means any sale, transfer, exchange, theft, barter, gift, or offer for sale and distribution in any manner or by any means whatever. (36) 'Stamp' means any impression, device, stamp, label, or print manufactured, printed, made, or affixed as prescribed by the commissioner. (37) 'Third party' means any person registered to do business in this state that has a contractual relationship with at least one licensed dealer. Such term shall include such person's employees and independent contractors. (38) 'Tobacco product' means any cigar, cigarette, or loose or smokeless tobacco. (39) 'Vapor device' means any system or device developed or intended to deliver a consumable vapor product to an individual who inhales from the device. Such term shall include, but not be limited to, an electronic nicotine delivery system, an electronic cigarette, electronic cigar, electronic pipe, vape pen, vape tool, or electronic hookah. Such term shall not include a fragrance or essential oil diffuser, an air freshener, or any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act. (40) 'Vapor product' means any consumable vapor product or vapor device. (41) 'Vapor product dealer' means any person located within the borders of this state who sells or distributes vapor products to a consumer in this state. (42) 'Vapor product distributor' means any person who:
(A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on vapor product dealers; and (B) Is engaged in the business of:
(i) Importing vapor products into this state or purchasing vapor products from other vapor product manufacturers or vapor product distributors; and (ii) Selling the vapor products to vapor product dealers in this state for resale but is not in the business of selling the vapor products directly to the ultimate consumers of the vapor products. (43) 'Vapor product importer' means any person who imports into or who brokers within the United States, either directly or indirectly, finished vapor products for sale or distribution.

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(44) 'Vapor product manufacturer' means any person who manufactures, fabricates, assembles, processes, or labels finished vapor products. (45) 'Vending machine' means any coin-in-the-slot device or other automated device that accepts payment and is used for the automatic merchandising of cigars, cigarettes, or loose or smokeless tobacco.

48-11-2. (a) An excise tax, in addition to all other taxes of every kind imposed by law, is imposed upon the sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, and vapor products in this state at the following rates:
(1) Little cigars: two and one-half mills each; (2) All cigars other than little cigars: 23 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances; (3) Cigarettes: 37 per pack of 20 cigarettes and a like rate, pro rata, for other size packages; (4) Loose or smokeless tobacco: 10 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances; (5) Consumable vapor products in a closed system: 5 per fluid milliliter; (6) Consumable vapor products in an open system: 7 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances; and (7) Vapor devices that contain any consumable vapor product at the time of sale and which are not designed or intended to be reused or refilled: 7 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances. (b) When the retail selling price is referred to in this chapter as the basis for computing the tax, it is intended to mean the ordinary retail selling price of the article to the consumer before adding the amount of the tax. (c) The taxes imposed by this chapter are levied on the purchase or use of cigars, cigarettes, or loose or smokeless tobacco by the state or any department, institution, or agency of the state and by the political subdivisions of the state and their departments, institutions, and agencies. The taxes imposed by this chapter are not imposed on cigars, cigarettes, or loose or smokeless tobacco purchased exclusively for use by the patients at the Georgia War Veterans Home and the Georgia War Veterans Nursing Home. (d) The taxes imposed by this chapter are not levied on cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products, the purchase or use of which this state is prohibited from taxing under the Constitution or statutes of the United States.

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

48-11-3. (a) Except as otherwise provided in this Code section, the taxes imposed by Code Section 48-11-2 shall be collected and paid through the use of stamps. The commissioner shall secure stamps of such design and materials as the commissioner deems appropriate to protect the revenue and shall sell the stamps to licensed distributors at a discount of not less than 2 percent and not more than 8 percent of the value of the stamps. The exact percentage of the discount shall be based on brackets according to the volume of cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, and vapor products handled by the distributor pursuant to regulations promulgated by the commissioner. The commissioner shall prescribe by regulation the condition, method, and manner in which stamps are to be affixed to containers of cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, and vapor products. (b) The commissioner may prescribe by regulation an alternate method, in lieu of the sale of stamps, of collecting and paying the tax imposed upon cigars and little cigars. The commissioner may also prescribe by regulation an alternate method, in lieu of the sale of

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stamps, of collecting and paying the tax imposed on loose or smokeless tobacco, alternative nicotine products, or vapor products. Any such regulations shall be promulgated so that use of the alternate method will result in the same revenue to the state as the state would realize through the sale of stamps to the distributors. (c) No distributor shall sell or exchange with another distributor any stamps issued pursuant to this chapter. The commissioner is authorized to redeem at cost price any stamps presented for redemption by a licensed distributor when the commissioner determines from physical inspection that no cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products have been sold by the distributor under pretense of the tax imposed by this chapter having been paid through use of the stamps.

48-11-4. (a) No person shall engage in or conduct the business of manufacturing, importing, brokering, purchasing, selling, consigning, vending, dealing in, shipping, receiving, or distributing cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products in this state without first obtaining a license from the commissioner. (a.1) The commissioner may require a separate license for each business activity and product for which a license is required under this chapter. Alternatively, the commissioner may issue a single license allowing the license holder to act as dealer, distributor, importer, or manufacturer, or a combination thereof as to cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products, or any combination thereof, at a location; provided, however, that the total licensing fee paid for the location shall be the same, whether the commissioner requires multiple licenses or issues a single license except for an additional $10.00 fee upon first issuance and each annual renewal of any manufacturer's, importer's, distributor's, or dealer's license for vapor products; provided, further, that the commissioner may permit or limit the business or activities of a license holder as to any product or products for which a license is required under this chapter without issuing a new license or requiring a new application. (a.2) The commissioner shall maintain at all times information for each location for which any license has been issued under this chapter whether the license holder is authorized to engage in business as a dealer, distributor, importer, or manufacturer, or a combination thereof, and whether cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products, or any combination thereof, have been authorized at such location. (b) All licenses shall be issued by the commissioner, who shall make rules and regulations with respect to applications for and issuance of the licenses and for other purposes of enforcing this chapter. The commissioner may refuse to issue any license under this chapter when the commissioner has reasonable cause to believe that the applicant has willfully withheld information requested of the applicant or required by the regulations to be provided or reported or when the commissioner has reasonable cause to believe that the

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information submitted in any application or report is false or misleading and is not given in good faith.
(c)(1) The annual renewal fee for a manufacturer's, importer's, distributor's, or dealer's license shall be $10.00 except for an additional $10.00 fee per year for those licenses that include vapor products. There shall also be a first-year registration fee of $250.00 for a person commencing business as a manufacturer, importer, or distributor, provided that there shall be only a first-year registration fee of $10.00 upon first issuance of each manufacturer's, importer's, distributor's, or dealer's license for vapor products to a person that currently holds such a license for tobacco products. All renewal applications shall be filed at least 30 days in advance of the expiration date shown on the license. (2) Each license, except a dealer's license, shall begin on July 1 and end on June 30 of the next succeeding year. The prescribed fee shall accompany every application for a license and shall apply for any portion of the annual period. (3) Each dealer's license shall be valid for 12 months beginning on the date of issue for the initial license, and the first day of the month of issue for subsequent licenses, and shall expire on the last day of the month preceding the month in which the initial license was issued. Any dealer licensed under the provisions of this Code section who is also licensed under Chapter 2 of Title 3 to sell alcoholic beverages may, upon written request to the commissioner, arrange to have both licenses renewed on the same date each year. Any dealer who follows the proper procedure for a renewal of his or her license, including filing the application for renewal at least 30 days in advance of the expiration date of his or her existing license, shall be allowed to continue operating as a dealer under the existing license until the commissioner has issued the new license or denied the application for renewal. (4) Each manufacturer's, importer's, distributor's, or dealer's license shall be subject to suspension or revocation for violation of any of the provisions of this chapter or of the rules and regulations made pursuant to this chapter or Chapters 13 and 13A of Title 10 or of the rules and regulations made pursuant to those chapters. A separate license shall be required for each place of business. No person shall hold a distributor's license and a dealer's license at the same time. (d) The commissioner may make rules and regulations governing the sale of cigars, cigarettes, loose or smokeless tobacco, and other tobacco products in vending machines. The commissioner shall require annually a special registration of each vending machine for any operation in this state and charge a license fee for the registration in the amount of $10.00 for each machine. The annual registration shall indicate the location of the vending machine. No vending machine shall be purchased or transported into this state for use in this state when the vending machine is not so designed as to permit inspection without opening the machine for the purpose of determining that all cigars, cigarettes, loose or smokeless tobacco, and other tobacco products contained in the machine bear the tax stamp required under this chapter.

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(e) The manufacturer's, importer's, distributor's, or dealer's license shall be exhibited in the place of business for which it is issued in the manner prescribed by the commissioner. The commissioner shall require each licensed distributor to file with the commissioner a bond in an amount of not less than $1,000.00 to guarantee the proper performance of the distributor's duties and the discharge of the distributor's liabilities under this chapter. The bond shall run concurrently with the distributor's license but shall remain in full force and effect for a period of one year after the expiration or revocation of the distributor's license unless the commissioner certifies that all obligations due the state arising under this chapter have been paid. (f) The jurisdiction of the commissioner in the administration of this chapter shall extend to every person using or consuming cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products in this state and to every person dealing in cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products in any way for business purposes and maintaining a place of business in this state. For the purpose of this chapter, the maintaining of an office, store, plant, warehouse, stock of goods, or regular sales or promotional activity, whether carried on automatically or by salespersons or other representatives, shall constitute, among other activities, the maintaining of a place of business. For the purpose of enforcement of this chapter and the rules and regulations promulgated under this chapter, notwithstanding any other provision of law, the commissioner or his or her duly appointed hearing officer is granted authority to conduct hearings which shall at all times be exercised in conformity with rules and regulations promulgated by the commissioner and consistent with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (g) The commissioner may provide for the licensing of promotional activities, not including the sale of cigars, cigarettes, or loose or smokeless tobacco, carried on by the manufacturer. The fee for any such license shall be $10.00 annually.

48-11-4.1. (a) Except as expressly provided in Code Section 48-11-4.2, it shall be unlawful to sell vapor products to any person who is not a licensed manufacturer, importer, distributor, or dealer of vapor products pursuant to Code Section 48-11-4 by any means other than an in-person, face-to-face sale. (b) A seller of a vapor product shall request proper identification from each person attempting to purchase a vapor product which shows that such person is at least 21 years of age. Each person attempting to purchase a vapor product shall provide proper identification to the seller at the time of such purchase. (c) A violation of any provision of this Code section shall be punished as for a misdemeanor as provided in Code Section 16-1-10 and shall result in the probation, suspension, or revocation by the commissioner of all licenses issued to the seller pursuant to Code Section 48-11-4.

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48-11-4.2. (a) Any licensed dealer may deliver to an address designated by an individual making a purchase of tobacco products, alternative nicotine products, or vapor products lawfully sold to and purchased by such individual for personal use and not for resale, subject to the following terms and conditions:
(1) The individual making the purchase shall, prior to ordering and purchasing tobacco products, alternative nicotine products, or vapor products for delivery, establish an account maintained by the licensed dealer that shall be available for inspection by the department; (2) The licensed dealer or the employee shall process all payments made by the individual making the purchase from the licensed dealer; (3) The licensed dealer, employee, or third party shall assemble, package, and fulfill each order at the licensed premises of the licensed dealer. Once any tobacco product, alternative nicotine product, or vapor product that is part of an order leaves the licensed premises of the licensed dealer, such product shall remain in the possession of the licensed dealer, the employee, or the third party who is to make the delivery and shall not be transferred to any other person until the time of delivery; (4) The delivery shall be made by the licensed dealer, employee, or third party who:
(A) Is at least 21 years of age; (B) Has a valid Georgia driver's license; (C) Has undergone within the last 12 months a background check that includes a local and national criminal history and driving record and:
(i) Has not had more than three moving violations in the prior three-year period; (ii) Has not had a major traffic violation, as such term is defined in Code Section 40-5-142, in the prior three-year period; (iii) Has not been convicted within the past seven years of driving under the influence of drugs or alcohol; (iv) Has not been convicted at any time of fraud, a sexual offense, the use of a motor vehicle to commit a felony, a crime involving property damage, a crime involving theft, a crime involving an act of violence, or a crime involving an act of terror; and (v) Does not have a match on the National Sex Offender Registry data base; (D) Shall not possess or handle as part of or during the delivery forms of compensation that are used to purchase or transact the sale of tobacco products, alternative nicotine products, or vapor products; and (E) Does not receive compensation based upon whether an attempted delivery results in a completed transaction; (5) The delivery shall be made by the licensed dealer, employee, or third party to an individual who is at least 21 years of age and presents proper identification verifying the age of such individual; (6) At the time of the delivery, the licensed dealer, employee, or third party shall verify the identity and age of the individual accepting delivery by validating the proper

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identification of the individual accepting delivery and obtaining his or her signature on a written or electronic acknowledgment of receipt of the order and certification of legal age to purchase tobacco products, alternative nicotine products, or vapor products. The licensed dealer, employee, or third party shall scan or otherwise verify the proper identification of the individual accepting delivery and shall retain a record of such individual's name and date of birth that shall be available for inspection upon request for a minimum of three years; (7) The licensed dealer, employee, or third party conducting the delivery shall not make the delivery if:
(A) No individual is at the address to accept delivery; or (B) The individual attempting to accept the delivery:
(i) Is less than 21 years of age; (ii) Fails to produce proper identification verifying his or her age; or (iii) Fails to provide a signature that matches such proper identification; (8) All deliveries shall be inspected at the time of delivery by the individual accepting such delivery. The transaction shall be deemed complete upon acceptance of the delivery of the tobacco products, alternative nicotine products, or vapor products, and all sales shall be final; and (9) No delivery shall knowingly be made to any address or to any property that is part of: (A) Any public or private elementary or secondary school, including without limitation any dormitory, housing, or common space located on the campus thereof; (B) Any prison, reformatory, or other correctional facility; (C) Any addiction or substance abuse facility; or (D) Any locker, mailbox, package shipping location, or similar service or storage facility or business. (b) A licensed dealer may use electronic means to market, receive, and process orders placed by individuals who are at least 21 years of age for tobacco products, alternative nicotine products, or vapor products it is licensed to sell, provided that any such orders shall be delivered in accordance with subsection (a) of this Code section. (c) A licensed dealer may market, receive, and process orders for tobacco products, alternative nicotine products, or vapor products it is licensed to sell placed by individuals who are at least 21 years of age using electronic means owned, operated, or maintained by a third party, provided that any such order shall be delivered in accordance with subsection (a) of this Code section and that: (1) The licensed dealer shall maintain control and responsibility over the sales transaction and the transfer of the physical possession of tobacco products, alternative nicotine products, or vapor products to the employee or third party conducting the delivery; (2) The licensed dealer shall retain discretion to elect whether to accept and complete an order or to reject an order;

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(3) The transaction shall take place between the individual placing the order and the licensed dealer and the licensed dealer shall appear as the merchant of record at the time of purchase and at the time of receipt of the delivery; (4) Any credit or debit card information provided by the individual placing the order to a third party for the purpose of the transaction with the licensed dealer shall be automatically directed to the licensed dealer; (5) The licensed dealer who accepts the order shall receive the payment that is made by the individual making the purchase with such licensed dealer; and (6) The delivery of tobacco products, alternative nicotine products, or vapor products to the individual who placed the order shall be made by the licensed dealer, employee, or third party as provided for in paragraphs (4) through (9) of subsection (a) of this Code section. (d) Persons appointed by the commissioner as special agents or enforcement officers of the department shall, in addition to the powers and duties provided for in this chapter, have the power to inspect, without a warrant, in a lawful manner any premises of the licensed dealer or any vehicle being used by the licensed dealer, employee, or third party to make a delivery under this Code section for the purpose of: (1) Determining if any provision of this Code section or any rule or regulation promulgated under its authority is being violated; or (2) Securing evidence as may be needed for an administrative proceedings action, as provided in this Code section or any other provision of this chapter. (e) The commissioner shall be authorized to promulgate and enforce such rules and regulations as he or she may deem necessary to carry out or effectuate the provisions of this Code section, including, but not limited to, rules and regulations governing the training of individuals making deliveries. (f) In addition to the commissioner's power to suspend, revoke, or cancel licenses issued pursuant to this chapter, upon a violation of any provision of this Code section or any rule or regulation promulgated thereunder, the commissioner shall have the power to impose a fine not to exceed $500.00 for each violation and may suspend for up to 30 days for each violation the authorization provided by this Code section for the licensed dealer to deliver tobacco products, alternative nicotine products, or vapor products or to use an employee or third party to deliver such products. Any violation committed by an employee or a third party shall be attributed to and deemed to be an act taken by the licensed dealer for purposes of this Code section. A licensed dealer, employee, and third party may each be fined for the same violation. Nothing in this paragraph shall be construed to allow the commissioner to suspend or terminate the authorization of a licensed dealer to sell tobacco products, alternative nicotine products, or vapor products on the licensed premises as a result of a violation of this Code section by a third party. (g) The penalties provided for in this Code section shall be in addition to any criminal penalties that may otherwise be provided by law.

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48-11-5. (a)(1) If the commissioner finds that the collection of the tax imposed by this chapter would be facilitated by such action, the commissioner may authorize any person residing or located outside this state who is engaged in the business of manufacturing cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products or any person residing or located outside this state who ships cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products into this state for sale to licensed dealers in this state to be licensed as a distributor and, after the person complies with the commissioner's requirements, to affix or cause to be affixed the stamps required by this chapter on behalf of the purchasers of the cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products who would otherwise be taxable for the cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, and vapor products. The commissioner may sell tax stamps to an authorized person or may authorize the use of a metering machine by the person as provided in Code Section 48-11-3. (2) The commissioner shall require a bond of a nonresident distributor satisfactory to the commissioner and in an amount of not less than $1,000.00, conditioned upon the payment of the tax and compliance with any other requirements specified by the commissioner. As a condition of authorization as provided in this Code section, a nonresident distributor shall agree to submit the distributor's books, accounts, and records for examination by the commissioner or the commissioner's duly authorized agent during reasonable business hours and shall appoint in writing an agent who resides in this state for the purpose of service. Service upon an agent shall be sufficient service upon the nonresident distributor and made by leaving a duly attested copy of the process with the agent. When legal process against any nonresident distributor is served upon the agent, the agent shall notify the nonresident distributor in the manner specified in Code Section 40-12-2. (3) Upon the grant of authorization as provided in this subsection and except as may otherwise be determined by the commissioner, a nonresident distributor shall become a licensed distributor within the meaning of this chapter and shall be subject to all provisions of this chapter applicable to licensed distributors.
(b) Every nonresident manufacturer, importer, or distributor of cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products making shipments of cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products by common carrier or otherwise for their own account or for the account of others to distributors or dealers of cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products located within this state shall make reports of the shipments when and as required by rules and regulations of the commissioner.

48-11-6. The commissioner may suspend or refuse to renew a license issued to any person under this chapter for violation of any provision of this chapter or Chapters 13 and 13A of Title 10

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or of the rules and regulations made pursuant to those chapters. After notice and opportunity for hearing, the commissioner may revoke a license issued to any person under this chapter for violation of any provision of this chapter or of any rule or regulation of the commissioner made pursuant to this chapter or Chapters 13 and 13A of Title 10 or of the rules and regulations made pursuant to those chapters. Any person aggrieved by the suspension of or refusal to renew his or her license may apply to the commissioner for a hearing as provided in subsection (a) of Code Section 48-11-18; and any person aggrieved by the action of the commissioner in revoking or refusing to renew his or her license after hearing may further appeal to the courts as provided in subsection (b) of Code Section 48-11-18. No legal proceedings or other action by the commissioner shall be barred or abated by the suspension, revocation, or expiration of any license issued under this chapter.

48-11-7. Each bond required to be filed pursuant to this chapter shall be executed by the distributor as principal and, as surety, by a corporation authorized to engage in business as a surety company in this state.

48-11-8. (a)(1) No person shall sell, offer for sale, or possess with intent to sell any cigarettes in this state when the cigarette container does not bear the tax stamps required by Code Section 48-11-3. (2) No person shall sell, offer for sale, or possess with intent to sell in this state any cigars or little cigars, alternative nicotine products, or vapor products upon which the tax has not been paid under the alternate method of collecting the taxes provided in Code Section 48-11-3 or which do not bear tax stamps. (3) No person shall sell, offer for sale, or possess with intent to sell any loose or smokeless tobacco in this state when the loose or smokeless tobacco container does not bear the tax stamps required by Code Section 48-11-3 or upon which the tax has not been paid under the alternate method of collecting the tax provided under Code Section 48-11-3. (4) No person shall sell, offer for sale, or possess with intent to sell cigarettes as prohibited by Code Section 10-13A-5.
(b) Each distributor at the location for which such distributor's license is issued and in the manner specified by the commissioner shall affix the stamps required by this Code section to each individual package of cigarettes sold or distributed by such distributor, except as prohibited by Code Section 10-13A-5. Each distributor shall comply with the commissioner's regulations for the payment of the tax on cigars, loose or smokeless tobacco, alternative nicotine products, or vapor products as provided in Code Section 48-11-3 or shall affix to each container of cigars or loose or smokeless tobacco sold by such distributor or from which such distributor sells cigars or loose or smokeless

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tobacco the stamps required by this chapter. The stamps may be affixed or the tax under the alternate method may be paid by a distributor at any time before the cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products are transferred out of such distributor's possession. (c) It is the intent of this chapter that the tax imposed by this chapter be paid only once and that, if the distributor acquires stamped cigarettes, tax-paid cigars, stamped cigars, stamped loose or smokeless tobacco, tax-paid loose or smokeless tobacco, tax-paid alternative nicotine products, or tax-paid vapor products, such distributor is not required to affix additional stamps or provide other evidence of payment of the tax. (d) Every dealer who comes into possession of cigars, cigarettes, or loose or smokeless tobacco not bearing proper tax stamps or other evidence of the tax imposed by this chapter shall report the cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products to the commissioner prior to displaying, selling, using, or otherwise disposing of the cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, and vapor products. After a report, the commissioner shall authorize a licensed distributor to affix the proper stamps to the cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products or, in the case of cigars, loose or smokeless tobacco, alternative nicotine products, or vapor products, authorize the dealer to remit the tax by the alternate method promulgated by the commissioner in accordance with Code Section 48-11-3. A licensed distributor shall affix the stamps or comply with the alternate regulations when presented a permit for such action issued by the commissioner. A licensed distributor shall stamp cigarettes or comply with the alternate method provided in this chapter with respect to cigars, loose or smokeless tobacco, alternative nicotine products, or vapor products, other than such distributor's own, only when authorized by the permit issued by the commissioner. (e) No wholesale or retail distributor or wholesale or retail dealer shall accept deliveries of unstamped cigarettes or loose or smokeless tobacco or nontax-paid cigars, nontax-paid loose or smokeless tobacco, nontax-paid alternative nicotine products, or nontax-paid vapor products which are shipped to such distributor or acquired by such distributor at any place within this state except as authorized and provided in this Code section. All cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, and vapor products shall be examined by the distributor or dealer on receipt, and the distributor shall immediately report the cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products to the commissioner as provided in subsection (d) of this Code section. (f) The commissioner may prescribe the charges which may be made by a distributor to any person for the services of the distributor as provided in this chapter in affixing the tax stamps to each individual package of cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products and may prescribe the charges which may be made by a distributor in complying with the commissioner's alternate regulations for the collection of the tax on cigars and little cigars or loose or smokeless tobacco.

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(g) This Code section shall not apply to unstamped cigars, little cigars, loose or smokeless tobacco, alternative nicotine products, or vapor products upon which the tax has been paid in accordance with the alternate regulations promulgated by the commissioner under Code Section 48-11-3.

48-11-9. (a)(1) Any cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products found at any place in this state without stamps affixed to them as required by this chapter and any cigarettes in violation of subsection (c) of Code Section 10-13A-9 are declared to be contraband articles and may be seized by the commissioner, the commissioner's agents or employees, or any peace officer of this state when directed by the commissioner to do so. (2) Paragraph (1) of this subsection shall not apply when: (A) The tax has been paid on the unstamped cigars and little cigars, loose or smokeless tobacco, alternative nicotine products, or vapor products in accordance with the commissioner's regulations promulgated pursuant to Code Section 48-11-3; (B) The cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products are in the possession of a licensed distributor; (C) The cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products are in course of transit from outside this state and are consigned to a licensed distributor; (D) The cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products are in the possession of a transporter who is in compliance with Code Section 48-11-22; or (E) The cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products are in the possession of a registered taxpayer as defined in Code Section 48-11-14 and the time for making the report required by Code Section 48-11-14 has not expired. (3) This subsection shall not be construed to require the commissioner to confiscate unstamped or nontax-paid cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, and vapor products or other property when the commissioner has reason to believe that the owner of the cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, vapor products, or other property is not willfully or intentionally evading the tax imposed by this chapter.
(b) Any cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, vapor products, or other property seized pursuant to this chapter may be offered for sale by the commissioner, at the commissioner's discretion, at public auction to the highest bidder after advertisement as provided in this Code section. The commissioner shall deliver to the Office of the State Treasurer the proceeds of any sale made under this Code section. Before delivering any cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products sold to a purchaser at the sale, the commissioner shall require

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the purchaser to affix to the packages the amount of stamps required by this chapter or to comply with the commissioner's alternate method. The seizure and sale of any cigars, cigarettes, loose or smokeless tobacco, or other property pursuant to this chapter shall not relieve any person from a fine, imprisonment, or other penalty for violation of this chapter. (c) When any cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, vapor products, or other property has been seized pursuant to this chapter, the commissioner, at the commissioner's discretion, may advertise it for sale in a newspaper published or having a circulation in the place in which the seizure occurred, at least five days before the sale. Any person claiming an interest in the cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, vapor products, or other property may make written application to the commissioner for a hearing. The application shall state the person's interest in the cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, vapor products, or other property and such person's reasons why the cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, vapor products, or other property should not be forfeited. Further proceedings on the application for hearing shall be taken as provided in subsection (a) of Code Section 48-11-18. No sale of any cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, vapor products, or other property seized pursuant to this chapter shall be made while an application for a hearing is pending before the commissioner. The pendency of an appeal under subsection (b) of Code Section 48-11-18 shall not prevent the sale unless the appellant posts a satisfactory bond with surety in an amount double the estimated value of the cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, vapor products, or other property and conditioned upon the successful termination of the appeal. (d) Any vending machine containing or dispensing any cigarettes or loose or smokeless tobacco which does not bear the tax stamps required under this chapter or containing or dispensing any cigars or loose or smokeless tobacco upon which the tax has not been paid either through the purchase of stamps or the alternate procedure provided by the commissioner as required under this chapter shall be a contraband article. The commissioner may seize any such machine and deal with it in the same manner as provided by law for the seizure and sale of unstamped cigarettes or loose or smokeless tobacco and nontax-paid cigars or loose or smokeless tobacco.

48-11-10. (a) Every licensed distributor shall file with the commissioner, on or before the tenth day of each month, a report in the form prescribed by the commissioner disclosing:
(1) The quantity of cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products on hand on the first and last days of the calendar month immediately preceding the month in which the report is filed; (2) Information required by the commissioner concerning the amount of stamps purchased, used, and on hand during the report period; and (3) Information otherwise required by the commissioner for the report period.

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(b) The commissioner may require other reports as the commissioner deems necessary for the proper administration of this chapter, including, but not limited to, reports from common carriers and warehousemen with respect to cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, and vapor products delivered to or stored at any point in this state. (c) Any person who fails to file any report when due shall forfeit as a penalty for each day after the due date until the report is filed the sum of $25.00, to be collected in the manner provided in subsection (c) of Code Section 48-11-24 for the collection of penalties.

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

48-11-12. (a)(1) The commissioner shall assess a deficiency and may assess a penalty of 10 percent of the deficiency if, after an examination of the invoices, books, and records of a licensed distributor or dealer or of any other information obtained by the commissioner or the commissioner's authorized agents, the commissioner determines that: (A) The report of the licensed distributor or dealer is incorrect;

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(B) The licensed distributor or dealer has not paid the tax in accordance with the alternate regulations promulgated by the commissioner under Code Section 48-11-3; or (C) The licensed distributor or dealer has not purchased sufficient stamps to cover such licensed distributor's or dealer's receipts for sales or other disposition of unstamped cigarettes or loose or smokeless tobacco and nontax-paid cigars, nontax-paid loose or smokeless tobacco, nontax-paid alternative nicotine products, or nontax-paid vapor products. (2) In any case where a licensed distributor or dealer cannot produce evidence of sufficient stamps purchased or other payment of the tax to cover the receipt of unstamped cigarettes or loose or smokeless tobacco or nontax-paid cigars, nontax-paid loose or smokeless tobacco, nontax-paid alternative nicotine products, or nontax-paid vapor products, it shall be assumed that the cigars, cigarettes, and loose or smokeless tobacco were sold without having either the proper stamps affixed or the tax paid on unstamped cigars or loose or smokeless tobacco. (b) If the commissioner determines that the deficiency or any part of the deficiency is due to a fraudulent intent to evade the tax, a penalty of 50 percent of the deficiency shall be added to the amount due.

48-11-13. (a) There is imposed a tax on every person for the privilege of using, consuming, or storing cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, and vapor products in this state on which the tax imposed by Code Section 48-11-2 has not been paid. The tax shall be measured by and graduated in accordance with the volume of cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, and vapor products used, consumed, or stored as set forth in Code Section 48-11-2. (b) This Code section shall not apply to:
(1) Cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products in the hands of a licensed distributor or dealer; (2) Cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products in the possession of a common carrier complying with Code Section 48-11-22 or delivery being made pursuant to Code Section 48-11-4.2; (3) Cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products stored in a public warehouse; (4) Cigarettes or little cigars in an amount not exceeding 200 cigarettes or little cigars which have been brought into this state on the person; (5) Cigars in an amount not exceeding 20 cigars which have been brought into this state on the person; (6) Loose or smokeless tobacco in an amount not exceeding six containers which has been brought into this state on the person;

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(7) Alternative nicotine products in an amount not exceeding six containers which have been brought into this state on the person; (8) Consumable vapor products in an amount not exceeding 50 milliliters which have been brought into this state on the person; or (9) Up to five vapor devices which have been brought into this state on the person.

48-11-14. (a) Before any person acquires cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products subject to the tax imposed by Code Section 48-11-13, such person shall register with the commissioner as a responsible taxpayer subject to the obligation of maintaining records and making reports in the form prescribed by the commissioner. The report shall be made on or before the tenth day of the month following the month in which the cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products were acquired and shall be accompanied by the amount of tax due. (b) If any person subject to the tax imposed by Code Section 48-11-13 fails to make the required report or makes an incorrect report, the commissioner shall assess the correct amount of tax due from that person from the best information available to him or her. A copy of the assessment shall be furnished the person by registered or certified mail or statutory overnight delivery, return receipt requested, or by personal service. Any person aggrieved by any assessment pursuant to this Code section may request a hearing in the manner provided in subsection (a) of Code Section 48-11-18. (c) Every person subject to the tax imposed by Code Section 48-11-13 who fails to register with the commissioner as a responsible taxpayer, who fails to make a report within the time specified, or who fails to remit the tax within the time specified may be required to pay a penalty of not less than $25.00 nor more than $250.00 in addition to the tax and any other penalties imposed by law and found due by the commissioner. The commissioner may proceed to collect the tax and penalty in the manner provided in subsection (c) of Code Section 48-11-24. (d) Except as otherwise provided in this Code section, the sanctions and penalties set forth in Code Sections 48-11-15, 48-11-17, 48-11-18, and 48-11-20 through 48-11-24 and in Code Sections 48-7-2 and 48-13-38 shall be imposed where applicable for any violations of this chapter by consumers.

48-11-15. The Office of the State Treasurer is authorized to pay, on the order of the commissioner, claims for refunds of cigar, cigarette, loose or smokeless tobacco, alternative nicotine product, or vapor product taxes found by the commissioner or the courts to be due any distributor, dealer, or taxpayer. The commissioner, upon proof satisfactory to the commissioner and in accordance with regulations promulgated by the commissioner, shall refund the cost price of stamps affixed to any package of cigars, cigarettes, or loose or

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smokeless tobacco or shall refund the tax paid on cigars, loose or smokeless tobacco, alternative nicotine products, or vapor products under the alternate method when the cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products have become unfit for use, consumption, or sale and have been destroyed or shipped out of this state.

48-11-16. (a) The commissioner may permit licensed distributors to purchase tax stamps from the department on account. Permits may be granted only to licensed distributors who post bonds with the commissioner in amounts sufficient in the opinion of the commissioner to secure payment for stamps delivered on account. Tax stamps purchased by licensed distributors shall be paid for in full on or before the twentieth day of the month next succeeding the purchase. The bond provided in this Code section shall be secured by cash which shall bear no interest, by negotiable securities approved by the Office of the State Treasurer, or by a surety bond executed by a surety company licensed to do business in this state and approved by the commissioner. (b) The commissioner may cancel without notice any permit issued under this Code section if the licensed distributor fails or refuses to comply with the requirements of this Code section or with the rules and regulations adopted under authority of this Code section. (c) On or before June 30 of each fiscal year, the licensed distributor shall pay in its entirety any liability for the purchase of tax stamps due at that time.

48-11-17. The amount of any unpaid tax shall be a lien against the property of any distributor or dealer who sells cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products without collecting the tax and against the property of any person using or consuming cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products without proper stamps affixed to the cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products or without the tax paid on the cigars, loose or smokeless tobacco, alternative nicotine products, or vapor products as otherwise provided in this chapter. The commissioner or the commissioner's authorized agents are authorized to seize the property of a delinquent distributor, dealer, or taxpayer and sell it as provided by law to satisfy the claim for taxes due under this chapter; or the commissioner may record the commissioner's lien specifying and describing the property against which the lien is effective, and the lien shall be good as against any other person until the claim for taxes is satisfied.

48-11-18. (a) Any person aggrieved by any action of the commissioner or the commissioner's authorized agent may apply to the commissioner, in writing within ten days after the notice of the action is delivered or mailed to the commissioner, for a hearing. The application

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

48-11-19. (a) Each person appointed by the commissioner as a special agent or enforcement officer of the department for the enforcement of the laws of this state with respect to the manufacture, transportation, distribution, sale, possession, and taxation of cigars, cigarettes, little cigars, loose or smokeless tobacco, alternative nicotine products, and vapor products shall have the authority throughout this state to:
(1) Obtain and execute warrants for arrest of persons charged with violations of such laws; (2) Obtain and execute search warrants in the enforcement of such laws; (3) Arrest without warrant any person violating such laws in the officer's presence or within such officer's immediate knowledge when there is likely to be a failure of enforcement of such laws for want of a judicial officer to issue a warrant; (4) Make investigations in the enforcement of such laws and, in connection with such investigations, to go upon any property outside buildings, whether posted or otherwise, in the performance of such officer's duties;

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(5) Seize and take possession of all property which is declared contraband under such laws; and (6) Carry firearms while performing such officer's duties. (b) Each special agent or enforcement officer shall file with the commissioner a public official's bond in the amount of $1,000.00, the cost of the bond to be borne by the department. Nothing in this chapter shall be construed to relieve agents and officers, after making an arrest, from the duties imposed generally to obtain a warrant promptly and to return arrested persons without undue delay before a person authorized to examine, commit, or receive bail as required by general law. (c) After a special agent or enforcement officer has accumulated 25 years of service with the department, upon leaving the department under honorable conditions, such special agent or enforcement officer shall be entitled as part of such officer's compensation to retain his or her weapon and badge pursuant to regulations promulgated by the commissioner. (d) As used in this subsection, the term 'disability' means a disability that prevents an individual from working as a law enforcement officer. When a special agent or enforcement officer leaves the department as a result of a disability arising in the line of duty, such special agent or enforcement officer shall be entitled as part of such officer's compensation to retain his or her weapon and badge in accordance with regulations promulgated by the commissioner.

48-11-20. The failure to do any act required by this chapter shall be deemed an act committed in part at the office of the commissioner in Atlanta. The certificate of the commissioner to the effect that any act required by this chapter has not been done shall be prima-facie evidence that the act has not been done.

48-11-21. The superior courts of this state shall have jurisdiction of offenses against this chapter which are punishable by fine or imprisonment, or both.

48-11-22. (a) Every person who transports upon the public highways, roads, and streets of this state cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products not stamped or on which tax has not been paid in accordance with the alternate regulations provided by the commissioner under Code Section 48-11-3 shall have in such person's actual possession invoices or delivery tickets for the cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, and vapor products which show the true name and address of the consignor or seller, the true name of the consignee or purchaser, the quantity and brands of the cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products transported, and the name and address of the person

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who has assumed or shall assume the payment of the tax at the point of ultimate destination. In the absence of the invoices or delivery tickets, the cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products being transported and the vehicles in which the cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products are being transported shall be confiscated and disposed of as provided in Code Section 48-11-9; and the transporter may be liable for a penalty of not more than $50.00 for each individual carton of little cigars or cigarettes, $50.00 for each individual box of cigars, $50.00 for each individual container of loose or smokeless tobacco being transported by such person, and $50.00 for each individual container of alternative nicotine products, each vapor device, or each 5 milliliters of consumable vapor products. The penalty shall be recovered as provided in subsection (c) of Code Section 48-11-24. (b) This Code section shall apply only to the transportation of more than 200 cigarettes, more than 200 little cigars, more than 20 cigars, more than six containers of loose or smokeless tobacco, more than six containers of alternative nicotine products, more than five vapor devices, or more than 50 milliliters of consumable vapor products.

48-11-23. (a) It shall be unlawful for any person, with the intent to evade the tax imposed by this chapter, to transport cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products in violation of Code Section 48-11-22. (b) Any person who violates Code Section 48-11-22, with the intent to evade the tax imposed by this chapter, shall, upon conviction, be subject to the following punishments:
(1) If such person is transporting more than 20 but fewer than 60 cigars, more than 200 but fewer than 600 cigarettes or little cigars, more than six but fewer than 18 containers of loose or smokeless tobacco, more than six but fewer than 18 containers of alternative nicotine products, more than five vapor devices but fewer than 20 vapor devices, or more than 50 milliliters but fewer than 200 milliliters of consumable vapor products, such person shall be guilty of a misdemeanor; (2) If such person is transporting 60 or more but fewer than 200 cigars, 600 or more but fewer than 2,000 cigarettes or little cigars, 18 or more but fewer than 60 containers of loose or smokeless tobacco, 18 or more but fewer than 60 containers of alternative nicotine products, 20 or more but fewer than 60 vapor devices, or 200 milliliters or more but fewer than 600 milliliters of consumable vapor products, such person shall be guilty of a misdemeanor of a high and aggravated nature; or (3) If such person is transporting 200 or more cigars, 2,000 or more cigarettes or little cigars, 60 or more containers of loose or smokeless tobacco, 60 or more containers of alternative nicotine products, 60 or more vapor devices, or 600 milliliters or more of consumable vapor products, such person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than three years nor more than ten years.

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48-11-23.1. (a) As used in this Code section, the term 'package' means a pack, carton, or container of any kind in which cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products are offered for sale, sold, or otherwise distributed, or intended for distribution, to consumers. (b) No tax stamp may be affixed to, or made upon, any package of cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products if:
(1) The package differs in any respect with the requirements of the federal Cigarette Labeling and Advertising Act, 15 U.S.C. Section 1331, et seq., or those requirements established by the United States Food and Drug Administration, for the placement of labels, warnings, or any other information upon a package of cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products that are to be sold within the United States; (2) The package is labeled 'For Export Only,' 'U.S. Tax Exempt,' 'For Use Outside U.S.,' or similar wording indicating that the manufacturer did not intend that the product be sold in the United States; (3) The package, or a package containing individually stamped packages, has been altered by adding or deleting the wording, labels, or warnings described in paragraph (1) or (2) of this subsection; (4) The package has been imported into the United States after January 1, 2000, in violation of 26 U.S.C. Section 5754; (5) The package in any way violates federal trademark or copyright laws; or (6) The package in any way violates Code Section 10-13A-5. (c) Any person who sells or holds for sale a cigarette, loose or smokeless tobacco, alternative nicotine product, or vapor product package to which is affixed a tax stamp in violation of subsection (b) of this Code section shall be guilty of a misdemeanor. (d) Notwithstanding any other provision of law, the commissioner may revoke any license issued under this chapter to any person who sells or holds for sale a cigarette, loose or smokeless tobacco, alternative nicotine product, or vapor product package to which is affixed a tax stamp in violation of subsection (b) of this Code section. (e) Notwithstanding any other provision of law, the commissioner may seize and destroy or sell to the manufacturer, only for export, packages that do not comply with subsection (b) of this Code section. (f) A violation of subsection (b) of this Code section shall constitute an unfair and deceptive act or practice under Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'

48-11-24. (a) Any person who possesses unstamped cigarettes or nontax-paid cigars, little cigars, loose or smokeless tobacco, alternative nicotine products, or vapor products in violation of this chapter shall be liable for a penalty of not more than $50.00 for each individual

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

48-11-25. (a)(1) It shall be unlawful for any person, with the intent to evade the tax imposed by this chapter, to possess unstamped cigarettes or loose or smokeless tobacco or nontax-paid cigars, loose or smokeless tobacco, alternative nicotine products, or vapor products. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor. (b)(1) It shall be unlawful for any person, with the intent to evade the tax imposed by this chapter, to: (A) Sell cigarettes or loose or smokeless tobacco without the stamps required by this chapter being affixed to the cigarettes or loose or smokeless tobacco; or (B) Sell cigars, loose or smokeless tobacco, alternative nicotine products, or vapor products without the stamp or stamps required by this chapter or without the tax being paid on the cigars, loose or smokeless tobacco, alternative nicotine products, or vapor products in accordance with the alternate method. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than ten years.

48-11-26. (a) With respect to this chapter, it shall be unlawful for any person, with the intent to defraud the state or evade the payment of any tax, penalty, or interest or any part of a payment when due, to:

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(1) Willfully fail or refuse to file any report or statement required to be filed pursuant to this chapter or by the commissioner's rules and regulations; or (2) Aid or abet another in the filing with the commissioner of any false or fraudulent report or statement. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 for each separate offense.

48-11-27. (a) It shall be unlawful for any person to:
(1) Make a false entry upon any invoices or any record relating to the purchase, possession, or sale of cigars, cigarettes, loose or smokeless tobacco, alternative nicotine products, or vapor products; or (2) With intent to evade any tax imposed by this chapter, present any false entry upon any such invoice or record for the inspection of the commissioner or the commissioner's authorized agents. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $250.00 for each separate offense.

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

48-11-29. Reserved.

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48-11-30. (a) Notwithstanding any other provision of law, the sale or possession for sale of counterfeit cigarettes by any person shall result in the seizure of the product and related machinery by the commissioner or his or her authorized agents and any law enforcement agency at the direction of the commissioner and shall be punishable as follows:
(1) A first violation with a total quantity of less than two cartons of cigarettes shall be punishable by a fine of $1,000.00 or five times the retail value of the cigarettes involved, whichever is greater, or imprisonment not to exceed five years, or both the fine and imprisonment; (2) A subsequent violation with a total quantity of less than two cartons of cigarettes shall be punishable by a fine of $5,000.00 or five times the retail value of the cigarettes involved, whichever is greater, or imprisonment not to exceed five years, or both the fine and imprisonment; (3) A first violation with a total quantity of two cartons of cigarettes or more shall be punishable by a fine of $2,000.00 or five times the retail value of the cigarettes involved, whichever is greater, or imprisonment not to exceed five years, or both the fine and imprisonment; and (4) A subsequent violation with a quantity of two cartons of cigarettes or more shall be punishable by a fine of $50,000.00 or five times the retail value of the cigarettes involved, whichever is greater, or imprisonment not to exceed five years, or both the fine and imprisonment. (b) An act committed by or on behalf of a licensed cigarette manufacturer, cigarette importer, cigarette distributor, or cigarette dealer in violation of paragraph (2) or (4) of subsection (a) of this Code section shall also result in the revocation of the license by the department pursuant to Code Section 48-11-6. (c) Any counterfeit cigarette seized by or at the direction of the commissioner shall be destroyed by the commissioner or his or her designee. Any related machinery seized by or at the direction of the commissioner may be sold by the commissioner at public auction in accordance with the requirements of Code Section 48-11-9."

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that Section 2 of this Act shall become effective on January 1, 2021, for all other purposes.

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

Approved July 22, 2020.

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AGRICULTURE HEMP FARMING; COMPLIANCE WITH FEDERAL LAWS AND REGULATIONS; LICENSING AND PERMITTING; TESTING; DESTRUCTION OF NONCOMPLIANT HEMP; SANCTIONS.

No. 484 (House Bill No. 847).

AN ACT

To amend Chapter 23 of Title 2 of the Official Code of Georgia Annotated, relating to hemp farming, so as to provide definitions; to provide for compliance with federal laws and regulations; to provide for license and permit fees; to provide for criminal background checks; to provide for transportation of hemp; to provide for testing of hemp samples; to provide for destruction of noncompliant hemp and excess THC; to provide for violations of the state hemp plan; 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 23 of Title 2 of the Official Code of Georgia Annotated, relating to hemp farming, is amended in Code Section 2-23-3, relating to definitions, by revising paragraphs (3) through (11) and by adding a new paragraph to read as follows:
"(3) 'Federally defined THC level for hemp' means a delta-9-THC concentration of not more than 0.3 percent on a dry weight basis, or as defined in 7 U.S.C. Section 1639o, whichever is greater. (4) 'Handle' means to possess or store hemp plants for any period of time on premises owned, operated, or controlled by a person licensed to cultivate or permitted to process hemp, or to possess or store hemp plants in a vehicle for any period of time other than during the actual transport of such plants from the premises of a person licensed to cultivate or permitted to process hemp or a college or university authorized to conduct research pursuant to Code Section 2-23-4 to the premises of another licensed or permitted person or to a college or university authorized to conduct research pursuant to Code Section 2-23-4; provided, however, that this term shall not include possessing or storing finished hemp products. (5) 'Hemp' means the Cannabis sativa L. plant and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with the federally defined THC level for hemp or a lower level. (6) 'Hemp products' means all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or plant parts that are prepared in a

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form available for legal commercial sale, but not including food products infused with THC unless approved by the United States Food and Drug Administration. (7) 'Key participant' means a sole proprietor, a partner in a partnership, or a person with executive managerial control in a corporation when such sole proprietor, partnership, or corporation is an applicant to be a licensee or a permittee. A person with executive managerial control in a corporation includes persons serving as a chief executive officer, chief operating officer, chief financial officer, or any other individual identified in regulations promulgated by the department. This term shall not include nonexecutive managers, such as farm, field, or shift managers. (8) 'Licensee' means an individual or business entity possessing a hemp grower license issued by the department under the authority of this chapter to handle and cultivate hemp in the State of Georgia. (9) 'Permittee' means an individual or business entity possessing a hemp processor permit issued by the department under the authority of this chapter to handle and process hemp in the State of Georgia. (10) 'Process' or 'processing' means converting an agricultural commodity into a legally marketable form. This term does not include merely placing raw or dried material into another container or packaging raw or dried material for resale. (11) 'Research' or 'researching' means experimental field, greenhouse, or laboratory activity for the ultimate purpose of developing new hemp varieties and products, improving existing hemp products, developing new uses for existing hemp products, or developing or improving methods for producing hemp products. (12) 'THC' means tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid."

SECTION 2. Said chapter is further amended in Code Section 2-23-4, relating to required licenses, research by colleges and universities, and processing of other products, by revising paragraphs (2), (3), and (6) of subsection (a) and subsection (b) as follows:
"(2) A permittee to accept hemp for processing from any person other than a licensee or a college or university authorized to conduct research pursuant to subsection (b) of this Code section, except as otherwise provided in paragraph (4) of this subsection; (3) A licensee to provide or sell hemp to any person other than another licensee, a college or university authorized to conduct research pursuant to subsection (b) of this Code section, or a permittee with whom the licensee enters into an agreement pursuant to Code Section 2-23-7, unless such person is located in a state with a plan to regulate hemp production that is approved by the Secretary of Agriculture of the United States, or under 7 U.S.C. Section 5940, or otherwise in accordance with regulations promulgated by the United States Department of Agriculture, and such person is authorized to grow or process hemp in that state;"

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"(6) Any licensee or permittee to otherwise fail to comply with the requirements of this chapter or any applicable state or federal law or regulation; or" (b) Colleges and universities of the University System of Georgia and institutions of higher education as defined in 20 U.S.C. Section 1001 are hereby authorized pursuant to 7 U.S.C. Section 5940 on and after May, 10, 2019, or pursuant to a plan to regulate hemp production pursuant to 7 U.S.C. Section 1639p, to conduct research under an agricultural pilot program or other agricultural or academic research, including research on the cultivation and uses of hemp grown within the State of Georgia, breeding and developing new hemp varieties, seed development, consumer uses, and marketing. Pursuant to a written agreement, colleges and universities authorized to conduct research pursuant to this Code section shall also be authorized to engage third parties to assist in the conduct of such research, and such third parties may cultivate, handle, and process hemp when assisting such college or university in such research pursuant to the terms of such written agreement."

SECTION 3. Said chapter is further amended in Code Section 2-23-5, relating to procedure for licensing, fees, qualified agricultural producer, requirements, and limitations on licenses, by revising paragraphs (2) and (4) of subsection (b) as follows:
"(2) Unless the licensee is also a permittee or a licensee who will only provide or sell hemp to other licensees, the name of the permittee with whom the applicant has entered into or intends to enter into an agreement pursuant to Code Section 2-23-7 and the affidavit required by Code Section 2-23-6;"
"(4)(A) A criminal background check, as described in subparagraph (B) of this paragraph, of all key participants conducted within 60 days prior to the application submission date. No license shall be issued to any applicant who has been convicted of a misdemeanor involving sale of or trafficking in a controlled substance or a felony or materially falsifies any information contained in a license application. (B) At least one set of classifiable electronically recorded fingerprints of each key participant shall be submitted to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall review the record for all key participants."

SECTION 4. Said chapter is further amended in Code Section 2-23-6, relating to procedure for permitting, and limitations on permits and interests, by revising paragraph (5) of subsection (b) and subsection (d) as follows:

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"(5)(A) A criminal background check, as described in subparagraph (B) of this paragraph, of all key participants conducted within 60 days prior to the application submission date. No permit shall be issued to any applicant who has been convicted of a misdemeanor involving sale of or trafficking in a controlled substance or a felony or materially falsifies any information contained in a permit application. (B) At least one set of classifiable electronically recorded fingerprints of each key participant shall be submitted to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall review the record for all key participants." "(d) Hemp processor permits shall be issued for one calendar year at an annual permit fee of $25,000.00, provided that after the first calendar year, a permittee shall be entitled to automatic permit renewals annually for a permit fee of $50,000.00 per year, so long as no administrative action has been taken by the department regarding such permittee under this chapter."

SECTION 5. Said chapter is further amended in Code Section 2-23-7, relating to business agreements, transportation, and reimbursement for crop destruction by revising subsection (b) as follows:
"(b)(1)(A) All hemp being shipped, transported, or otherwise delivered into, within, or through this state must be accompanied by documentation sufficient to prove that the hemp being shipped, transported, or delivered:
(i) Was lawfully produced under a state or tribal hemp plan approved by the United States Department of Agriculture, under a hemp license issued by the United States Department of Agriculture, or under 7 U.S.C. Section 5940 or otherwise in accordance with federal regulations through the state or territory of the Indian tribe, as applicable; and (ii) Does not exceed the federally defined THC level for hemp. (B) Any person shipping, transporting, or delivering hemp must also carry a bill of lading that includes: (i) Name and address of the owner of the hemp; (ii) Point of origin; (iii) Point of delivery, including name and address; (iv) Kind and quantity of packages or, if in bulk, the total quantity of hemp in the shipment; and (v) Date of shipment.

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(C) The person shipping, transporting, or delivering hemp must act in compliance with all state and federal laws and regulations. (2)(A) All hemp products being shipped into or transported within or through this state must be accompanied by documentation sufficient to prove that the hemp products being shipped or transported were produced from hemp that was lawfully produced under a state or tribal hemp plan approved by the United States Department of Agriculture, under a hemp license issued by the United States Department of Agriculture, or under 7 U.S.C. Section 5940 or otherwise in accordance with federal regulations through the state or territory of the Indian tribe, as applicable. (B) Any person transporting hemp products must also carry a bill of lading that includes:
(i) Name and address of the owner of the hemp products; (ii) Point of origin; (iii) Point of delivery, including name and address; (iv) Kind and quantity of packages or, if in bulk, the total quantity of hemp products in the shipment; and (v) Date of shipment. (C) The person transporting hemp products must act in compliance with all state and federal laws and regulations."

SECTION 6. Said chapter is further amended by revising Code Section 2-23-8, relating to random testing of hemp, as follows:
"2-23-8. (a)(1) The department shall have the right, either through its own personnel or through an independent contractor as provided for in Code Section 2-23-9, to collect samples of hemp for testing as provided for in this chapter from the fields and greenhouses of all licensees. Samples shall be representative of each crop with the same global positioning coordinates. No hemp shall be harvested until such samples are collected. Such testing, and the harvesting of the hemp tested, shall be conducted in compliance with this chapter and with regulations promulgated by the department. (2) In the event that a test sample reveals a delta-9-THC concentration of more than the federally defined THC level for hemp, the licensee's entire crop with the same global positioning coordinates shall be destroyed in compliance with this chapter and with regulations promulgated by the department. (b)(1) The department shall, as provided for in Code Section 2-23-9, randomly test hemp products of the facilities of all permittees. Such testing shall be conducted in compliance with this chapter and with regulations promulgated by the department. (2) In the event that a test sample reveals a delta-9-THC concentration of more than the federally defined THC level for hemp, all related hemp products shall be destroyed in compliance with this chapter and with regulations promulgated by the department.

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(3) In the event that THC is removed from hemp during processing and not subsequently returned to hemp products produced from such hemp, such THC shall be destroyed in compliance with this chapter and with regulations promulgated by the department."

SECTION 7. Said chapter is further amended by revising Code Section 2-23-9, relating to contracting for testing, certification, regulatory, and grading functions, as follows:
"2-23-9. The department shall be authorized to enter into a contract or contracts with one or more entities to conduct the testing provided for in Code Section 2-23-8 as well as to include the certification, regulatory, and grading functions pursuant to this chapter and regulations promulgated by the department. The department shall additionally comply with all federal inspection, reporting, and auditing requirements."

SECTION 8. Said chapter is further amended in Code Section 2-23-10, relating to enforcement, corrective action plan, revocation of licenses, and reporting of licensees and permittees to Attorney General, by revising subsection (a) as follows:
"(a) A violation of a plan authorized by Code Section 2-23-11 and approved by the secretary of agriculture of the United States by a licensee or permitee shall be subject to enforcement in accordance with this Code section."

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 July 22, 2020.

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EDUCATION REDUCE NUMBER OF STUDENT ASSESSMENTS.

No. 485 (Senate Bill No. 367).

AN ACT

To amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs, so as to reduce the number of

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student assessments; to provide for when assessments must be administered; to provide for analysis of locally implemented assessments; to remove outdated provisions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs, is amended by revising Code Section 20-2-281, relating to student assessments, as follows:
"20-2-281. (a) The State Board of Education shall adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. The student assessment program shall include a comprehensive summative assessment program for grades three through 12. In addition, each local school system shall administer, with state funding, a research based formative assessment with a summative component that is tied to performance indicators in English language arts/reading and mathematics in grades one and two, subject to available appropriations. 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. 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 implement programs in reading and mathematics for kindergarten through fifth grade to ensure that students entering sixth grade are on track to meet grade-level expectations, including mastery in reading by the end of third grade to prepare for the infusion of literacy in subsequent grades and mastery in basic mathematics skills by the end of fifth grade and in accordance with the local school system's five-year strategic plan, performance indicators, and, if applicable, flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract. The State Board of Education shall periodically review, revise, and upgrade the content standards. Following the adoption of such content standards, the State Board of Education

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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; such tests in science shall be administered annually to students in grades five and eight; and such tests in social studies shall be administered annually to students in grade 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. The Department of Education shall annually publish a report of aggregated data from local schools and local school systems that compares performance to other states using data from such features. As part of the comprehensive summative assessment program, the State Board of Education shall adopt and administer, through the Department of Education, one end-of-course assessment for students in grades nine through 12 in each of the four 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, and eight and once in grades nine through 12. 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 contract entered into with the State Board of Education for a strategic waivers school system. (b) The nationally norm-referenced instruments provided for in subsection (a) of this Code section shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such instruments. The administering agencies of such norm-referenced instruments shall also provide reports of aggregated data

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from local schools and local school systems. End-of-grade assessments shall provide for results that reflect student achievement at the individual student, classroom, school, system, state, and national levels. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP) and may participate in any other tests with norm-referenced items that will allow benchmarking this state's performance against national or international performance. The results of such testing shall be provided to the Governor, the respective chairpersons of the House Education Committee and the Senate Education and Youth Committee, and the State Board of Education and shall be reported to the citizens of Georgia. One of the components in the awarding of salary supplements as part of a pay for performance or related plan under this article may be assessments of student achievement. (b.1) The State Board of Education shall notify local school systems and individual schools of the results of the assessment instruments administered under this Code section at the earliest possible date determined by the state board, but not later than the beginning of the subsequent school year. In the event the state board is unable to provide timely results in the first year of implementation of a substantially new assessment instrument, the provisions in paragraphs (2) and (3) of subsection (b) of Code Section 20-2-283 shall not apply. (c) The State Board of Education shall have the authority to condition the awarding of a high school diploma to a student upon achievement of satisfactory scores on end-of course assessments and other instruments adopted and administered by the state board pursuant to subsection (a) of this Code section. The state board is authorized and directed to adopt regulations providing that any disabled child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Such regulations shall further provide for appropriate accommodations in the administration of such test. Such regulations shall further provide for the awarding of a special education diploma to any disabled student who is lawfully assigned to a special education program and who does not achieve a passing score on such test or who has not completed all of the requirements for a high school diploma but who has nevertheless completed his or her Individualized Education Program.
(d)(1) The State Board of Education shall develop or adopt alternate assessments to be administered to those students with significant cognitive disabilities, receiving special education services pursuant to Code Section 20-2-152, who cannot access the state adopted content standards without appropriate accommodations to those standards and for whom the assessment instruments adopted under subsection (a) of this Code section, even with allowable accommodations, would not provide an appropriate measure of student achievement, as determined by the student's Individualized Education Program team. Such alternate assessments shall be aligned with alternate academic achievement standards that have been adopted through a documented and validated standards-setting process, for students with the most significant cognitive disabilities, provided that those standards are aligned with the state standards established pursuant to Code

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Section 20-2-140 and promote access to the general education curriculum, consistent with the federal Individuals with Disabilities Education Act. The State Board of Education shall ensure that any alternate assessments developed or adopted pursuant to this subsection are in compliance with applicable federal law, but do not impose requirements in excess of such federal law in a manner that unduly burdens a local school system or that does not benefit students with the most significant cognitive disabilities. (2) A student's Individualized Education Program team shall determine appropriate participation in assessment and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act and state board regulations. (e) The State Board of Education is authorized to adopt rules, regulations, policies, and procedures regarding accommodations and the participation of limited-English-proficient students, as defined in Code Section 20-2-156, in the assessments described in this Code section. (f) For those students with an Individualized Education Program, each such student's Individualized Education Program team shall identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act and state board regulations. (g) Under rules adopted by the State Board of Education, the Department of Education shall, subject to appropriations by the General Assembly, release some or all of the questions and answers to each end-of-grade assessment and each end-of-course assessment administered under subsection (a) of this Code section after the last time such assessment is administered for a school year. (h) The State Board of Education shall make all end-of-course assessments available for administration online and shall establish rules and regulations to maximize the number of students and school systems utilizing such online assessments. (i) The Department of Education shall develop study guides for the end-of-grade assessments and end-of-course assessments administered pursuant to subsection (a) of this Code section. Each school system shall distribute the study guides to students who do not perform satisfactorily on one or more parts of an assessment instrument administered under this Code section and to the parents or guardians of such students. (j) The State Board of Education shall adopt rules and regulations requiring the results of core subject end-of-course assessments to be included as a factor in a student's final grade in the core subject course for which the end-of-course assessment is given. (k) In addition to the assessment instruments adopted by the State Board of Education and administered by the Department of Education, a local school system may adopt and administer criterion-referenced or norm-referenced assessment instruments, or both, at any grade level. Such locally adopted assessment instruments may not replace the state's adopted assessment instruments for purposes of state accountability programs. A local school system shall be responsible for all costs and expenses incurred for locally adopted assessment instruments. Students with Individualized Education Programs must be

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included in the locally adopted assessments or provided an alternate assessment in accordance with the federal Individuals with Disabilities Education Act. (l) In adopting academic skills assessment instruments under this Code section, the State Board of Education or local school system shall ensure the security of the instruments in their preparation, administration, and scoring. Notwithstanding any other provision of law, meetings or portions of meetings held by the state board or a local board of education at which individual assessment instruments or assessment instrument items are discussed or adopted shall not be open to the public, and the assessment instruments or assessment instrument items shall be confidential. (m) The results of individual student performance on academic skills assessment instruments administered under this Code section shall be confidential and may be released only in accordance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g. (n) Overall student performance data shall be disaggregated by ethnicity, sex, socioeconomic status, disability, language proficiency, grade level, subject area, school, system, and other categories determined by policies established by the Office of Student Achievement. (o) Student performance data shall be made available to the public, with appropriate interpretations, by the State Board of Education, the Office of Student Achievement, and local school system. The information made available to the public shall not contain the names of individual students or teachers. (p) Teachers in kindergarten through grade 12 shall be offered the opportunity to participate annually in a staff development program on the use of tests within the instructional program designed to improve students' academic achievement. This program shall instruct teachers on curriculum alignment related to tests, disaggregated student test data to identify student academic weaknesses by subtests, and other appropriate applications as determined by the State Board of Education. (q) The State Board of Education shall consider the passage by a student of an industry certification examination or a state licensure examination which is approved by the State Board of Education or an ACCUPLACER score approved by the State Board of Education when considering whether to grant such student a variance or a waiver of one or more end-of-course assessments or other instruments required by the State Board of Education pursuant to subsection (c) of this Code section in order to obtain a Georgia high school diploma; provided, however, that the state board shall not grant a variance to a student unless the student has attempted and failed to pass the relevant end-of-course assessment or assessments at least four times. (r) In order to maximize classroom instruction time, local school systems shall administer the state required end-of-grade assessments for grades three through eight within 25 school days of the school system's last school day of the regular school year. The state required end-of-course assessments for grades nine through 12 shall be administered on dates set by the Department of Education.

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(s) All assessments adopted or developed by the State Board of Education pursuant to this Code section shall be verified for reliability and validity by a nationally recognized, research based, third-party evaluator. (t) The Department of Education may conduct an analysis of locally implemented assessments administered in local school systems, including the purpose, use, and number of locally implemented assessments. Based on this analysis, the Department of Education shall identify systems to assist with identification and elimination of redundant assessments and provide guidance to such school systems on developing effective locally implemented assessments that are most helpful with improving student achievement."

SECTION 2. This Act shall become effective on August 1, 2020.

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

Approved July 22, 2020.

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FOOD, DRUGS, AND COSMETICS ADVERTISEMENT AND SALE OF MEAT; PROHIBIT REPRESENTATION OF NONANIMAL PRODUCTS AND NON-SLAUGHTERED ANIMAL FLESH AS MEAT.

No. 486 (Senate Bill No. 211).

AN ACT

To amend Article 4 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to advertisement and sale of meat generally, so as to render unlawful the representation of nonanimal products and non-slaughtered animal flesh as meat; to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 4 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to advertisement and sale of meat generally, is amended by revising Code Section 26-2-152 of

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the Official Code of Georgia Annotated, relating to advertisement or sale of beef, pork, and lamb, and "bait and switch" advertising, as follows:
"26-2-152. (a) It shall be unlawful for any person, partnership, firm, company, or corporation to advertise, sell, or offer for sale any carcass cuts of beef, pork, or lamb without prominently disclosing the price per pound of such beef, pork, or lamb in all such advertisements or on the packaging or display case in which the meat is displayed or offered for sale. This Code section shall not apply to the sale of beef, pork, or lamb when sold for immediate consumption on the premises or where sold as an unpackaged, cooked food or where sold for purposes other than for human consumption. (b) It shall be unlawful for any person, partnership, firm, company, or corporation to employ 'bait and switch' advertising or sales techniques in connection with the sale of beef, pork, or lamb or to use any other advertising or sales technique which is calculated to deceive, or which in fact deceives, purchasers of beef, pork, or lamb as to what they are purchasing or its quality or quantity. 'Bait and switch' as used in this subsection shall mean, but shall not be limited to, the advertising of products with the intent not to sell the products as advertised; or advertising products with the intent not to supply reasonably expected public demand, unless the advertisement discloses a limitation of quantity; or advertising a product which by accepted standards is inferior, with the expectation of switching the consumer to a product of accepted standard at a higher price.
(c)(1) As used in this subsection the term: (A) 'Animal' means any animal, including cattle, swine, sheep, goats, fish, and poultry, including eggs, raised for the production of an edible product or products intended for human consumption. The term also includes 'game animals' as such term is defined in Code Section 27-1-2. (B) 'Food' means articles used or processed for human consumption and components of any such articles.
(2) It shall be unlawful for any person, partnership, firm, company, or corporation to label, advertise, or otherwise represent any food produced or sold in this state as meat or any product from an animal unless each product is clearly labeled by displaying the following terms prominently and conspicuously on the front of the package, labeling cell cultured products with 'lab-grown,' 'lab-created,' or 'grown in a lab' and plant based products as 'vegetarian,' 'veggie,' 'vegan,' 'plant based,' or other similar term indicating that the product is plant based and does not include the flesh, offal, or other by-product of any part of the carcass of a live animal that has been slaughtered."

SECTION 2. This Act shall become effective on December 31, 2020.

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

Approved July 24, 2020.

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CORPORATIONS BENEFIT CORPORATIONS.

No. 487 (House Bill No. 230).

AN ACT

To amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to provide for benefit corporations; to provide for the application of the Georgia Business Corporation Code; to provide for definitions; to provide for naming; to provide for stock certificates; to provide for amendments and transactions; to provide for duties and limitations of liability of directors of benefit corporations; to provide for annual public benefit reports; to change the definition of a foreign corporation; to change provisions relating to the right to dissent; to change provisions relating to the corporate name of a foreign corporation; 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 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, is amended by adding a new article to read as follows:

"ARTICLE 18

14-2-1801. (a) This chapter shall apply to benefit corporations to the extent not inconsistent with the provisions of this article. (b) Except as expressly provided in this article, this article shall not repeal or modify any statute or rule of law applicable to a corporation that is not a benefit corporation.

14-2-1802. As used in this article, the term:

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(1) 'Benefit corporation' means a corporation whose articles of incorporation contain a public benefit provision and a statement that the corporation is a benefit corporation. (2) 'Public benefit' means a positive effect, or reduction of negative effects, on society, on the environment, or on one or more communities or categories of persons, entities, or interests, other than shareholders in their capacity as shareholders, including effects of an artistic, charitable, cultural, economic, ecological, educational, environmental, literary, medical, religious, scientific, social, or technological nature. (3) 'Public benefit provision' means a provision stating that a purpose of the corporation is to pursue a public benefit or benefits.

14-2-1803. The name of a benefit corporation shall satisfy the requirements of Code Section 14-2-401; provided, however, that in lieu of the use of a word or abbreviation as required under paragraph (1) of subsection (a) of Code Section 14-2-401, the phrase 'benefit corporation' or 'public benefit corporation' or the abbreviation 'BC' or 'PBC' may be used.

14-2-1804. Any stock certificate issued by a benefit corporation shall state conspicuously that the corporation is a benefit corporation.

14-2-1805. (a) In addition to any other requirements provided for under this chapter, without approval by the shareholders of at least two-thirds of the votes of each class or series of shares of the corporation, voting as separate voting groups, whether or not otherwise entitled to vote, a corporation that is not a benefit corporation shall not take any of the following actions:
(1) Amend its articles of incorporation to include a public benefit provision; (2) Transfer property as described in paragraph (3) of subsection (b) of Code Section 14-2-1201 if the transferee is a domestic or foreign benefit corporation, social purpose corporation incorporated under a law other than the law of this state, or substantially similar entity; or (3) Engage in any transaction or series of transactions subject to Part 1 of Article 11 of this chapter, Code Section 14-2-1202, or Part 1 of Article 14 of this chapter if, as a result of such transaction or series of transactions, the shareholders of the corporation would own shares or interests in a domestic or foreign benefit corporation, social purpose corporation incorporated under a law other than the law of this state, or substantially similar entity in lieu of all or any part of their shares of the corporation. (b) In addition to any other requirements provided for under this chapter, without approval by the shareholders of at least two-thirds of the votes of each class or series of shares of the corporation, voting as separate voting groups, whether or not otherwise entitled to vote, a benefit corporation shall not take any of the following actions:

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(1) Amend its articles of incorporation to delete or substantively modify its public benefit provision; (2) Transfer property as described in paragraph (3) of subsection (b) of Code Section 14-2-1201 if the transferee is not a domestic or foreign benefit corporation, social purpose corporation incorporated under a law other than the law of this state, or substantially similar entity with a public benefit provision in its articles of incorporation that is substantially similar to the benefit corporation's public benefit provision; or (3) Engage in any transaction or series of transactions subject to Part 1 of Article 11 of this chapter, Code Section 14-2-1202, or Part 1 of Article 14 of this chapter if, as a result of such transaction or series of transactions, the shareholders of the benefit corporation would own, in lieu of all or any part of their shares of the benefit corporation, shares or interests in a domestic or foreign corporation or other entity that is not a benefit corporation, social purpose corporation incorporated under a law other than the law of this state, or substantially similar entity with a public benefit provision in its articles of incorporation that is substantially similar to the benefit corporation's public benefit provision.

14-2-1806. (a) In addition to any other duties imposed by this chapter, the board of directors of a benefit corporation shall:
(1) Pursuant to its incorporation, state that the corporation is a benefit corporation in its articles of incorporation; (2) Consider the public benefit or benefits specified in the benefit corporation's articles of incorporation when managing or directing the business and affairs of the benefit corporation; and (3) Adopt a standard or standards by which to measure the benefit corporation's performance in pursuing the public benefit or benefits specified in the benefit corporation's articles of incorporation. (b) Notwithstanding subsection (a) of this Code section or any other provision of this chapter: (1) Directors of a benefit corporation have no duty to any person on account of such person having any interest in the public benefit or benefits specified in the articles of incorporation; and (2) Unless otherwise provided in the articles of incorporation, directors of a benefit corporation have no monetary liability to any person for any failure to comply with any duty created by this Code section or any failure of the benefit corporation to pursue a public benefit or benefits as specified in its articles of incorporation.

14-2-1807. (a) A benefit corporation shall include in every notice of a meeting of shareholders a conspicuous statement to the effect that it is a benefit corporation.

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(b) A benefit corporation shall, no less than annually, provide to its shareholders of record, and to any other person who may request a copy in writing, a written report addressing the benefit corporation's performance with respect to its pursuit of the public benefit or benefits specified in its articles of incorporation. The report shall include:
(1) The objectives the board of directors established in connection with the pursuit of such public benefit or benefits; (2) The standard or standards the board of directors adopted to measure the benefit corporation's progress in pursuing such public benefit or benefits; (3) Factual information responsive to those standards regarding the benefit corporation's success or failure in meeting the objectives for pursuing such public benefit or benefits; and (4) An assessment of the benefit corporation's success or failure in meeting the objectives and accomplishing such public benefit or benefits. (c) In addition to complying with subsection (b) of this Code section, a benefit corporation may include in its articles of incorporation or bylaws provisions imposing upon the benefit corporation any or all of the following additional requirements: (1) That the benefit corporation provide its report more frequently than annually; (2) That the benefit corporation make the report generally available to the public via the Internet or other readily accessible means; (3) That the benefit corporation use a third-party standard in connection with measuring the benefit corporation's progress in accomplishing its stated public benefit or benefits; (4) That the benefit corporation provide with its report a periodic third-party certification with respect to the benefit corporation's progress in accomplishing its stated public benefit or benefits; or (5) That the report comply with any additional requirements as the board of directors may determine."

PART II SECTION 2-1.

Said chapter is further amended in Code Section 14-2-140, relating to code definitions, by revising paragraph (13) as follows:
"(13) 'Foreign corporation' means a corporation for profit, including, but not limited to, a benefit corporation, social purpose corporation, or a substantially similar entity, incorporated under a law other than the law of this state."

SECTION 2-2. Said chapter is further amended in Code Section 14-2-1302, relating to right to dissent, by revising paragraphs (4) and (5) of and by adding a new paragraph to subsection (a) to read as follows:

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"(4) An amendment of the articles of incorporation with respect to a class or series of shares that reduces the number of shares of a class or series owned by the shareholder to a fraction of a share if the fractional share so created is to be acquired for cash under Code Section 14-2-604; (5) Consummation of an action described in subsection (a) or (b) of Code Section 14-2-1805; or (6) Any corporate action taken pursuant to a shareholder vote to the extent that Article 9 of this chapter, the articles of incorporation, the bylaws, or a resolution of the board of directors provides that voting or nonvoting shareholders are entitled to dissent and obtain payment for their shares."

SECTION 2-3. Said chapter is further amended in Code Section 14-2-1506, relating to corporate name of foreign corporation, by revising subsection (a) as follows:
"(a) If the corporate name of a foreign corporation does not satisfy the requirements of Code Section 14-2-401 or 14-2-1803, the foreign corporation to obtain or maintain a certificate of authority to transact business in this state:
(1) May add the word 'corporation,' 'incorporated,' 'company,' or 'limited,' or the abbreviation 'corp.,' 'inc.,' 'co.,' or 'ltd.,' or the name of its state of incorporation to its corporate name for use in this state; or (2) May use a fictitious or trade name to transact business in this state if its real name is unavailable and it delivers to the Secretary of State for filing a copy of the resolution of its board of directors, certified by its secretary, adopting the fictitious or trade name."

PART III SECTION 3-1.

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

Approved July 29, 2020.

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MOTOR VEHICLES AND TRAFFIC PEER-TO-PEER CAR SHARING.

No. 488 (House Bill No. 337).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for peer-to-peer car sharing; to provide for definitions; to provide requirements for a peer-to-peer car-sharing program; to establish safety recall and insurance requirements for such program; to provide for a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Georgia Peer-to-Peer Car-Sharing Program Act."

SECTION 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Article 3 of Chapter 1, relating to motor carriers, by adding a new part to read as follows:

"Part 5

40-1-220. As used in this part, the term:
(1) 'Car-sharing delivery period' means the period of time during which a shared vehicle is being delivered to the location of the car-sharing start time, if applicable, as documented in the records of a peer-to-peer car-sharing program. (2) 'Car-sharing period' means the period of time that commences with the car-sharing delivery period or, if there is no car-sharing delivery period, the period of time that commences with the car-sharing start time and in either case ends at the car-sharing termination time. (3) 'Car-sharing program agreement' means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car-sharing program. Such term shall not include a rental agreement as defined in Code Section 40-2-167 or a lease or rental as defined in paragraph (17) of Code Section 48-8-2.

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(4) 'Car-sharing start time' means the time when a shared vehicle becomes subject to the control of a shared vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin, as documented in the records of a peer-to-peer car-sharing program. (5) 'Car-sharing termination time' means the earliest of the following events:
(A) The expiration of the agreed period of time established for the use of a shared vehicle according to the car-sharing program agreement if the shared vehicle is delivered to the location agreed upon in the car-sharing program agreement; (B) When a shared vehicle is returned to a location as alternatively agreed upon by the shared vehicle owner and shared vehicle driver as communicated through a peer-to-peer car-sharing program; or (C) When the shared vehicle owner takes possession and control of the shared vehicle. (6) 'Department' means the Department of Insurance of the State of Georgia established by Code Section 33-2-1. (7) 'Peer-to-peer car-sharing' means the authorized use of a vehicle by an individual other than the vehicle's owner through a peer-to-peer car-sharing program. Such term shall not include a rental motor vehicle or rental agreement as defined in Code Section 40-2-167. (8) 'Peer-to-peer car-sharing program' means a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration. Such term shall not mean a service provider who is solely providing hardware or software as a service to an individual or entity that is not effectuating payment of financial consideration for use of a shared vehicle. Such term shall not include a motor vehicle rental company as defined in Code Section 40-2-167. (9) 'Shared vehicle' means a used vehicle that is available for sharing through a peer-to-peer car-sharing program. Such term shall not include a rental motor vehicle as defined in Code Section 40-2-167. (10) 'Shared vehicle driver' means an individual who has been authorized by a shared vehicle owner to drive a shared vehicle under a car-sharing program agreement. (11) 'Shared vehicle owner' means the registered owner of a vehicle made available for sharing through a peer-to-peer car-sharing program or a person or entity designated by the registered owner of such a vehicle. (12) 'Used vehicle' means any vehicle which has been the subject of a sale at retail to the general public.

40-1-221. (a)(1) A peer-to-peer car-sharing program shall assume liability, except as provided in paragraph (2) of this subsection, of a shared vehicle owner for any bodily injury or property damage to third parties or an uninsured and underinsured motorist or personal injury protection losses during the car-sharing period in an amount stated in the car-sharing program agreement, which amount may not be less than those set forth in paragraph (1) of subsection (a) of Code Section 33-7-11.

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(2) The assumption of liability under paragraph (1) of this subsection shall not apply if a shared vehicle owner:
(A) Made an intentional or fraudulent material misrepresentation or omission to the peer-to-peer car-sharing program before the car-sharing period in which the loss occurred; or (B) Acted or acts in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of the car-sharing program agreement. (3) The assumption of liability under paragraph (1) of this subsection applies to bodily injury, property damage, and uninsured and underinsured motorist or personal injury protection losses by damaged third parties as required under subsection (a) of Code Section 33-7-11. (b) A peer-to-peer car-sharing program shall ensure that, during each car-sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that: (1) Either: (A) Recognizes that the vehicle insured under the policy is made available and used through a peer-to-peer car-sharing program; or (B) Does not exclude the use of a shared vehicle by a shared vehicle driver; (2) Provides insurance coverage in amounts no less than the minimum amounts set forth in subparagraph (a)(1)(A) of Code Section 33-7-11; and (3) Provides that in the event an accident occurs outside of this state in a jurisdiction that has a financial responsibility law or similar law specifying limits of liability higher than those required in this state, such motor vehicle liability insurance policy will provide the higher specified limits. (c) The insurance requirement described under subsection (b) of this Code section may be satisfied by motor vehicle liability insurance maintained by: (1) A shared vehicle owner; (2) A shared vehicle driver; (3) A peer-to-peer car-sharing program; or (4) Both a shared vehicle owner, a shared vehicle driver, and a peer-to-peer car-sharing program. (d) The insurance described in subsection (c) of this Code section that is satisfying the insurance requirement of subsection (b) of this Code section shall be primary during each car-sharing period. (e) The peer-to-peer car-sharing program shall assume primary liability for a claim when: (1) Such program is in whole or in part providing the insurance required under subsections (b) and (c) of this Code section; (2) A dispute exists as to who was in control of the shared vehicle at the time of the loss; and (3) Such program does not have available, did not retain, or fails to provide the information required by Code Section 40-1-224.

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(f) The shared vehicle's insurer shall indemnify the car-sharing program to the extent of its obligation under, if any, the applicable insurance policy, if it is determined that the shared vehicle's owner was in control of the shared vehicle at the time of the loss. (g) If insurance maintained by a shared vehicle owner or shared vehicle driver in accordance with subsection (c) of this Code section has lapsed or does not provide the required coverage, insurance maintained by a peer-to-peer car-sharing program shall provide the coverage required by subsection (b) of this Code section beginning with the first dollar of a claim and shall have the duty to defend such claim except under the circumstances set forth in paragraph (2) of subsection (a) of this Code section. (h) Coverage under an automobile insurance policy maintained by the peer-to-peer car-sharing program shall not be dependent on another automobile insurer first denying a claim nor shall another automobile insurance policy be required to first deny a claim. (i) If the insurance described in subsection (b) of this Code section is maintained by a peer-to-peer car-sharing program, it must be placed with an insurer admitted to do business in this state for the purpose of writing insurance and licensed under Title 33, or with a surplus lines insurer who is a nonadmitted insurer and eligible under Chapter 5 of Title 33, that has a credit rating from a rating agency in the highest rating category as approved by the department. (j) A shared vehicle driver must at all times during the car-sharing period carry proof of coverage satisfying subsection (b) of this Code section. In the event of an accident, a shared vehicle driver shall disclose that he or she was driving a shared vehicle at the time of such accident and shall, pursuant to Code Section 40-6-10, provide the insurance coverage information satisfying subsection (b) of this Code section to the directly interested parties, automobile insurers, and law enforcement officers. (k) Nothing in this chapter:
(1) Limits the liability of the peer-to-peer car-sharing program for any act or omission of the peer-to-peer car-sharing program itself that results in injury to any person as a result of the use of a shared vehicle through a peer-to-peer car-sharing program; or (2) Limits the ability of the peer-to-peer car-sharing program to, by contract, seek indemnification from a shared vehicle owner or shared vehicle driver for economic loss sustained by the peer-to-peer car-sharing program resulting from a breach of the terms and conditions of the car-sharing program agreement.

40-1-222. At the time a vehicle owner registers as a shared vehicle owner on a peer-to-peer car-sharing program and before the shared vehicle owner makes the vehicle available for sharing on such program, the peer-to-peer car-sharing program shall notify the shared vehicle owner that, if the shared vehicle has a lien against it, the use of such shared vehicle through a peer-to-peer car-sharing program, including use without physical damage coverage, may violate the terms of the contract with the lienholder.

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40-1-223. (a) An authorized insurer that writes motor vehicle liability insurance in this state may exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owner's motor vehicle liability insurance policy, including but not limited to:
(1) Liability coverage for bodily injury and property damage; (2) Personal injury protection coverage; (3) Uninsured and underinsured motorist coverage; (4) Medical payments coverage; (5) Comprehensive coverage; and (6) Collision coverage. (b) Nothing in this part shall be construed to invalidate or limit an exclusion contained in a motor vehicle liability insurance policy, including any insurance policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing, or hire or for any business use.

40-1-224. A peer-to-peer car-sharing program shall collect and verify records pertaining to the use of a vehicle, including, but not limited to, times used, fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner, and shall provide that information upon request to the shared vehicle owner, the shared vehicle owner's insurer, or the shared vehicle driver's insurer to facilitate a claim coverage investigation. The peer-to-peer car-sharing program shall retain the records for a time period not less than the applicable personal injury statute of limitations.

40-1-225. A peer-to-peer car-sharing program and a shared vehicle owner shall be exempt from vicarious liability consistent with 49 U.S.C. Section 30106, as such existed on January 1, 2020, and under any state or local law that imposes liability solely based on vehicle ownership.

40-1-226. A motor vehicle insurer that defends or indemnifies a claim against a shared vehicle that is excluded under the terms of its policy shall have the right to seek contribution against the motor vehicle insurer of the peer-to-peer car-sharing program if the claim is:
(1) Made against the shared vehicle owner or the shared vehicle driver for loss or injury that occurs during the car-sharing period; and (2) Excluded under the terms of its policy.

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40-1-227. (a) Notwithstanding any other provision of law, a peer-to-peer car-sharing program shall have an insurable interest in a shared vehicle during the car-sharing period. (b) Except as provided in Code Section 40-1-226, nothing in this part creates a liability on a peer-to-peer car-sharing program to maintain the coverage mandated by this part. (c) A peer-to-peer car-sharing program may own and maintain as the named insured one or more policies of motor vehicle liability insurance that provides coverage for:
(1) Liabilities assumed by the peer-to-peer car-sharing program under a car-sharing program agreement; (2) Any liability of the shared vehicle owner; (3) Damage or loss to the shared motor vehicle; or (4) Any liability of the shared vehicle driver.

40-1-228. Each car-sharing program agreement made in this state shall disclose to the shared vehicle owner and the shared vehicle driver:
(1) Any right of the peer-to-peer car-sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car-sharing program resulting from a breach of the terms and conditions of the car-sharing program agreement; (2) That a motor vehicle liability insurance policy issued to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car-sharing program; (3) That the peer-to-peer car-sharing program's insurance coverage on the shared vehicle owner and the shared vehicle driver is in effect only during each car-sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car-sharing termination time or use by a driver not disclosed in the car-sharing program agreement, the shared vehicle driver and the shared vehicle owner may not have insurance coverage; (4) The daily rate, fees, and, if applicable, any insurance or protection package costs that are charged to the shared vehicle owner or the shared vehicle driver; (5) That the shared vehicle owner's motor vehicle liability insurance may specifically exclude or otherwise may not provide coverage for a shared vehicle; (6) An emergency telephone number to personnel capable of fielding roadside assistance and other customer service inquiries; and (7) If there are conditions under which a shared vehicle driver must maintain a personal automobile insurance policy with certain applicable coverage limits on a primary basis in order to reserve or use a shared motor vehicle.

40-1-229. (a) A peer-to-peer car-sharing program may not enter into a car-sharing program agreement with a driver unless the driver who will operate the shared vehicle:

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(1) Holds a driver's license issued under Code Section 40-5-28 that authorizes the driver to operate vehicles of the class of the shared vehicle; (2) Is a nonresident who:
(A) Has a driver's license issued by the state or country of such driver's residence that authorizes such driver in that state or country to drive vehicles of the class of the shared vehicle; and (B) Is at least the same age as that required of a Georgia resident to drive; or (3) Otherwise is specifically authorized by the Department of Driver Services to drive vehicles of the class of the shared vehicle. (b) A peer-to-peer car-sharing program shall keep a record of the: (1) Name and address of the shared vehicle driver; (2) Driver's license number of the shared vehicle driver and each other person, if any, who will operate the shared vehicle; and (3) Date and place of issuance of the driver's license.

40-1-230. A peer-to-peer car-sharing program shall have sole responsibility for any equipment, such as a GPS system or other special equipment, that is put in or on the vehicle to monitor or facilitate the car-sharing transaction and shall agree to indemnify and hold harmless the shared vehicle owner for any damage to or theft of such equipment during the car-sharing period not caused by such owner. The peer-to-peer car-sharing program shall have the right to seek indemnity from the shared vehicle driver for any loss or damage to such equipment that occurs during the car-sharing period.

40-1-231. (a) At the time a vehicle owner registers as a shared vehicle owner on a peer-to-peer car-sharing program and before the shared vehicle owner makes the vehicle available for sharing on such program, the peer-to-peer car-sharing program shall:
(1) Verify that the shared vehicle does not have any safety recalls on the vehicle for which the repairs have not been made; and (2) Notify the shared vehicle owner of the requirements under subsection (b) of this Code section. (b)(1) If the shared vehicle owner has received an actual notice of a safety recall on the vehicle, a shared vehicle owner may not make a vehicle available as a shared vehicle on a peer-to-peer car-sharing program unless and until such safety recall repair has been made. (2) If a shared vehicle owner receives an actual notice of a safety recall on a shared vehicle while the shared vehicle is made available on the peer-to-peer car-sharing program, the shared vehicle owner shall remove such shared vehicle as available on the peer-to-peer car-sharing program, as soon as practicably possible after receiving the notice of the safety recall and until the safety recall repair has been made.

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(3) If a shared vehicle owner receives an actual notice of a safety recall while the shared vehicle is being used in the possession of a shared vehicle driver, as soon as practicably possible after receiving such notice of the safety recall, the shared vehicle owner shall notify the peer-to-peer car-sharing program regarding such safety recall so that the shared vehicle owner may address the safety recall repair."

SECTION 3. This Act shall become effective on January 1, 2021.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved July 29, 2020.
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CRIMES AND OFFENSES REPRODUCTION OF RECORDED MATERIAL; UPDATE TERMINOLOGY.
No. 489 (House Bill No. 341).
AN ACT
To amend Code Section 16-8-60 of the Official Code of Georgia Annotated, relating to reproduction of recorded material, transfer, sale, distribution, circulation, civil forfeiture, and restitution, so as to update terminology; 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 16-8-60 of the Official Code of Georgia Annotated, relating to reproduction of recorded material, transfer, sale, distribution, circulation, civil forfeiture, and restitution, is amended by revising paragraph (1) of subsection (a), subsection (b), and paragraph (1) of subsection (f) as follows:
"(1) Transfer or cause to be transferred any sounds or visual images recorded on a phonograph record, disc, wire, tape, videotape, film, memory card, flash drive, hard drive, data storage device, or other article on which sounds or visual images are recorded onto any other phonograph record, disc, wire, tape, videotape, film, memory card, flash

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drive, hard drive, data storage device, or article without the consent of the person who owns the master phonograph record, master disc, master tape, master videotape, master film, memory card, flash drive, hard drive, data storage device, or other article from which the sounds or visual images are derived; or" "(b) It is unlawful for any person, firm, partnership, corporation, or association to sell; distribute; circulate; offer for sale, distribution, or circulation; or possess for the purposes of sale, distribution, or circulation any phonograph record, disc, wire, tape, videotape, film, memory card, flash drive, hard drive, data storage device, or other article on which sounds or visual images have been transferred unless such phonograph record, disc, wire, tape, videotape, film, memory card, flash drive, hard drive, data storage device, or other article bears the actual name and address of the transferor of the sounds or visual images in a prominent place on its outside face or package." "(f)(1) Any phonograph record, disc, wire, tape, videotape, film, memory card, flash drive, hard drive, data storage device, or other article onto which sounds or visual images have been transferred in violation of this Code section is declared to be contraband and no person shall have a property right in it; provided, however, that notwithstanding paragraph (2) of subsection (a) of Code Section 9-16-17, no property of any owner shall be forfeited under this paragraph, to the extent of the interest of such owner, by reason of an act or omission established by such owner to have been committed or omitted without knowledge or consent of such owner."

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

Approved July 29, 2020.

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MOTOR VEHICLES AND TRAFFIC EMPLOYEES OF MOTOR CARRIERS; EFFECT OF DEPLOYMENT OF MOTOR CARRIER SAFETY IMPROVEMENTS.

No. 490 (House Bill No. 758).

AN ACT

To amend Part 1 of Article 3 of Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to the "Georgia Motor Carrier Act of 2012," so as to prohibit the consideration of the deployment of motor carrier safety improvements in determining an

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individual's employment status with a motor carrier; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 3 of Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to the "Georgia Motor Carrier Act of 2012," is amended by adding a new Code section to read as follows:
"40-1-58. (a) For purposes of this Code section, the term 'motor carrier safety improvement' means any device, equipment, software, technology, procedure, training, policy, program, or operational practice intended and primarily used to improve or facilitate compliance with traffic safety or motor carrier safety laws, safety of a motor vehicle, safety of the operator of a motor vehicle, or safety of third-party users of highways of this state. (b) The deployment, implementation, or use of a motor carrier safety improvement by or as required by a motor carrier or its related entity, including by contract, shall not be considered when evaluating an individual's status as an employee or independent contractor, or as a jointly employed employee, under any state law."

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

Approved July 29, 2020.

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STATE GOVERNMENT USE OF OPINIONS OF VALUE BY STATE PROPERTIES COMMISSION IN CERTAIN CONVEYANCES.

No. 491 (House Bill No. 780).

AN ACT

To amend Code Section 50-16-34 of the Official Code of Georgia Annotated, relating to powers and duties of State Properties Commission generally, so as to allow the commission to use an opinion of value in the valuation of state property where a conveyance of the property by the state is for the sole and direct benefit to the state; 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 50-16-34 of the Official Code of Georgia Annotated, relating to powers and duties of State Properties Commission generally, is amended by revising paragraph (7) as follows:
"(7) Have prepared a thorough report of such data as will enable the commission to arrive at a fair valuation of the property; and to include within the report either an opinion of the value if the conveyance is to a public entity or for the purposes of constructing, installing, operating, and maintaining utilities which solely and directly benefit the state or at least one written appraisal of the value of the property if the conveyance is to a private entity, which appraisal shall be made by a person or persons familiar with property values in the area where the property is situated and who is a member of a nationally recognized appraisal organization. If the written appraisal values the property in excess of $100,000.00, then a second written appraisal shall be required. In the case of the Western and Atlantic Railroad, at least two written appraisals shall be required, one of which may be the latest valuation report of the Western and Atlantic Railroad prepared by the Interstate Commerce Commission or successor agency;"

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

Approved July 29, 2020.

__________

BANKING AND FINANCE COMPREHENSIVE REVISIONS.

No. 492 (House Bill No. 781).

AN ACT

To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to clarify and remove superfluous language; to authorize the department to approve payment of dividends by a bank or trust company under certain conditions; to expand the department's authority to waive the residency requirement for bank or trust company directors; to authorize a trust company and bank merger under certain circumstances; to authorize Georgia banks to conduct certain activities at representative offices outside of Georgia; to change registration and notice requirements for a bank or bank holding company with a representative office; to reduce the number of days the department has to approve or disapprove applications for a branch office; to eliminate the department's

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authority to waive publication requirement for certain procedures; to add night depository to list of extensions not requiring approval; to update restrictions on location of extensions; to remove notification requirement for out-of-state banks establishing or acquiring additional branches; to replace supervisory committee with audit committee; to change limitations on loans by credit unions; to authorize the department to promulgate regulations related to allowable credit union loans and obligations; to provide for credit union extensions and restrictions thereof; to establish application requirements for credit union branch offices; to eliminate notification methods relating to bond cancellation; to provide that the unique identifier of certain licensees or registrants is not confidential; to reduce the number of days for certain cease and desist orders to become final; to repeal Code Section 7-1-1003.1, relating to physical place of business; to eliminate the notification requirement for a change in ultimate equitable owner of mortgage brokers or mortgage lenders; to change advertising content requirements for mortgage lenders and mortgage brokers; to reduce the number of days for the process related to bond cancellation notice; to amend Chapter 6A of Title 7 of the Official Code of Georgia Annotated, relating to the Georgia Fair Lending Act, so as to update citations to federal 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 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by revising paragraph (6) of Code Section 7-1-234, relating to grounds for disapproving proposal, as follows:
"(6) In the case of trust companies, any individual who is an acquiring party under Code Section 7-1-232 or an individual who is a director or officer of an acquiring party under Code Section 7-1-232 has unsatisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation. The department shall be authorized to obtain conviction data with respect to any individual who is an acquiring party or an individual who is a director or officer of an acquiring party, and such individual who is an acquiring party or an individual who is a director or officer of an acquiring party shall provide express written consent to the department to conduct a criminal background check and to use all information necessary to run such check, including, but not limited to, a classifiable set of fingerprints. The individual who is an acquiring party or an individual who is a director or officer of an acquiring party shall be responsible for all fees associated with the performance of such criminal background check; or"

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SECTION 2. Said chapter is further amended by revising paragraph (2) of subsection (a) of Code Section 7-1-460, relating to restrictions on payment of dividends and limitation of actions for dividends or distributions, as follows:
"(2) The department may approve the payment of dividends by a bank or trust company, prior to the time such bank or trust company achieves cumulative profitability:
(A) For the purpose of providing the shareholders of a Subchapter S bank with a source of funds to pay federal and state income taxes on the Subchapter S bank's income that is taxable to those shareholders; or (B) If a bank or trust company is profitable on an annual basis and the payment of such dividend is consistent with standards of safety and soundness;"

SECTION 3. Said chapter is further amended by revising Code Section 7-1-480, relating to board of directors, as follows:
"7-1-480. (a) Administration of the business and affairs of a bank or trust company shall be the responsibility of a board of directors. (b) Seventy-five percent of the directors shall be citizens of the United States and at least a majority shall:
(1) Reside in Georgia; or (2) Reside within 40 miles of any banking location authorized to offer a complete banking or trust service. (c) The residency requirements of paragraphs (1) and (2) of subsection (b) of this Code section shall not apply to banks having branches in states other than Georgia, provided that the residency of directors is consistent with the bank's articles of incorporation and bylaws. (d) The department may waive or modify the requirements of subsection (b) of this Code section relating to the residency requirements in the State of Georgia. (e) Notwithstanding other provisions of this Code section, directors who were legally qualified to serve on April 1, 1975, may continue to serve for such time as they are continuously members of the board of directors of their bank or trust company."

SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 7-1-530, relating to authority to merge or consolidate, merger, consolidation, or share exchange across state lines, and required provisions of the merger plan, as follows:
"(a) Upon compliance with the requirements of this part and other applicable laws and regulations, including any branching and minimum age laws and regulations, banks or trust companies may merge or consolidate, provided that a trust company may merge or consolidate with a bank that is authorized to exercise trust powers so long as the resulting institution is a bank. Upon compliance with the requirements of this part and other

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applicable laws and regulations, including any branching and minimum age laws and regulations, a corporation other than a bank or trust company may acquire all of the outstanding shares of one or more classes or series of one or more banks or trust companies through a share exchange."

SECTION 5. Said chapter is further amended by revising Code Section 7-1-591, relating to establishment of representative office by bank or bank holding company domiciled in state, as follows:
"7-1-591. (a) A bank domiciled in this state and operating under the laws of this state or a subsidiary or agent of such bank may establish a representative office anywhere in the state upon registering with the department. A bank holding company domiciled in this state and operating under the laws of this state or a nonbank subsidiary or agent of such bank holding company may establish a representative office anywhere in this state upon registering with the department. (b) Subject to any limitation or restrictions of the host state and upon registering the representative office with the department, a Georgia chartered bank may conduct any activities at any representative office outside Georgia that are authorized by Georgia law or that are permissible for a bank chartered by the host state where the representative office is located, except to the extent such activities are expressly prohibited by the laws of this state or by any regulation or order of the commissioner applicable to the Georgia chartered bank and except where the activity is one that requires approval from the department, in which case such approval must be secured; provided, however, that the commissioner may waive any prohibition or requirement for approval if he or she determines, by order or regulation, that the involvement of out-of-state representative offices of the Georgia chartered bank in particular activities would not threaten the safety or soundness of such bank."

SECTION 6. Said chapter is further amended by revising Code Section 7-1-593, relating to registration of bank or bank holding company having representative office in state, as follows:
"7-1-593. (a) A bank or bank holding company domiciled in this state and having a representative office shall register such representative office with the department. Prior to closing a representative office, such bank or bank holding company must post notice of the closing as required by Code Section 7-1-110.1. (b) The department may review the operations of any representative office annually or at such greater frequency as it deems necessary to assure that the office does not transact a banking business."

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SECTION 7. Said chapter is further amended by revising Code Section 7-1-602, relating to applications for branch offices, as follows:
"7-1-602. (a) Application to establish a branch office shall be made to the department in such form as it may prescribe from time to time. The department shall exercise its discretion in its consideration of the application; but the department shall not approve the application until it has ascertained to its satisfaction that the public need and advantage will be promoted by the establishment of the proposed branch office, based upon the following factors:
(1) Reasonable opportunity for the proposed branch office to generate a sufficient profit; (2) The character and fitness of the board of directors and management of the bank to command the confidence of the community and to warrant the belief that the business of the bank or trust company at the branch office will be honestly and efficiently conducted; (3) The adequacy of the capital structure of the bank or trust company, particularly in view of the anticipated business to be generated by the proposed branch office; and (4) The overall financial condition and safety and soundness of the applicant bank or trust company. Where the department by rule, regulation, or written policy has provided for expedited processing of applications or for notice procedures, it may abbreviate its review of these criteria. (b) After receipt of a complete application, the department shall have 30 days within which to approve or disapprove such application. (c) The department may approve an application contingent upon the satisfaction of additional conditions, including the submission of information such as the date of opening and the capital outlay for the branch office. If the approval of a federal regulatory agency is required with respect to the branch office, the department may at its option withhold its written approval or disapproval until such federal approval is granted or denied or may withdraw its approval if the federal agency fails to act or refuses to grant approval. If the department disapproves the branch office, it shall notify the applicant of its disapproval and state generally in writing the unfavorable factors influencing its decision. The decision of the department is final, except that it may be subject to judicial review as provided in Code Section 7-1-90. (d) The department may provide by regulation that a bank which meets certain financial and managerial criteria may, in lieu of application, file a written notification with the department at a time to be specified in such regulation. (e) All lawfully established banking locations existing on July 1, 1999, other than a bank's main office, shall be known and shall qualify as branch offices. (f) In the event of merger or consolidation of two or more banks, pursuant to Parts 14 and 15 of this article, the surviving or resulting bank shall designate a main office and may retain and continue to operate any or all banking locations of each constituent bank as branch offices. In the event of the purchase of substantially all of the assets of a bank,

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subject to the review and approval by the commissioner of such transaction, the purchasing bank may retain and continue to operate any or all banking locations of the selling bank as branch offices. (g) The department's approval may be revoked if conditions in the approval have not been satisfied or if other violations of law occur as a result of the branch office's opening or operation."

SECTION 8. Said chapter is further amended by revising Code Section 7-1-603, relating to extension of existing banking locations, automated teller machines, cash dispensing machines, point-of-sale terminals, and other extensions, as follows:
"7-1-603. (a) An approved banking location may have an extension, which is not a branch or main office, at which banking activities may occur. The extensions described in this Code section do not require approval but may have certain restrictions or required notifications. (b) The following are extensions:
(1) 'Automated teller machine' means electronic equipment which performs routine banking transactions, including, but not limited to, the taking of deposits for the public at locations off premises of a bank's main or branch office under regulations prescribed by the commissioner. This term includes electronic equipment that utilizes, or has the capability to utilize, live video chat with offsite bank personnel who may assist with banking services, including, but not limited to, account initiation. (2) 'Cash dispensing machine' means for the purposes of this part and as used in paragraph (4) of subsection (b) of Code Section 7-1-241 an automated or electronic terminal which dispenses cash or scrip redeemable for goods and services or for cash, goods, and services. Such machines may provide account information but may not initiate intrabank transactions other than those necessary and incidental to the dispensing of cash. (3) 'Night depository' means a drop box where customers can make deposits or payments outside of normal banking hours. (4) 'Point-of-sale terminal' means electronic equipment located in nonbank business outlets to record electronically bank transactions occurring as a result of the sale of goods or services. For purposes of this Code section, the terms 'automated teller machine,' 'point-of-sale terminal,' 'cash dispensing machine,' and 'night depository' shall not include personal communication devices such as telephones, computer terminals, modems, and other similar devices which are not accessible to the general public but are intended for use by a single bank customer. It is not the intent of this Code section to limit the ability of banks or other entities to utilize personal communication devices. The department may by regulation further define 'automated teller machine,' 'point-of-sale terminal,' 'cash dispensing

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machine,' 'night depository,' and 'personal communication device' consistent with the objectives set forth in Code Section 7-1-3. (c) The following are restrictions on location of an extension:
(1) Any federally insured bank may operate automated teller machines throughout the state. These machines may be operated individually by any bank or jointly on a cost-sharing basis by two or more banks; (2) Any bank may operate cash dispensing machines throughout the state. Access to and use of cash dispensing machines may be available to all banks in this state on an individual or a shared basis; (3) A night depository may be located anywhere in the state; and (4) A point-of-sale terminal may be located anywhere in the state. (d) An extension not defined in subsection (b) of this Code section is permitted, provided that such extension is located within the boundary lines of a single contiguous area of property owned or leased by the bank and used as a banking location, or if it is within 200 yards of such banking location. Banking services may be performed at the extension. Written notification to the department is required for such extension."

SECTION 9. Said chapter is further amended by revising subsection (c) of Code Section 7-1-628.6, relating to powers of out-of-state banks branching into Georgia, as follows:
"(c) An out-of-state bank that has established or acquired a branch in Georgia under this part may establish or acquire additional branches in Georgia to the same extent, but to no greater extent, that any Georgia bank may establish or acquire a branch in Georgia under applicable federal and state law. "

SECTION 10. Said chapter is further amended by revising paragraph (3) of subsection (b) of Code Section 7-1-656, relating to duties of directors, meetings, prohibited activities, eligibility to vote, applicability of Code Section 7-1-490, and appointment of honorary director or director emeritus, as follows:
"(3) Any action authorized to be taken at a meeting of the board of directors or a credit, audit, or other committee may be taken without a meeting if the action is set forth in writing and approved and signed by all directors or all members of the credit, audit, or other committee entitled to vote with respect to the underlying subject matter."

SECTION 11. Said chapter is further amended by revising Code Section 7-1-658, relating to loans, as follows:
"7-1-658. (a) Credit unions may lend money to their members at reasonable rates of interest, which shall not exceed 1 1/4 percent each month on the unpaid balance, or such greater rates as

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shall be authorized for other financial institutions for such purposes as may be approved by the credit committee. (b) Loans shall be supervised as follows:
(1) The credit committee shall have the general supervision of all loans to members. The credit committee shall hold such meetings as the business of the credit union may require and not less frequently than once each quarter to consider applications for loans. Reasonable notice of such meetings shall be given to all members of the committee. Actions of the credit committee shall be reported to the board in such form as the board shall prescribe at each regular meeting of the board. No loan shall be made unless it is approved by a majority of the entire committee, except as provided in this Code section; (2) The credit committee may appoint one or more employees to be loan officers and delegate to such persons the power to approve or disapprove loans to a borrower that do not in the aggregate exceed 5 percent of the net worth of the credit union subject to such limitations or conditions set forth in this Code section for loans generally and such further limitations and conditions as the credit committee prescribes. Records of loans approved shall be maintained in such form as the credit committee shall prescribe and shall be made available to the credit committee upon request. The credit committee may not appoint more than one of its members to be a loan officer. No person shall have the authority to disburse funds of the credit union for any loan which has been approved by such person; (3) In lieu of a credit committee, the board of directors may appoint one or more loan officers and delegate to such persons the power to approve or disapprove loans to a borrower that do not in the aggregate exceed 5 percent of the net worth of the credit union subject to such limitations or conditions set forth in this Code section for loans generally and such further limitations and conditions as the board may prescribe. All other duties of the credit committee as described in this article shall become the duties of the board of directors. Records of loans approved shall be maintained by the loan officers in such form as the board shall prescribe and a listing of all loans made, including the name of the borrower and the amount of the loan, shall be submitted to the board at each meeting; and (4) Members may appeal a credit decision made by a loan officer to the credit committee or to the board if denied by the credit committee. Where there is no credit committee, appeal shall be made to the board. (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.

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(d) As used in this Code section, the term 'person' or 'corporation' includes, but is not limited to, an individual, corporation, partnership, trust, association, joint venture, pool, syndicate, sole proprietorship, or unincorporated organization. (e) No credit union shall be authorized to make loans to any one person or corporation where the aggregate of such loans and obligations together exceeds 5 percent of the net worth of the credit union unless each loan in excess of said 5 percent limit is approved in advance by the board of directors or the credit committee subject to the provisions set forth in subsections (f) and (g) of this Code section. Approval by the board of directors or credit committee shall be recorded in the formal minutes of the actions of the board or the credit committee by name of borrower, amount of loan, maturity of loan, general type of collateral, and such other information as required pursuant to the rules and regulations of the department. Any action required by this subsection may be taken as prescribed in Code Section 7-1-656, provided that the minutes of the proceedings of the board of directors or credit committee reflect such action and each director taking such action signs the minutes reflecting such action by no later than the next regular meeting of the board or credit committee attended by such director. (f) Except as provided in subsection (g) of this Code section, a credit union shall not directly or indirectly make loans or have obligations to any one person or corporation which in aggregate exceed 5 percent of the net worth of the credit union at the time of issuance of a binding commitment unless the entire amount of such loans and obligations is secured by good collateral or other ample security and does not exceed 25 percent of the net worth at the time of issuance of a binding commitment. Except as otherwise indicated in subsection (g) of this Code section, the purchase or discount of agreements for the payment of money or evidences of indebtedness shall be regarded as indirect loans to the person or corporation receiving the proceeds of such transactions. In estimating the legal lending limit for any one person or corporation, loans to related corporations, partnerships, and other entities shall be combined subject to regulations established by the department. (g) The limitations of subsection (f) of this Code section shall not apply to:
(1) Obligations of and obligations guaranteed by: (A) The United States; (B) The State of Georgia or a public body thereof authorized to levy taxes; (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;
(2) Obligations to the extent secured by: (A) Obligations fully guaranteed by the United States; (B) Guaranties or commitments or agreements to take over or purchase made by any public body of the United States or any corporation owned directly or indirectly by the United States; or

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(C) Loan agreements between a local public agency or a public housing agency and an instrumentality of the United States pursuant to national housing legislation under which funds will be provided for payment of the obligations secured by such loan agreements; (3) Obligations with respect to the sale of federal or correspondent funds to financial institutions having their deposits insured to the same extent as that required of similar institutions chartered in this state; and (4) A renewal or restructuring of a loan as a new loan or extension of credit following the exercise by the credit union of reasonable efforts, consistent with safe and sound banking practices, to bring the loan into conformance with the lending limits of this Code section, unless: (A) New funds are advanced by the credit union to the borrower, except as permitted under this Code section; (B) A new borrower replaces the original borrower; or (C) The department determines that a renewal or restructuring was undertaken as a means to evade the credit union's lending limit. (h) The department may, by regulation not inconsistent with this Code section, prescribe definitions of and requirements for transactions included in or excluded from the indebtedness to which this Code section applies. The department may, by regulation or otherwise, specify that the liabilities of a group of one or more persons or corporations or both shall be considered as owed by one person or corporation for the purposes of this Code section because the borrowers within the group are related through common control or the group meets other criteria established by the department for the combination of indebtedness for legal lending limitation purposes. (i) Except as provided in subsection (e) of this Code section, approval of loans by the credit committee shall be evidenced, prior to disbursement of the loan proceeds, by a writing signed by a committee member stating that the committee has approved the loan. If the board appoints loan officers in lieu of a credit committee, it shall establish policies for approval of loans by those loan officers."

SECTION 12. Said chapter is further amended by revising Code Section 7-1-664, which is reserved, as follows:
"7-1-664. (a) For purposes of this Code section, the term:
(1) 'Automated teller machine' means electronic equipment which performs routine banking transactions, including, but not limited to, the taking of deposits for the public at locations off premises of a credit union's main or branch office under regulations prescribed by the commissioner. Such term includes electronic equipment that utilizes, or has the capability to utilize, live video chat with offsite credit union personnel capable of assisting with banking services, including, but not limited to, account initiation.

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(2) 'Cash dispensing machine' means an automated or electronic terminal which dispenses cash or scrip redeemable for goods and services or for cash, goods, and services; provided, however, that such terminal is not capable of initiating intrabank transactions other than those necessary and incidental to the dispensing of cash. (3) 'Extension' means a location at which banking activity may occur but which is not a branch or main office. (4) 'Night depository' means a drop box where customers can make deposits or payments outside of normal banking hours. (5) 'Point-of-sale terminal' means electronic equipment located in non-credit union business outlets to record electronically credit union transactions occurring as a result of the sale of goods or services. (b) A credit union location shall be authorized to operate an automated teller machine, cash dispensing machine, night depository, or point-of-sale terminal without prior approval of the department; provided, however, that such extension complies with the requirements of this Code section and any rules and regulations of the department relating to notification. (c) A credit union may operate an extension as follows: (1) Any federally insured credit union may operate an automated teller machine at any location in the state; (2) Any credit union may operate a cash dispensing machine at any location in the state; (3) Any credit union may operate an automated teller machine or a cash dispensing machine individually or jointly with one or more credit unions; (4) Any credit union may operate a night depository or point-of-sale terminal at any location in the state; (5) Any credit union may operate an extension not defined in subsection (a) of this Code section, provided that such extension is located within 200 yards of the boundary lines of a single contiguous area of property owned or leased by the credit union and used as a credit union location. Prior to the operation of such extension, the credit union shall notify the department in writing; and (6) All other extensions must be approved by the department prior to the operation of such extension. (d) This Code section shall not apply to personal communication devices such as telephones, computer terminals, modems, and other similar devices which are not accessible to the general public but are intended for use by a single credit union member. The department may by regulation further define 'automated teller machine,' 'cash dispensing machine,' 'night depository,' 'point-of-sale terminal,' and 'personal communication device' consistent with the objectives set forth in Code Section 7-1-3."

SECTION 13. Said chapter is further amended by revising Code Section 7-1-665, relating to subsidiary offices, as follows:

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"7-1-665. (a) For purposes of this Code section, the term:
(1) 'Branch office' means any location of a credit union other than the main office where financial services are offered to members. (2) 'Main office' means the principal location of a credit union as such location appears in the records of the department. (b) A credit union shall indicate its principal location with the department, and if it fails to do so, the department shall choose a location of such credit union to be the main office and shall so notify such credit union. (c) A credit union may maintain offices at locations other than its main office if the maintenance of such branch offices shall be reasonably necessary to furnish service to its membership. The establishment of branch offices shall be subject to the prior approval of the department upon application to it in such form as it may prescribe by regulation. Participation in shared branching networks does not constitute the establishment of branch offices under this Code section. (d) The department shall exercise its discretion in its consideration of an application to establish a branch office; provided, however, that the department shall not approve an application until it has satisfactorily ascertained that a need exists and the establishment of the proposed branch office would be advantageous to members. Such determination may be made upon consideration of the following factors: (1) Reasonable opportunity for the proposed branch office to generate a sufficient profit; (2) The character and fitness of the board of directors and management of the credit union to command the confidence of the membership and to warrant the belief that the business of the credit union at the branch office will be honestly and efficiently conducted; (3) The adequacy of the capital structure of the credit union, particularly in view of the anticipated business to be generated by the proposed branch office; and (4) The overall financial condition and safety and soundness of the applicant credit union. Where the department by rule, regulation, or written policy has provided for expedited processing of applications or for notice procedures, it may abbreviate its review of these criteria. (e) After receipt of a complete application, the department shall have 30 days within which to approve or disapprove such application. (f) The department may approve an application contingent upon the satisfaction of additional conditions, including the submission of information such as the date of opening and the capital outlay for the branch office. The department may revoke such contingent approval if conditions in the approval have not been satisfied or if other violations of law occur as a result of the branch office's opening or operation. (g) If the department disapproves an application to establish a branch office, it shall notify the applicant of its disapproval and state generally in writing the unfavorable factors

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influencing its decision. The decision of the department is final, except that it may be subject to judicial review as provided in Code Section 7-1-90. (h) The department may provide by regulation that a credit union which meets certain criteria may, in lieu of filing a branch application, file a written notification with the department. (i) In the event of merger or consolidation of two or more credit unions, the resulting credit union shall indicate its main office with the department and may retain and continue to operate as branch offices any or all credit union locations of the merged institutions which had been approved by the department prior to such merger or consolidation. In the event of the purchase of substantially all of the assets of a credit union, subject to the review and approval by the department of such transaction, the purchasing credit union may retain and continue to operate as branch offices any or all credit union locations of the selling credit union which had been approved by the department prior to such purchase."

SECTION 14. Said chapter is further amended by revising subsection (c) of Code Section 7-1-687, relating to notice of action against licensee by creditor or claimant and other notification requirements, as follows:
"(c) A bond filed with the department for the purpose of compliance with Code Section 7-1-683.2 shall not be canceled by either the licensee or the corporate surety except upon notice to the department electronically through the Nationwide Multistate Licensing System and Registry, and such cancellation shall be effective no sooner than 30 days after receipt by the department of such notice and only with respect to any breach of condition occurring after the effective date of such cancellation."

SECTION 15. Said chapter is further amended by revising paragraph (1) of subsection (l) of Code Section 7-1-689, relating to record keeping, investigations and examinations by department, subpoenas, confidentiality, and limitations on civil liability, as follows:
"(1) The name, business address, and telephone, facsimile, and unique identifier of a licensee;"

SECTION 16. Said chapter is further amended by revising paragraph (3) of subsection (a) of Code Section 7-1-694, relating to cease and desist orders from unauthorized activities, civil penalties for violations, judicial review, and administrative fines, as follows:
"(3) A person licensed under this article has received a notice of bond cancellation under Code Section 7-1-687, which such cease and desist order shall be final 20 days from the date of issuance, and there shall be no opportunity for an administrative hearing. In the event the cease and desist order becomes final, the license shall expire, and if a new license is desired, the licensee shall be required to make a new application for a license

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and pay all applicable fees as if it had never been licensed. If the required surety bond is reinstated or replaced and such documentation is delivered to the department within the 20 day period following the date of issuance of the order, the order shall be rescinded."

SECTION 17. Said chapter is further amended by revising paragraph (1) of subsection (l) of 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, as follows:
"(1) The name, business address, and telephone, facsimile, and unique identifier of a licensee;"

SECTION 18. Said chapter is further amended by repealing and reserving Code Section 7-1-1003.1, relating to physical place of business, as follows:
"7-1-1003.1. Reserved."

SECTION 19. Said chapter is further amended by revising subsection (e) of Code Section 7-1-1006, relating to contents of license, posting of license, transferring of license, transacting business under other name, change of address, opening a new additional office without prior approval, and approval of branch manager, as follows:
"(e) For mortgage brokers and mortgage lenders, each licensee shall notify the department in writing of any change in the address of the principal place of business or of any additional location of business in Georgia, any change in registered agent or registered office, any change of executive officer or contact person for consumer complaints, or of any material change in the licensee's financial statement. Notice of changes shall be received by the department no later than 30 business days after the change is effective."

SECTION 20. Said chapter is further amended by revising subsection (c) of Code Section 7-1-1007, relating to licensee to give notice of certain actions brought against it by a creditor or borrower and notice to the department of cancellation of bond, as follows:
"(c) A bond filed with the department for the purpose of compliance with Code Section 7-1-1003.2 or 7-1-1004 shall not be canceled by either the mortgage loan originator, mortgage broker, or mortgage lender or the corporate surety except upon notice to the department electronically through the Nationwide Multistate Licensing System and Registry, the cancellation to be effective not less than 30 days after receipt by the

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department of such notice and only with respect to any breach of condition occurring after the effective date of such cancellation."

SECTION 21. Said chapter is further amended by revising paragraph (1) of subsection (g) of Code Section 7-1-1009, relating to maintenance of books, accounts, and records, investigation and examination of licensees and registrants by department, confidentiality, and exemptions from civil liability, as follows:
"(1) For mortgage brokers and mortgage lenders, the name, business address, and telephone, facsimile, and unique identifier of a licensee or registrant;"

SECTION 22. Said chapter is further amended by revising Code Section 7-1-1016, relating to regulations relative to advertising, as follows:
"7-1-1016. In addition to such other rules, regulations, and policies as the department may promulgate to effectuate the purpose of this article, the department shall prescribe regulations governing the advertising of mortgage loans, including, without limitation, the following requirements:
(1)(A) Advertisements for loans regulated under this article shall not be false, misleading, or deceptive. No person whose activities are regulated under this article shall advertise in any manner so as to indicate or imply that its interest rates or charges for loans are in any way 'recommended,' 'approved,' 'set,' or 'established' by the state or this article. (B) An advertisement shall not include an individual's loan number, loan amount, or other publicly available information unless it is clearly and conspicuously stated in boldface type at the beginning of the advertisement that the person disseminating it is not authorized by, in sponsorship with, or otherwise affiliated with the individual's lender, which shall be identified by name. Such an advertisement shall also state that the loan information contained therein was not provided by the recipient's lender; and (2) All advertisements, including websites, disseminated by a licensee or a registrant in this state by any means shall contain the name, which shall conform to a name on record with the department, and unique identifier, which shall clearly indicate that the number was issued by the Nationwide Multistate Licensing System and Registry, of the licensee or registrant."

SECTION 23. Said chapter is further amended by revising subsection (a) of Code Section 7-1-1018, relating to cease and desist orders, enforcement procedure, civil penalty, and fines, as follows:
"(a) Whenever it shall appear to the department that any person required to be licensed or registered under this article or employed by a licensee or who would be covered by the

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prohibitions in Code Section 7-1-1013 has violated any law of this state or any order or regulation of the department, the department may issue an initial written order requiring such person to cease and desist immediately from such unauthorized practices. Such cease and desist order shall be final 20 days after it is issued unless the person to whom it is issued makes a written request within such 20 day period for a hearing. The hearing shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' A cease and desist order to an unlicensed person that orders such person to cease doing a mortgage business without the appropriate license shall be final 30 days from the date of issuance, and there shall be no opportunity for an administrative hearing. If the proper license or evidence of exemption or valid employment status during the time of the alleged offense is delivered to the department within the 30 day period, the order shall be rescinded by the department. If a cease and desist order is issued to a person who has been sent a notice of bond cancellation and if the bond is reinstated or replaced and such documentation is delivered to the department within the 20 day period following the date of issuance of the order, the order shall be rescinded. If the notice of reinstatement of the bond is not received within the 20 days, the license shall expire at the end of the 20 day period, and the person shall be required to make a new application for license and pay the applicable fees. In the case of an unlawful purchase of mortgage loans, such initial cease and desist order to a purchaser shall constitute the knowledge required under subsection (b) of Code Section 7-1-1002 for any subsequent violations. Any cease and desist order sent to the person at both his or her personal and business addresses pursuant to this Code section that is returned to the department as 'refused' or 'unclaimed' shall be deemed as received and sufficiently served."

SECTION 24. Chapter 6A of Title 7 of the Official Code of Georgia Annotated, relating to the Georgia Fair Lending Act, is amended by revising paragraphs (12), (15), (16), (17), and (18) of Code Section 7-6A-2, relating to definitions, as follows:
"(12) 'Points and fees' means: (A) All items included in the definition of finance charge in 12 C.F.R. 1026.4(a) and 12 C.F.R. 1026.4(b) except interest or the time price differential. All items excluded under 12 C.F.R. 1026.4(c) are excluded from points and fees, provided that for items under 12 C.F.R. 1026.4(c)(7) the creditor does not receive direct or indirect compensation in connection with the charge and the charge is not paid to an affiliate of the creditor; (B) All compensation paid directly or indirectly to a mortgage broker from any source, including a broker that originates a loan in its own name in a table funded transaction, including but not limited to yield spread premiums, yield differentials, and service release fees, provided that the portion of any yield spread premium that is both disclosed to the borrower in writing and used to pay bona fide and reasonable fees to a person other than the creditor or an affiliate of the creditor for the following purposes is exempt from inclusion in points and fees: fees for tax payment services; fees for

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flood certification; fees for pest infestation and flood determination; appraisal fees; fees for inspection performed prior to closing; credit reports; surveys; attorneys' fees, if the borrower has the right to select the attorney from an approved list or otherwise; notary fees; escrow charges, so long as not otherwise included under subparagraph (A) of this paragraph; title insurance premiums; and fire and hazard insurance and flood insurance premiums, provided that the conditions set forth in 12 C.F.R. 1026.4(d)(2) are met; (C) Premiums or other charges for credit life, credit accident, credit health, credit personal property, or credit loss-of-income insurance, debt suspension coverage or debt cancellation coverage, whether or not such coverage is insurance under applicable law, that provides for cancellation of all or part of a borrower's liability in the event of loss of life, health, personal property, or income or in the case of accident written in connection with a home loan and premiums or other charges for life, accident, health, or loss-of-income insurance without regard to the identity of the ultimate beneficiary of such insurance. In determining points and fees for the purposes of this paragraph, premiums or other charges shall only include those payable at or before loan closing and are included whether they are paid in cash or financed and whether the amount represents the entire premium for the coverage or an initial payment; (D) The maximum prepayment fees and penalties that may be charged or collected under the terms of the loan documents. Mortgage interest that may accrue in advance of payment in full of a loan made under a local, state, or federal government sponsored mortgage insurance or guaranty program, including a Federal Housing Administration program, shall not be considered to be a prepayment fee or penalty; (E) All prepayment fees or penalties that are charged to the borrower if the loan refinances a previous loan made or currently held by the same creditor or an affiliate of the creditor; (F) For open-end loans, points and fees are calculated in the same manner as for loans other than open-end loans, based on the minimum points and fees that a borrower would be required to pay in order to draw on the open-end loan an amount equal to the total credit line; and (G) Points and fees shall not include:
(i) Taxes, filing fees, recording, and other charges and fees paid or to be paid to public officials for determining the existence of or for perfecting, releasing, or satisfying a security interest; (ii) Bona fide and reasonable fees paid to a person other than the creditor or an affiliate of the creditor for the following: fees for tax payment services; fees for flood certification; fees for pest infestation and flood determination; appraisal fees; fees for inspections performed prior to closing; credit reports; surveys; attorneys' fees, if the borrower has the right to select the attorney from an approved list or otherwise; notary fees; escrow charges, so long as not otherwise included under subparagraph (A) of this paragraph; title insurance premiums; and fire and hazard insurance and flood insurance premiums, provided that the conditions in 12 C.F.R. 1026.4(d)(2) are met;

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(iii) Bona fide fees paid to a federal or state government agency that insures payment of some portion of a home loan, including, but not limited to, the Federal Housing Administration, the Department of Veterans Affairs, the United States Department of Agriculture for rural development loans, or the Georgia Housing and Finance Authority; and (iv) Notwithstanding any provision to the contrary in this chapter, compensation in the form of premiums, commissions, or similar charges paid to a creditor or any affiliate of a creditor for the sale of: (I) title insurance; or (II) insurance against loss of or damage to property or against liability arising out of the ownership or use of property, provided that the conditions in 12 C.F.R. 1026.4(d)(2) are met." "(15) 'Servicer' means the same as set forth in 12 U.S.C. Section 3500.2. (16) 'Servicing' means the same as set forth in 12 U.S.C. Section 3500.2. (17) 'Threshold' means: (A) Without regard to whether the loan transaction is or may be a 'residential mortgage transaction' as that term is defined in 12 C.F.R. 1026.2(a)(24), the annual percentage rate of the loan is such that it equals or exceeds that set out in Section 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. Section 1602(aa), and the regulations adopted pursuant thereto by the Federal Reserve Board, including Section 12 C.F.R. 1026.32; or (B) The total points and fees payable in connection with the loan, excluding not more than two bona fide discount points, exceed: (i) 5 percent of the total loan amount if the total loan amount is $20,000.00 or more or (ii) the lesser of 8 percent of the total loan amount or $1,000.00 if the total loan amount is less than $20,000.00. (18) 'Total loan amount' means the amount calculated as set forth in 12 C.F.R. 1026.32(a) and under the Official Staff Commentary of the Board of Governors of the Federal Reserve System. For open-end loans, the total loan amount shall be calculated using the total credit line available under the terms of the home loan as the amount financed."

SECTION 25. All laws and parts of laws in conflict with this Act are repealed.

Approved July 29, 2020.

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COURTS COBB, FLINT, AND OGEECHEE JUDICIAL CIRCUITS; ADDITIONAL JUDGE.

No. 493 (House Bill No. 786).

AN ACT

To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, so as to provide for an eleventh judge of the superior courts of the Cobb Judicial Circuit; a fourth judge of the superior courts of the Flint Judicial Circuit; and a fourth judge of the superior courts of the Ogeechee Judicial Circuit; to provide for the appointment of such additional judges by the Governor; to provide for the election of successors to the judges initially appointed; to prescribe the powers of such judges; to prescribe the compensation, salary, and expense allowance of such judges to be paid by the State of Georgia and the counties comprising such circuits; to require candidates for such judgeships to designate the seat for which they are running; to authorize the judges of such circuits to divide and allocate the work and duties thereof; to provide for chief judge; to provide for the manner of impaneling jurors; to provide for an additional court reporter; to authorize the governing authority of the counties that provide such circuits to provide facilities, office space, supplies, equipment, and personnel for such judges; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior courts, is amended by striking paragraphs (11), (18), and (30) and inserting in their place new paragraphs to read as follows:
"(11) Cobb Circuit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11" "(18) Flint Circuit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4" "(30) Ogeechee Circuit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4"

PART II SECTION 2-1.

One additional judge of the superior courts is added to the Cobb Judicial Circuit, thereby increasing to 11 the number of judges of said circuit.

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SECTION 2-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2022, and expiring December 31, 2024, and until a successor is elected and qualified. All subsequent successors to such judge shall be elected at the nonpartisan judicial election conducted in the year in which the term of office shall expire for a term of four years and until his or her successor is duly elected and qualified. Each such judge shall take office on the first day of January following the date of his or her election. Such elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia.

SECTION 2-3. Such additional judge of the superior courts of the Cobb Judicial Circuit shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Cobb Judicial Circuit of Georgia may preside over any case therein and perform any official act as judge thereof.

SECTION 2-4. The compensation, salary, and contingent expense allowance of such additional judge shall be the same as that for the other judges of the Cobb Judicial Circuit. Any salary supplements paid by the county of such circuit shall also be applicable to the additional judge provided for in this Act.

SECTION 2-5. Except as expressly stated, this Act shall not be construed to alter or repeal any provision of any local Act relating to the Cobb Judicial Circuit.

PART III SECTION 3-1.

One additional judge of the superior courts is added to the Flint Judicial Circuit, thereby increasing to four the number of judges of said circuit.

SECTION 3-2. Said additional judge shall be appointed by the Governor for a term beginning January 1, 2022, and expiring December 31, 2024, and until a successor is elected and qualified. All subsequent successors to such judge shall be elected at the nonpartisan judicial election conducted in the year in which the term of office shall expire for a term of four years and until his or her successor is duly elected and qualified. Each such judge shall take office on the first day of January following the date of his or her election. Such elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia.

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SECTION 3-3. Every person who offers for election as a judge of such superior courts of the Flint Judicial Circuit shall designate with the proper authority in all general elections the specific seat for which such person offers by naming the incumbent judge whom he or she desires to succeed and thereupon such person shall be permitted, if otherwise qualified, to run for such designated judgeship and no other. In the event that there is no incumbent judge in the seat for which such person desires to offer, the person shall qualify by announcing his or her intention to run for the office for which there is no incumbent.

SECTION 3-4. Such additional judge of the superior courts of the Flint Judicial Circuit provided for in this Act shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of such courts may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.

SECTION 3-5. The qualifications of each additional judge and his or her successors shall be the same as are now provided by law for all other superior court judges, and his or her compensation, salary, and expense allowance from the State of Georgia and from the county of such circuit shall be the same as that of other judges of the superior courts of the Flint Judicial Circuit. The salary supplements enacted by the county of such circuit for the present superior court judges of such circuit shall also be applicable to the additional judge provided by this Act.

SECTION 3-6. All writs and processes in the superior courts of the Flint Judicial Circuit shall be returnable to the terms of such superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of such courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide the four judges of such circuit with equal jurisdiction and authority to attend to and perform the functions, powers, and duties of the judges of such superior courts and to direct and conduct all hearings and trials in such courts.

SECTION 3-7. The judge of such superior courts who has seniority with regard to length of continuous service as a superior court judge shall be the chief judge of the Flint Judicial Circuit. Such chief judge shall be responsible for the administration and expeditious disposition of the business of the superior courts of such circuit, both civil and criminal, and shall have power to make such rules as he or she shall deem necessary or proper for such purpose but not in conflict with the general laws of this state, which rules, when approved by such chief judge

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and filed in the office of the clerk of the superior court of Henry County within the Flint Judicial Circuit, shall be binding upon the other judge or judges of such circuit. The chief judge shall be vested with the power to make all appointments whenever the law provides for a superior court judge to make appointments. Such chief judge may by published rule, or from time to time by order, allocate the jurisdiction and powers of the superior courts of said circuit and the duties of the judges thereof; may assign to the other judges of said circuit such business of said circuit as the chief judge shall deem appropriate; may make and publish calendars, both civil and criminal; may require reports from the clerks of court of said circuit and from other judges of said circuit relative to business of the courts; and generally shall supervise and direct the disposition of all business, both civil and criminal, of such courts.

SECTION 3-8. The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted by any of the judges of the superior courts of Flint Judicial Circuit; and they, or each of them, shall have full power and authority to draw and impanel jurors for service in such courts so as to have jurors for the trial of cases before any of such judges separately or before each of them at the same time.

SECTION 3-9. The chief judge of the Flint Judicial Circuit shall be authorized to employ an additional court reporter for such duties and for such compensation as the chief judge sees fit, up to and including, but not exceeding, the remuneration of the present court reporters of such circuit, as the same is now fixed or may hereafter be fixed by law. The additional judge shall have the right to select and approve the individual to fill said position, and said court reporter shall be assigned to him or her.

SECTION 3-10. All writs, processes, orders, subpoenas, and any other official papers issued from the superior courts of the Flint Judicial Circuit may bear teste in the name of any judge of such circuit and, when issued by and in the name of any judge of such circuit, shall be fully valid and may be held and determined before the same or any other judge of such circuit. Any judge of such courts may preside over any cause therein and perform any official act as judge thereof.

SECTION 3-11. The governing authority of Henry County shall provide the judges of the Flint Judicial Circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary to the proper functioning of the courts. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.

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SECTION 3-12. Nothing enumerated in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.

PART IV. SECTION 4-1.

One additional judge of the superior courts is added to the Ogeechee Judicial Circuit, thereby increasing to four the number of judges of said circuit.

SECTION 4-2. Said additional judge of the superior courts of the Ogeechee Judicial Circuit provided for in this Act shall be appointed by the Governor for a term beginning January 1, 2022, and expiring December 31, 2024, and until a successor is elected and qualified. At the nonpartisan judicial election to be held in 2024, there shall be elected a successor to the first additional judge appointed as provided for above, and he or she shall take office on the first day of January, 2025, and serve for a term of office of four years and until a successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the nonpartisan judicial election conducted in the year in which the term of office shall expire for a term of four years and until his or her successor is duly elected and qualified. Such judges shall take office on the first day of January following the date of their election. Such elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia.

SECTION 4-3. Every person who offers for election as one of the judges of such superior courts of the Ogeechee Judicial Circuit shall designate with the proper authority in all general elections the specific seat for which such person offers by naming the incumbent judge whom he or she desires to succeed and thereupon such person shall be permitted, if otherwise qualified, to run for such designated judgeship and no other. In the event that there is no incumbent judge in the seat for which such person desires to offer, the person shall qualify by announcing his or her intention to run for the office for which there is no incumbent.
SECTION 4-4. Such additional judge of the superior courts of the Ogeechee Judicial Circuit provided for in this Act shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of such courts may preside over any cause, whether in their own or in other circuits, and

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perform any official act as judge thereof, including sitting on appellate courts as provided by law.

SECTION 4-5. The qualifications of such additional judge and his or her successors shall be the same as are now provided by law for all other superior court judges, and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of other judges of the superior courts of the Ogeechee Judicial Circuit. The salary supplements enacted by the counties of such circuit for the present superior court judges of such circuit shall also be applicable to the additional judge provided by this Act.

SECTION 4-6. All writs and processes in the superior courts of the Ogeechee Judicial Circuit shall be returnable to the terms of such superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of such courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide the four judges of such circuit with equal jurisdiction and authority to attend to and perform the functions, powers, and duties of the judges of such superior courts and to direct and conduct all hearings and trials in such courts.

SECTION 4-7. The four judges of the superior courts of the Ogeechee Judicial Circuit, in transacting the business of such courts and in performing their duties and responsibilities, shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among such judges in any respect, the decision of the senior judge in point of service, who shall be known as the chief judge, shall be controlling. The chief judge shall have the right to appoint judges of the juvenile courts in the counties included in such circuit. The four judges of the superior courts of the Ogeechee Judicial Circuit shall have and are clothed with full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets and fixing the calendars and order of business in such courts. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of such courts, and making appointments as authorized by law, wherein the judges thereof cannot agree or differ, the opinion or order of the chief judge as defined in this Act shall control.

SECTION 4-8. The drawing and impaneling of all jurors, whether grand, petit, or special, may be conducted by any of the judges of the superior courts of such circuit; and they, or each of them, shall have full power and authority to draw and impanel jurors for service in such courts so as to have jurors for the trial of cases before any of such judges separately or before each of them at the same time.

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SECTION 4-9. The four judges of the superior courts of the Ogeechee Judicial Circuit shall be authorized and empowered to employ an additional court reporter for such circuit whose compensation shall be as now or hereafter provided by law.

SECTION 4-10. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Ogeechee Judicial Circuit may bear teste in the name of any judge of such circuit and, when issued by and in the name of any judge of such circuit, shall be fully valid and may be held and determined before the same or any other judge of such circuit. Any judge of such courts may preside over any cause therein and perform any official act as judge thereof.

SECTION 4-11. The governing authorities of the counties included in the Ogeechee Judicial Circuit shall provide the judges of such circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary to the proper functioning of the courts. All of the expenditures authorized in this Act are declared to be an expense of the court and payable out of the county treasury as such.
SECTION 4-12. Nothing enumerated in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
PART V SECTION 5-1.
Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
SECTION 5-2. (a) For purposes of making the initial appointment of the judge to fill the superior court judgeships created by this Act, this Act shall become effective upon its approval by the Governor or its becoming law without such approval. (b) For all other purposes, this Act shall become effective on January 1, 2022.

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SECTION 5-3. All laws and parts of laws in conflict with this Act are repealed.

Approved July 29, 2020.

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MOTOR VEHICLES AND TRAFFIC DRIVING UNDER THE INFLUENCE OF CONTROLLED SUBSTANCE OR MARIJUANA; ELIGIBILITY OF CERTAIN VIOLATORS FOR EARLY LICENSE REINSTATEMENT OR LIMITED PERMIT.

No. 494 (House Bill No. 799).

AN ACT

To amend Article 3A of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to suspension of license for being in control of a moving vehicle under the influence of a controlled substance or marijuana, so as to repeal a prohibition regarding the eligibility of certain violators to receive early reinstatement of their driver's licenses and limited driving permits; 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 3A of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to suspension of license for being in control of a moving vehicle under the influence of a controlled substance or marijuana, is amended by revising subsection (d) of Code Section 40-5-75, relating to suspension of licenses by operation of law and reinstatement, as follows:
"(d) Reserved."

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 July 29, 2020.

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REVENUE AND TAXATION TITLE AD VALOREM TAX; DEFINITION OF LOANER VEHICLE.

No. 495 (House Bill No. 808).

AN ACT

To amend Chapter 5C of Title 48 of the Official Code of Georgia Annotated, relating to alternative ad valorem taxes on motor vehicles, so as to revise a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5C of Title 48 of the Official Code of Georgia Annotated, relating to alternative ad valorem taxes on motor vehicles, is amended in Code Section 48-5C-1, relating to definitions, exemption from taxation, allocation and disbursement of proceeds collected by tag agents, fair market value of vehicle appealable, and report, by revising paragraph (3) of subsection (a) as follows:
"(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 45 days within a 366 day period to any one customer whose motor vehicle is being serviced by such dealer."

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

Approved July 29, 2020.

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STATE GOVERNMENT DEPARTMENT OF ADMINISTRATIVE SERVICES; DISPOSITION OF SURPLUS PROPERTY.

No. 496 (House Bill No. 848).

AN ACT

To amend Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to disposition of surplus property, so as to change certain definitions to provide the Department of Administrative Services additional options when disposing of surplus property in the best interest of the state; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 4 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to disposition of surplus property, is amended by revising subsection (a) of Code Section 50-5-143, relating to transfer to political subdivision by negotiated sale and conditions, as follows:
"(a) As used in this Code section, the term 'political subdivision' means any county or municipality or any county or independent board of education."

SECTION 2. Said article is further amended by revising subsection (a) of Code Section 50-5-144, relating to transfer to charitable institutions or public corporations by negotiated sale and conditions, as follows:
"(a) As used in this Code section, the term: (1) 'Charitable institution' means any nonprofit tax-exempt person, firm, or corporation. (2) 'Public corporation' means any public authority or other public corporation created by or pursuant to the laws of any state."

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

Approved July 29, 2020.

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EDUCATION STATE BOARD OF EDUCATION; ASSESSMENT OF EFFECTS OF TRAUMA ON FOSTER CARE STUDENTS; RULES, REGULATIONS, AND PROTOCOLS.

No. 497 (House Bill No. 855).

AN ACT

To amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, so as to direct the State Board of Education to adopt rules, regulations, and protocols for the immediate and deliberate assessment of whether exposure to trauma has adversely impacted a foster care student's educational performance; to require the Department of Education to provide guidance to local school systems; to require local school systems to immediately and deliberately assess newly enrolled foster care students; to provide for legislative findings; to provide for definitions; 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. Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, is amended by adding a new Code section to read as follows:
"20-2-152.2. (a) The General Assembly finds that foster care students are particularly vulnerable to exposure to traumatic events and situations. The General Assembly also finds that a foster care student's exposure to trauma can be exacerbated by changing schools, particularly when the student may be eligible for special education and related services. Therefore, it is the intent of the General Assembly that a protocol be developed for use by each school that receives state funds under this article to immediately and deliberately assess foster care students upon their enrollment at a new school and determine whether exposure to trauma has had or is likely to have an adverse impact on the foster care student's educational performance, including both academics and classroom behavior. (b) As used in this Code section, the term:
(1) 'Foster care student' means a student who is placed in a foster family home, child care institution, or another substitute care setting approved by the Department of Human Services. (2) 'Trauma' means exposure of a foster care student, as a witness or direct participant, to one or more traumatic events or traumatic situations.

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(c) No later than August 1, 2021, the State Board of Education shall adopt any rules, regulations, and protocols necessary for use by public school personnel to immediately and deliberately assess whether exposure to trauma has had or is likely to have an adverse impact on the foster care student's educational performance, including both academics and classroom behavior. Such rules, regulations, and protocols shall also provide that the impact of trauma shall be considered at the appropriate time among the relevant criteria considered by school personnel to determine the eligibility of foster care students for special education and related services as provided for in Code Section 20-2-152. Further, the Department of Education shall provide guidance to local school systems regarding trauma, the impacts of trauma on students, including, but not limited to, foster care students, and procedures for the immediate and deliberate assessment of newly enrolled foster care students. (d) Upon the enrollment of a foster care student, a local school system shall immediately and deliberately assess whether exposure to trauma has had or is likely to have an adverse impact on the foster care student's educational performance, including both academics and classroom behavior. The local school system's assessment shall be part of its overall determination of whether the initial evaluation process for determining eligibility for special education and related services should be commenced for such foster care student."

SECTION 2. This Act shall become effective on July 1, 2021.

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

Approved July 29, 2020.

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MOTOR VEHICLES AND TRAFFIC STANDARDS FOR CERTIFICATE OF TITLE FOR CERTAIN MOTOR VEHICLES.

No. 498 (House Bill No. 877).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for standards for issuance of a Georgia certificate of title for certain motor vehicles converted from original manufacturer condition in order to comply with certain state and federal requirements; to provide for exceptions to certain federal standards

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for such motor vehicles; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-1-1, relating to definitions, by revising paragraph (25.1) as follows:
"(25.1) 'Low-speed vehicle' means any four-wheeled vehicle whose top speed attainable in one mile is greater than 20 miles per hour but not greater than 25 miles per hour on a paved level surface and which is manufactured or converted to comply with standards based upon those federal motor vehicle safety standards for low-speed vehicles set forth in 49 C.F.R. Section 571.500, as amended."

SECTION 2. Said title is further amended in Code Section 40-2-27, relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards, certificate of registration for an assembled motor vehicle or motorcycle, and former military motor vehicles, by revising subsection (d) as follows:
"(d)(1) Before a certificate of registration is issued for an assembled motor vehicle or motorcycle as such term is defined in Code Section 40-3-30.1, such assembled motor vehicle or motorcycle shall have been issued a certificate of title in Georgia and shall comply with the provisions of such Code section. (2) Before a certificate of registration is issued for a converted motor vehicle as such term is defined in Code Section 40-3-30.1, such converted motor vehicle shall have been issued a certificate of title in Georgia upon compliance with the inspection provisions of Code Section 40-3-30.1."

SECTION 3. Said title is further amended in Code Section 40-3-30, relating to requirement of compliance with federal safety standards, by adding a new subsection to read as follows:
"(d) The provisions of subsection (a) of this Code section shall not apply to applications for certificates of title for converted motor vehicles as such term is defined in Code Section 40-3-30.1."

SECTION 4. Said title is further amended by revising Code Section 40-3-30.1, relating to inspections of assembled motor vehicles and motorcycles, as follows:
"40-3-30.1. (a) As used in this Code section, the term:

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(1) 'Assembled motor vehicle or motorcycle' means any motor vehicle or motorcycle that is:
(A) Manufactured from a manufacturer's kit or manufacturer's fabricated parts, including replicas and original designs:
(i)(I) By an owner; or (II) At the request of the owner by a third-party manufacturer of motor vehicles or motorcycles; and (ii)(I) Such owner or third-party manufacturer is not manufacturing and testing in accordance with federal safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq.; and (II) The United States Customs Service or the United States Department of Transportation has not certified that the motor vehicle complies with such applicable federal standards; (B) A new vehicle and consists of a prefabricated body, chassis, and drive train; (C) Handmade and not mass produced by any manufacturer for retail sale; or (D) Not otherwise excluded from emission requirements and is in compliance with Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles. (2) 'Converted motor vehicle' means any unconventional motor vehicle that has been altered from the original manufactured condition by an owner or third party in order to comply with certain state and federal requirements relating to low-speed vehicles. (3)(A) 'Unconventional motor vehicle or motorcycle' means any motor vehicle or motorcycle that is not manufactured in compliance with the following: (i) Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles; (ii) Applicable federal motor vehicle safety standards issued pursuant to 49 U.S.C.A. Section 30101, et seq., unless and until the United States Customs and Border Protection Agency or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards; or (iii) Applicable federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, the 'Clean Air Act,' as amended. (B) Such term shall not include former military motor vehicles. (b) In addition to the requirements contained in Code Section 40-3-30, prior to the issuance of a certificate of title to the owner of an assembled motor vehicle or motorcycle, the owner shall cause such assembled motor vehicle or motorcycle to be inspected in order to establish: (1) The existence of a verifiable Manufacturer's Certificate of Origin (MCO) or other verifiable documentation of purchase of all major components; and (2) That such assembled motor vehicle or motorcycle complies with: (A) Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles; and (B) If applicable, federal emission standards issued pursuant to 42 U.S.C.A. Section 7401 through Section 7642, the 'Clean Air Act,' as amended.

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(c) Prior to the issuance of a certificate of title to the owner of a converted motor vehicle, the owner shall cause such converted motor vehicle to be inspected in order to establish that such vehicle complies with:
(1) Chapter 8 of Title 40, relating to equipment and inspection of motor vehicles; and (2) Standards for low-speed vehicles based upon applicable standards set forth in 49 C.F.R. Section 571.500, as amended. (d) The inspections conducted under subsection (b) and subsection (c) of this Code section shall only be for the purpose of establishing that such inspected motor vehicle or motorcycle is eligible to receive a certificate of title. (e) The department shall be authorized to charge an inspection fee. (f) Unconventional motor vehicles or motorcycles shall not be titled or registered."

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

Approved July 29, 2020.

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AGRICULTURE SEED DEVELOPMENT COMMISSION; TERMS OF MEMBERS.

No. 499 (House Bill No. 894).

AN ACT

To amend Code Section 2-4-3 of the Official Code of Georgia Annotated, relating to Seed Development Commission composition, officers, bylaws, quorum, compensation, records, audit, and bonds, so as to stagger the terms of commission members; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 2-4-3 of the Official Code of Georgia Annotated, relating to Seed Development Commission composition, officers, bylaws, quorum, compensation, records, audit, and bonds, is amended by revising subsections (b) and (c) as follows:
"(b) The commission shall be composed of the following 11 members: (1)(A) Two members to be appointed by the Governor, each of whom shall be a licensee or shall be otherwise involved in the production, conditioning, or marketing of crops, seed, turfgrass, or horticultural plants.

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(B) No later than May 31, 2021, the Governor shall appoint two members as provided for in subparagraph (A) of this paragraph whose terms shall begin on July 1, 2021, and such members and their successors shall serve terms of four years. The terms of the members appointed as provided for in subparagraph (A) of this paragraph and serving as of June 30, 2021, shall terminate on that date; (2)(A) One member who shall be a licensee or shall be otherwise involved in the production, conditioning, or marketing of crops, seed, turfgrass, or horticultural plants, to be appointed by the Lieutenant Governor. (B) No later than May 31, 2021, the Lieutenant Governor shall appoint a member as provided for in subparagraph (A) of this paragraph whose term shall begin on July 1, 2021, and such member shall serve a single term of five years. The successors to the member whose term ends on June 30, 2026, shall serve terms of four years that begin on July 1 of the year of their appointment. The term of the member appointed as provided for in subparagraph (A) of this paragraph and serving as of June 30, 2021, shall terminate on that date; (3)(A) One member who shall be a licensee or shall be otherwise involved in the production, conditioning, or marketing of crops, seed, turfgrass, or horticultural plants, to be appointed by the Speaker of the House of Representatives. (B) No later than May 31, 2021, the Speaker of the House of Representatives shall appoint a member as provided for in subparagraph (A) of this paragraph whose term shall begin on July 1, 2021, and such member shall serve a single term of five years. The successors to the member whose term ends on June 30, 2026, shall serve terms of four years that begin on July 1 of the year of their appointment. The term of the member appointed as provided for in subparagraph (A) of this paragraph and serving as of June 30, 2021, shall terminate on that date; (4) The Commissioner of Agriculture or his or her designee; (5)(A) Two representatives of the crop, seed, turfgrass, or horticultural plant industry or of farm related organizations, one of whom shall be appointed by the Senate Agriculture and Consumer Affairs Committee, and one of whom shall be appointed by the House Committee on Agriculture and Consumer Affairs. Such representatives shall be licensees or shall otherwise have knowledge of the production, conditioning, or marketing of crops, seed, turfgrass, or horticultural plants. Each committee shall make its appointment with a quorum present and a majority of those present concurring. (B) No later than May 31, 2022, two members shall be appointed as provided for in subparagraph (A) of this paragraph whose terms shall begin on July 1, 2022, and such members shall serve a single term of six years. The successors to the two members whose terms end on June 30, 2028, shall serve terms of four years that begin on July 1 of the year of their appointment. The terms of the members appointed as provided for in subparagraph (A) of this paragraph and serving as of June, 30, 2021, shall terminate on that date;

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(6)(A) One member who shall be a licensee or shall be otherwise involved in the production, conditioning, or marketing of crops, seed, turfgrass, or horticultural plants, to be appointed by the Commissioner of Agriculture. (B) No later than May 31, 2022, the Commissioner of Agriculture shall appoint a member as provided for in subparagraph (A) of this paragraph whose term shall begin on July 1, 2022, and such member shall serve a single term of five years. The successors to the member whose term ends on June 30, 2027, shall serve terms of four years that begin on July 1 of the year of their appointment. The term of the member appointed as provided for in subparagraph (A) of this paragraph and serving as of June 30, 2021, shall terminate on that date; (7) The dean of the College of Agricultural and Environmental Sciences of the University of Georgia; (8) The associate dean for research of the College of Agricultural and Environmental Sciences of the University of Georgia, as a nonvoting member; and (9)(A) An additional nonvoting member who is a crop, seed, turfgrass, or horticultural plant breeder employed by the College of Agricultural and Environmental Sciences of the University of Georgia, appointed by the dean of the College of Agricultural and Environmental Sciences of the University of Georgia, after consultation with the commission. (B) No later than May 31, 2022, the dean of the College of Agricultural and Environmental Sciences of the University of Georgia shall appoint a member as provided for in subparagraph (A) of this paragraph whose term shall begin on July 1, 2022, and such member shall serve a single term of five years. The successors to the member whose term ends on June 30, 2027, shall serve terms of four years that begin on July 1 of the year of their appointment. The term of the member appointed as provided for in subparagraph (A) of this paragraph and serving as of June 30, 2021, shall terminate on that date. (c) The members of the commission shall enter upon their duties without further act or formality. The commission shall organize each odd-numbered year at the meeting next following July 1 of such year, at which time the commission shall elect one of its members as chairperson and another as vice chairperson. It shall also elect a secretary and a treasurer, who need not be members. The offices of secretary and treasurer may be combined in one person. The commission may make such bylaws for its government as it deems necessary but is under no duty to do so."

SECTION 2. This Act shall become effective on January 1, 2021.

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

Approved July 29, 2020.

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MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS DEFINITION OF "WAR VETERAN."

No. 500 (House Bill No. 907).

AN ACT

To amend Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the war veterans home, so as to include an additional time period of service in the definition of "war veteran"; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the war veterans home, is amended by revising Code Section 38-4-50, relating to "war veterans" defined, as follows:
"38-4-50. As used in Code Sections 38-4-51 and 38-4-52, the term 'war veterans' means any veterans who were discharged under other than dishonorable conditions and who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or during the period beginning January 31, 1955, and ending on August 1, 1990, or during the period beginning January 1, 1947, and ending on June 26, 1950."

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 July 29, 2020.

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STATE GOVERNMENT DEPARTMENT OF ADMINISTRATIVE SERVICES; AGREEMENTS WITH COOPERATIVE PURCHASING ORGANIZATIONS; CONTRACT TERMS; PUBLIC DISCLOSURE.

No. 501 (House Bill No. 953).

AN ACT

To amend Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services, so as to provide new authority for the department to enter into or authorize agreements with cooperative purchasing organizations; to provide that certain terms in particular types of state contracts shall be void and unenforceable and should not be included in such agreements; to require the Department of Administrative Services to provide such information on its website; to specify that bids, offers, or proposals and registers thereof shall be subject to the public disclosure provisions of Article 4 of Chapter 18 of Title 50, relating to open records; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services, is amended in Code Section 50-5-51, relating to power, authority, and duty of department, by revising paragraph (9) as follows:
"(9) To enter into or authorize agreements with cooperative purchasing organizations or other states and their political subdivisions to effectuate the purposes and policies of this chapter;"

SECTION 2. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the general authority, duties, and procedure of state purchasing, is amended by adding a new Code section to read as follows:

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"50-5-64.1. (a) A contract entered into pursuant to this part shall not contain a term that:
(1) Requires the state or any agency, authority, board, bureau, commission, department, institution, or any other entity thereof to:
(A) Defend, indemnify, or hold harmless another person; or (B) Be bound by terms and conditions that are unknown at the time of signing such contract or which may be unilaterally changed by the other party; (2) Provides for: (A) A person other than the Attorney General to serve as legal counsel for the state or for any agency, authority, board, bureau, commission, department, institution, or any other entity thereof; (B) A venue for any action or dispute other than the Superior Court of Fulton County, Georgia, as provided in Code Section 50-21-1; (C) The contract to be construed in accordance with the laws of a state other than the State of Georgia; (D) Binding arbitration; or (E) An automatic renewal such that state funds are or would be obligated in subsequent fiscal years; or (3) Is inconsistent with the provisions of Article 4 of Chapter 18 of this title, relating to open records. (b) If a contract entered into pursuant to this part contains a term prohibited under subsection (a) of this Code section, such term shall be void, and the contract shall be otherwise enforceable as if it did not contain such term. (c) The Department of Administrative Services shall maintain a copy of this Code section on its website."

SECTION 3. Said part is further amended by revising paragraph (4) of subsection (d) of Code Section 50-5-67, relating to the 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, as follows:
"(4) The Department of Administrative Services shall canvass the bids, offers, or proposals and award the contract according to the terms of this part. The Department of Administrative Services shall prepare a register of bids, offers, or proposals which shall become available for public inspection, in accordance with Article 4 of Chapter 18 of this title, relating to open records, after the issuance of the department's public notice of intent to award to the successful bidder or offeror. The bids, offers, or proposals shall not be subject to public disclosure, in accordance with Article 4 of Chapter 18 of this title, relating to open records, until after the issuance of the public notice of intent to award a contract to the successful bidder or offeror except that audited financial statements not

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otherwise publicly available but required to be submitted in the bid, offer, or proposal shall not be subject to such public disclosure."

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

Approved July 29, 2020.

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PUBLIC UTILITIES AND PUBLIC TRANSPORTATION PIPE SAFETY STANDARDS; PENALTIES.

No. 502 (House Bill No. 972).

AN ACT

To amend Article 5 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to miscellaneous offenses and penalties, so as to provide for penalties for violations of pipeline safety standards and regulations prescribed and enforced by the Public Service Commission; to provide for a definition; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 5 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to miscellaneous offenses and penalties, is amended by revising Code Section 46-2-91, relating to penalties recoverable before commission, superior court filing of certain commission orders, venue, and effect of judgment, as follows:
"46-2-91. (a) Except as provided in subsection (b) of this Code section, any person, firm, or corporation (referred to in this Code section as a 'utility') subject to the jurisdiction of the commission, which utility willfully violates any law administered by the commission or any duly promulgated regulation issued thereunder or which fails, neglects, or refuses to comply with any order after notice thereof, shall be liable to a penalty not to exceed $15,000.00 for such violation and an additional penalty not to exceed $10,000.00 for each day during which such violation continues. (b) Any operator which violates any rule or regulation of the commission prescribed pursuant to subsection (i) of Code Section 46-2-20, or which fails, neglects, or refuses to comply with any order after notice thereof, shall be liable to a penalty not to exceed the

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maximum penalties provided for in 49 C.F.R. Section 190.223. As used in this subsection, the term 'operator' means any person who engages in the transportation of natural gas by pipeline.
(c)(1) The commission, after a hearing conducted after not less than 30 days' notice, shall determine whether any utility has willfully violated any law administered by the commission or any duly promulgated regulation issued thereunder, or has failed, neglected, or refused to comply with any order of the commission. Upon an appropriate finding of a violation, the commission may impose by order such civil penalties as are provided by either subsection (a) or (b) of this Code section, but not both. In each such proceeding, the commission shall maintain a record as provided in paragraph (8) of subsection (a) of Code Section 50-13-13 including all pleadings, a transcript of proceedings, a statement of each matter of which the commission takes official notice, and all staff memoranda or data submitted to the commission in connection with its consideration of the case. All penalties and interest thereon (at the rate of 10 percent per annum) recovered by the commission shall be paid into the general fund of the state treasury. (2) Any party aggrieved by a decision of the commission may seek judicial review as provided in subsection (d) of this Code section. (d)(1) Any party who has exhausted all administrative remedies available before the commission and who is aggrieved by a final decision of the commission in a proceeding described in subsection (c) of this Code section may seek judicial review of the final order of the commission in the Superior Court of Fulton County. (2) Proceedings for review shall be instituted by filing a petition within 30 days after the service of the final decision of the commission or, if a rehearing is requested, within 30 days after the decision thereon. A motion for rehearing or reconsideration after a final decision by the commission shall not be a prerequisite to the filing of a petition for review. Copies of the petition shall be served upon the commission and all parties of record before the commission. (3) The petition shall state the nature of the petitioner's interest, the facts showing that the petitioner is aggrieved by the decision, and the ground, as specified in paragraph (6) of this subsection, upon which the petitioner contends that the decision should be reversed. The petition may be amended by leave of court. (4) Within 30 days after service of the petition, or within such further time as is stipulated by the parties or as is allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceedings under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate that the record be limited may be taxed for the additional costs. The court may require or permit subsequent corrections or additions to the record. (5) If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional

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evidence is material and there were good reasons for failure to present it in the proceedings before the agency, the court may order that the additional evidence be taken before the commission upon such procedure as is determined by the court. The commission may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court. (6) The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the commission as to the weight of the evidence on questions of fact. The court may affirm the decision of the commission or remand the case for further proceedings. The court may reverse the decision of the commission if substantial rights of the petitioner have been prejudiced because the commission's findings, inferences, conclusions, or decisions are:
(A) In violation of constitutional or statutory provisions; (B) In excess of the statutory authority of the commission; (C) Made upon unlawful procedure; (D) Clearly not supported by any reliable, probative, and substantial evidence on the record as a whole; or (E) Arbitrary or capricious. (7) A party aggrieved by an order of the court in a proceeding authorized under subsection (c) of this Code section may appeal to the Supreme Court of Georgia or to the Court of Appeals of Georgia in accordance with Article 2 of Chapter 6 of Title 5, the 'Appellate Practice Act.' (e) The commission may file in the superior court in the county in which the person under order resides or in the county in which the violation occurred or, if the person is a corporation, in the county in which the corporation maintains its principal place of business a certified copy of a final order of the commission unappealed or of a final order of the commission affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. The judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by the court."

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 July 29, 2020.

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CRIMINAL PROCEDURE SENTENCING.

No. 503 (House Bill No. 984).

AN ACT

To amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment, so as to change provisions relating to sentencing; to provide credit for time served; to change provisions relating to the commencement of a sentence when the case has been appealed; 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 10 of Title 17 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment, is amended by revising subsection (f) of Code Section 17-10-1, relating to fixing of sentence, change in sentence, eligibility for parole, prohibited modifications, and exceptions, as follows:
"(f) Within one year of the date upon which the sentence is imposed, or within 120 days after receipt by the sentencing court of the remittitur upon affirmance of the judgment after direct appeal, whichever is later, the court imposing the sentence has the jurisdiction, power, and authority to correct or reduce the sentence and to suspend or probate all or any part of the sentence imposed. The time periods prescribed in this subsection require the defendant to file a motion within such time periods; however, the court shall not be constrained to issue its order or hear the matter within such time periods. Prior to entering any order correcting, reducing, or modifying any sentence, the court shall afford notice and an opportunity for a hearing to the prosecuting attorney. Any order modifying a sentence which is entered without notice and an opportunity for a hearing as provided in this subsection shall be void. This subsection shall not limit any other jurisdiction granted to the court in this Code section or as provided for in subsection (g) of Code Section 42-8-34."

SECTION 2. Said article is further amended by revising Code Section 17-10-9, relating to specification by the judge imposing the sentence of time from which a penal sentence runs and the effect of an appeal, as follows:
"17-10-9. (a) In the imposition of sentence for violation of the penal laws, it shall be the duty of the judge to specify that the term of service under the sentence shall be computed from the date of sentence if the defendant is confined in jail or otherwise incarcerated and has no appeal or motion for new trial pending.

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(b) In cases which are appealed to the Georgia Court of Appeals or the Georgia Supreme Court for reversal of the conviction, the sentence shall be computed from the date the remittitur of the appellate court is made the judgment of the court in which the conviction is had, provided the defendant is not at liberty under bond but is incarcerated or in custody of the sheriff of the county where convicted. If the defendant was at liberty under bond during the pendency of the appeal, once the remittitur of the appellate court is made the judgment of the court in which the conviction is had, the prosecuting attorney shall have the burden of notifying the defendant of the commencement of the sentence within 90 days of such remittitur. When the prosecuting attorney fails to provide such notice, the sentence shall be computed from the date of such remittitur. (c) If a defendant has been convicted and sentenced but, because of his or her failure or inability to post bond or bail for any reason, he or she has been incarcerated pending the prosecution of an appeal to any court, the time of the original imposition of his or her sentence until the time when the remittitur of the appellate court is made the judgment of the court in which the conviction is had shall be counted as time spent under sentence for all purposes."

SECTION 3. Said article is further amended by revising Code Section 17-10-11, relating to granting of credit generally, use in determining parole eligibility, and applicability of Code section, as follows:
"17-10-11. (a) Except as provided in subsection (b) of this Code section, upon conviction for an offense, a person shall be given full credit for each day spent in confinement in any penal institution or facility and in any institution or facility for treatment or examination for a disability, as such term is defined in Code Section 37-1-1, infirmity, or other physical condition, including:
(1) Pretrial confinement, for any reason, since the date of arrest for the offense which is the subject of the sentence; and (2) Posttrial confinement awaiting the remittitur from an appellate court or transfer to the Department of Corrections or other court ordered institution or facility. (b) The court may exclude credit for time served in pretrial confinement when its sentence: (1) Requires the person to complete a program at a probation detention center as set forth in Code Section 42-8-35.4; (2) Allows the person to participate in a work release program as set forth in Code Section 42-1-4; or (3) Is for a misdemeanor offense for time spent in confinement in a jurisdiction other than the one in which the arrest for such offense occurred. (c) The credit or credits set forth in subsection (a) of this Code section shall be applied toward the convicted person's sentence and shall be considered by the State Board of Pardons and Paroles in determining the eligibility of such person for parole.

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(d) This Code section shall apply to sentences for all crimes, whether classified as violations, misdemeanors, or felonies, and to all courts having criminal jurisdiction located within the boundaries of this state."

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

Approved July 29, 2020.

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CONTRACTS SERVICE CONTRACTS; AUTOMATIC RENEWALS; CONSUMER PROTECTION.

No. 504 (House Bill No. 1039).

AN ACT

To amend Chapter 12 of Title 13 of the Official Code of Georgia Annotated, relating to automatic renewal provisions, so as to provide additional protections for consumers who enter into service contracts that contain lengthy automatic renewal provisions; 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 12 of Title 13 of the Official Code of Georgia Annotated, relating to automatic renewal provisions, is amended by revising Code Section 13-12-3, relating to notice to consumer prior to automatic renewal of a service contract, as follows:
"13-12-3. (a) Any seller that sells, leases, or offers to sell or lease any service to a consumer pursuant to a service contract for a specified period of 12 months or more and that automatically renews for a specified period of more than one month, unless the consumer cancels the contract, shall provide the consumer with written or electronic notification of the automatic renewal provision. Notification shall be provided to the consumer no less than 30 days or no more than 60 days before the cancellation deadline pursuant to the automatic renewal provision. Such notification shall disclose clearly and conspicuously:
(1) That unless the consumer cancels the contract, the contract will automatically renew; and

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(2) The methods by which the consumer may obtain details of the automatic renewal provision and cancellation procedure, including contacting the seller at a specified telephone number or address, referring to the contract, or any other method. (b) For any contract for service to a consumer that automatically renews for a specified period of more than 24 months, the seller shall, in addition to providing the notification required under subsection (a) of this Code section, obtain the following for the automatic renewal provision of such contract to be enforceable: (1) Written or electronic acknowledgment from the consumer of receipt of the notification required under subsection (a) of this Code section; and (2) An affirmative written or electronic response that the consumer does not intend to terminate the service contract."

SECTION 2. This Act shall become effective on January 1, 2021.

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

Approved July 29, 2020.

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AGRICULTURE FERTILIZERS, LIMING MATERIALS, AND SOIL AMENDMENTS; PROHIBIT INCLUSION OF DOMESTIC SEPTAGE; RULES AND REGULATIONS; REPORTS.

No. 505 (House Bill No. 1057).

AN ACT

To amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to fertilizers, liming materials, and soil amendments, so as to prohibit domestic septage in fertilizer, liming materials, and soil amendments; to remove authorization for promulgation of rules and regulations regarding fertilizers and liming materials derived from industrial products; to provide for penalties; to revise a definition; to provide for a tonnage fee and semiannual reports; to authorize promulgation of rules and regulations and sharing of information and consultation with other agencies; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to fertilizers, liming materials, and soil amendments, is amended by revising Code Section 2-12-11, relating to distribution of adulterated fertilizer prohibited and when adulterated, as follows:
"2-12-11. No person shall distribute an adulterated fertilizer product. A fertilizer shall be deemed to be adulterated if:
(1) It contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant, animal, human, or aquatic life or to soil or water when applied in accordance with directions for use on the label or if adequate warning statements or directions for use which may be necessary to protect plant, animal, human, or aquatic life or soil or water are not shown upon the label; (2) Its composition falls below or differs from that which it is purported to possess by its labeling; (3) It contains unwanted crop seed or weed seed; or (4) It contains domestic septage as such term is defined in 40 CFR 503.9.."

SECTION 2. Said chapter is further amended by revising Code Section 2-12-15, relating to adoption, enforcement, and promulgation of rules and regulations generally and sharing of information, as follows:
"2-12-15. For the enforcement and implementation of this article, the Commissioner is authorized to prescribe and adopt, according to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and enforce such reasonable rules and regulations relating to the distribution of fertilizers as the Commissioner finds necessary to carry into effect the full intent and meaning of this article and to ensure ethical practices in the sale, delivery, and return of fertilizer. The Commissioner is further authorized to share such information and consult with other agencies such as, but not limited to, the Environmental Protection Division of the Department of Natural Resources and the United States Department of Agriculture's Natural Resources Conservation Service."

SECTION 3. Said chapter is further amended by revising Code Section 2-12-20, relating to notice of violations, administrative hearing, penalty for violation, and prosecution, as follows:
"2-12-20. (a) If it shall appear from the examination of any fertilizer that any of the provisions of this article or the rules and regulations issued pursuant to this article have been violated, the Commissioner shall cause notice of the violations to be given to the licensee, distributor, or processor from whom such sample was taken. Any person so notified shall be given opportunity to be heard in accordance with Chapter 13 of Title 50, the 'Georgia

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Administrative Procedure Act.' If it appears after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this article or the rules and regulations issued pursuant to this article have been violated, the Commissioner may certify the facts to the proper prosecuting attorney. (b) Except as otherwise provided in this Code section, any person violating any provision of this article or regulation adopted pursuant to this article shall be guilty of a misdemeanor. (c) Nothing in this article shall be construed as requiring the Commissioner to report cases for prosecution or for the institution of seizure proceedings as a result of minor violations of this article when he or she believes that the public interest will be best served by a suitable notice of warning in writing or other methods. (d) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. (e) Any person who distributes fertilizer in this state which contains domestic septage as such term is defined in 40 CFR 503.9 shall be guilty of a misdemeanor for the first offense. For the second or any subsequent offense, any person who distributes fertilizer in this state which contains domestic septage as such term is defined in 40 CFR 503.9 shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be punished as provided in Code Section 17-10-4. Each such violation shall constitute a separate offense. (f) Any person who distributes a fertilizer in this state which contains domestic septage as such term is defined in 40 CFR 503.9 shall be liable for a civil penalty of not more than $25,000.00 per violation. For the second or any subsequent offense, any person who distributes a fertilizer in this state which contains domestic septage as such term is defined in 40 CFR 503.9 shall be liable for a civil penalty of not more than $50,000.00 per violation."

SECTION 4. Said chapter is further amended by revising Code Section 2-12-47, relating to sale of noncomplying or toxic material prohibited, as follows:
"2-12-47. (a) No agricultural liming material shall be sold or offered for sale in this state unless it complies with the provisions of this article and rules and regulations adopted pursuant to this article. (b) No agricultural liming material shall be sold or offered for sale in this state which contains toxic materials in quantities determined by the Commissioner which may be injurious to plants or animals. (c) No agricultural liming material which contains domestic septage as such term is defined in 40 CFR 503.9 shall be sold or offered for sale in this state."

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SECTION 5. Said chapter is further amended by revising Code Section 2-12-49, relating to rules and regulations and sharing of information, as follows:
"2-12-49. The Commissioner, after reasonable notice and hearing, is authorized to promulgate and adopt rules and regulations for the administration of this article. The Commissioner is further authorized to share such information and consult with other agencies such as, but not limited to, the Environmental Protection Division of the Department of Natural Resources and the United States Department of Agriculture's Natural Resources Conservation Service."

SECTION 6. Said chapter is further amended by revising Code Section 2-12-50, relating to notice and prosecution of violations, hearings, and penalty, as follows:
"2-12-50. (a) If it appears to the Commissioner or the Commissioner's agents that this article or the rules and regulations issued under this article have been violated, the Commissioner shall cause notice of the violation to be given to the licensee, distributor, or person responsible; and the persons notified shall be given an opportunity to be heard in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' If it appears after such hearing that any of the provisions of this article or the rules and regulations issued pursuant to this article have been violated, the Commissioner may certify the facts to the court having jurisdiction for prosecution as a misdemeanor or other appropriate action. (b) Except as otherwise provided in this Code section, any person violating any provision of this article or regulation adopted pursuant to this article shall be guilty of a misdemeanor. (c) Nothing in this article shall be construed as requiring the Commissioner to report a violation of this article for prosecution or for the institution of seizure proceedings when the Commissioner believes that the public interest will best be served by other methods. (d) Any person who sells or offers for sale an agricultural liming material in this state which contains domestic septage as such term is defined in 40 CFR 503.9 shall be guilty of a misdemeanor for the first offense. For the second or any subsequent offense, any person who sells or offers for sale an agricultural liming material in this state which contains domestic septage as such term is defined in 40 CFR 503.9 shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be punished as provided in Code Section 17-10-4. Each such violation shall constitute a separate offense. (e) Any person who sells or offers for sale an agricultural liming material in this state which contains domestic septage as such term is defined in 40 CFR 503.9 shall be liable for a civil penalty of not more than $25,000.00 per violation. For the second or any subsequent offense, any person who sells or offers for sale an agricultural liming material

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in this state which contains domestic septage as such term is defined in 40 CFR 503.9 shall be liable for a civil penalty of not more than $50,000.00 per violation."

SECTION 7. Said chapter is further amended in Code Section 2-12-71, relating to soil amendment definitions, by revising paragraph (1) as follows:
"(1) 'Adulterated' means any soil amendment: (A) Which contains any deleterious or harmful agent in sufficient quantity to be injurious to beneficial plants, animals, or aquatic life when applied in accordance with the directions for use shown on the label; (B) Whose composition differs substantially from that offered in support of registration or shown on the label; (C) Which contains noxious weed seed; or (D) Which contains domestic septage as such term is defined in 40 CFR 503.9."

SECTION 8. Said chapter is further amended by revising Code Section 2-12-75, relating to semiannual reports to be filed and failure to file or false filing as ground for registration revocation, as follows:
"2-12-75. (a) Any person who distributes a soil amendment to another person in this state must pay the Commissioner an inspection fee; provided, however, that sales or exchanges between registrants and sales of containers of ten pounds or less shall be exempt from such fee. The Commissioner shall establish the per ton inspection fee at an amount not to exceed 30 per ton, which amount shall equal or exceed annual costs anticipated to be incurred by the department in administering the soil amendment inspection program. (b) Each registrant must keep accurate records of the registrant's sales and must file semiannual reports covering the periods of January 1 through June 30 and July 1 through December 31. Each semiannual report must be accompanied by full payment of the inspection fee set forth in subsection (a) of this Code section. Each semiannual report must be submitted to the department within 30 days following the end of the applicable filing period. If the tonnage report is not timely filed or is false in any respect, then the Commissioner may revoke the registration or assess a penalty in the amount of the greater of ten percent of the amount due or $10.00."

SECTION 9. Said chapter is further amended by revising Code Section 2-12-80, relating to promulgation and adoption of rules and regulations and sharing of information, as follows:
"2-12-80. The Commissioner is authorized to:
(1) Promulgate and adopt:

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(A) Such rules and regulations as may be necessary to enforce this article. Such regulations may relate to, but shall not be limited to, methods of inspection and examination, designation of ingredients, and identity of products; and (B) Rules and regulations relative to soil amendments derived from industrial by-products which may include, but not be limited to, application rates, proper conditions for application, application record keeping and retention, development and use of site-specific nutrient management plans, and storage and containment in or on lands where soil amendments are applied, but shall exclude forest products, slates, clays, shells, gypsum, and lime; provided, however, that pursuant to Code Section 2-1-6, no local government shall be prohibited or impaired from adopting or enforcing any zoning ordinance, including the adoption of buffers and setbacks; and (2) Share such information and consult with other agencies such as, but not limited to, the Environmental Protection Division of the Department of Natural Resources and the United States Department of Agriculture's Natural Resources Conservation Service."

SECTION 10. Said chapter is further amended by revising Code Section 2-12-83, relating to penalties, as follows:
"2-12-83. (a) Except as otherwise provided in this Code section, any person violating any provision of this article or regulation adopted under this article shall be guilty of a misdemeanor. (b) Any person who distributes or applies a soil amendment which contains domestic septage as such term is defined in 40 CFR 503.9 shall be guilty of a misdemeanor for the first offense. For the second or any subsequent offense, any person who distributes or applies a soil amendment which contains domestic septage as such term is defined in 40 CFR 503.9 shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be punished as provided in Code Section 17-10-4. Each such violation shall constitute a separate offense. (c) Any person who distributes or applies a soil amendment which contains domestic septage as such term is defined in 40 CFR 503.9 shall be liable for a civil penalty of not more than $25,000.00 per violation. For the second or any subsequent offense, any person who distributes or applies a soil amendment which contains domestic septage as such term is defined in 40 CFR 503.9 shall be liable for a civil penalty of not more than $50,000.00 per violation."

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Approved July 29, 2020.

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PROPERTY CONDOMINIUMS; INSURANCE POLICY DISCLOSURES.

No. 506 (House Bill No. 1070).

AN ACT

To amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to provide new insurance policy disclosure requirements for condominium associations and unit owners in the event of potential or actual claims related to water damage or water peril filed against such 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. Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, is amended in Code Section 44-3-107, relating to insurance coverage, by adding a new subsection to read as follows:
"(c) In the event of a potential or submitted claim related to water damage or water peril on any insurance policy obtained by:
(1) An association, and upon written request by a unit owner to the association, the association or its designated agent shall, within five business days from the receipt of such request, provide to such owner a copy of the association's certificate of insurance for all such insurance obtained by the association that may apply to such potential claim or submitted claim. Such request shall state an address to which such information shall be directed and shall specify whether such information shall be available for pickup, mailed, or sent by electronic communication along with the specific address for mailing or electronic communication. When such claim related to water damage or water peril has been submitted, and upon written request by a unit owner to the association, the association or its designated agent shall, within five business days from the receipt of such request, provide the name, address, and telephone number of the insurance adjuster, if one has been identified to the association; or (2) A unit owner, and upon written request by an association or its designated agent to a unit owner, the unit owner shall, within five business days from the receipt of such request, provide to the association or its designated agent a copy of the unit owner's certificate of insurance for all such insurance obtained by the unit owner that may apply to the potential claim or actual claim. Such request shall state an address to which such information is to be directed and shall specify whether such information shall be available for pickup, mailed, or sent by electronic communication along with the specific address for mailing or electronic communication. When such claim related to water damage or water peril has been submitted, and upon written request by the association to a unit

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owner, the unit owner or its designated agent shall, within five business days from the receipt of such request, provide the name, address, and telephone number of the insurance adjuster, if one has been identified to the unit owner. Nothing contained in this subsection shall require an association to obtain insurance related to water damage or water perils."

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

Approved July 29, 2020.

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HIGHWAYS, BRIDGES, AND FERRIES REVENUE AND TAXATION STATE GOVERNMENT STATE-WIDE STRATEGIC TRANSPORTATION PLAN; APPEAL OF DEPARTMENT OF TRANSPORTATION REJECTION OF BID; ACQUISITION OF PROPERTY; RELOCATION OR RECONSTRUCTION OF OUTDOOR ADVERTISING SIGNS; VARIANCES; USE OF CONSUMER PRICE INDEX WITH MOTOR FUEL TAX.

No. 507 (House Bill No. 1098).

AN ACT

To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for development of a state-wide strategic transportation plan; to provide for updating and reporting of such plan; to provide for use of such plan in making award determinations relating to public and private financing of projects; to require the Department of Transportation to develop a procedure for appealing the rejection of a contract bid; to provide for acquisition of property by the department for present or future public road purposes; to provide for the relocation or reconstruction of outdoor advertising signs in certain instances; to provide for payment or the issuance of variances to zoning and land disturbance permits in instances where remedy for acquisition or condemnation of property rights for public road purposes results in violation of local ordinances; to amend Code Section 48-8-243 of the Official Code of Georgia Annotated, relating to criteria for development of investment list of projects and programs for Special District Transportation Sales and Use Tax, report, and gridlock, so as to make a conforming cross-reference change; to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to levy of excise tax upon motor fuel, rate, taxation of motor fuels not commonly sold or measured by gallon, rate, prohibition of tax on motor fuel by political subdivisions, exception, and

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exempted sales, so as to provide for the use of the Consumer Price Index in determining an excise tax upon motor fuel; to amend Code Section 50-13-41 of the Official Code of Georgia Annotated, relating to hearing procedures, powers of administrative law judge, issuance of decision, reviewing agency, and review of contested cases, so as to revise a definition; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by revising Code Section 32-2-41.1, relating to progress report and state-wide strategic transportation plan, as follows:
"32-2-41.1. The director shall prepare a state-wide strategic transportation plan. Such plan shall be updated and delivered in coordination with the state-wide, intermodal transportation plan as defined in 23 C.F.R. Section 450.104. The director shall prepare the state-wide strategic transportation plan for the Governor, Lieutenant Governor, Speaker of the House of Representatives, and the chairpersons of the Senate Transportation Committee and House Committee on Transportation."

SECTION 2. Said title is further amended by revising Code Section 32-2-69, relating to bidding process and award of contract, as follows:
"32-2-69. (a) Except as authorized by Code Sections 32-2-79 and 32-2-80, the department shall award contracts to the lowest reliable bidder, provided that the department shall have the right to reject any and all such bids whether such right is reserved in the public notice or not and, in such case, the department may readvertise, perform the work itself, or abandon the project. (b) If only one bid is received, the department shall open and read the bid. If the bid is at or below the department's cost estimate for the project as certified by the chief engineer, such cost estimate shall be read immediately and publicly. If the bid exceeds the department's cost estimate for the project, the department may negotiate with the bidder to establish a fair and reasonable price for the contract, provided that the resulting negotiated contract price is not greater than the bid and that the department's cost estimate is disclosed to the bidder prior to the beginning of the negotiations. For purposes of this Code section, posting of a bid on the department's website shall be equivalent to having read the bid. (c) If the department made errors in the bidding documents which resulted in an unbalanced bid, the department may negotiate with the lowest reliable bidder to correct such errors, provided that the lowest reliable bidder is not changed.

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(d) If the lowest reliable bidder is released by the department because of an obvious error or if the lowest reliable bidder refuses to accept the contract and thereby forfeits the bid bond, the department may award the contract to the next lowest reliable bidder, readvertise, perform the work itself, or abandon the project. (e) 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. (f) The department shall provide by rule and regulation for a procedure to appeal the rejection of any bid for contracts the department is authorized to enter into under this Code section."

SECTION 3. Said title is further amended in Code Section 32-2-80, relating to public and private financing of projects, prohibitions, request for proposed process, no delegation of eminent domain, and performance and payment security, by revising paragraph (4) of subsection (a) as follows:
"(4) The department shall engage in individual discussions with two or more respondents deemed fully qualified, responsible, and suitable on the basis of initial responses and with emphasis on professional competence and ability to meet the level of private financial participation called for by the department. Repetitive informal interviews shall be permissible. In the event that any local governing authority has agreed to consider financial participation in the project, a representative of such local governing authority, appointed by such local governing authority, may participate in such discussions and interviews. At the discussion stage, the department may discuss estimates of total project costs, including, but not limited to, life cycle costing and nonbinding estimates of price for services. Proprietary information from competing respondents shall not be disclosed to the public or to competitors. At the conclusion of such discussions, on the basis of evaluation factors published in the request for proposal and all information developed in the selection process, the department, with the input of any participating local governing authority, shall select in the order of preference two or more respondents whose qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted with two or more respondents and with the participation of the designated representative of any participating local governing authority. Upon approval by the department, the commissioner shall select the respondent for project implementation based upon contract terms that are the most satisfactory and advantageous to the state and to the department based upon a thorough assessment of value and the ability of the final project's characteristics to meet state strategic goals and investment policies as provided for by Code Section 32-2-41.1. Before making such selection, the commissioner shall consult with any participating local governing authority or authorities. Notwithstanding the foregoing, if the terms and conditions for multiple awards are included in the request for proposal, the department may award contracts to more than one respondent. Should the department determine in writing and in its sole discretion that only one respondent is fully qualified, or that one respondent is clearly

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more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that respondent."

SECTION 4. Said title is further amended in Code Section 32-3-1, relating to authority to acquire property for present or future public road or other transportation purposes, by revising paragraphs (1) and (2) of subsection (c) as follows:
"(1) Construction will be commenced on the property to be acquired within a period of not less than two years nor more than ten years following the end of the fiscal year in which the secretary of transportation of the United States approves an advance of all the necessary funds to the department for the acquisition of rights of way for such construction under authority of Title 23, Section 108, United States Code, as amended; or (2) The intended acquisition is part of a specific plan of highway development, and the acquisition will assist in accomplishing one or more of the following:
(A) A substantial monetary savings; (B) The enhancement of the integration of highways with public or private urban redevelopment; or (C) The forestalling of the physical or functional obsolescence of highways."

SECTION 5. Said title is further amended in Code Section 32-3-3.1, relating to relocation or reconstruction of outdoor advertising sign and requirements, by revising subsections (b) and (e) as follows:
"(b) An outdoor advertising sign relocated as provided for in subsection (a) of this Code section, or the visibility of which is otherwise obstructed by the construction of a sound wall, noise barrier, or other transportation related improvement, may be adjusted in height or angle or both in order to restore the visibility of the sign to the same or a comparable visibility which existed prior to acquisition by a state agency, county, or municipality, provided that the height of such relocated sign shall not exceed the greater of the height of the existing sign or 75 feet, as measured from the base of the sign or the crown of the adjacent roadway to which the sign is permitted, whichever is greater." "(e) If a sign is eligible to be relocated as provided for in subsection (a) of this Code section, or the visibility of which is otherwise obstructed by the construction of a sound wall, noise barrier, or other transportation related improvement, but such new location would result in a conflict with local ordinances in the city or county of applicable jurisdiction and no variance or other exception is granted to allow relocation as requested by the owner of the outdoor advertising sign, just and adequate compensation shall be paid by the local governing authority to the owner of the outdoor advertising sign. However, no compensation resulting from the denial of a variance or exception by a local governing

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authority for an outdoor advertising sign eligible for relocation under this Code section shall be paid either directly or indirectly by the department."

SECTION 6. Said title is further amended by adding a new Code section to read as follows:
"32-3-3.2. (a) As used in this Code section, the term:
(1) 'Acquisition' means the acquisition of rights of way or right of way easements in lieu of condemnation. (2) 'Condemnation' means condemnation of rights of way or right of way easements pursuant to this title. (3) 'Documentation of a conflict' means documentation produced by a condemning authority to a property owner revealing a proposed cure for an alleged damage that resulted as part of a condemnation or from acquisition through negotiations, of which the cure proposed to the property owner by the condemning authority would result in a violation of a local government land use ordinance or land disturbance regulation. (b) When rights of way or real property or interests therein are acquired or condemned by a state agency, county, or municipality for public road purposes and a documentation of a conflict has been issued to a property owner, the local jurisdiction shall: (1) Grant a minimum degree of variance from land use or land disturbance permitting standards for the remaining parcel to the property owner or any successor in interest. Such variance shall be granted upon satisfactory production of proof of the transfer of title of the acquired or condemned property or interests in property to the condemning authority and the documentation of a conflict; provided, however, that application for any such variance has been made no later than five years after the transfer of property or interests in property; or (2) Provide to the property owner or any successor in interest just and adequate compensation for damages related to a conflict with local land use ordinances or regulations as identified by documentation of a conflict and upon denial of a variance sought pursuant to paragraph (1) of this subsection; provided, however, that no compensation shall be paid either directly or indirectly by the acquirer or condemnor."

SECTION 7. Code Section 48-8-243 of the Official Code of Georgia Annotated, relating to criteria for development of investment list of projects and programs for Special District Transportation Sales and Use Tax, report, and gridlock, is amended by revising subsection (a) as follows:
"(a) Within 60 calendar days following approval by the Governor of the state-wide strategic transportation plan, the State Transportation Board shall consider the state-wide strategic transportation plan in accordance with the provisions of subsection (c) of Code Section 32-2-22. Upon approval of the state-wide strategic transportation plan by the State Transportation Board, the director shall provide in written form to the local governments

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and any MPO's within each special district across the state recommended criteria for the development of an investment list of projects and programs. The establishment of such criteria shall comport with the state-wide strategic transportation plan. The recommended criteria shall include performance goals, allocation of investments in alignment with performance, and execution of projects. The state fiscal economist shall develop an estimate of the proceeds of the special district transportation sales and use tax for each special district using financial data supplied by the department. Such estimate shall include reasonable ranges of anticipated growth, if any. The director shall include such estimates and ranges in the recommended criteria for developing the draft investment list. Any local government or MPO desiring to submit comments on the recommended criteria shall make such submission to the director no later than September 30, 2010. On or before November 10, 2010, the mayors in each county shall elect the mayoral representative to the regional transportation roundtable and notify the county commission chairperson and the director of that mayor's name. The director shall accept comments from any MPO located wholly or partially within each special district in finalizing the recommended district criteria in a written report on or before November 15, 2010. Such report shall also include notice of the date, time, and location of the first regional transportation roundtable for each special district for the purpose of considering the recommended district criteria and for electing members of the executive committee for each special district. Any amendment to the recommended criteria, approval of such criteria, and election of the executive committee shall be enacted by a majority vote of the representatives present at the roundtable meeting. Upon approval of the criteria, the director shall promptly deliver a report to the commissioner of transportation, local governments, any MPO located wholly or partially within each special district and the members of the General Assembly whose districts lie wholly or partially within each special district detailing the criteria approved by the roundtable."

SECTION 8. Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to levy of excise tax upon motor fuel, rate, taxation of motor fuels not commonly sold or measured by gallon, rate, prohibition of tax on motor fuel by political subdivisions, exception, and exempted sales, is amended 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, 2025."

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SECTION 9. Code Section 50-13-41 of the Official Code of Georgia Annotated, relating to hearing procedures, powers of administrative law judge, issuance of decision, reviewing agency, and review of contested cases, is amended by revising paragraph (1) of subsection (d) as follows:
"(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 or otherwise regulating or controlling any profession, business or trade if members thereof are appointed by the Governor; the Department of Transportation; or the Department of Human Services in a contested case where such department is required to be the ultimate decision maker by federal law or regulations governing titles IV-B and IV-E of the federal Social Security Act."

SECTION 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Approved July 29, 2020.

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WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES APPEAL AND ERROR BANKING AND FINANCE CIVIL PRACTICE CONTRACTS COURTS DOMESTIC RELATIONS EQUITY STATE GOVERNMENT REVISE AND UPDATE "REVISED PROBATE CODE OF 1998" AND ADMINISTRATION OF ESTATES.

No. 508 (House Bill No. 865).

AN ACT

To amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to revise and update provisions of the "Revised Probate Code of 1998"; to update grammar; to provide for and revise definitions; to clarify the application of the principles of common law and equity governing wills, trusts, and the administration of estates; to revise provisions concerning the judicial determination of heirs and their

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interests; to provide for and revise the jurisdiction of the superior court and probate court in certain matters; to provide for and revise provisions concerning year's support; to provide for and revise provisions concerning the determination, execution and attestation, and construction of wills and trust instruments; to provide for and revise provisions concerning the probate of wills; to provide for and revise provisions concerning administrators and personal representatives; to provide for and revise provisions concerning the administration of estates; to provide for and revise provisions concerning sales and conveyances by administrators, personal representatives, and the courts; to revise provisions regarding missing persons and persons believed to be dead; to revise procedures in probate court; to revise jurisdiction and court procedures concerning trusts; to provide for and revise provisions concerning the creation and validity of trusts; to provide for and revise provisions concerning the reformation, modification, division, consolidation, and termination of trusts; to provide for and revise provisions concerning trustees' duties and powers; to revise provisions of the "Revised Uniform Fiduciary Access to Digital Assets Act"; to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions regarding certiorari and appeals to appellate courts generally, so as to revise provisions regarding the time for appeal by representatives where a party dies after trial; to amend Part 12 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to deposits of deceased depositors, so as to revise provisions concerning the payment of large deposits of deceased intestate depositors; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for a period of limitation for certain claims against a decedent's estate; to revise provisions concerning declaratory judgments involving fiduciaries; to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to revise provisions regarding the fiduciaries conveying property by attorneys in fact; to amend Article 2 of Chapter 5 of Title 13 of the Official Code of Georgia Annotated, relating to statute of frauds, so as to make conforming changes; to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to revise the qualifications for judge of the probate in certain counties; to revise certain court procedures; to revise provisions concerning default judgments; to provide for and revise fee provisions; to revise the concurrent jurisdiction of probate court with superior court; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise the power of superior court judges in appointing and removing trustees and protecting trust estates; to revise enforcement of antenuptial agreements; to revise provisions concerning permanent alimony; to amend Article 3 of Chapter 2 of Title 23 of the Official Code of Georgia Annotated, relating to fraud, so as to revise provisions concerning fiduciary relationship; to amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to lottery for education, so as to provide for the preference of the Georgia Lottery Corporation for certain proceeds due from a person's estate; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, is amended in Article 1 of Chapter 1, relating to the "Revised Probate Code of 1998" in general, by adding a new Code section to read as follows:
"53-1-9. Except to the extent that the principles of common law and equity governing wills, trusts, and the administration of estates are modified by this title or another provision of law, those principles remain the law of this state."

SECTION 1-2. Said title is further amended by revising Code Section 53-2-20, relating to jurisdiction of probate or superior court, as follows:
"53-2-20. The identity or interest of any heir may be resolved judicially upon application to the probate court that has jurisdiction by virtue of a pending administration or that would have jurisdiction in the event of an administration of the estate of the decedent. Alternatively, the petition may be filed in the superior court of the county where the probate court having jurisdiction, as defined in this Code section, is located; provided, however, that, if the petition is filed in connection with a contested proceeding to determine a purported heir's entitlement to a year's support from the decedent's estate pursuant to Chapter 3 of this title, such petition must be filed in the probate court having jurisdiction. The proceedings for the determination of such questions shall conform to the requirements set forth in this article."

SECTION 1-3. Said title is further amended by revising Code Section 53-2-27, relating to DNA testing for kinship, procedure, and costs, as follows:
"53-2-27. (a) When the kinship of any party in interest to a decedent is in controversy in any proceeding under this article, a probate court or superior court may order the removal and testing of deoxyribonucleic acid (DNA) samples from the remains of the decedent and from any party in interest whose kinship to the decedent is in controversy for purposes of comparison and determination of the statistical likelihood of such kinship. The court may order the disinterment of the decedent's remains if reasonably necessary to obtain such samples. (b) The order may be made only on motion for good cause shown and upon notice to all parties in interest and shall specify the time, place, manner, conditions, and scope of the

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removal and testing of samples, and the person or persons by whom it is to be made. Such motion, when made by a party in interest, shall be supported by affidavit setting forth:
(1) The factual basis for a reasonable belief that the party in interest whose kinship to the decedent is in controversy is or is not so related; and (2) If disinterment of the decedent's remains is sought, the factual basis for a reasonable belief that reliable DNA samples from the decedent are not otherwise reasonably available from any other source. (c) Upon request, the movant shall deliver to all parties in interest a copy of a detailed written report of the tester and of any other expert involved in the determination of such statistical likelihood setting out his or her findings, including the results of all tests made and conclusions or opinions based thereon. (d) The costs of obtaining and testing of such samples, including the costs of disinterment and reinterment of the remains of the decedent, if necessary, as well as the costs of providing the report, shall be assessed against and paid by the moving party."

SECTION 1-4. Said title is further amended by revising Code Section 53-3-1, relating to preference and entitlement, as follows:
"53-3-1. (a) As used in this chapter, the terms 'child' or 'children' mean any minor child who would be entitled to inherit if the child's parent died intestate. (b) Among the necessary expenses of administration and to be preferred before all other debts or demands, except as specifically provided otherwise in this chapter and notwithstanding any other provision of law to the contrary, is the provision of year's support for the family. (c) The surviving spouse and minor children of a testate or intestate decedent are entitled to year's support in the form of property for their support and maintenance for the period of 12 months from the date of the decedent's death."

SECTION 1-5. Said title is further amended by revising Code Section 53-3-4, relating to "homestead" defined and taxes and liens, as follows:
"53-3-4. (a) As used in this Code section, the term 'homestead' shall have the same meaning as set forth in Code Section 48-5-40.
(b)(1) In solvent and insolvent estates, all taxes and liens for taxes accrued for years prior to the year of the decedent's death against the homestead set apart and against any equity of redemption applicable to the homestead set apart shall be divested as if the entire title were included in the year's support. Additionally, as elected in the petition, property taxes accrued in the year of the decedent's death or in the year in which the petition for year's support is filed or, if the petition is filed in the year of the decedent's death, in the

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year following the filing of the petition shall be divested if the homestead is set apart for year's support; provided, however, that, if the property taxes elected in the petition pursuant to this paragraph are paid after the filing of the petition but prior to the entry of the order setting apart the homestead for year's support, the property taxes accrued in the year following the year elected in the petition shall be divested instead. (2) In solvent and insolvent estates, if the homestead is not claimed, all taxes and liens for taxes accrued for years prior to the year of the decedent's death against the real property set apart and against any equity of redemption applicable to the real property set apart shall be divested as if the entire title were included in the year's support. Additionally, as elected in the petition, property taxes accrued in the year of the decedent's death or in the year in which the petition for year's support is filed or, if the petition is filed in the year of the decedent's death, in the year following the filing of the petition shall be divested if the real property is set apart for year's support; provided, however, that, if the property taxes elected in the petition pursuant to this paragraph are paid after the filing of the petition but prior to the entry of the order setting apart the real property for year's support, the property taxes accrued in the year following the year elected in the petition shall be divested instead."

SECTION 1-6. Said title is further amended by revising Code Section 53-3-5, relating to filing of petition, as follows:
"53-3-5. (a) Upon the death of any individual leaving an estate solvent or insolvent, the surviving spouse or a guardian or other person acting in behalf of the surviving spouse or in behalf of a minor child may file a petition for year's support in the probate court having jurisdiction over the decedent's estate. If the petition is brought by a guardian acting on behalf of a minor child, no additional guardian ad litem shall be appointed for such minor child unless ordered by the court. (b) The petition shall set forth, as applicable, the full name of the surviving spouse, the full name and birthdate of each surviving minor child, and a schedule of the property, including household furniture, that the petitioner proposes to have set apart as year's support. The petition shall describe fully and accurately any real property the petitioner proposes to have set apart as year's support with a legal description sufficient under the laws of this state to pass title to the real property. (c) A petition for year's support shall be filed within 24 months of the date of death of the decedent."

SECTION 1-7. Said title is further amended by revising Code Section 53-3-6, relating to issuance of citation and publication of notice and mailing of petition to tax commissioner, as follows:

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"53-3-6. (a) As used in this Code section, the term 'interested persons' means the decedent's children, spouse, other heirs, beneficiaries, and creditors and any others having a property right in or claim against the estate of the decedent that may be affected by the year's support proceedings. (b) Upon the filing of the petition, the probate court shall issue a citation and publish a notice in the official newspaper of the county in which the petition is made once a week for four weeks, citing all interested persons to show cause by a date certain why the petition for year's support should not be granted.
(c)(1) If there is a personal representative of the decedent's estate, then, in addition to the issuance of citation and publication of notice required by subsection (b) of this Code section, the probate court shall cause a copy of the citation to be served upon the personal representative of the decedent's estate. The personal representative shall be served not fewer than 30 days prior to the date and time for objections to be filed shown in the citation. (2) If there is no personal representative of the decedent's estate, then, in addition to the issuance of citation and publication of notice required by subsection (b) of this Code section, the petitioner or the attorney for the petitioner shall file with the probate court an affidavit, upon oath, showing the name, last known address, and age if less than age 18 of each interested person and stating that the petitioner or the attorney for the petitioner has listed all known interested persons and has made reasonable inquiry to ascertain the names, last known addresses, and ages of all interested persons. The probate court shall serve by first-class mail a copy of the citation on each interested person shown on the affidavit not fewer than 30 days prior to the date and time for objections to be filed shown in the citation. (3) If the sole personal representative of the decedent's estate and the petitioner or the guardian of the petitioner are the same person, then paragraph (2) of this subsection shall govern as if the decedent's estate had no personal representative. (d) The probate court shall serve by first-class or interoffice mail, as applicable, a copy of the petition within five days of its filing on the tax commissioner or tax collector of any county in this state in which real property proposed to be set apart as year's support is located."

SECTION 1-8. Said title is further amended by revising Code Section 53-3-7, relating to hearing and determination, as follows:
"53-3-7. (a) If no objection is made after the publication of the notice, or, if made, is disallowed or withdrawn, the probate court shall enter an order setting apart as year's support the property applied for in the petition.

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(b) If objection is made, the probate court shall hear the petition and, upon the evidence submitted, shall determine the property to be set apart as year's support according to the standards set out in subsection (c) of this Code section. If an appeal is taken, pending the appeal the petitioners shall be furnished with necessaries by the personal representative or temporary administrator of the estate, as allowed by the probate court. (c) If objection is made to the amount or nature of the property proposed to be set apart as year's support, the court shall set apart an amount sufficient to maintain the standard of living that the surviving spouse and each minor child had prior to the death of the decedent, taking into consideration the following:
(1) The support available to the individual for whom the property is to be set apart from sources other than year's support, including but not limited to the principal of any separate estate and the income and earning capacity of that individual; (2) The solvency of the estate; provided, however, that, if the decedent dies having a deposit in a financial institution that is applied to the payment of the funeral expenses and expenses of the last illness of the decedent under subsection (c) of Code Section 7-1-239, any effect such payment may have on the solvency of the estate shall not operate adversely to the surviving spouse or any minor child in the determination of the amount to be set apart as year's support; and (3) Such other relevant criteria as the court deems equitable and proper. The petitioner for year's support shall have the burden of proof in showing the amount necessary for year's support."

SECTION 1-9. Said title is further amended by revising Code Section 53-3-8, relating to minor children by different spouses, as follows:
"53-3-8. (a) If the decedent leaves a minor child or minor children by an individual or individuals other than the surviving spouse, the probate court shall specify the portion going to the minor child or minor children of such individual or individuals, and the portion so specified shall vest in that child or those children. (b) If the decedent leaves one or more minor children and the surviving spouse is the parent of all such minor children, the probate court may in its discretion specify separate portions for such minor children and the surviving spouse if the court deems the award of separate portions to be in the best interests of the parties, and the portions so specified shall vest separately in the surviving spouse and such minor children. (c) If the decedent leaves one or more minor children for whom the probate court specifies separate portions under subsection (a) or (b) of this Code section, personal property in the portions so specified shall be delivered and received in compliance with Code Section 29-3-1."

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SECTION 1-10. Said title is further amended by revising Code Section 53-3-12, relating to fees, as follows:
"53-3-12. (a) The fees of the probate court shall be paid by the petitioner for year's support out of the fund set apart for such petitioner or for the surviving spouse or a minor child in whose behalf the petitioner acted pursuant to subsection (a) of Code Section 53-3-5. (b) The probate court may issue a writ of fieri facias against the personal representative or temporary administrator of the estate for the amount awarded as provided in subsection (a) of this Code section. (c) The issuance by the probate court of a writ of fieri facias against the temporary administrator of the estate as provided in subsection (b) of this Code section shall be deemed a proper order under Code Section 53-7-4 for the payment by the temporary administrator of the amount awarded as provided in subsection (a) of this Code section."

SECTION 1-11. Said title is further amended by revising Code Section 53-3-13, relating to sale or conveyance of property by personal representative prior to award, as follows:
"53-3-13. The right of a surviving spouse or minor child to year's support from the estate of a decedent shall be barred by a sale or conveyance made prior to the award of year's support by the personal representative or temporary administrator of the estate under authority of a court of competent jurisdiction or under power in a will; provided, however, that the sale or conveyance shall bar year's support and rights to year's support only as to the property sold or conveyed."

SECTION 1-12. Said title is further amended by adding a new Code section to read as follows:
"53-3-21. If there is no personal representative of the decedent's estate, the probate court may appoint a temporary administrator as provided in Code Section 53-6-30 to perform the duties of a personal representative under subsection (b) of Code Section 53-3-7 or under subsection (b) of Code Section 53-3-12; provided, however, that the appointment of such temporary administrator shall not alter or affect the citation, notice, and mailing requirements of Code Section 53-3-6."

SECTION 1-13. Said title is further amended in Article 1 of Chapter 4, relating to general provisions regarding wills, by adding two new Code sections to read as follows:

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"53-4-4. (a) Any writing in existence when a will is executed may be incorporated into the will by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification. (b) This Code section shall not be construed to imply that the common law does not permit the incorporation of an extrinsic document into a will by reference in the manner authorized under subsection (a) of this Code section.

53-4-5. (a) A written statement or list meeting the requirements of subsection (b) of this Code section shall dispose of items of tangible personal property, other than money, not otherwise specifically disposed of by the testator's will. If more than one otherwise effective writing exists, then, to the extent of any conflict among the writings, the provisions of a more recent writing revoke the inconsistent provisions of each prior writing. (b) A written statement or list meets the requirements of this subsection if such writing:
(1) Is signed and dated by the testator; (2) Describes the items and the beneficiaries with reasonable certainty; and (3) Is referred to in the testator's will. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation, provided that it is signed and dated on the date of such alteration; and it may be a writing that has no significance apart from its effect on the dispositions made by the will."

SECTION 1-14. Said title is further amended by revising Code Section 53-4-63, relating to payment of debts of testator, as follows:
"53-4-63. (a) Unless otherwise directed, the debts of the testator and expenses of administration of the estate shall be paid out of the residuum. Unless otherwise provided in the will, a residuary gift or any part thereof, including a residuary gift to a surviving spouse in lieu of year's support, shall be deemed a gift of the net residuum or part thereof remaining after all debts of the testator and expenses of administration of the estate, including taxes, have been paid. (b) If the residuum proves to be insufficient for the payment of the debts of the testator and the expenses of administration of the estate, then general testamentary gifts shall abate pro rata to make up the deficiency. If general testamentary gifts are insufficient, then demonstrative testamentary gifts shall abate in the same manner. If both general and demonstrative gifts are insufficient, then specific gifts shall abate in the same manner.

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(c) After the estate assets in the hands of the personal representative are exhausted, a creditor may proceed against each beneficiary for that beneficiary's pro rata share of the debts to the extent a testamentary gift has been distributed to that beneficiary. (d) Realty and personalty shall be equally liable for the payment of debts. (e) Unless otherwise expressly directed in the will, nothing in this Code section shall be deemed to limit any rights to reimbursement for federal estate taxes, generation-skipping transfer taxes, or any other taxes that may be available to personal representatives under federal law."

SECTION 1-15. Said title is further amended by revising Code Section 53-4-68, relating to conditions that are impossible, illegal, or against public policy, and conditions in terrorem, as follows:
"53-4-68. (a) Conditions in a will that are impossible, illegal, or against public policy shall be void. (b) A condition in terrorem shall be void unless there is a direction in the will as to the disposition of the property if the condition in terrorem is violated, in which event the direction in the will shall be carried out, except as otherwise provided in subsection (c) of this Code section. (c) A condition in terrorem shall not be enforceable against an interested person for:
(1) Bringing an action for interpretation or enforcement of a will; (2) Bringing an action for an accounting, for removal, or for other relief against a personal representative; or (3) Entering into a settlement agreement."

SECTION 1-16. Said title is further amended by repealing Code Section 53-4-75, relating to construction of wills and trust instruments referring to federal estate and generation-skipping transfer tax laws, in its entirety.

SECTION 1-17. Said title is further amended by revising Code Section 53-5-2, relating to right to offer will for probate and "interested person" defined, as follows:
"53-5-2. (a) As used in this Code section, the term 'interested person' shall include, but shall not necessarily be limited to, any heir of the decedent; legatee, devisee, or beneficiary under the will; creditor of the decedent; purchaser from an heir of the decedent; administrator or temporary administrator appointed for the estate of the decedent prior to the discovery of the will; trustee or beneficiary of a testamentary trust established by the will or of a trust to which the will makes a devise or bequest; and individual making a claim under, or having standing to caveat to the probate of, an earlier will. An agent, conservator,

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guardian, guardian ad litem, or other fiduciary or appropriate representative of such an interested person may act on such interested person's behalf. (b) 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. "

SECTION 1-18. Said title is further amended by revising Code Section 53-5-3, relating to time limitation, as follows:
"53-5-3. (a) As used in this Code section, the term 'will' includes a codicil. (b) A will shall not be offered for probate following the expiration of five years from the earlier of:
(1) The latest date on which a petition is filed for the appointment of a personal representative of the decedent's estate, an order that no administration is necessary on the decedent's estate, or the probate of a different will; or (2) The date of entry of a final order granting any petition of the sort described in paragraph (1) of this subsection that remains in continuing force and effect . (c) The offering of a will for probate following the entry of an order of the sort described in paragraph (2) of subsection (b) of this Code section shall constitute a claim against a decedent's estate that arose before the death of the decedent for purposes of Code Section 9-3-36."

SECTION 1-19. Said title is further amended by revising Code Section 53-5-17, relating to procedure, as follows:
"53-5-17. (a) A will may be proved in common form upon the testimony of a single subscribing witness and without service or notice to anyone. If the will is self-proved, compliance with signature requirements for execution is presumed and other requirements for execution are presumed without the testimony of any subscribing witness. (b) The petition to probate a will in common form shall set forth the same information required in a petition to probate a will in solemn form. The petition shall conclude with a prayer for the issuance of letters testamentary."

SECTION 1-20. Said title is further amended by revising Code Section 53-5-19, relating to when conclusive upon parties in interest, as follows:

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"53-5-19. Probate in common form shall become conclusive upon all parties in interest four years from the date the order admitting such will to probate in common form is entered by the court in such proceeding, except upon minor heirs who require proof in solemn form and interpose a caveat within four years after reaching the age of majority. In such case, if the will is refused probate in solemn form and no prior will is admitted to probate, an intestacy shall be declared only as to the minor or minors and not as to others whose right to caveat is barred by the lapse of time."

SECTION 1-21. Said title is further amended by revising Code Section 53-5-20, relating to conclusiveness, as follows:
"53-5-20. (a) Probate in solemn form is conclusive upon all persons served with notice, including persons waiving service of notice or served with notice through a guardian ad litem or other appropriate representative, and upon all beneficiaries under the will who are represented by the personal representative. (b) As to heirs and other persons required to be served with notice by Code Section 53-5-22 who are not effectively served with notice in a manner adequate to satisfy subsection (a) of this Code section, a proceeding to probate in solemn form shall otherwise be as conclusive as if probate had been in common form. (c) Except as otherwise provided in subsections (a) and (b) of this Code section, a proceeding to probate in solemn form is conclusive against all persons, regardless of service or notice, six months from the date the order admitting such will to probate in solemn form is entered by the court in such proceeding."

SECTION 1-22. Said title is further amended by revising Code Section 53-5-21, relating to procedure, as follows:
"53-5-21. (a) A will may be proved in solemn form after service of notice upon the persons required to be served, upon the testimony of all the witnesses in life and within the jurisdiction of the court, or by proof of their signatures and that of the testator as provided in Code Section 53-5-23; provided, however, that the testimony of only one witness shall be required to prove the will in solemn form if no caveat is filed. If a will is self-proved, compliance with signature requirements and other requirements of execution is presumed subject to rebuttal without the necessity of the testimony of any witness upon filing the will and affidavit annexed or attached thereto. (b) The petition to probate a will in solemn form shall set forth the full name, the place of domicile, and the date of death of the testator; the mailing address of the petitioner; the names, ages or majority status, and addresses of all the heirs, stating each such heir's

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relationship to the testator; and whether, to the knowledge of the petitioner, any other proceedings with respect to the probate of another purported will of the testator are pending in this state and, if so, the names and addresses of the propounders and the names, addresses, and ages or majority status of the beneficiaries under the other purported will. If a testamentary guardian is being appointed in accordance with subsection (b) of Code Section 29-2-4, the names and mailing addresses of any persons required to be served with notice pursuant to such Code section shall be provided by the petitioner. In the event full particulars are lacking, the petition shall state the reasons for any omission. The petition shall conclude with a prayer for issuance of letters testamentary. If all of the heirs acknowledge service of the petition and notice and shall in their acknowledgment assent thereto, and if there are no other proceedings pending in this state with respect to the probate of another purported will of the decedent, the will may be probated and letters testamentary thereupon may issue without further delay; provided, however, that letters of guardianship shall only be issued in accordance with Code Section 29-2-4."

SECTION 1-23. Said title is further amended by revising Code Section 53-5-22, relating to notice, as follows:
"53-5-22. (a) Probate in solemn form requires service of notice on all the heirs of the testator and, if there is any other purported will of the testator for which probate proceedings are pending in this state, on all the beneficiaries under and propounders of such purported will. Service of notice of a petition for probate in solemn form shall be by personal service if the party resides in this state and is known and shall be served at least 30 days before probate is to be made, except that, if such service of notice is waived, the 30 day provision shall not apply. (b) For purposes of serving notice on beneficiaries under a purported will for which probate proceedings are pending in this state, notice shall be served on:
(1) Each beneficiary: (A) Who has a present interest, including but not limited to a vested remainder interest but not including trust beneficiaries where there is a trustee; and (B) Whose identity and whereabouts are known or may be determined by reasonable diligence;
(2) The duly acting conservator or guardian of each individual beneficiary with a present interest or power, other than a mere trust beneficiary, who is not sui juris; and (3) Each trustee. Service of notice shall not be required in the case of a person whose interest, even though vested, cannot be possessed until the passage of time or the happening of a contingency. The probate court may, on the motion of any party in interest or on its own motion, modify the service of notice required in the case of numerous beneficiaries of the same or similar class where the value of each testamentary gift is, or appears to be, nominal. Upon the motion of any party in interest or upon its own motion, the court may determine whether

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the interest of any beneficiary required to be served with notice under this subsection is adequately represented, including any contingent interest of a beneficiary, and if such representation is found to be inadequate, the court may appoint a guardian ad litem to represent each beneficiary or order such other service of notice as may be appropriate to a beneficiary of a contingent interest. If a trustee named in the will indicates a refusal to represent the beneficiaries of the testamentary trust, the court may order that notice be served directly on the beneficiaries of the trust. The provisions of Code Section 53-12-8 shall be applicable to a trust beneficiary required to be served with notice or represented under this subsection. (c) Service of a notice of petition for probate in solemn form shall be in accordance with the provisions of Chapter 11 of this title and, if made personally or by mail, shall include a copy of the petition and of the will for which probate is sought. If service is to be made by publication, the published notice shall set forth the court, the time the order for service by publication was granted, the name of the decedent, the fact that a petition has been filed seeking the probate of the will of the decedent in solemn form, and the name of the petitioner who seeks letters testamentary or the continuance in force of any letters testamentary previously granted. The notice shall command all parties to whom it is directed to file objection, if there is any."

SECTION 1-24. Said title is further amended by revising Code Section 53-5-25, relating to settlement agreement, as follows:
"53-5-25. (a) As used in this Code section, the term:
(1) 'Court' means a probate court or any superior court on appeal or transfer from a probate court. (2) 'Interested persons' means all persons whose interests would be affected by the approval of a settlement agreement in the manner provided in this Code section. (b) The court may approve a settlement agreement under which probate is granted or denied or providing for a disposition of the property contrary to the terms of the will, if all interested persons consent and any duly qualified personal representative or temporary administrator is served with notice of the petition to approve such settlement agreement. (c) A proceeding to approve a settlement agreement under this Code section may be commenced by an interested person or by any duly qualified personal representative or temporary administrator. Service of notice of a petition to approve a settlement agreement under this Code section shall be made in the manner provided by Chapter 11 of this title to all the interested persons, any duly qualified personal representative or temporary administrator, and such other persons as the court may direct. (d) Approval of any settlement agreement that provides for the probate of the will, the sustaining of the caveat, or the disposition of the property contrary to the terms of the will shall be after such additional service of notice and such hearing as the court may direct in

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the exercise of its sound discretion. At any such hearing, the court may require or receive such evidence as the court may deem appropriate and may determine whether there is a bona fide contest or controversy. (e) All interested persons who are sui juris shall be authorized to enter into a settlement agreement, which shall be assented to in writing by all such interested persons. (f) All interested persons who are not sui juris or who are unborn or unknown shall be represented in such proceedings by an independent guardian ad litem. It shall be the duty of the guardian ad litem to investigate the proposed settlement and report to the court such guardian's findings and recommendations. The court shall take the recommendations into consideration but shall not be bound by such recommendations; provided, however, that, for purposes of subsection (b) of this Code section, the guardian ad litem's recommendation that the court approve the settlement agreement shall constitute consent to the settlement agreement by the guardian ad litem on behalf of all interested persons represented by such guardian. (g) If a trust designated in the will to take an interest in real or personal property would have such interest affected by the settlement agreement:
(1) The provisions of such agreement affecting such interest shall satisfy the requirements of Code Section 53-12-9 in order to be binding on the trust, the trustee, any trust director, and the trust beneficiaries; and (2) A probate court not subject to Article 6 of Chapter 9 of Title 15, upon its own motion or upon the motion of any interested person or duly qualified personal representative or temporary administrator, shall enter an order transferring the proceeding to approve the settlement agreement to the superior court to which an appeal would lie under Code Section 5-3-2. (h) A judgment entered by the court approving the settlement agreement shall be conclusive in the same manner as probate in solemn form, as provided by Code Section 53-5-20. (i) Entering into or petitioning a court regarding a settlement agreement under this Code section shall not constitute a violation of a condition in terrorem under Code Section 53-4-68."

SECTION 1-25. Said title is further amended in Article 4 of Chapter 5, relating to witnesses, settlement agreement, and expenses, by adding a new Code section to read as follows:
"53-5-27. (a)(1) As used in this Code section, the term 'court' means a probate court or superior court on appeal or transfer from a probate court. (2) Except as provided in subsection (b) of this Code section, the personal representative nominated in the will or duly qualified so to serve and all persons whose interests would be affected may enter into a binding nonjudicial settlement agreement with respect to any matter involving a will.

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(b) A nonjudicial settlement agreement shall be valid only to the extent it does not violate a material intention of the testator under Article 6 of Chapter 4 of this title and includes terms and conditions that properly could be approved by the court under Code Section 53-5-25 or other applicable law. (c) A nonjudicial settlement agreement entered into in accordance with this Code section shall be final and binding on all parties to such agreement, including individuals not sui juris, unborn individuals, and persons unknown who are represented by a guardian who may represent and bind such parties under Code Section 53-5-25 or 53-11-2, as if ordered by a court with competent jurisdiction over the will, the estate of the decedent, and the parties. (d) Any person bound by a nonjudicial settlement agreement under subsection (c) of this Code section may request that the court approve such agreement, determine whether the representation provided under Code Section 53-5-25 or 53-11-2 was adequate, determine whether such agreement violates a material intention of the testator under Article 6 of Chapter 4 of this title, determine whether such agreement contains terms and conditions the court properly could have approved, or make any other similar determination. (e) If a trust designated in the will to take an interest in real or personal property would have such interest affected by the nonjudicial settlement agreement:
(1) The provisions of such agreement affecting such interest shall satisfy the requirements of Code Section 53-12-9 in order to be binding on the trust, the trustee, any trust director, and the trust beneficiaries; and (2) A probate court not subject to Article 6 of Chapter 9 of Title 15, upon the request of any person bound by a nonjudicial settlement agreement that the court determine whether such agreement contains terms and conditions the court properly could have approved, shall enter an order transferring the proceeding to the superior court to which an appeal would lie under Code Section 5-3-2 for the determination of all questions under subsection (d) of this Code section. (f) Entering into or petitioning a court regarding a nonjudicial settlement agreement under this Code section shall not constitute a violation of a condition in terrorem under Code Section 53-4-68."

SECTION 1-26. Said title is further amended by revising Code Section 53-5-50, relating to original jurisdiction, as follows:
"53-5-50. (a) The probate court shall have original jurisdiction over any petition to vacate, set aside, or amend its order admitting a will to probate. (b) A petition under subsection (a) of this Code section may be brought in the probate court to vacate, set aside, or amend its order admitting a will to probate based upon:
(1) Another will being entitled to be admitted to probate; (2) A codicil to the probated will being entitled to be admitted to probate;

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(3) Lack of jurisdiction; (4) Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the petitioner; or (5) A nonamendable defect that appears upon the face of the record or pleadings. (c)(1) Any such petition based upon paragraph (1) of subsection (b) of this Code section shall be combined with a petition to probate the other will in solemn form. (2) Any such petition based upon paragraph (2) of subsection (b) of this Code section shall be combined with a petition to probate the codicil in solemn form. (3) In any such petition based upon paragraph (1) or (2) of subsection (b) of this Code section, the court shall consider the petition to probate in solemn form together with the petition to vacate, set aside, or amend; and the court shall grant relief as is appropriate with respect to each matter. (d) In any such petition based upon paragraph (5) of subsection (b) of this Code section, it is not sufficient that the pleadings fail to state a claim upon which relief can be granted, but the pleadings must affirmatively show no claim in fact existed."

SECTION 1-27. Said title is further amended by revising Code Section 53-5-51, relating to contents of petition, service of notice, and issuance of relief, as follows:
"53-5-51. (a) A petition made pursuant to Code Section 53-5-50 shall set forth the allegations on which such petition is based and the name and address of the then acting personal representative, if any, of the estate, or, if none, the beneficiaries of the previously probated will required to be served by Code Section 53-5-22. Such petition shall conclude with a prayer for the issuance of an order vacating, setting aside, or amending the earlier probate and, if such petition is based upon paragraph (1) or (2) of subsection (b) of Code Section 53-5-50, for the probate of the newly propounded will or codicil in solemn form and for the issuance of new letters testamentary. (b) The beneficiaries under the previously probated will shall be represented in the action by the then acting personal representative, if any; and service of notice upon the personal representative in the same manner as provided for by law under Chapter 11 of this title shall be the equivalent of service of notice upon the beneficiaries. (c) If there is no then acting personal representative, such petition and the citation issued thereon shall be served upon the beneficiaries who are required to be served by Code Section 53-5-22 of the previously probated will, in the same manner as upon the heirs, unless all such parties assent to such petition. (d) If the then acting personal representative acknowledges service of such petition and notice and assents to the relief in the acknowledgment of service of such petition and notice, the relief prayed for in such petition may issue without delay. In the event there is no then acting personal representative, if all the beneficiaries acknowledge service of such

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petition and notice and assent in their acknowledgments, such relief may issue without delay."

SECTION 1-28. Said title is further amended in Article 6 of Chapter 5, relating to jurisdiction, by adding two new Code sections to read as follows:
"53-5-52. (a) A petition based upon paragraph (1) or (2) of subsection (b) of Code Section 53-5-50 shall be brought before:
(1) The probate of the previously probated will becomes conclusive upon the petitioner under Code Section 53-5-19 or 53-5-20; and (2) The expiration of the time within which the newly propounded will must be offered for probate under Code Section 53-5-3. (b) A petition based upon paragraph (3) of subsection (b) of Code Section 53-5-50 may be brought at any time. (c) In all other instances, a petition made pursuant to this article shall be brought within three years from entry of the order admitting a will to probate. (d) The filing of a petition made pursuant to this article shall constitute a claim against a decedent's estate that arose before the death of the decedent for purposes of Code Section 9-3-36.

53-5-53. The provisions of this article shall govern in proceedings in the probate court to vacate, set aside, or amend an order admitting a will to probate, and the provisions of Code Section 9-11-60 shall not be applicable to such proceedings."

SECTION 1-29. Said title is further amended by revising Code Section 53-6-14, relating to selection by beneficiaries, as follows:
"53-6-14. (a) For purposes of this Code section, a beneficiary who is capable of expressing a choice is one:
(1) Who has a present interest, including but not limited to a vested remainder interest but not including trust beneficiaries where there is a trustee; and (2) Whose identity and whereabouts are known or may be determined by reasonable diligence. (b) An administrator with the will annexed may be unanimously selected by the beneficiaries of the will who are capable of expressing a choice unless the sole beneficiary is the decedent's surviving spouse and an action for divorce or separate maintenance was pending between the decedent and the surviving spouse at the time of death. When no such

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unanimous selection is made, the probate court shall make the appointment that will best serve the interests of the estate, considering the following preferences:
(1) Any beneficiary or the trustee of any trust that is a beneficiary under the will; or (2) Those persons listed in paragraphs (3) through (5) of Code Section 53-6-20. (c) For purposes of this Code section, a beneficiary's choice is expressed by: (1) That beneficiary, if the beneficiary is sui juris; (2) That beneficiary's duly acting conservator or guardian or, if there is no conservator or guardian, the person having custody of the beneficiary, if the beneficiary is not sui juris; (3) The trustee of a trust that is a beneficiary under the will, where there is a trustee; (4) The beneficiary of a trust that is a beneficiary under the will, where there is no trustee; provided, however, that for purposes of this paragraph, a trust beneficiary may be represented as provided in Code Section 53-12-8; or (5) The personal representative of a deceased beneficiary receiving a present interest under the will."

SECTION 1-30. Said title is further amended by revising Code Section 53-6-15, relating to petition for letters of administration with will annexed, as follows:
"53-6-15. (a) Every petition for letters of administration with the will annexed shall be made in accordance with the procedures set forth in Code Section 53-5-21 if the will has not yet been admitted to probate and shall include a prayer for issuance of letters of administration with the will annexed. Such petition shall set forth the names, addresses, and ages or majority status of the beneficiaries who are capable of expressing a choice, as defined in subsection (a) of Code Section 53-6-14, and the circumstances giving rise to the need for an administrator with the will annexed. Such petition and the citation issued thereon shall be served by the court on the beneficiaries of the will who are capable of expressing a choice in the manner provided by Chapter 11 of this title. If the petition for letters of administration with the will annexed is based upon the expiration of a reasonable time for any nominated executor to qualify, any nominated executor who has failed to qualify shall also be served with notice by the court in the manner provided by Chapter 11 of this title. (b) If the will has been admitted to probate, the petition for letters of administration with the will annexed shall set forth the names, addresses, and ages or majority status of the beneficiaries who are capable of expressing a choice, as described in subsection (a) of Code Section 53-6-14, the date on which the will was admitted to probate, and the circumstances giving rise to the need for an administrator with the will annexed. Such petition and the citation issued thereon shall be served by the court on the beneficiaries of the will and the personal representative, if any, of the estate of any deceased executor whose death created the vacancy in the manner provided by Chapter 11 of this title.

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(c) In the case of an estate partially administered and unrepresented because of the death of the previous executor, the judge shall determine whether the interest of the first estate and the persons interested in the first estate will best be served by the appointment of an administrator with the will annexed or of the executor, if any, appointed under the will of the deceased previous executor."

SECTION 1-31. Said title is further amended by revising Code Section 53-6-22, relating to notice, as follows:
"53-6-22. Notice of the petition for letters of administration shall be served by the court by first-class mail on each heir with a known address at least 30 days prior to the date on or before which any objection is required to be filed. If there is any heir whose current address is unknown or any heir who is unknown, notice shall be served on any such heir by being published in the official newspaper of the county in which the petition is made once each week for four weeks prior to the week that includes the date on or before which any objection must be filed."

SECTION 1-32. Said title is further amended by revising Code Section 53-6-30, relating to power of court, appointment of administrator, and appeal, as follows:
"53-6-30. (a) The probate court may at any time and without service or notice to anyone grant temporary letters of administration on an unrepresented estate to continue in full force and effect until the temporary administrator is discharged or a personal representative is appointed. (b) The probate court may appoint such person as temporary administrator as the court determines to be in the best interests of the estate. Pending an issue of devisavit vel non upon any paper propounded as a will that has not been admitted to probate in common form, the executor nominated in the purported will shall have preference in the appointment of a temporary administrator. (c) There shall be no appeal from an order granting temporary letters of administration, either to the superior court under subsection (a) of Code Section 5-3-2 or to the Supreme Court or the Court of Appeals under subsection (a) of Code Section 15-9-123."

SECTION 1-33. Said title is further amended by revising Code Section 53-6-31, relating to power of administrator, as follows:
"53-6-31. (a) A temporary administrator may bring an action for the collection of debts or for personal property of the decedent. If a personal representative is appointed pending such

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action, the personal representative may be substituted for the temporary administrator as a party in the manner provided by Article 4 of Chapter 11 of Title 9. (b) A temporary administrator may bring, support, or oppose an action to approve a settlement agreement under Code Section 53-5-25. If a personal representative is appointed pending such action, the personal representative may be substituted for the temporary administrator as a party in the manner provided by Article 4 of Chapter 11 of Title 9. (c) A temporary administrator shall have the power to collect and preserve the assets of the estate and to expend funds for this purpose if approved by the judge of the probate court after such notice as the judge deems necessary; provided, however, that nothing in this subsection shall limit or reduce the notice requirements imposed by Code Sections 53-6-64 and 53-7-4. (d) A temporary administrator appointed pursuant to Code Section 53-3-21 shall have the power to perform the duties of a personal representative under subsection (b) of Code Section 53-3-7 or under subsection (b) of Code Section 53-3-12, as ordered by the judge of the probate court."

SECTION 1-34. Said title is further amended in Article 4 of Chapter 6, relating to temporary administration, by adding a new Code section to read as follows:
"53-6-32. (a) Every temporary administrator, upon qualification (which qualification may be done at any time), shall take and subscribe an oath or affirmation in substantially the following form:
'I do solemnly swear (or affirm) that_______________, deceased, died (testate) (intestate) and with an estate that is currently unrepresented, so far as I know or believe, and that I will well and truly administer on all the estate of the Deceased and discharge to the best of my ability all my duties as Temporary Administrator. So help me God.' (b) The oath or affirmation of a temporary administrator as provided in subsection (a) of this Code section may be subscribed before the judge or clerk of any probate court of this state. The probate court appointing the temporary administrator shall have the authority to grant a commission to a judge or clerk of any court of record of any state to administer the oath or affirmation."

SECTION 1-35. Said title is further amended by revising Code Section 53-6-62, relating to extra compensation, as follows:
"53-6-62. (a) A personal representative may petition the probate court for compensation that is greater than that allowed under Code Section 53-6-60. Service of notice of the petition for extra compensation shall be made on all the heirs of an intestate decedent or on any

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affected beneficiaries under the will of a testate decedent. Service of notice shall be made in the manner provided by Chapter 11 of this title and shall direct the parties served to file any written objections to the extra compensation with the probate court within 30 days. (b) After hearing any objection filed by the heirs or beneficiaries of the estate, the probate court shall allow such extra compensation as the court deems reasonable; provided, however, that if no such objection is filed or any such objection is dismissed or withdrawn, the court, in its discretion, may enter an order allowing such extra compensation as the court deems reasonable without a hearing. The allowance of extra compensation shall be conclusive as to all parties in interest. (c) If the amount of compensation that is specified in a testator's will is less than the amount allowed under Code Section 53-6-60, the personal representative may petition for greater compensation in the manner provided in subsection (a) of this Code section."

SECTION 1-36. Said title is further amended by revising Code Section 53-7-1, relating to general powers and duties of personal representative and additional powers, as follows:
"53-7-1. (a) The duties and powers of the personal representative commence upon qualification. Such powers relate back to give acts performed by the personal representative prior to qualification that are beneficial to the estate the same effect as those acts performed after qualification. The personal representative may ratify and accept on behalf of the estate acts that are done by others that would have been proper acts for the personal representative. A personal representative is a fiduciary who, in addition to the specific duties imposed by law, is under a general duty to settle the estate as expeditiously and with as little sacrifice of value as is reasonable under all of the circumstances. The personal representative shall use the authority and powers conferred by law, by the terms of any will under which the personal representative is acting, by any order of court in proceedings to which the personal representative is a party, and by the rules generally applicable to fiduciaries to act in the best interests of all persons who are interested in the estate and with due regard for their respective rights.
(b)(1) As part of the petition for letters testamentary, letters of administration with the will annexed, or letters of administration or by separate petition, the beneficiaries of a testate estate or the heirs of an intestate estate may, by unanimous consent, authorize but not require the probate court to grant to the personal representative any of the powers contained in Code Section 53-12-261; provided, however, that the grant by the probate court of the powers provided by paragraph (1) of subsection (b) of Code Section 53-12-261 shall not authorize the personal representative to bind the estate by any warranty in any conveyance or contract in violation of subsection (a) of Code Section 53-8-14. (2) With respect to any beneficiary of a testate estate or heir of an intestate estate who is not sui juris, the consent required by paragraph (1) of this subsection may be given by

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such beneficiary's or heir's duly acting conservator or guardian. The personal representative of a deceased beneficiary or heir shall be authorized to consent on behalf of such deceased beneficiary or heir. (3) The grant of powers provided for in paragraph (1) of this subsection shall be ordered only after publication of a citation in the official newspaper of the county in which the petition is made and only after the time for filing objections has elapsed either without any objection being timely filed, or if any such objection is timely filed, upon each such objection being dismissed or withdrawn. The citation shall be sufficient if it states generally that the petition requests that powers contained in Code Section 53-12-261 be granted."

SECTION 1-37. Said title is further amended by revising Code Section 53-7-5, relating to powers, duties, and liabilities if more than one personal representative and safe deposit boxes or receptacles, as follows:
"53-7-5. (a) If more than one personal representative is qualified and unless the will provides otherwise:
(1) The personal representatives must act by their unanimous action; provided, however, that while a personal representative is unable to act because of inaccessibility, illness, or other incapacity, or when a vacancy occurs for any other reason, the remaining personal representatives may act as if they were the only personal representatives if necessary to administer the estate; and (2) The personal representatives may delegate in writing to one or more of them the authority to act for all of them; provided, however, that such delegation must satisfy the requirements of Code Sections 10-6B-5 and 10-6B-40, and that all the personal representatives remain liable for the actions of the personal representative who is authorized to act. (b) If more than one personal representative is qualified and unless the will provides otherwise, a personal representative is liable for a breach committed by another personal representative: (1) By participating in a breach of fiduciary duty committed by the other personal representative; (2) By approving, knowingly acquiescing in, or concealing a breach of fiduciary duty committed by the other personal representative; (3) By negligently enabling the other personal representative to commit a breach of fiduciary duty; or (4) By neglecting to take reasonable steps to compel the other personal representative to redress a breach of fiduciary duty in a case where the personal representative knows or reasonably should have known of the breach of trust.

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(c) When safe-deposit boxes or receptacles are leased or rented to fiduciaries, including executors, administrators, guardians, trustees, custodians, receivers, and the like, the fiduciary or fiduciaries, as lessee or renter, may authorize the entering of the box or receptacle by one or fewer than all of them or by any other person without the presence or consent of the fiduciary or fiduciaries. Upon receipt of the written authorization, the bank or lessor may without liability authorize access to the box or receptacle in accordance with such authorization. Upon cancellation of the authorization, the bank or lessor may require the presence of all lessees or renters for access."

SECTION 1-38. Said title is further amended by revising Code Section 53-7-6, relating to power to borrow money, make and fulfill contracts, provide legal counsel, continue decedent's business, and perform other acts, as follows:
"53-7-6. (a) Except as otherwise provided in the will or ordered by the probate court, a personal representative is authorized:
(1) To borrow money and to bind the estate by the execution of a promissory note for money borrowed and to pledge any or all the property of the estate for the payment of such a promissory note by mortgage, trust deed, deed to secure debt, or other security instrument, for the purpose of paying any gift, estate, inheritance, income, sales, or ad valorem taxes due the United States, the state, or any municipality or county of the state that constitute a claim or demand against the estate; provided, however, that a personal representative who desires to borrow money shall file a petition with the probate court, setting forth the facts and specifying the amount to be borrowed, the purpose for which the same shall be used, the rate of interest to be paid, the property to be pledged as security and the period of time over which the loan is to be repaid and, upon service of notice of the petition, an order granting leave to borrow the money and encumber the estate shall be entered and such order shall be binding, final, and conclusive as to all interested parties; (2) To make contracts for labor or service for the benefit of the estate upon such terms as the personal representative deems best and all such contracts made in good faith shall be a charge upon and bind the estate whenever such contracts are approved by the probate court after service of notice; (3) To fulfill, as far as possible, the executory contracts and comply with the executed contracts of the decedent, including contracts for the sale of land or bonds to make title to land, and shall have a corresponding right to demand the same of parties contracted with; provided, however, that if the personal skill of the decedent entered into the consideration of the contract and the decedent's death renders execution impossible, the contract, though entire, shall be considered divisible and closed at the decedent's death and any partial execution by the decedent shall authorize and require a corresponding compliance by the other contracting party;

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(4) To provide competent legal counsel for the estate according to the needs of the estate and, in such cases, either the personal representative or the attorney employed may, by petition to the probate court and citation served on the other, obtain a judgment fixing the attorney's fees and expenses; (5) To continue the business of the decedent for the 12 months following qualification of the personal representative, after which the personal representative may petition for permission to continue the business under such terms and conditions as the probate court may specify after service of notice; and (6) To petition the probate court for permission to perform such other acts as may be in the best interests of the estate after service of notice. (b) Service of notice of any petition to the probate court under subsection (a) of this Code section shall be made in the manner provided by Chapter 11 of this title. The probate court, in its discretion, may, but shall not be required to, conduct a hearing on any such petition."

SECTION 1-39. Said title is further amended by revising Code Section 53-7-8, relating to support and education of minor heirs and beneficiaries without guardians, as follows:
"53-7-8. Whenever a personal representative has paid all the debts of the decedent and all claims against the estate, and property due minor heirs or beneficiaries for whom no one applies to be conservator is left in the personal representative's hands, the personal representative may, under the direction of the probate court, apply so much of the minor's share of the decedent's estate as may be necessary for support and education as conservators are allowed by law to do."

SECTION 1-40. Said title is further amended by revising Code Section 53-7-11, relating to allowable defenses and action originating in lifetime of decedent, as follows:
"53-7-11. When the cause of action originated in the lifetime of the decedent, a personal representative may make any defense or pleading that the decedent could have made if alive."

SECTION 1-41. Said title is further amended by revising Code Section 53-7-13, relating to service of process, as follows:
"53-7-13. (a) In any action or proceeding brought pursuant to this article, service of any notice, writ, or process shall be made in the manner provided by Chapter 11 of this title if Chapter 11 of this title is applicable under Code Section 53-11-1. If Chapter 11 of this title is not applicable to such action or proceeding under Code Section 53-11-1, such service shall be

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made in the manner provided by Chapter 11 of Title 9 unless Chapter 11 of said title is not applicable to such action or proceeding under Code Section 9-11-81. (b) In all cases where there are two or more personal representatives and one or more of them removes beyond the limits of this state, service of any notice, writ, or process upon those remaining in the state shall be as effectual and complete, for all purposes whatever, as though such service had been made upon all of the personal representatives."

SECTION 1-42. Said title is further amended by revising Code Section 53-7-15, relating to applicability of provisions relating to sureties on guardians' bonds, as follows:
"53-7-15. The provisions of law governing the situation in which the surety on a guardian's or conservator's bond dies, becomes insolvent, removes beyond the limits of this state, from other cause becomes insufficient, or desires to be relieved as surety shall be applicable to sureties on personal representatives' bonds."

SECTION 1-43. Said title is further amended by revising Code Section 53-7-41, relating to notice for creditors to render accounts and failure of creditors to give notice of claims, as follows:
"53-7-41. (a) The personal representative shall be allowed six months from the date of the qualification of the first personal representative to serve in which to ascertain the condition of the estate. (b) Every personal representative shall, within 60 days from the date of qualification, publish a notice directed generally to all of the creditors of the estate to notify the personal representative of their claims and render an account of their demands for payment thereon. The personal representative's notice shall be published once a week for four weeks in the official newspaper of the county in which the personal representative qualified. No particular form shall be required for creditors to notify the personal representative of their claims, and such notification of a creditor's claim shall be sufficient for purposes of this Code section if given in writing, providing an account number or other identifying information or itemization adequate to establish the indebtedness as an obligation of the estate, and stating the principal balance and any applicable interest or other additional charges lawfully owed. An invoice or account statement satisfying the requirements of the preceding sentence of this subsection and generated by a creditor in the ordinary course of such creditor's business shall constitute sufficient notification to the personal representative of such creditor's claim if the personal representative actually receives such notification of the claim or if such creditor files such notification with the probate court having jurisdiction over the decedent's estate or sends such notification of the claim by electronic transmission, other form of wire or wireless communication, or by first-class mail or private carrier to the address of the decedent, the personal representative, or the attorney

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representing the personal representative; provided, however, that a notification of a claim sent by a creditor by electronic communication to an account for which the decedent is the user shall constitute sufficient notification to the personal representative of such creditor's claim only if the content of such electronic communication lawfully is disclosed to the personal representative pursuant to Chapter 13 of this title. As used in this subsection, the terms 'account', 'content of an electronic communication', 'electronic communication', and 'user' shall have the meaning provided by Code Section 53-13-2. (c) After receiving sufficient notification of a creditor's claim under subsection (b) of this Code section, the personal representative may require reasonable additional proof or accounting from such creditor prior to paying such creditor's claim, but such requirement by the personal representative shall not affect adversely the timeliness of such creditor's notification to the personal representative of the creditor's claims. (d) Creditors who fail to notify the personal representative of their claims in the manner provided by subsection (b) of this Code section within three months from the date of publication of the personal representative's last notice shall lose all rights to an equal participation with creditors of equal priority to whom distribution is made before sufficient notification of such claims is given to the personal representative, and they may not hold the personal representative liable for a misappropriation of the funds. If, however, there are assets in the hands of the personal representative sufficient to pay such debts and if no claims of greater priority are unpaid, the assets shall be thus appropriated notwithstanding failure of such creditors timely to notify the personal representative of their claims."

SECTION 1-44. Said title is further amended by revising Code Section 53-7-50, relating to petition by personal representative for discharge, citation and publication, hearing, and subsequently discovered estate, as follows:
"53-7-50. (a) A personal representative who has fully performed all duties or who has been allowed to resign may petition the probate court for discharge from the office and from all liability. The petition shall state that the personal representative has fully administered the estate of the decedent and shall set forth the names and addresses of all known heirs of an intestate decedent or beneficiaries of a testate decedent, including any persons who succeeded to the interest of any heir or beneficiary who died after the decedent died, and shall name which of the heirs or beneficiaries is or should be represented by a guardian. The petition shall state that the personal representative has paid all claims against the estate or shall enumerate which claims of the estate have not been paid and the reason for such nonpayment. The petition shall also state that the personal representative has filed all necessary inventory and returns or, alternatively, has been relieved of such filings by the testator, the heirs or beneficiaries, or the probate court.
(b)(1) Subject to paragraphs (2) and (3) of this subsection, upon the filing of a petition for discharge, citation shall issue to all heirs or beneficiaries, as provided in Chapter 11

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of this title, requiring them to file any objections to the discharge, except that in all cases a citation shall be published one time in the newspaper in which sheriff's advertisements are published in the county in which the petition is filed at least ten days prior to the date on or before which any objection is required to be filed. Any creditors whose claims are disputed or who have not been paid in full due to insolvency of the estate shall be served in accordance with Chapter 11 of this title. (2) Notwithstanding paragraph (1) of this subsection, it shall not be necessary to serve with notice any heir or beneficiary who has relieved the personal representative of all liability or any heir or beneficiary with respect to whom the personal representative has been relieved of all further liability in a binding proceeding such as a settlement of accounts pursuant to Code Sections 53-7-60 through 53-7-63 or an intermediate report pursuant to Code Sections 53-7-73 through 53-7-76. (3) For purposes of this Code section, a beneficiary is a person, including a trust, who is designated in a will to take an interest in real or personal property and who (A) has a present interest, including but not limited to a vested remainder interest but not including a trust beneficiary where there is a trustee who is not also the personal representative seeking discharge and (B) whose identity and whereabouts are known or may be determined by reasonable diligence. For purposes of this Code section, a trust beneficiary may be represented as provided in Code Section 53-12-8. (c) If any party in interest files objection to the discharge, a hearing shall be held. If as a result of the hearing, the probate court is satisfied that the personal representative has faithfully and honestly discharged the office, an order shall be entered releasing and discharging the personal representative from all liability. If no objections are filed, the probate court shall enter the order for discharge without further proceedings or delay. Any heir or beneficiary or creditor who is a minor at the time of the discharge and who is not represented by a guardian may, within two years of reaching the age of majority, commence suit against the personal representative and such discharge shall be no bar to the action. (d) If other property of the estate is discovered after an estate has been settled and the personal representative discharged, the probate court, upon petition of any interested person and upon such service or notice as it directs, may appoint the same personal representative or a successor personal representative to administer the subsequently discovered estate. If a new appointment is made, unless the probate court orders otherwise, the provisions of this title shall apply as appropriate; but no claim previously barred may be asserted in the subsequent administration. (e) A personal representative may petition the court solely for discharge from office by filing the petition described in subsection (a) of this Code section and by serving notice by publication one time in the official county newspaper and by first-class mail to all creditors of the estate whose claims have not been paid informing them of their right to file an objection and be heard as described in subsection (c) of this Code section."

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SECTION 1-45. Said title is further amended by revising Code Section 53-7-54, relating to breach of fiduciary duty, as follows:
"53-7-54. (a) If a personal representative or temporary administrator commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a beneficiary of a testate estate or heir of an intestate estate shall have a cause of action:
(1) To recover damages; (2) To compel the performance of the personal representative's or temporary administrator's duties; (3) To enjoin the commission of a breach of fiduciary duty; (4) To compel the redress of a breach of fiduciary duty by payment of money or otherwise; (5) To appoint another personal representative or temporary administrator to take possession of the estate property and administer the estate; (6) To remove the personal representative or temporary administrator; and (7) To reduce or deny compensation to the personal representative or temporary administrator. (b) When estate assets are misapplied and can be traced in the hands of persons affected with notice of misapplication, a constructive trust shall attach to the assets. (c) The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law. (d) In any action or proceeding brought pursuant to this Code section, service of notice or process shall be made in the manner provided by Chapter 11 of this title if Chapter 11 of this title is applicable under Code Section 53-11-1. If Chapter 11 of this title is not applicable to such action or proceeding under Code Section 53-11-1, such service shall be made in the manner provided by Chapter 11 of Title 9 unless Chapter 11 of such title is not applicable to such action or proceeding under Code Section 9-11-81."

SECTION 1-46. Said title is further amended by revising Code Section 53-7-55, relating to revocation of letters of personal representative or other sanctions, as follows:
"53-7-55. (a) Upon the petition of any person having an interest in the estate or whenever it appears to the probate court that good cause may exist to revoke the letters of a personal representative or impose other sanctions, the court shall cite the personal representative to answer to the charge. Upon investigation, the court may, in the court's discretion:
(1) Revoke the personal representative's letters; (2) Require additional security; (3) Require the personal representative to appear and submit to a settlement of accounts following the procedure set forth in Article 6 of this chapter, regardless of whether the

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personal representative has first resigned or been removed and regardless of whether a successor fiduciary has been appointed; or (4) Issue such other order as in the court's judgment is appropriate under the circumstances of the case. (b) In any proceeding brought pursuant to this Code section, service of notice shall be made in the manner provided by Chapter 11 of this title."

SECTION 1-47. Said title is further amended by revising Code Section 53-7-56, relating to resignation, as follows:
"53-7-56. (a) A personal representative may resign:
(1) In the manner and under the circumstances described in the will; (2) Upon petition to the probate court, showing that the resignation has been requested in writing by all heirs of an intestate estate or all beneficiaries of a testate estate; or (3) Upon petition to the probate court, showing to the satisfaction of the court that:
(A) The personal representative is unable to continue serving due to age, illness, infirmity, or other good cause; (B) Greater burdens have developed upon the office of personal representative than those that originally were contemplated or should have been contemplated when the personal representative was qualified and the additional burdens would work a hardship upon the personal representative; (C) Disagreement exists between one or more of the beneficiaries or heirs and the personal representative in respect to the personal representative's management of the estate, which disagreement and conflict appear deleterious to the estate; (D) The resignation of the personal representative will result in or permit substantial financial benefit to the estate; (E) The resigning personal representative is one of two or more acting personal representatives and the other personal representatives will continue in office with no adversity to the estate contemplated; or (F) The resignation would not be disadvantageous to the estate. (b) A personal representative's petition to resign shall be made to the probate court and the court shall cause citation to issue and service of notice to be made upon all the heirs of an intestate estate or the beneficiaries of a testate estate in the manner provided by Chapter 11 of this title."

SECTION 1-48. Said title is further amended by revising Code Section 53-7-62, relating to appearance before court, failure of personal representative to appear, and right to appeal, as follows:

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"53-7-62. (a) Any person interested as an heir or beneficiary of an estate or the probate court may, after the expiration of six months from the granting of letters, cite the personal representative to appear before the probate court for a settlement of accounts. Alternatively, if the personal representative chooses, the personal representative may cite all the heirs or beneficiaries and all persons who claim to be creditors whose claims the personal representative disputes or cannot pay in full to be present at the settlement of the personal representative's accounts by the court. The settlement shall be conclusive upon the personal representative and upon all the heirs or beneficiaries and all remaining persons who claim to be creditors who receive service of notice of the settlement proceeding in the probate court and the hearing in the manner provided by subsection (b) of this Code section or by Chapter 11 of this title. The court may, in the court's discretion, give the personal representative additional time to settle the estate. (b) If the personal representative fails or refuses to appear as cited, the probate court may proceed without the appearance of the personal representative. If the personal representative has been required to give bond, the surety on such bond shall be bound by the settlement if the surety is served with notice by personal service of the settlement proceeding in the probate court. If one or more unsuccessful attempts at service are made by the sheriff or the sheriff's deputies upon the personal representative at the last address of the personal representative in the court records and it appears to the probate court that further attempts are likely to be futile, then service of notice shall be sufficient upon the personal representative for purposes of this Code section if the citation is mailed by first-class mail to such address. (c) Any party to the settlement shall have the right to appeal."

SECTION 1-49. Said title is further amended by revising Code Section 53-7-63, relating to making and enforcing final settlement, as follows:
"53-7-63. Upon proof of issuance of citation and service of notice pursuant to Code Section 53-7-62, the probate court may proceed to make an account, hear evidence upon any contested question, and make a final settlement between the personal representative and the heirs or beneficiaries. The settlement may be enforced by a judgment, writ of fieri facias, execution, or attachment for contempt."

SECTION 1-50. Said title is further amended by revising Code Section 53-7-68, relating to mailing of return to heirs and beneficiaries and relieving personal representative of duty to file return, as follows:

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"53-7-68. (a) Upon filing the annual return with the probate court, the personal representative shall mail by first-class mail a copy of the return, but not the vouchers, to each heir of an intestate estate or each beneficiary of a testate estate. It shall not be necessary to mail a copy of the return to any heir or beneficiary who is not sui juris or for the court to appoint a guardian for such person. The personal representative shall file a verified statement with the probate court stating that all required mailings of the return to heirs or beneficiaries have been made. (b) Any heir or beneficiary may waive individually the right to receive a copy of the annual return by a written statement that is delivered to the personal representative. Such waiver may be revoked in writing at any time. (c) By unanimous written consent, the heirs of an intestate estate or the beneficiaries of a testate estate may authorize the probate court to relieve the personal representative from filing annual returns with them or with the court or both, in the same manner as provided in subsection (b) of Code Section 53-7-1 for the granting of powers to a personal representative. Any such unanimous written consent, regardless of the date of execution, that relieves the personal representative from filing annual returns with the court shall also relieve the personal representative from sending a copy of the return to the heirs or beneficiaries."

SECTION 1-51. Said title is further amended by adding a new Code section to read as follows:
"53-7-69.1. (a) Except as provided in subsection (b) of this Code section, a personal representative shall furnish to the heirs of an intestate estate or the beneficiaries of a testate estate, at least annually, a statement of receipts and disbursements. (b) Any heir or beneficiary may waive individually the right to receive a statement of receipts and disbursements in the same manner as provided in subsection (b) of Code Section 53-7-68 for waiving the right to receive a copy of an annual return. The heirs or beneficiaries may authorize the probate court to relieve the personal representative from furnishing statements of receipts and disbursements in the same manner as provided in subsection (c) of Code Section 53-7-68 for relieving the personal representative from filing annual returns. A testator may, by will, dispense with the necessity of the personal representative's furnishing a statement of receipts and disbursements in the same manner as provided in Code Section 53-7-69 for dispensing with the necessity of the personal representative's filing an annual return."

SECTION 1-52. Said title is further amended by revising Code Section 53-7-71, relating to return of nonresident or deceased personal representative, as follows:

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"53-7-71. (a) The return of a nonresident personal representative may be admitted to record upon affidavit of the personal representative's surety. (b) If a personal representative is dead, the personal representative of the estate of the deceased personal representative or, if at any time there is no such personal representative of the estate of the deceased personal representative, any surety on the bond of the deceased personal representative may make returns of the accounts of such deceased personal representative in the same manner and with the same effect as if the deceased personal representative were living."

SECTION 1-53. Said title is further amended by revising Code Section 53-7-74, relating to filing of objections to intermediate report, continuation of hearing, and appeal, as follows:
"53-7-74. At or before the time fixed for hearing, any parties at interest may file objections to the personal representative's report, actions, and accounting, in which case the hearing on the accounting shall automatically be continued until a date certain, when, subject to the probate court's power to grant continuances, the same shall be heard as other cases pending in the probate court with like right of appeal to the superior court. In such case, an appeal by consent may be taken to the superior court; provided, however, that such appellate procedures shall not apply to cases provided for by Article 6 of Chapter 9 of Title 15. The parties at interest who have been served with notice as provided in subsection (c) of Code Section 53-7-73 and who have filed no objections to the report and accounting need not be served with notice of an appeal or any other or further proceedings, and their consent shall not be required for an appeal to the superior court."

SECTION 1-54. Said title is further amended by revising Code Section 53-7-75, relating to construction of will by superior court, as follows:
"53-7-75. (a) Except as otherwise provided in subsection (b) of this Code section and in paragraph (7) of subsection (a) of Code Section 15-9-127, whenever it appears that a question of construction of a will is involved in the accounting, the probate court, upon its own motion or upon the motion of any party in interest, shall enter an order transferring the accounting to the superior court for the determination of all such questions, which shall be presented to, heard, and determined by the superior court as appeals from the probate court are presented, heard, and determined. (b) A probate court subject to Article 6 of Chapter 9 of Title 15 shall have jurisdiction over questions of construction of a will involved in the accounting and may determine all such questions without transferring the accounting to the superior court.

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(c) The probate court may suspend further proceedings pending a final determination of the questions of construction. (d) After a final determination of the questions of construction, the probate court shall proceed with the accounting."

SECTION 1-55. Said title is further amended by revising Code Section 53-8-10, relating to authority of personal representative and petition by temporary administrator, as follows:
"53-8-10. (a) Subject to the provisions of this article, a personal representative may sell, rent, lease, exchange, or otherwise dispose of property, whether personal, real, or mixed, for the purpose of payment of debts, for distribution of the estate, or for any other purpose that is in the best interest of the estate; provided, however, that nothing in this article shall be construed to limit, enlarge, or change any authority, power, restriction, or privilege specifically provided by will or incorporated into a will or otherwise granted to the personal representative in accordance with the provisions of subsection (b) of Code Section 53-7-1. (b) A temporary administrator is authorized to petition the probate court for leave to sell or otherwise deal with property of the estate following the procedures described in this article, provided, that good cause is shown."

SECTION 1-56. Said title is further amended by revising Code Section 53-8-11, relating to property that is perishable, liable to deteriorate, or expensive to keep, as follows:
"53-8-11. Perishable property, property that is liable to deteriorate from keeping, or property that is expensive to keep shall be sold as early as practicable and in such manner as the probate court shall determine to be in the best interest of the estate, after such service of notice and opportunity for hearing, if any, as the probate court shall deem practicable under the circumstances."

SECTION 1-57. Said title is further amended by revising Code Section 53-8-13, relating to general procedures, as follows:
"53-8-13. (a) A personal representative desiring to sell, rent, lease, exchange, or otherwise dispose of property other than property that is perishable, liable to deteriorate, or expensive to keep or listed stocks and bonds shall file a petition with the probate court stating the property involved and the interests in such property; the specific purpose of the transaction; the proposed price, if any; and all other terms or conditions proposed for the transaction and listing the names, addresses, and ages or majority status of all heirs of an intestate estate

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or of all beneficiaries of a testate estate. In the event full particulars are lacking, the petition shall state the reasons for any such omission. (b) Upon the filing of the petition by the personal representative, the court shall issue a citation and serve notice on the heirs of an intestate estate or the affected beneficiaries of a testate estate in accordance with the provisions of Chapter 11 of this title. (c) If no written objection by a person so served with notice is filed within the appropriate period of time following the service of such notice, as provided by Chapter 11 of this title, the probate court shall order such sale summarily in the manner and terms petitioned. If timely written objection is filed, the court shall hear the matter and grant or deny the petition for sale or make such other order as is in the best interest of the estate, which may require the sale to be private or at public outcry including confirmation of the sale by the court or otherwise. An appeal shall lie to the superior court in the manner, under the restrictions, and with the effect provided for appeals from the probate court in other cases. (d) A personal representative shall make a full return to the probate court of every sale, specifying the property sold, the purchasers, the amounts received, and the terms of the sale. (e) The recital in the personal representative's deed of compliance with the provisions of this Code section shall be prima-facie evidence of the facts recited. (f) Where a personal representative sells real property under the provisions of this Code section, liens on such real property may be divested and transferred to the proceeds of the sale as a condition of the sale."

SECTION 1-58. Said title is further amended by revising Code Section 53-8-14, relating to warranty and personal liability of personal representative, as follows:
"53-8-14. (a) Regardless of whether a personal representative has the powers provided by paragraph (1) of subsection (b) of Code Section 53-12-261 or by the corresponding provision of any statute incorporated pursuant to subsection (d) of Code Section 53-12-263 or otherwise has similar such powers, and regardless of whether such powers are granted by a probate court or are enumerated in or incorporated by reference into a will by a testator, a personal representative may not bind the estate by any warranty in any conveyance or contract. (b) A personal representative shall not be bound personally by any warranty in any conveyance or contract, unless the intention to create a personal liability is distinctly expressed."

SECTION 1-59. Said title is further amended by revising Code Section 53-8-15, relating to passage of title to heirs or beneficiaries and assent of personal representative, as follows:

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"53-8-15. (a) The title to all property of an estate being in the personal representative for the payment of debts and other purposes of administration, title to property in the estate does not pass to the heirs or beneficiaries until the personal representative assents thereto in evidence of the distribution of the property to them, except as otherwise provided in Code Section 53-2-7. (b) Such assent may be express or may be presumed from the conduct of the personal representative. Assent should be evidenced in writing as a deed of conveyance to real property, bill of sale conveying tangible personal property, or an assignment or transfer of interests in intangible personal property. (c) In the absence of prior assent, the discharge of a personal representative shall be conclusive evidence of the personal representative's assent. (d) At any time after the lapse of one year from the date of qualification of the personal representative, an heir or beneficiary who is entitled to the distribution of property from an estate may, personally or by a guardian or conservator:
(1) Cite the personal representative in the probate court to show cause why assent should not be given after service of notice in accordance with Chapter 11 of this title; and (2) Subject to Code Section 23-1-4, compel such assent by an equitable proceeding."

SECTION 1-60. Said title is further amended by revising Code Section 53-9-2, relating to filing and contents of petition and publication of notice, as follows:
"53-9-2. (a) A petition for administration of the estate, for the probate in common form or solemn form of the will, for year's support, or for an order that no administration is necessary may be filed for the estate of a missing individual whose death may be presumed or established in the probate court as provided in Code Section 53-9-1. The petition may be made by anyone who would be entitled to file such petition on the estate of the missing individual if the missing individual were known to be dead and shall be filed in the county in which the estate of the missing individual would be administered were the missing individual known to be dead. (b) In addition to complying with all of the requirements for petitions pertaining to the administration of an estate or the probate of a will or year's support or an order that no administration is necessary, as appropriate, the petition regarding the estate of a missing individual who is believed to be dead shall set forth the circumstances under which the individual disappeared, what inquiry has been made as to the individual's whereabouts, and such evidence as shall be offered, if necessary, for the purpose of proving death by a preponderance of the evidence. (c) If the court finds the petition to be in compliance with the requirements set forth in subsection (b) of this Code section, the court shall issue an order directing that a citation issue and be published once a week for four weeks in the official newspaper of the county

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in which the petition is made giving notice that on a date certain, which shall be at least 90 days after the first publication of such citation, evidence will be heard by the court concerning the alleged absence of the individual presumed to be dead and the circumstances and duration of such absence and requiring the missing individual, if alive, or any other person to produce and present to the court evidence that the missing individual is still in life. The publication of citation required by this subsection may be combined with any other service of notice required for the issuance of letters testamentary or letters of administration, an order for year's support, or an order that no administration is necessary or directed by the court pursuant to Code Section 53-11-5. Such service of notice shall be made as provided in Chapter 11 of this title on all individuals who would be heirs if the missing individual were known to be dead. The order may also direct that the petitioner make a search for the missing individual and shall specify the manner in which the search is to be conducted to ensure that, in light of the circumstances of the particular case, a diligent and reasonable effort has been made to locate the missing individual. The order may prescribe any methods of search deemed by the judge to be adequate and appropriate, including but not limited to publishing notices in newspapers in appropriate locations and making inquiry of governmental agencies and of the missing individual's relatives and friends and at the missing individual's last place of abode or other appropriate places."

SECTION 1-61. Said title is further amended by revising Code Section 53-10-5, relating to applicability of chapter, as follows:
"53-10-5. This chapter shall not apply in the case of wills, trusts, deeds, contracts of insurance, or any other situation where provision is made for distribution of property different from that provided in this chapter or where provision is made for a presumption as to survivorship that results in a distribution of property different from that provided in this chapter."

SECTION 1-62. Said title is further amended by revising Code Section 53-11-1, relating to applicability of and compliance with provisions, as follows:
"53-11-1. Except as otherwise specifically provided, the provisions of this chapter shall apply to any proceeding in the probate court that arises under Chapters 1 through 10, 12, and 13 of this title. Compliance with the provisions of this chapter shall be deemed to be sufficient for proceedings in the probate court arising under Chapters 1 through 10, 12, and 13 of this title except as otherwise provided in those chapters and in Chapter 11 of Title 9 and Chapter 9 of Title 15."

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SECTION 1-63. Said title is further amended by revising Code Section 53-11-2, relating to "guardian" defined, persons represented, appointment, successors, and guardian named in petitions, as follows:
"53-11-2. (a) As used in this Code section, the term 'guardian' means the guardian ad litem appointed by the probate court who may represent a single party or more than one party or a class of parties with common or nonadverse interests, including the estates of one or more deceased heirs that have no personal representative; provided, however, that the court may determine for the purpose of the particular proceeding that the natural guardian, if any, or the testamentary guardian, if any, or the duly constituted conservator of the property, if any, or the duly constituted guardian of the person, if any, has no conflict of interest and thus may represent for the purpose of the proceeding a party who is not sui juris, who is unborn, or who is unknown. (b) When a party to a proceeding in the probate court is not sui juris, is unborn, or is unknown, such party shall be represented in the proceeding by a guardian. When a party to a proceeding in the probate court is a deceased heir whose estate has no personal representative, such deceased heir's estate may be represented in the proceeding by a guardian. Service upon or notice to a guardian shall constitute service upon or notice to the party represented, and except as provided in subsection (a) of Code Section 15-9-17, no additional service upon or notice to such party shall be required. Waivers, acknowledgments, consents, answers, objections, or other documents executed by the guardian shall, except as otherwise provided in Code Section 15-9-17, be binding upon the party represented. (c) Whenever a guardian ad litem is appointed, the court may limit the appointment or may at any time for cause appoint a successor. Unless the appointment is limited by the court, the guardian ad litem first appointed with respect to any proceeding involving the administration of the estate shall continue to serve with respect to such proceeding on behalf of the party represented until a successor is appointed, the party represented becomes sui juris, or the court terminates the appointment.
(d)(1) In every petition filed in the probate court, the petitioner shall specify the name of each party who requires a guardian and the name and address of any person who is acting as guardian of the party. A copy of the letters appointing the guardian shall be attached to the petition or the petition shall allege such facts as shall show the authority of such guardian to act. (2) The authority of a guardian to act may be established under paragraph (1) of this subsection by showing:
(A) Compliance by a foreign guardian of a minor with the filing requirements of subsection (b) of Code Section 29-2-74 or of Code Section 29-2-76; (B) Compliance by a foreign conservator of the property of a minor with the filing requirements of subsection (b) of Code Section 29-3-115 or of Code Section 29-3-117;

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(C) Compliance by a foreign guardian of an adult with the filing requirements of subsection (b) of Code Section 29-4-95 or of Code Section 29-4-97; (D) Compliance by a foreign conservator of the property of an adult with the filing requirements of subsection (b) of Code Section 29-5-135 or of Code Section 29-5-137; or (E) The registration and recording of a guardianship order or conservatorship order from another state under Article 4 of Chapter 11 of Title 29. (3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, the probate court may take judicial notice of the issuance of the letters appointing such conservator or guardian, and of the authority of such conservator or guardian to act, in the manner provided by Chapter 2 of Title 24."

SECTION 1-64. Said title is further amended by revising Code Section 53-11-3, relating to personal service generally, as follows:
"53-11-3. (a) Except as otherwise prescribed by law or directed by the probate judge, a party in interest who is a resident of this state is entitled to personal service of any petition and citation for proceedings that are subject to the provisions of this chapter. (b) Except as otherwise provided in this Code section, personal service shall be made by delivery of a copy of the petition and citation by the sheriff or some other lawful officer at least 30 days before the hearing except that, if waived in writing or if shortened by the probate court upon good cause shown, the 30 day provision shall not apply. An entry of such service shall be made on the original and the copy for the party served. (c) A party who is in the military service may be served by any commissioned officer who shall file with the probate court a certificate stating that copies of the petition and citation were served in person. (d) Individuals who are not sui juris shall be served as provided in this chapter or as provided in Code Section 15-9-17. (e) When personal service is required by this Code section, unless otherwise directed by the probate court, service may be made by registered or certified mail or statutory overnight delivery if the petitioner so requests in the petition. The court shall cause a copy of the petition and the citation to be sent by registered or certified mail or statutory overnight delivery with return receipt requested and with delivery restricted to addressee only. If the return receipt is not signed by the addressee, dated at least 30 days before the date specified in the citation, except where shortened by the court upon good cause shown, and received by the court before the date specified in the citation for the filing of objections, service shall be made as otherwise required by this Code section."

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SECTION 1-65. Said title is further amended by revising Code Section 53-11-4, relating to service where person or residence unknown or resides outside state, as follows:
"53-11-4. (a) Except as otherwise prescribed by law or directed by the probate judge pursuant to Code Section 53-11-5, the provisions of this Code section shall apply in cases when a person to be served with notice of a proceeding covered by this chapter has a known current residence address outside this state, or whose current residence address is unknown. (b) Unless all such persons have known current residence addresses, the probate court shall order service of notice to be perfected by publication of the citation in the newspaper in which sheriff's advertisements are published in the county in which the petition is made. The citation shall be published once a week for four weeks prior to the date on which objections must be filed. The records of the court shall show the persons served with notice and the character of such service of notice. The published citation shall be directed to the person to be served with such notice. (c) If the current residence address of such a person is known, the court shall cause service of notice to be made by mailing by certified or registered mail or statutory overnight delivery, return receipt requested, a copy of the petition and the citation. (d) When service of notice by publication is ordered by the court pursuant to this Code section, compliance with the provisions of this Code section relating to a person to be served with notice who is known but whose current residence address is unknown shall be equivalent to personal service of a copy of the petition and citation when the fact appears in the records of the court showing the persons served with notice and the character of such service of notice. In the case of a known person whose current residence address is unknown, that person's name shall appear in the records of the court, and such records shall confirm compliance with this Code section as to that person. In any case in which service of notice by publication is granted by the court, one order for service of notice by publication shall be sufficient and the published citation shall be directed as provided in subsection (b) of this Code section."

SECTION 1-66. Said title is further amended by revising Code Section 53-11-5, relating to additional service or notice, as follows:
"53-11-5. On the motion of any party in interest or on its own motion, the probate court may direct any additional service of citation or other notice or extend the time to respond with respect to any proceedings covered by this chapter as the judge may determine to be proper in the interests of due process and reasonable opportunity for any party or interest to be heard."

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SECTION 1-67. Said title is further amended by revising Code Section 53-11-6, relating to waiver or acknowledgment of service or notice and consent to granting of relief or entry of order, as follows:
"53-11-6. (a) Service of citation or other notice may be waived or acknowledged before or after the filing of the petition. The waiver or acknowledgment shall be in a writing signed by the person to be served with notice or some person authorized by the person to be served with such notice, shall be sworn to or affirmed before the probate court or a notary public, and shall be filed with the probate court. (b) Except as otherwise prescribed by law, the written consent of a party to the granting of any relief or the entry of any order sought in a proceeding covered by this chapter, whether executed before or after the filing of the petition, shall constitute a waiver and acknowledgment of service of notice of the proceedings, waiver of any other or further citation or service of notice, entry of appearance, answer admitting all allegations of fact set forth in the petition as true and correct, and consent to the granting of the relief or the order sought. (c) A person in military service, regardless of age, shall be permitted to make any waiver, acknowledgment, or consent described in this Code section."

SECTION 1-68. Said title is further amended by revising Code Section 53-11-9, relating to issuance of citation upon filing of petition, contents, and meaning, as follows:
"53-11-9. (a) Upon the filing of a petition, a citation shall be issued by the court and addressed to the persons required to be served with notice or who otherwise are to be served with notice; provided, however, that if all such persons have acknowledged service of notice and assented to the petition, no such citation need issue. Such citation shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the probate court. Such citation also shall state whether the hearing will take place on a certain date or be specially scheduled for a later date. With respect to all proceedings under this title, any such citation may state that if no objections are filed the petition may be granted without a hearing. (b) For purposes of this chapter, the words 'citation' and 'notice' shall have the same meaning unless the context otherwise requires. (c) Wherever appearing in this title with respect to proceedings in the probate court covered by this chapter:
(1) The term 'service of notice,' 'given notice,' 'due notice,' 'notified,' and similar words and phrases of the same import shall mean service of petition and citation in a manner provided by applicable law, and shall include acknowledgment or waiver of such service

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and such service upon a guardian ad litem or other appropriate representative, unless the context otherwise requires; (2) The term 'the official county newspaper,' 'the newspaper in which sheriff's advertisements are published,' 'the official newspaper of the county in which the petition is made,' 'the official newspaper of the county in which the personal representative qualified,' and similar words and phrases of the same import shall mean the journal or newspaper qualified or designated as the official legal organ of the county of the probate court having jurisdiction in such proceeding pursuant to Code Section 9-13-142; (3) The term 'published,' 'publication,' 'service by publication,' 'notice shall be published,' and similar words and phrases of the same import shall mean publication in the official legal organ described in paragraph (2) of this subsection unless the context otherwise requires; (4) The term 'beneficiary' shall include devisee and legatee unless the context otherwise requires; (5) Any hearing called for in any proceeding shall be within the court's sound discretion and shall not be required if no caveat or objection is timely filed and thereafter maintained unless the context otherwise requires; and (6) Any requirement that no caveat or objection be filed:
(A) Shall be satisfied by the dismissal or withdrawal of all caveats or objections so filed unless the context otherwise requires; and (B) May, in the court's sound discretion, be satisfied by the failure of any party served with notice to file a caveat or objection in a timely manner unless the context otherwise requires."

SECTION 1-69. Said title is further amended by revising Code Section 53-11-10, relating to date by which objections must be filed or on which hearing will be held, as follows:
"53-11-10. (a) Except as otherwise prescribed by law or as shortened by the judge upon good cause shown or directed by the judge pursuant to Code Section 53-11-5 with respect to any particular proceeding, the date on or before which any person is required to file any objection shall be not fewer than 30 days after the date such person is personally served with notice. For a person within the continental United States who is served with notice by registered or certified mail or statutory overnight delivery, return receipt requested, the date on or before which any objection is required to be filed by such person shall not be fewer than 30 days from the date of mailing of such service of notice; provided, however, that if a return receipt from any recipient is received by the court within 30 days from such date of mailing of such service of notice, the date on or before which any objection is required to be filed by such recipient shall be 30 days from the date of receipt of such service of notice shown on such return receipt. For a person outside the continental United States who is served with notice by registered or certified mail or statutory overnight

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delivery, return receipt requested, the date on or before which any objection is required to be filed by such person shall not be fewer than 30 days from the date the service of the citation is mailed by the court; provided, however, that if the return receipt from any such recipient is received by the court during such 30 day period the date on or before which any objection is required to be filed by such recipient shall not be earlier than 30 days from the date of such recipient's receipt of such service of notice shown on such return receipt. For a person served with notice by publication, the date on or before which any objection is required to be filed shall be no earlier than the first day of the week following such service by publication of citation once each week for four weeks. (b) Except as otherwise prescribed by law or directed by the judge with respect to any particular proceeding, the date on which any required hearing shall be held shall be the date by which any objection is required to be filed or such later date as the probate court may specify. When the matter is set for hearing on a date that was not specified in the citation, the probate court shall serve by first-class mail a notice of the date, time, and place of the hearing to the petitioner and all parties who have filed responses to the petition at the addresses given by them in their pleadings."

SECTION 1-70. Said title is further amended by revising Code Section 53-12-6, relating to jurisdiction, as follows:
"53-12-6. (a) Trusts are peculiarly subjects of equity jurisdiction. Suits by or against a trustee that sound at law may be filed in a court of law. (b) Actions concerning the construction or administration of a trust or for a court to take any actions authorized by the provisions of this chapter shall be maintained in superior court, except as otherwise provided in Code Section 15-9-127. (c) Any action by or against the trustee or to which the trustee is a party may be maintained in any court having jurisdiction over the parties and the subject matter, except as otherwise provided in subsection (b) of this Code section or in Code Section 15-9-127."

SECTION 1-71. Said title is further amended by revising Code Section 53-12-7, relating to when trust and chapter conflict, as follows:
"53-12-7. (a) The effect of the provisions of this chapter may be varied by the trust instrument except:
(1) As to any requirements relating to the creation and validity of express trusts as provided in Article 2 of this chapter; (2) As to the effect of the rules relating to spendthrift trusts as provided in Article 5 of this chapter;

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(3) As to the power of the beneficiaries to modify a trustee's compensation as provided in Code Section 53-12-210; (4) As to the duty of a trustee to administer the trust and to exercise discretionary powers in good faith as provided in Code Sections 53-12-240 and 53-12-260; (5) As to the effect of a provision relieving a trustee from liability as provided in Code Section 53-12-303; (6) As to the periods of limitation on actions as provided in Code Sections 53-12-45 and 53-12-307; and (7) As to the effect of the rules relating to trust directors as provided in Article 18 of this chapter. (b) Nothing in a trust instrument shall prohibit or limit a court from taking any actions authorized by the provisions of this chapter."

SECTION 1-72. Said title is further amended by revising Code Section 53-12-8, relating to notice to person permitted to bind another person, consent on behalf of another person, and representation of others, 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, entry into a binding nonjudicial settlement agreement, 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;

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(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 trust director may represent and bind the beneficiaries of the trust on a question or dispute relating to the trust director's powers of direction; (6) A person designated in the trust instrument to receive notice and provide consent on behalf of a beneficiary may represent and bind a beneficiary; (7) A personal representative of a decedent's estate may represent and bind persons interested in such estate; and (8) 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. (h) A person who on the date of determination 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 beneficiaries 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) A charitable entity may represent and bind another person and be represented by a person under this Code section in the same manner as an individual. (j) The representative of a person represented under this Code section may represent and bind any other person who could be represented under this Code section by the person being represented by the representative if the person being represented were living and sui juris, but only to the extent there is no conflict of interest between the representative and such other person or among those being represented with respect to a particular question or dispute. (k) Any person whose interests would be affected may request that the court determine whether an interest is represented under this Code section or whether the representation is adequate. 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

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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. (l) The interests of unascertainable charitable beneficiaries of a trust that is not a charitable trust shall be represented as provided in Code Section 53-12-174 for the beneficiaries under a charitable trust."

SECTION 1-73. Said title is further amended by revising Code Section 53-12-9, relating to "interested persons" defined and binding nonjudicial settlement agreement, as follows:
"53-12-9. (a) Except as provided in subsection (b) of this Code section, the trustee, any trust director, and all other persons whose interests would be affected may enter into a binding nonjudicial settlement agreement with respect to any matter involving the trust. (b) 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 section or other applicable law; and (2) Shall not be valid with respect to any modification or termination of an irrevocable trust when the settlor's consent would be required in a proceeding to approve such modification or termination under subsection (b) of Code Section 53-12-61. (c) The trustee, trust director, and any person whose interests would be affected by a nonjudicial settlement agreement may request that the court approve such agreement, determine whether the representation as provided in Code Section 53-12-8 was adequate, determine whether such agreement violates a material purpose of the trust, determine whether such agreement contains terms and conditions the court could have properly approved, or make any other similar determination. (d) A nonjudicial settlement agreement entered into in accordance with this Code section shall be final and binding on all parties to such agreement, including individuals not sui juris, unborn beneficiaries, and persons unknown who are represented by a person who may represent and bind such parties under Code Section 53-12-8, as if ordered by a court with competent jurisdiction over the trust, the trust property, and the parties. (e) Entering into or petitioning a court regarding a nonjudicial settlement agreement under this Code section shall not constitute a violation of a condition in terrorem under Code Section 53-12-22."

SECTION 1-74. Said title is further amended by revising Code Section 53-12-22, relating to trust purposes and conditions in terrorem, as follows:

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"53-12-22. (a) A trust may be created for any lawful purpose. (b) A condition in terrorem shall be void unless there is a direction in the trust instrument as to the disposition of the property if the condition in terrorem is violated, in which event the direction in the trust instrument shall be carried out, except as otherwise provided in subsection (c) of this Code section. (c) A condition in terrorem shall not be enforceable against an individual for:
(1) Bringing an action for interpretation or enforcement of a trust instrument; (2) Bringing an action for an accounting, for removal, or for other relief against a trustee; or (3) Entering into a settlement agreement."

SECTION 1-75. Said title is further amended by revising Code Section 53-12-60, relating to reformation to correct mistakes, as follows:
"53-12-60. (a) If it is proved by clear and convincing evidence that the trust provisions were affected by a mistake of fact or law, whether in expression or inducement, the court may reform the trust provisions, even if unambiguous, to conform the provisions to the settlor's intention. (b) A petition for reformation may be filed by the trustee, any trust director, or any beneficiary or, in the case of an unfunded testamentary trust, the personal representative of the settlor's estate. (c) Notice of a petition for reformation of the trust shall be given to the trustee, any trust director, and all qualified beneficiaries."

SECTION 1-76. Said title is further amended by revising Code Section 53-12-61, relating to power to direct modification, consolidation, division, or termination; petition to modify or terminate noncharitable irrevocable trust; proceeding to approve proposed modification or termination; and distribution of trust property under order for termination, as follows:
"53-12-61. (a) The trust instrument may confer upon a trustee or other person a power to modify or terminate the trust without court approval. (b) During the settlor's lifetime, the court shall approve a petition to modify or terminate an irrevocable trust, even if the modification or termination is inconsistent with a material purpose of the trust, if the settlor and all qualified 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 provisions of the trust;

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(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 an irrevocable trust if all qualified 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 an irrevocable trust if all qualified 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; (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, trust director, or beneficiary. A proceeding to approve a proposed modification or termination under subsection (b) of this Code section may be commenced by a trustee, trust director, 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) Notice of a petition to modify or terminate a trust under subsection (d) of this Code section shall be given to the settlor, if living, the trustee, any trust director, all qualified

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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.' (j) For purposes of this chapter, modification of a trust includes the consolidation or division of a trust. (k) Subsections (b) and (c) of this Code section shall not apply to charitable trusts. (l) Petitioning for or consenting to a modification or termination under this Code section shall not constitute a violation of a condition in terrorem under Code Section 53-12-22.
(m)(1)(A) Unless the trustee: (i) Expressly waives notice in a writing signed by the trustee, notice to the trustee under subsection (b) or (c) of this Code section shall be given by delivery of a copy of the petition by certified or registered mail or statutory overnight delivery with return receipt requested and with delivery restricted to addressee only at least 31 days before the entry of an order granting the petition; and (ii) Expressly waives notice and assents to the petition in a writing signed by the trustee, the trustee shall have standing to intervene as a matter of right pursuant to paragraph (1) of subsection (a) and subsection (c) of Code Section 9-11-24 and to file a caveat or objection to the petition showing that one or more of the applicable requirements of subsection (b) or (c) of this Code section has or have not been satisfied, provided that the trustee must file any such pleadings provided by this division not more than 30 days following the express written waiver of notice by the trustee or delivery of notice to the trustee as provided in division (i) of this subparagraph or by such later date as the court may direct pursuant to subparagraph (B) of paragraph (2) of this subsection.
(B) Unless a person to be given notice under subsection (f) of this Code section: (i) Expressly waives notice in a writing signed by such person, such notice shall be given by delivery of a copy of the petition by certified or registered mail or statutory overnight delivery with return receipt requested at least 31 days before the entry of an order granting the petition;

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(ii) Expressly waives notice and assents to the petition in a writing signed by such person, such person shall have standing to intervene as a matter of right pursuant to paragraph (1) of subsection (a) and subsection (c) of Code Section 9-11-24 and to file a caveat or objection to the petition showing that one or more of the applicable requirements of subsection (d) of this Code section has or have not been satisfied, provided that such person must file any such pleadings provided by this division not more than 30 days following the express written waiver of notice by such person or delivery of notice to such person as provided in division (i) of this subparagraph or by such later date as the court may direct pursuant to subparagraph (B) of paragraph (2) of this subsection, and further provided that such person is the settlor, the trustee, a trust director, a qualified beneficiary, or the holder of a power of appointment over the trust property; and (iii) Expressly waives notice and assents to the petition in a writing signed by such person, such person may file a motion for permissive intervention pursuant to paragraph (1) of subsection (b) and subsection (c) of Code Section 9-11-24 and a caveat or objection to the petition showing that one or more of the applicable requirements of subsection (d) of this Code section has or have not been satisfied, provided that such person must file any such pleadings provided by this division not more than 30 days following the express written waiver of notice by such person or delivery of notice to such person as provided in division (i) of this subparagraph or by such later date as the court may direct pursuant to subparagraph (B) of paragraph (2) of this subsection, and further provided that the court shall deny such motion for permissive intervention and dismiss such caveat or objection unless such person satisfactorily demonstrates to the court that he or she is a person whose interests would be affected directly and adversely by the grant of the petition. (2)(A) The petitioner shall certify to the court that notice has been waived or given in compliance with paragraph (1) of this subsection in a writing signed by the petitioner or by counsel for the petitioner and filed with the clerk to which all applicable executed waivers and return receipts are attached as exhibits. (B) The court may direct any additional notice or extend the time to respond to a petition under this Code section as the judge may determine to be proper in the interests of due process and reasonable opportunity for any affected person or interest to be heard. (n) The court may, in its sound discretion, conduct a hearing on a petition under this Code section, but such hearing shall not be required if no caveat or objection is timely filed by a person having standing under division (m)(1)(A)(ii) or (m)(1)(B)(ii) of this Code section or by a person granted permission to intervene by the court pursuant to division (m)(1)(B)(iii) of this Code section."

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SECTION 1-77. Said title is further amended by revising Code Section 53-12-62, relating to power of trustee to invade principal of original trust, as follows:
"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, any trust director, and those persons then entitled to annual reports from the trustee of the original trust under subsection (b) of Code Section 53-12-243, taking into account the provisions of the original trust and subsections (c) and (d) of Code Section 53-12-243. 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 30 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) The exercise of the power to invade the principal of the original trust under subsection (b) of this Code section by a trustee who is also a beneficiary shall be subject to the limitations of Code Section 53-12-270. (g) 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

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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. (h) 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. (i) 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. (j) 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) Unless the settlor objects in a writing delivered to the trustee before the date the trustee proposes to distribute from the original trust to the second trust, such second trust may qualify as a grantor trust for federal income tax purposes, even if such 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; 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

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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. (k) 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. (l) 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. (m) This Code section shall not create or imply a duty for a trustee or trust director to exercise a power conferred by this Code section. (n) 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. (o) 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. (p) 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. (q) This Code section shall apply to any trust the meaning and effect of whose trust provisions are determined by the law of this state. (r) This Code section shall not apply to charitable trusts."

SECTION 1-78. Said title is further amended by revising Code Section 53-12-81, relating to limitations on creditors' rights to discretionary distributions, as follows:
"53-12-81. A transferee or creditor of a beneficiary shall not compel the trustee or a trust director to pay any amount that is payable only in the discretion of the trustee or trust director regardless of whether the discretion is expressed in the form of a standard of distribution,

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including, but not limited to, health, education, maintenance, and support, and whether such trustee or trust director 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 1-79. Said title is further amended by revising Code Section 53-12-82, relating to rules for trusts and consideration of assets of an inter vivos marital trust following death, as follows:
"53-12-82. (a)(1) As used in this subsection, the term 'creditor' means: (A) With respect to subparagraphs (A) and (B) of paragraph (2) of this subsection, those creditors of a settlor whose claims against the property of the trust are governed by this article, including those creditors identified in subsection (d) of Code Section 53-12-80; and (B) With respect to subparagraph (C) of paragraph (2) of this subsection, those claimants whose claims against the property of the settlor's estate are governed by Article 4 of Chapter 7 of this title, including those claimants identified in Code Section 53-7-40. (2) Regardless of whether the trust instrument contains a spendthrift provision, the following rules shall apply: (A) During the lifetime of the settlor, the property of a revocable trust shall be subject to claims of the settlor's creditors; (B) With respect to an irrevocable trust: (i) 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 (ii) 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 instrument 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 (C) After the death of a settlor, and subject to the settlor's right to direct the source from which liabilities shall be paid: (i) 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

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creditors of the settlor's estate to the extent the settlor's probate estate is inadequate; and (ii) Payments that would not be subject to the claims of the creditors of the settlor's estate 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 1-80. Said title is further amended by revising Code Section 53-12-170, relating to definition and charitable purposes, as follows:
"53-12-170. (a) A charitable trust is a trust in which the settlor provides that the trust property shall be used exclusively for charitable purposes. (b) Charitable purposes shall include:
(1) The relief of poverty; (2) The advancement of education; (3) The advancement of ethics and religion; (4) The advancement of health; (5) The advancement of science and the arts and humanities; (6) The protection and preservation of the environment; (7) The improvement, maintenance, or repair of cemeteries, other places of disposition of human remains, and memorials; (8) The prevention of cruelty to animals; (9) Governmental purposes; and (10) Other similar subjects having for their object the relief of human suffering or the promotion of human civilization."

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SECTION 1-81. Said title 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) The trustee and 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; or (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 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) The trustee and 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 that 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.

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More than $500,000.00 but not more $8,750.00 plus 1.25 percent of the than $1 million. . . . . . . . . . . . . . . . . . . excess over $500,000.00.
More than $1 million but not more $15,000.00 plus 1.00 percent of the than $2 million. . . . . . . . . . . . . . . . . . . excess over $1 million.
More than $2 million but not more $25,000.00 plus 0.85 percent of the than $5 million. . . . . . . . . . . . . . . . . . . excess over $2 million.
More than $5 million. . . . . . . . . . . . . . $50,500.00 plus 0.50 percent of the excess over $5 million."

SECTION 1-82. Said title is further amended by revising Code Section 53-12-241, relating to duty of prudent administration, as follows:
"53-12-241. (a) In administering a trust, the trustee shall exercise the judgment and care of a prudent person acting in a like capacity and familiar with such matters, considering the purposes, provisions, distribution requirements, and other circumstances of the trust. (b) A trustee who invests and manages trust assets owes a duty to the beneficiaries of the trust to comply with the prudent investor rule set forth in Article 16 of this chapter."

SECTION 1-83. Said title is further amended by revising Code Section 53-12-243, relating to duty to provide reports and accounts, as follows:
"53-12-243. (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.
(b)(1) A trustee shall account at least annually, at the termination of the trust, and upon a change of trustees to each beneficiary of an irrevocable trust to whom income is required or authorized in the trustee's discretion to be distributed currently, and to any person who may revoke the trust. At the termination of the trust, the trustee shall also account to each remainder beneficiary. Upon a change of trustees, the trustee shall also account to the successor trustee. (2) An accounting furnished to a beneficiary pursuant to paragraph (1) of this subsection shall contain a statement of receipts and disbursements of principal and income that have occurred during the last complete fiscal year of the trust or since the last accounting to that beneficiary and a statement of the assets and liabilities of the trust as of the end of the accounting period.

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(c) A trustee shall not be required to report information or account to a beneficiary who has waived in writing the right to a report or accounting and has not withdrawn that waiver. (d) Subsections (a) and (b) of this Code section and the common law duty of the trustee to keep the beneficiaries of the trust reasonably informed of the trust and its administration shall not apply to the extent that the provisions of the trust provide otherwise or the settlor of the trust directs otherwise in a writing delivered to the trustee. (e) Nothing in this Code section shall affect the power of a court to require or excuse an accounting."

SECTION 1-84. Said title is further amended by revising Code Section 53-12-261, relating to powers of trustee and limitation based on fiduciary duties, 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;

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(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 (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;

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(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; (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;

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(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 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;

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(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 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

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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 any such agent or representative selected and retained with due care on the part of the fiduciary; provided, however, that, if an attorney in fact is appointed by a power of attorney to which Chapter 6B of Title 10 is applicable under Code Section 10-6B-81, the exercise of the fiduciary powers of the trustee by the attorney in fact shall be subject to Code Section 10-6B-40; (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;

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(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 (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; and (29) To make, modify, and execute contracts and other instruments, under seal or otherwise, as the fiduciary deems advisable. (c) The exercise of a power shall be subject to the fiduciary duties prescribed by this title. (d) If a testator incorporates by reference into a will or a probate court grants to a personal representative any or all of the powers contained in this Code section, then: (1) As used in this Code section, the term: (A) 'Beneficiary' includes a distributee of the estate; (B) 'Trust' includes the estate held by the personal representative; and (C) 'Trustee' or 'fiduciary' includes the personal representative; and (2) A conferral upon a personal representative of the powers provided by paragraph (1) of subsection (b) of this Code section shall not authorize such personal representative to bind the estate by any warranty in any conveyance or contract in violation of subsection (a) of Code Section 53-8-14."

SECTION 1-85. Said title is further amended by revising Code Section 53-12-263, relating to incorporation of powers by reference, as follows:
"53-12-263. (a) By an expressed intention of the testator or settlor contained in a will or in a trust instrument in writing whereby an express trust is created, any or all of the powers or any portion thereof enumerated in this part, as they exist at the time of the signing of the will

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by the testator or at the time of the signing by the first settlor who signs the trust instrument, may be, by appropriate reference made thereto, incorporated in the will or other written instrument with the same effect as though such language were set forth verbatim in the trust instrument. (b) At any time after the execution of a revocable trust, the settlor or anyone who is authorized by the trust instrument to modify the trust may incorporate any or all of the powers or any portion thereof enumerated in this part, as they exist at the time of the incorporation. (c) Incorporation of one or more of the powers contained in this part, by reference to the appropriate portion of Code Section 53-12-261, shall be in addition to and not in limitation of the common-law or statutory powers of the fiduciary.
(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 53-12-261, 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 or granted to a personal representative by a probate court, then: (1) As used in this part, the term:
(A) 'Beneficiary' includes a distributee of the estate. (B) 'Trust' includes the estate held by the personal representative; and (C) 'Trustee' or 'fiduciary' includes the personal representative; and (2) A conferral upon a personal representative of the powers provided by paragraph (1) of subsection (b) of Code Section 53-12-261 or by the corresponding provision of any statute incorporated pursuant to subsection (d) of this Code section shall not authorize such personal representative to bind the estate by any warranty in any conveyance or contract in violation of subsection (a) of Code Section 53-8-14."

SECTION 1-86. Said title is further amended by revising Code Section 53-12-340, relating to investment standard, as follows:
"53-12-340. (a) A trustee shall invest and manage trust assets as a prudent investor would by considering the purposes, provisions, distribution requirements, and other circumstances

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of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution. (b) A trustee's investment and management decisions respecting individual assets shall be evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust. (c) Among the factors that a trustee shall consider in investing and managing trust assets are such of the following as are relevant to the trust or its beneficiaries:
(1) General economic conditions; (2) The possible effect of inflation or deflation; (3) Anticipated tax consequences; (4) The attributes of the portfolio; (5) The expected return from income and appreciation; (6) Needs for liquidity, regularity of income, and preservation or appreciation of capital; (7) An asset's special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries or to the settlor; (8) The anticipated duration of the trust; and (9) Any special circumstances. (d) In investing and managing trust assets, the trustee may consider the personal values of the beneficiaries, including but not limited to a desire to engage in investing strategies that align with social, political, religious, philosophical, environmental, governance, or other values or beliefs of the beneficiaries. (e) Any determination of liability for investment performance shall consider not only the performance of a particular investment but also the performance of the portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust. (f) A trustee shall make a reasonable effort to verify facts relevant to the investment and management of trust assets. (g) A trustee may invest in any kind of property or type of investment consistent with the standards of this article. (h) A trustee who has special investment skills or expertise shall have a duty to use those special skills or expertise. A trustee who is named trustee in reliance upon such trustee's representation that such trustee has special investment skills or expertise shall be held liable for failure to make use of such degree of skill or expertise. (i) In investing and managing trust assets, a trustee may only incur costs that are appropriate and reasonable in relation to the assets, the purposes of the trust, and the skills of the trustee. (j) A trustee that is a bank or trust company shall not be precluded from acquiring and retaining the securities of or other interests in an investment company or investment trust because the bank or trust company or an affiliate provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar,

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sponsor, distributor, manager, or otherwise and receives compensation for such services, if the costs are otherwise appropriate and reasonable in relation to the assets."

SECTION 1-87. Said title is further amended by revising Code Section 53-12-500, relating to definitions, as follows:
"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:
(A) Designate a recipient of either an ownership interest in or another power of appointment over trust property; (B) Rescind or terminate either an ownership interest in or another power of appointment over trust property; and (C) Determine when a beneficiary shall have the rights granted under Code Sections 53-12-242 and 53-12-243 or similar rights granted under the governing instrument. (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 in a capacity other than 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, where a trustee may not act without such consent; and all further powers appropriate to the exercise or nonexercise of such powers held by the trust director pursuant to subsection (a) of Code Section 53-12-502. 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 in a capacity other than as a trustee, regardless of whether the trust instrument refers to such person as a trust director and regardless of whether the person is a beneficiary or settlor of the trust."

SECTION 1-88. Said title is further amended by revising Code Section 53-12-501, relating to application of article and construction of trust instrument, as follows:
"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.

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(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 both: (A) The trust instrument provides such power is held in a nonfiduciary capacity; and (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 granted to a person to designate a recipient of an ownership interest in or power over trust property that is exercisable in a capacity other than as a trustee is a power of appointment and not a power of direction."

SECTION 1-89. Said title is further amended by revising Code Section 53-12-502, relating to authority, procedures, and powers of trust directors, as follows:
"53-12-502. (a) Except as otherwise provided in this Code section, a trust instrument may grant powers of direction to a trust director. (b) Except as otherwise provided in the trust instrument, when a trust instrument grants powers of direction to a trust director, the trust director shall have any further powers appropriate to the exercise or nonexercise of the powers of direction. (c) A trust director shall have the same power to employ and compensate persons, subject to the same limitations, that a trustee has under paragraph (23) of subsection (b) of Code Section 53-12-261. (d) 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. (e) 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."

SECTION 1-90. Said title is further amended by revising Code Section 53-12-503, relating to role of directors and petitioning court for instructions, as follows:

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"53-12-503. (a) Except as otherwise provided in this article, with respect to a power of direction,
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. (b) Where a trust director individually holds a power of direction, the trust director shall not have the liability of a cotrustee, whether under Code Section 53-12-305 or otherwise, with respect to a trustee or other trust director. Where a trust director holds a power of direction jointly with a trustee or other trust director, the trust director shall have the liability of a cotrustee, whether under Code Section 53-12-305 or otherwise, with respect to a trustee or other trust director regarding the actions of that trustee or other trust director that are within the scope of the jointly held power. (c) Except as otherwise provided in the trust instrument, a trust director shall not have the duties imposed by Code Section 53-12-242 and subsection (b) of Code Section 53-12-243. (d) Without limiting the scope of subsection (a) of this Code section: (1) The trust instrument may vary a 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; (2) An action against a trust director for breach of trust must be commenced within the same limitation period as under Code Section 53-12-307 for an action for breach of trust against a trustee in a like position and under similar circumstances; and (3) A report or accounting shall have the same effect on the limitation period for an action against a trust director for breach of trust that the report or accounting would have under Code Section 53-12-307 in an action for breach of trust against a trustee in a like position and under similar circumstances. (e) A trust instrument may make the existence of a trust director's power of direction contingent upon the occurrence of certain events, including a request to the trust director from a beneficiary or other similar party. A trust instrument may also provide that a trust director's power of direction terminates or is rescinded upon the occurrence of certain events, including but not limited to the passage of a specified period of time after a request. For purposes of Code Section 53-12-501, when a power of direction is contingent upon a request to a trust director from a person identified in the trust instrument, such person shall be deemed to hold a power of appointment. (f) 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. Except as otherwise provided in the trust instrument, during the time a power of direction is delegated in accordance with this subsection, the trust director making such delegation shall not be subject to a fiduciary obligation to monitor the trustee's exercise or nonexercise of the delegated power.

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(g) Subject to subsection (j) of this Code section, a trust director shall: (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.
(h) 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 the trust director acts in bad faith. (i) 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.
(j)(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 from a trustee or another trust director. (2) By taking one of the actions described in paragraph (1) of this subsection, a trust director does not assume any of the duties excluded by this subsection. (k) A trust instrument may impose a duty or liability on a trust director in addition to the duties and liabilities under this Code section. (l) A trust director that has reasonable doubt about a duty imposed by this Code section may petition the court for instructions. (m) 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 amended, and regulations issued thereunder; and (2) A charitable interest in the trust."

SECTION 1-91. Said title is further amended by revising Code Section 53-12-504, relating to directed trustees, role, trustee's duty as to directed trustee, and petitioning court for instructions, as follows:

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"53-12-504. (a) Unless compliance by the directed trustee would clearly constitute an act committed in bad faith 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. A directed trustee must not comply with a trust director's exercise or nonexercise of a power of direction to the extent that compliance by the directed trustee would clearly constitute an act committed in bad faith. (b) For purposes of subsection (a) of this Code section, a direction from a trust director shall be within the scope of the trust director's powers of direction if the directed trustee believes in good faith that the direction is within the trust director's powers of direction. (c) Subject to subsection (f) of this Code section, a directed trustee shall:
(1) Except as provided otherwise in the trust instrument, provide information to a trust director as if the trust director were a 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 trust director's powers and duties regarding the trust. (d) 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 acts in bad faith. (e) 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. (f)(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 (c) 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) If compliance with a direction from the trust director would constitute an act committed in bad faith, take any action in response to such direction 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 from the trust director. (2) By taking one of the actions described in paragraph (1) of this subsection, a directed trustee does not assume any of the duties excluded by this subsection.

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(g) 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 in bad faith or by the provision of false or incomplete information by the trustee. (h) A trust instrument may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this Code section. (i) A directed trustee that has reasonable doubt about a duty imposed by this Code section may petition the court for instructions."

SECTION 1-92. Said title is further amended by revising Code Section 53-12-506, relating to statutory provisions applicable to trust directors, defenses available to trust directors, and jurisdiction, as follows:
"53-12-506. (a) An individual shall be eligible to serve as a trust director regardless of citizenship and residency. If the trust director is a corporation, partnership, or other entity, it shall be required to have the power to act as a trustee in Georgia. (b) The rules applicable to a trustee apply to a trust director regarding:
(1) Jurisdiction under Code Section 53-12-6; (2) Appointment and acceptance, compensation, and resignation and removal of trustees under Article 11 of this chapter; (3) Accounting under Article 12 of this chapter; and (4) Nonresidents and foreign entities acting as trustees under Article 15 of this chapter. (c) 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. (d) 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. (e) As used in this Code, where the context requires or permits, the term 'trustee' includes a trust director."

SECTION 1-93. Said title is further amended by revising Code Section 53-13-2, relating to definitions, as follows:
"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)(A) '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

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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. (B) Such term shall not include a:
(i) Health care agent, as defined in paragraph (6) of Code Section 31-32-2,; (ii) 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; or (iii) Person to whom power and authority regarding the care and custody of a child, including temporary written permission to seek emergency medical treatment or other services for a child, has been delegated under Article 4 of Chapter 9 of Title 19. (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, but shall not include a conservator appointed pursuant to paragraph (1) of Code Section 9-16-14 unless the order appointing such conservator expressly so states and the proceeding pursuant to Chapter 16 of Title 9 in which such conservator is appointed concerns specific property consisting of or including digital assets. (5) 'Content of an electronic communication' means information concerning the substance or meaning of the communication which: (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.

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(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 data bases. (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, or other legal or commercial entity. (17) 'Personal representative' means an original, additional, or successor executor, administrator, county administrator, or administrator with the will annexed, or a person legally authorized to perform substantially the same functions. (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. (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.

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(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 an original, additional, or 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."

SECTION 1-94. Said title is further amended in Article 1 of Chapter 13, relating to general provisions, by adding a new Code section to read as follows:
"53-13-4. In any proceeding brought pursuant to this chapter, service of notice shall be made in the manner provided by Chapter 11 of this title."

PART II SECTION 2-1.

Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to general provisions regarding certiorari and appeals to appellate courts generally, is amended by revising Code Section 5-6-16, relating to time for appeal by representative where party dies after trial, effect of entry of appeal and of failure to enter appeal, and when appeal heard, as follows:
"5-6-16. (a)(1) When either the plaintiff or the defendant dies after a case has been tried and before the expiration of the time within which the party, if living, might have entered an appeal, and no appeal has been entered, the personal representative of the estate of the deceased party may enter an appeal within 30 days from the time such personal representative qualifies. (2) If an appeal is not entered within the time prescribed in this Code section, judgment may be entered and execution issued as though the deceased party were alive, without making the personal representative a party. (3) For purposes of this subsection, the term 'personal representative' includes temporary administrators, subject to the provisions of Code Sections 53-6-31 and 53-7-4. (b)(1) When an appeal is entered as provided in paragraph (1) of subsection (a) of this Code section, it shall not be necessary to revive the action, but it shall be revived by the

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appealing party giving notice to the adverse party within 30 days from the time of entering the appeal. (2) When a defendant appeals as provided in paragraph (1) of subsection (a) of this Code section, the case shall stand for trial on the appeal docket at the first term of the court after the expiration of six months from the qualification of the personal representative. (c) Nothing in paragraph (2) of subsection (a) or paragraph (2) of subsection (b) of this Code section shall impair the operation or limit the applicability of Article 4 of Chapter 7 of Title 53. "

SECTION 2-2. Part 12 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to deposits of deceased depositors, is amended by revising Code Section 7-1-239, relating to definitions, payment of large deposits of deceased intestate depositors, affidavit for disbursement, and form for affidavit, as follows:
"7-1-239. (a) As used in this Code section, the term:
(1) 'Affidavit of the provider' means the form provided for in subsection (e) of this Code section. (2) 'Financial institution' means any federally chartered financial institution or state chartered financial institution, including, but not limited to, those chartered by states other than the State of Georgia whose deposits are federally insured. (b) Except as provided in subsection (c) of this Code section and in Article 8 of this chapter, whenever any person dies intestate having a deposit of not more than $15,000.00 in a financial institution, such financial institution, upon receipt of an affidavit, shall be authorized to pay the proceeds of such deposit directly to the following individuals: (1) To the surviving spouse; (2) If no surviving spouse, to the children pro rata; (3) If no children or surviving spouse, to the father and mother pro rata; or (4) If none of the above, then to the brothers and sisters of the decedent pro rata. Such affidavit shall state that such individuals qualify as the proper relation to the decedent as specified in this subsection, there is no known will of the decedent, and that there are no other known corresponding claimants to such deposit. (c) Except as provided in Article 8 of this chapter and in paragraph (2) of subsection (d) of this Code section, if no application for the deposit is made by any person named in subsection (b) of this Code section within 45 days from the death of the intestate depositor, the financial institution shall be authorized to apply not more than $15,000.00 of the deposit of such deceased depositor in payment of the funeral expenses and expenses of the last illness of such deceased depositor upon the receipt of itemized statements of such expenses and the affidavit of the providers of such services that the itemized statements are true and correct and have not been paid. Except as otherwise provided in paragraph (2) of subsection (d) of this Code section, the financial institution applying such deposit as

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authorized in this subsection shall pay such expenses in the order received after the death of the depositor.
(d)(1) Except as otherwise provided in paragraph (2) of this subsection, payments made in compliance with this Code section shall operate as a complete acquittal and discharge to the financial institution of liability from any suit, claim, or demand of whatever nature by any heir, distributee, or creditor of the decedent, or any other person. Except as otherwise provided in paragraph (2) of this subsection, the financial institution may rely on a properly executed affidavit in disbursing the funds in accordance with this Code section. (2) The protection provided by paragraph (1) of this subsection does not extend to payments made after a financial institution has received:
(A) Written notification sent by any party able to request present payment or the legal representative of any such party to the registered agent of the financial institution by registered or certified mail, return receipt requested, or statutory overnight delivery, expressly stating that payments in accordance with the provisions of this Code section should not be permitted; or (B) Service of notice upon the registered agent of the financial institution of a proceeding in the probate court in the estate of the deceased depositor in accordance with Chapter 11 of Title 53; provided, however, that, if any payment is made pursuant to subsection (c) of this Code section by an employee of the financial institution who is without actual knowledge of such written notification or service of notice within three business days following the receipt of such written notification or service of notice by the registered agent of the financial institution, the protection provided by paragraph (1) of this subsection shall extend to any such payment. (3) A financial institution that is asked to apply funds from the deposit of a deceased depositor as requested in an affidavit of the provider may, without risk of incurring any penalty or liability to any person: (A) Rely on the written notification or service of notice provided by paragraph (2) of this subsection in refusing to disburse the funds as requested in the affidavit of the provider; (B) Delay disbursement of the funds as requested in the affidavit of the provider for up to 180 days following the receipt by the financial institution of such affidavit of the provider; and (C) Decline to disburse funds from the deposit of the deceased depositor except as authorized or directed in an order entered by the probate court having jurisdiction over the estate of the deceased depositor. (4) Notwithstanding subsection (c) of this Code section or any other provision of this subsection, payments made pursuant to an order entered by the probate court having jurisdiction over the estate of a deceased depositor shall operate as a complete acquittal

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and discharge to the financial institution of liability from any suit, claim, or demand of whatever nature by any heir, distributee, or creditor of the decedent, or any other person. (5) Nothing in this subsection shall relieve the liability of or limit the availability of any remedies against any provider of services giving an affidavit in the form provided for in subsection (e) of this Code section for any violation of Code Section 16-10-71, Code Section 53-6-2, or other applicable law. (e) A document substantially in the following form shall be used as the affidavit of the providers of services of funeral expenses and expenses of last illnesses of deceased depositors: 'State of Georgia County of ________________

STATUTORY AFFIDAVIT FORM

___________________________ from ___________________________ attests that

(Claimant)

(Facility)

___________________________ died on the _____ day of ______________, 20_____.

(Deceased)

On information and belief, the Deceased has funds on deposit with ________________.

(Financial Institution)

Under O.C.G.A. 7-1-239, such Financial Institution is authorized to pay the proceeds

of the Deceased's deposits, but in no event more than $15,000.00, directly to the

following persons identified, collectively, as potential recipient(s):

1. To the surviving spouse;

2. If no surviving spouse, to the children pro rata;

3. If no children or surviving spouse, to the father and mother pro rata; or

4. If none of the above, then to the brothers and sisters of the decedent pro rata.

Except as provided for by Article 8 in Title 7 of the O.C.G.A., if no request for the

Deceased's deposit is made by a potential recipient(s) within 45 days from the

Deceased's death, the Financial Institution is authorized to release up to $15,000.00 for

funeral expenses and expenses of the last illness of the Deceased upon the receipt of

itemized statements of such expenses and this executed attestation.

The Claimant attests that there is no known will of the Deceased and there is no known

potential recipient of the Deceased's deposits. The Claimant also attests that funeral

expenses or expenses of the last illness in the amount of $ __________ were incurred

related to the Deceased and that true and correct copies of the itemized receipts fully

supporting such amount are attached to this affidavit. Finally, the Claimant further

attests that such expenses have not been paid as of the date of execution of this

affidavit.

Pursuant to O.C.G.A. 7-1-239, the Claimant submits this form in order to receive

payment in the amount of $__________ (shall not exceed $15,000.00) for outstanding

funeral expenses or expenses of the last illness of the Deceased.

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____________________________ Signature of Claimant

Sworn and subscribed before me this ______ day of ______________, 20__.

___________________________________ Notary public (SEAL)
My commission expires: _______________.'"

SECTION 2-3. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended in Article 2 of Chapter 3, relating to specific periods of limitation, by adding a new Code section to read as follows:
"9-3-36. (a) In no event may claims against a decedent's estate that arose before the death of the decedent be brought more than six years after the date of the decedent's death. (b) Subsection (a) of this Code section is intended to create a six-year statute of ultimate repose and abrogation. (c) Nothing in this Code section shall be construed as placing a limitation on the time for commencing a proceeding to enforce any mortgage, pledge, or other lien upon property owned by a decedent immediately prior to the decedent's death."

SECTION 2-4. Said title is further amended by revising Code Section 9-4-4, relating to declaratory judgments involving fiduciaries, as follows:
"9-4-4. (a) Without limiting the generality of Code Sections 9-4-2, 9-4-3, 9-4-5 through 9-4-7, and 9-4-9, any person interested as or through an executor, administrator, personal representative, trustee, guardian, conservator, or other fiduciary, creditor, devisee, distributee, legatee, heir, next of kin, or beneficiary in the administration of a trust or of the estate of a decedent, a minor, a ward, an incapacitated person, a protected person, a person who is otherwise legally incompetent because of mental illness or intellectual disability, or an insolvent may have a declaration of rights or legal relations in respect thereto and a declaratory judgment:
(1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, beneficiaries, or others; (2) To direct the executor, administrator, trustee, or other fiduciary to do or abstain from doing any particular act in his or her fiduciary capacity;

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(3) To determine title to property in which the trust or estate has or is purported to have an ownership or other interest; or (4) To determine any question arising in the administration of the estate or trust, including questions of construction of wills, trust instruments, and other writings. (b) The enumeration in subsection (a) of this Code section does not limit or restrict the exercise of general powers conferred in Code Section 9-4-2 in any proceeding covered thereby where declaratory relief is sought in which a judgment or decree will terminate the controversy or remove the uncertainty."

SECTION 2-5. Said title is further amended by revising Code Section 9-4-5, relating to filing and service, time of trial, and drawing of jury, as follows:
"9-4-5. A proceeding instituted under this chapter shall be filed and served as are other cases in the superior courts of this state or in the Georgia State-wide Business Court; provided, however, that a proceeding instituted in the probate court pursuant to paragraph (1) of subsection (a) of Code Section 15-9-127 shall be filed and served in the manner provided for proceedings in the probate courts of this state in Chapter 11 of Title 53. A proceeding instituted under this chapter may be tried at any time designated by the court not earlier than 20 days after the service thereof, unless the parties consent in writing to an earlier trial. If there is an issue of fact that requires a submission to a jury, the jury may be drawn, summoned, and sworn either in regular term or specially for the pending case."

SECTION 2-6. Said title is further amended by adding a new Code section to read as follows:
"9-4-11. A declaratory judgment proceeding brought in the probate court as provided in paragraph (1) of subsection (a) of Code Section 15-9-127 may be combined with or made a part of any proceeding properly before the probate court to the greatest extent that does not infringe the exclusive jurisdiction of the superior courts pursuant to Article VI, Section IV, Paragraph I of the Constitution of this state."

SECTION 2-7. Said title is further amended by revising Code Section 9-11-17, relating to real party in interest and capacity, as follows:
"9-11-17. (a) Real party in interest. Every action shall be prosecuted in the name of the real party in interest. A personal representative, a temporary administrator, a guardian, a conservator, a bailee, a trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may bring an action in his or her own name without joining with him or her the party for whose benefit the

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action is brought; and, when a statute so provides, an action for the use or benefit of another shall be brought in the name of the state. No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder, or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest. (b) Capacity to bring or defend an action. The capacity of an individual, including one acting in a representative capacity, to bring or defend an action shall be determined by the law of this state. The capacity of a corporation to bring or defend an action shall be determined by the law under which it was organized, unless a statute of this state provides to the contrary. (c) Infants or incompetent persons. Whenever an infant or incompetent person has a representative, such as a general guardian, committee, conservator, or other like fiduciary, the representative may bring or defend an action on behalf of the infant or incompetent person. If an infant or incompetent person does not have a duly appointed representative, he or she may bring an action by his or her next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person. No next friend shall be permitted to receive the proceeds of any personal action, in the name and on behalf of an infant or incompetent person, until such next friend shall have entered into a sufficient bond to the Governor, for the use of the infant and the infant's representatives, conditioned well and fully to account for and concerning such trust, which bond may be sued on by order of the court in the name of the Governor and for the use of the infant. Such bond shall be approved by the court in which the action is commenced and such approval shall be filed in such clerk's office."

SECTION 2-8. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising Code Section 10-6-4, relating to fiduciaries may convey by attorneys in fact, as follows:
"10-6-4. (a) Personal representatives, guardians, conservators, and trustees are authorized to sell and convey property by attorneys in fact in all cases where they may lawfully sell and convey in person. (b) When a personal representative, guardian, conservator, or trustee exercising the authority conferred by subsection (a) of this Code section appoints an attorney in fact by a power of attorney to which Chapter 6B of this title is applicable under Code Section 10-6B-81, the exercise of fiduciary powers by such attorney in fact under such power of attorney shall be subject to Code Section 10-6B-40."

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SECTION 2-9. Said title is further amended by revising Code Section 10-6-86, relating to liability of person signing instrument as agent or fiduciary, as follows:
"10-6-86. An instrument signed by one as agent, trustee, conservator, guardian, administrator, executor, or the like, without more, shall be the individual undertaking of the maker, except as otherwise provided by Code Sections 11-3-402, 13-5-30, 29-2-21, 29-3-21, 29-4-22, 29-5-22, 53-8-14, and 53-12-308, such words being generally words of description."

SECTION 2-10. Said title is further amended by revising Code Section 10-6B-3, relating to applicability, 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) A power created by a person other than an individual; (6) A power that grants authority with respect to a single transaction or series of related transactions involving real estate; (7) A power given to a transfer agent to facilitate a specific transfer or disposition of one or more identified stocks, bonds, or other financial instruments; (8) A power authorizing a financial institution or broker-dealer, or an employee of the financial institution or broker-dealer, to act as agent for the account owner in executing trades or transfers of cash, securities, commodities, or other financial assets in the regular course of business; (9) Powers of attorney provided for under Titles 19 and 33; and (10) As set forth in Code Section 10-6B-81."

SECTION 2-11. Said title is further amended by revising subparagraph (a)(1)(A) of, and adding a new subsection to, Code Section 10-6B-40, relating to agent authority that requires specific grant and granting of general authority, as follows:

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"(A) Create, fund, amend, revoke, or terminate an inter vivos trust, other than a trust created pursuant to 42 U.S.C. Section 1396p(d)(4)(B) as provided under subsection (d) of Code Section 53-12-20;" "(i) An agent under a power of attorney that does not expressly grant the agent the authority to do an act described in paragraph (1) of subsection (a) of this Code section or Code Sections 10-6B-43 through 10-6B-55 may petition the court for authority to do such act that is reasonable under the circumstances."

SECTION 2-12. Said title is further amended by revising subparagraph (a)(1)(D) of Code Section 10-6B-52, relating to personal and family maintenance, as follows:
"(D) The principal's minor descendants 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;"

SECTION 2-13. Article 2 of Chapter 5 of Title 13 of the Official Code of Georgia Annotated, relating to statute of frauds, is amended by revising Code Section 13-5-30, relating to agreements required to be in writing, as follows:
"13-5-30. (a) 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 a conservator, guardian, personal representative, 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. (b) Any agreement to modify, alter, cancel, repeal, revoke, release, or rescind a promise, agreement, contract, or commitment provided for in subsection (a) of this Code section must be in writing and signed by all parties to such agreement; provided, however, that if the party against whom enforcement of such agreement under this subsection is sought admits in a pleading, in testimony, or otherwise in court that the agreement was made, then such agreement is enforceable if valid in all other respects."

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SECTION 2-14. Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, is amended by revising Code Section 15-9-4, relating to additional judicial eligibility requirements in certain counties, as follows:
"15-9-4. (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. (b) Except as otherwise provided by subsection (c) of this Code section, in any county of this state having a population of more than 90,000 persons according to the United States decennial census of 2010 or any future such census and in which the probate court of such county meets the definition of a probate court as provided by Article 6 of this chapter, no individual shall be judge of the probate court unless at the time of election, in addition to the qualifications required by law, he or she has attained the age of 30 years, has been admitted to practice law for seven years preceding election, is a member in good standing with the State Bar of Georgia, and has been duly reinstated to the practice of law in the event of his or her disbarment therefrom. (c) A judge of the probate court holding such office on or after June 30, 2000, shall continue to hold such office and shall be allowed to seek reelection for such office. Notwithstanding the requirement that in certain counties the judge of the probate court be admitted to practice law for seven years preceding election, no decision, judgment, ruling or other official action of any judge of the probate court shall be overturned, denied, or overruled based solely on this requirement for qualification, election, and holding the office of judge of the probate court."

SECTION 2-15. 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 notice on a minor or an incapacitated adult is required by law or ordered by the probate court, such service of notice 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, return receipt requested; and (2) Serving the guardian of such minor or incapacitated adult if such guardian:
(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.

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(b) The acknowledgment of service and certification of such guardian and the certificate of the service by mailing on such minor or incapacitated adult shall be filed with the probate court as proof of such service of notice. (c) As used in this Code section, the term 'guardian' shall have the same meaning provided in Code Section 53-1-2."

SECTION 2-16. Said chapter is further amended by revising Code Section 15-9-47, relating to default judgments, as follows:
"15-9-47. (a) If in any case pending before the probate court an answer, caveat, or other responsive pleading has not been filed within the time required by law or by lawful order of the court, the case shall automatically become in default unless the time for filing the answer, caveat, or other responsive pleading has been extended as provided by law. The petitioner at any time thereafter shall be entitled to verdict and judgment by default, in open court or in chambers, as if every item and paragraph of the petition or other pleadings filed in the matter were supported by proper evidence. At any time before final judgment, the court, in its discretion, upon payment of costs, may allow the default to open for providential cause preventing the filing of required pleadings or for excusable neglect or where the judge, from all the facts, shall determine that a proper case has been made for the default to open, on terms to be fixed by the court. In order for the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and shall announce ready to proceed with the hearing in the matter. (b) The provisions of this Code section shall govern in proceedings pertaining to defaults in the probate court, and the provisions of Code Section 9-11-55 shall not be applicable to such proceedings."

SECTION 2-17. Said chapter is further amended by revising Code Section 15-9-60, relating to fees, as follows:
"15-9-60. (a) The judges or clerks of the probate courts of this state shall be entitled to charge and collect the sums enumerated in this Code section. (b) All sums that the probate courts may be required to collect pursuant to Code Sections 15-23-7, 15-9-60.1, and 36-15-9 and all other sums as may be required by law shall be in addition to the sums provided in this Code section. The sums provided for in this Code section are exclusive of costs for service of process, fees for publication of citation or notice, or any additional sums as may be provided by law. (c) The fees provided for in this Code section shall be paid into the county treasury less and except only such sums as are otherwise directed to be paid by law, which sums shall be remitted as provided by law by either the probate court or the county.

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(d) Subject to the provisions of Code Section 15-9-61, and except for the filing of a proceeding in which the filing party also files with the court a sworn affidavit that the party is unable because of indigence to pay the cost of court, all sums specified in this Code section shall be paid to the court at the time of filing or as thereafter incurred for services rendered. In accordance with Code Section 15-9-61, the judges of the probate courts are entitled to an advance cost of $30.00 for deposit to be made before filing any proceeding. (e) Cost in decedent's estates:
(1) Except as otherwise provided, the cost in an initial proceeding regarding the estate of a decedent or of a missing individual believed to be dead shall be $130.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order on such initial proceedings, exclusive of recording charges; (2) As used in this subsection, the term 'initial proceeding' shall mean the first proceeding filed in the probate court in connection with or regarding the estate of a decedent or of a missing individual believed to be dead, including, but not necessarily limited to, the following proceedings: petition for temporary letters of administration; petition for letters of administration; petition to probate will in common form; petition to probate will in solemn form; petition to probate will in solemn form and for letters of administration with will annexed; petition for order declaring no administration necessary; petition for year's support; petition for presumption of death of missing individual believed to be dead; any proceeding for ancillary administration by a foreign personal representative; or any other proceeding by which the jurisdiction of the probate court is first invoked with regard to the estate of a decedent or of a missing individual believed to be dead; (3) As used in this subsection, the term 'initial proceeding' shall not include a petition to establish custodial account for missing heir, a petition to enter a safe-deposit box, or any other petition or proceeding for which a specific cost is otherwise set forth in this Code section; (4) Except as otherwise provided, the cost shall be $75.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order, exclusive of recording charges, in any of the proceedings listed in paragraph (2) of this subsection filed subsequent to the filing of an initial proceeding regarding the estate of the same decedent or missing individual believed to be dead; (5) Except as otherwise provided, the cost shall be $50.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order, exclusive of recording charges, for the filing of the following proceedings or pleadings regarding the estate of a decedent or of a missing individual believed to be dead: petition for letters of administration with will annexed (will previously probated); petition of personal representative for leave to sell property; petition for leave to sell perishable property; petition for leave to sell or encumber property previously set aside as year's support; petition by administrator for waiver of bond, grant of certain powers, or both; petition for discharge; petition by personal representative for approval of a division in kind; petition

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to determine heirs; petition by personal representative for direction under will; petition by personal representative to compromise a disputed claim or debt; petition by or against personal representative for an accounting or final settlement; petition to resign as personal representative and for the appointment of a successor; petition to remove a personal representative and for the appointment of a successor; citation against a personal representative for failure to make returns or for alleged mismanagement of estate; a caveat, objection, or other responsive pleading by which the proceeding becomes contested filed by any person to whom notice or citation has been issued; petition or motion to intervene as an interested party; and any other petition application, motion, or other pleading for which no specific cost is set forth in this Code section filed regarding the estate of a decedent or of a missing individual believed to be dead; (6) Except as otherwise provided, the cost shall be $25.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order, exclusive of recording charges, for the filing of the following proceedings, pleadings, or documents regarding the estate of a decedent or of a missing individual believed to be dead: petition to change accounting period; petition to enter a safe-deposit box; petition or motion for attorneys' fees; petition or motion of personal representative for extra compensation; or inventory, appraisement, or annual, intermediate, or final returns of personal representatives; and (7) Except as otherwise provided, the cost shall be $10.00 for all services rendered by the judge or clerk of the probate court, exclusive of recording charges, for the filing of the following proceedings, pleadings, or documents regarding the estate of a decedent or of a missing person believed to be dead: notice of claim or claim of a creditor, if such notice or claim is filed with and accepted by the court; declination to serve of nominated personal representative; or renunciation of right of succession. (f) Costs in minor guardianship and conservatorship matters: (1) Except as otherwise provided, the cost in a proceeding regarding the person, property, or person and property of a minor shall be $75.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order on such proceeding, exclusive of recording charges, including, but not necessarily limited to, the following proceedings: petition for temporary letters of guardianship of a minor; petition for letters of guardianship, conservatorship, or guardianship and conservatorship of a minor by person other than natural guardian; petition for letters of conservatorship of a minor, by natural guardian, with bond -- personal property over $5,000.00; petition for order that natural guardian not be required to become legally qualified conservator; application of guardian, conservator, or guardian and conservator for letters of dismission; or any other proceeding by which the jurisdiction of the probate court is first invoked with regard to the person, property, or person and property of a minor; and (2) Except as otherwise provided, the costs for all services rendered by the judge or clerk of the probate court shall be as set forth below for the following proceedings, pleadings,

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or documents regarding the person, property, or person and property of a minor, exclusive of recording charges:
(A) Petition of conservator for leave to sell. . . . . . . . . . . . . . . . . . . . . . $ 70.00

(B) Petition to compromise doubtful claim of minor. . . . . . . . . . . . . . .

70

(C) Petition for leave to encroach on corpus. . . . . . . . . . . . . . . . . . . . .

30

(D) Petition to change accounting period. . . . . . . . . . . . . . . . . . . . . . . .

25

(E) Inventory or annual, intermediate, or final return (each). . . . . . . . .

30

(F) Petition or motion for attorneys' fees. . . . . . . . . . . . . . . . . . . . . . . .

70

(G) Petition to terminate temporary guardianship of minor. . . . . . . . . .

30

(H) Any other petition, application, motion, or other pleading for which

no specific cost is set forth in this Code section filed regarding an

existing guardianship or conservatorship of a minor.. . . . . . . . . . . . . . .

30

(g) Costs in adult guardianship and conservatorship matters: (1) Except as otherwise provided, the cost in a proceeding regarding the person, property, or person and property of an adult alleged to be incapacitated shall be $150.00 for all services rendered by the judge or clerk of the probate court through the entry of the final order on such proceeding, exclusive of recording charges, including, but not necessarily limited to, the following proceedings: petition for the appointment of an

emergency guardian, conservator, or guardian and conservator for an alleged gravely

incapacitated adult; petition for the appointment of an emergency and permanent

guardian, conservator, or guardian and conservator for an alleged gravely incapacitated

adult; petition for the appointment of a guardian, conservator, or guardian and

conservator for an alleged incapacitated adult; or any other proceeding by which the

jurisdiction of the probate court is first invoked with regard to an adult alleged to be

incapacitated; and

(2) Except as otherwise provided, the cost for all services rendered by the judge or clerk

of the probate court shall be as set forth below for the following proceedings, pleadings,

or documents regarding the person, property, or person and property of an incapacitated

adult, exclusive of recording charges:

(A) Petition of conservator for leave to sell. . . . . . . . . . . . . . . . . . . . . . $ 70.00

(B) Petition to compromise doubtful claim. . . . . . . . . . . . . . . . . . . . . .

70

(C) Petition for leave to encroach on corpus. . . . . . . . . . . . . . . . . . . . .

30

(D) Petition to change accounting period. . . . . . . . . . . . . . . . . . . . . . . .

25

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(E) Inventory or annual, intermediate, or final return (each). . . . . . . . .

30

(F) Petition or motion for attorneys' fees. . . . . . . . . . . . . . . . . . . . . . . .

70

(G) Petition to terminate or modify guardianship or conservatorship of

incapacitated adult. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70

(H) Application of guardian or conservator for letters of dismission. .

75

(I) Any other petition, application, motion, or other pleading for which

no specific cost is set forth in this Code section filed regarding an

existing guardianship or conservatorship of an adult. . . . . . . . . . . . . . .

70

(h) Costs in matters involving sterilization, involuntary treatment, habilitation, or

temporary placement:

(1) Except as otherwise provided, the cost in a proceeding filed under Chapter 20 of

Title 31, Chapter 36A of Title 31, or Chapter 3, 4, or 7 of Title 37 shall be $130.00 for

all services rendered by the judge or clerk of the probate court through the entry of the

final order on such proceeding, exclusive of recording charges;

(2) There shall be no cost assessed for the receipt and consideration of affidavits in support of an order to apprehend under Part 1 of Article 3 of Chapter 3 of Title 37 or Part 1 of Article 3 of Chapter 7 of Title 37 or for the issuance of the order to apprehend; and (3) There shall be no cost assessed for the receipt and consideration of a petition in support of an order to apprehend under Part 3 of Article 3 of Chapter 3 of Title 37 or

Part 3 of Article 3 of Chapter 7 of Title 37 or for the issuance of the order to apprehend

a patient alleged to be in noncompliance with an involuntary outpatient treatment order.

(i) Costs for hearings in contested matters:

(1) For conducting trials of contested matters or for formal hearing on the denial of an

application for a weapons carry license before the probate court, the cost shall be $30.00

per one-half day or portion thereof;

(2) There shall be no additional cost for the initial hearing in adult guardianship or

conservatorship matters or in matters involving sterilization, involuntary treatment,

habilitation, or involuntary placement; and

(3) There shall be no cost for any hearing in an uncontested matter.

(j) Custodial accounts. For each account accepted by the judge of the probate court as

custodian for a minor, incapacitated adult, or missing or unknown heir or beneficiary, there

shall be a one-time fee of 8 percent of the fund deducted from the fund when first accepted. (k) Miscellaneous costs. Except as otherwise provided, the judge or clerk of the probate court shall be entitled to the following costs for the proceedings, pleading, documents, or services itemized:

(1) Application for writ of habeas corpus. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75.00

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(2) Petition to establish lost papers, exclusive of recording charges. . . . . .
(3) Petition for or declaration of exemptions. . . . . . . . . . . . . . . . . . . . . . . .
(4) Petition to change birth certificate.. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) For all services rendered by the judge or clerk of the probate court through the entry of the final order, exclusive of recording charges, for any application or petition by which the jurisdiction of the probate court is first invoked for which no cost is set forth in this Code section or other applicable law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Issuance of any order, including a rule nisi, in any matter for which the costs set forth in this Code section do not include all services to be rendered by the judge or clerk of the probate court, exclusive of recording charges.
(7) Motions, amendments, or other pleadings filed in any matter for which the cost set forth in this Code section does not include all services to be rendered by the judge or clerk of the probate court, exclusive of recording charges, and no other cost is set forth in this Code section. . . . . . . . . . . . . .
(8) For processing appeals to superior court, exclusive of recording charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) For issuance of writ of fieri facias (fi.fa.). . . . . . . . . . . . . . . . . . . . . . . .
(10) For all services rendered by the judge or clerk of the probate court in the exercise of concurrent jurisdiction pursuant to Code Section 15-9-127 for which no cost is set forth in this Code section. The sums charged shall be the same as those charged for such services in the superior court pursuant to Code Section 15-6-77 or other applicable law.
(11) For issuance of permit to discharge fireworks.. . . . . . . . . . . . . . . . . . .
(12) Application for weapons carry license (exclusive of fees charged by other agencies for the examination of criminal records and mental health records). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13) For issuance of a replacement weapons carry license. . . . . . . . . . . . . .
(13.1) For issuance of personal identification cards to judges or Justices. The fee shall be determined by The Council of Probate Court Judges of Georgia pursuant to Code Section 15-25-3.
(14) Application for marriage license if the applicants have completed premarital education pursuant to Code Section 19-3-30.1. . . . . . . . . . . . . . .

50 25 75
70 30
15 30 10
30 30
6
No fee

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(14.1) Application for a marriage license if the applicants have not completed premarital education pursuant to Code Section 19-3-30.1. . . . . . (15) For the safekeeping of a will. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (16) For issuance of a veteran's license.. . . . . . . . . . . . . . . . . . . . . . . . . . . . (17) Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (18) For issuance of a certificate of residency. . . . . . . . . . . . . . . . . . . . . . . (19) Registration of junk dealer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (20) Certification of publication of application for insurance company charter.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (21) Recording of marks and brands, each. . . . . . . . . . . . . . . . . . . . . . . . . . (22) Exemplification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (23) Certification under seal of copies (plus copy cost). . . . . . . . . . . . . . . . (24) Certified copies of letters of personal representative, temporary administrator, conservator, or guardian, each, including copy cost. . . . . . . . (25) For issuance of a subpoena, each.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . (26) For filing and recording of oath or bond of any official, officer, or employee of any municipality or authority within the county, each.. . . . . . . (27) For filing and recording of oath or bond of county official or officer. (28) For examination of records or files by employee of the probate court to provide abstract of information contained therein or to provide copies therefrom, per estate or name. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (29) Recording, per page. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (30) Copies, per page.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40 15 No fee
10 10
10 15 15 10
10 10
10 No fee
10 2
1.00"

SECTION 2-18. Said chapter is further amended by revising Code Section 15-9-86, relating to verified 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 service of notice of such petition, other than

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by citation published in the official newspaper of the county in which the petition is made, is necessary under the law or in the judgment of the judge of the probate court on the motion of any party in interest or on the court's own motion, the judge shall cause a copy of the petition, together with a citation to show cause, if any, why the petition should not be granted and notice of the date, time, and place for filing any objections or for holding a final hearing, to be served by the sheriff or some lawful officer upon each party who resides in this state and to be served by the probate court mailing by registered or certified mail or statutory overnight delivery, return receipt requested, to each party who resides outside this state at a known address, at least 30 days before any objection is required to be filed by such party or before a final hearing is held. An entry of such service of notice shall be made on the original. In extraordinary cases, where it is necessary to act before such service of notice can be given, the judge of the probate court shall so direct the proceedings as to make no final order until service of notice has been given."

SECTION 2-19. Said chapter is further amended by revising Code Section 15-9-122, relating to applicability of laws and rules, as follows:
"15-9-122. Unless provided to the contrary by Code Section 9-11-81 or by Titles 29 and 53, the general laws and rules of practice, pleading, procedure, and evidence that are applicable to the superior courts of this state shall be applicable to and govern in civil cases in the probate courts."

SECTION 2-20. Said chapter is further amended by revising Code Section 15-9-123, relating to appeal, as follows:
"15-9-123. (a) Either party to a civil case in the probate court shall have the right of appeal to the Supreme Court or the Court of Appeals from any decision made by the probate court, except an order appointing a temporary administrator or an order appointing an emergency guardian or emergency conservator, as provided by Chapter 6 of Title 5. (b) The general laws and rules of appellate practice and procedure that are applicable to cases appealed from the superior courts of this state shall be applicable to and govern appeals of civil cases from the probate courts."

SECTION 2-21. Said chapter is further amended by revising Code Section 15-9-126, relating to fees, as follows:
"15-9-126. For services rendered in jury trials, in the probate court's exercise of concurrent jurisdiction pursuant to Code Section 15-9-127, and in appeals to the Supreme Court or Court of

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Appeals, if a fee is not prescribed by Code Section 15-9-60, the judge or clerk of the probate court shall be entitled to charge and collect the same sums as those of the clerk of the superior court provided in Code Section 15-6-77 or other applicable law for similar services in superior court."

SECTION 2-22. Said chapter is further amended by revising Code Section 15-9-127, relating to concurrent jurisdiction with superior courts, as follows:
"15-9-127. (a) Probate courts subject to this article shall have concurrent jurisdiction with superior courts with regard to the proceedings for:
(1) Declaratory judgments involving fiduciaries pursuant to Code Sections 9-4-4, 9-4-5, 9-4-6, 9-4-8, 9-4-9, and 9-4-11; (2) Tax motivated estate planning dispositions of wards' property pursuant to Code Sections 29-3-36 and 29-5-36; (3) Approval of settlement agreements pursuant to former Code Section 53-3-22 as such existed on December 31, 1997, if applicable; Code Section 53-5-25 or 53-5-27 for which the settlement agreement would affect an interest in real or personal property to be taken by a trust designated in the will; or Code Section 53-12-9; (4) Adjudication of actions concerning trusts, trustees, and trust directors authorized by the provisions of Chapter 12 of Title 53; (5) Adjudication of petitions under Code Section 10-6B-16 to construe a power of attorney, review an agent's conduct, and grant appropriate relief; (6) Adjudication of petitions under subsection (i) of Code Section 10-6B-40 to grant an agent authority under a power of attorney; and (7) Adjudication of petitions for direction or construction of a will or trust instrument pursuant to Code Section 23-2-92, 53-4-55, 53-4-56, 53-7-75, or 53-12-27, or other applicable law. (b) In civil cases, probate courts subject to this article may: (1) Apply equitable principles; (2) Hear evidence on and decide any contested question; and (3) Issue such orders as are appropriate under the circumstances. (c) Probate courts subject to this article shall have and may exercise the jurisdiction and authority conferred by subsections (a) and (b) of this Code section to the greatest extent that does not infringe the exclusive jurisdiction of the superior courts pursuant to Article VI, Section IV, Paragraph I of the Constitution of this state."

SECTION 2-23. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising Code Section 19-3-65, relating to powers of superior court judge in appointing and removing trustees and protecting trust estate, as follows:

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"19-3-65. Subject to Code Sections 15-9-127, 23-1-4, and 53-12-6, 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."

SECTION 2-24. Said title is further amended by revising Code Section 19-3-66, relating to enforcement of marriage contracts, postnuptial settlements, and antenuptial agreements, as follows:
"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, subject to Code Sections 15-9-30, 23-1-4, and 53-7-40; provided, however, that when enforced at the instance of such offspring and their heirs, the court may enforce in favor of other persons."

SECTION 2-25. Said title is further amended by adding a new Code section to Article 1 of Chapter 6, relating to general provisions regarding alimony and child support, to read as follows:
"19-6-36. (a) A judgment or lien that survives the death of a party and is enforceable against the estate of the deceased party under subsection (d) of Code Section 19-6-1, Code Section 19-6-7, or any other provision of this article shall operate as a judgment or other lien created during the lifetime of the deceased party under paragraph (6) of Code Section 53-7-40 and such claim against the estate of the deceased party shall be paid accordingly by the personal representative of the estate as provided in Article 4 of Chapter 7 of Title 53. The personal representative may address such claim in any manner provided by this article or by Code Section 53-7-44 or 53-7-45. (b) Nothing in subsection (a) of this Code section shall alter or impair the rights of any person under this article as such rights existed immediately prior to the effective date of this Code section."

SECTION 2-26. Article 3 of Chapter 2 of Title 23 of the Official Code of Georgia Annotated, relating to fraud, is amended by revising Code Section 23-2-58, relating to confidential relations defined, as follows:

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"23-2-58. Any relationship shall be deemed confidential, whether arising from nature, created by law, or resulting from contracts, where one party is so situated as to exercise a controlling influence over the will, conduct, and interest of another or where, from a similar relationship of mutual confidence, the law requires the utmost good faith, such as the relationship between partners; principal and agent; guardian or conservator and minor or ward; personal representative or temporary administrator and heir, legatee, devisee, or beneficiary; trustee and beneficiary; and similar fiduciary relationships."

SECTION 2-27. Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to lottery for education, is amended by revising Code Section 50-27-21, relating to preservation of lottery proceeds by retailers, accounting procedures, and preference accorded proceeds of insolvent retailers, as follows:
"50-27-21. (a) All proceeds from the sale of the lottery tickets or shares shall constitute a trust fund until paid to the corporation either directly or through the corporation's authorized collection representative. A lottery retailer and officers of a lottery retailer's business shall have a fiduciary duty to preserve and account for lottery proceeds and lottery retailers shall be personally liable for all proceeds. Proceeds shall include unsold instant tickets received by a lottery retailer and cash proceeds of the sale of any lottery products, net of allowable sales commissions and credit for lottery prizes sold to or paid to winners by lottery retailers. Sales proceeds and unused instant tickets shall be delivered to the corporation or its authorized collection representative upon demand. (b) The corporation shall require retailers to place all lottery proceeds due the corporation in accounts in institutions insured by the Federal Deposit Insurance Corporation not later than the close of the next banking day after the date of their collection by the retailer until the date they are paid over to the corporation. At the time of such deposit, lottery proceeds shall be deemed to be the property of the corporation. The corporation may require a retailer to establish a single separate electronic funds transfer account where available for the purpose of receiving moneys from ticket or share sales, making payments to the corporation, and receiving payments for the corporation. Unless otherwise authorized in writing by the corporation, each lottery retailer shall establish a separate bank account for lottery proceeds which shall be kept separate and apart from all other funds and assets and shall not be commingled with any other funds or assets. (c) Whenever any person who receives proceeds from the sale of lottery tickets or shares in the capacity of a lottery retailer becomes insolvent, the proceeds due the corporation from such person shall have preference over all debts or demands. (d) Whenever any person who receives proceeds from the sale of lottery tickets or shares in the capacity of a lottery retailer dies insolvent, the proceeds due the corporation from

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such person's estate shall have preference over all debts or demands except the provision of year's support for such person's family."

SECTION 2-28. Said chapter is further amended by revising subsection (c) of Code Section 50-27-102, relating to role of corporation, implementation and certification, separation of funds and accounting, and disputes, as follows:
"(c) The corporation shall require location owners and location operators to place all bona fide coin operated amusement machine proceeds due the corporation in a segregated account in institutions insured by the Federal Deposit Insurance Corporation not later than the close of the next banking day after the date of their collection by the retailer until the date they are paid over to the corporation. At the time of such deposit, bona fide coin operated amusement machine proceeds shall be deemed to be the property of the corporation. The corporation may require a location owner or location operator to establish a single separate electronic funds transfer account where available for the purpose of receiving proceeds from Class B machines, making payments to the corporation, and receiving payments for the corporation. Unless otherwise authorized in writing by the corporation, each bona fide coin operated amusement machine location owner or location operator shall establish a separate bank account for bona fide coin operated amusement machine proceeds which shall be kept separate and apart from all other funds and assets and shall not be commingled with any other funds or assets. Whenever any person who receives proceeds from bona fide coin operated amusement machines becomes insolvent, the proceeds due the corporation from such person shall have preference over all debts or demands. Whenever any person who receives proceeds from bona fide coin operated amusement machines dies insolvent, the proceeds due the corporation from such person's estate shall have preference over all debts or demands except the provision of year's support for such person's family. If any financial obligation to the corporation has not been timely received, the officers, directors, members, partners, or shareholders of the location owner or location operator shall be personally liable for the moneys owed to the corporation."

PART III SECTION 3-1.

This Act shall become effective on January 1, 2021.

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

Approved July 29, 2020.

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REVENUE AND TAXATION TOBACCO TAXES; SPECIAL EVENT TOBACCO SALES PERMITS.

No. 509 (Senate Bill No. 144).

AN ACT

To amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to provide for the issuance of special event tobacco permits to licensed dealers authorizing off-premise sales of certain tobacco products at special events at temporary locations; to provide for such permits a fee and limitations as to the validity period; to provide for the promulgation of certain rules and regulations by the state revenue commissioner; 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 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, is amended in subsection (c) of Code Section 48-11-4, relating to licensing of persons engaged in tobacco business, initial and annual fees, suspension and revocation, registration and inspection of vending machines, bond by distributor, jurisdiction, and licensing of promotional activities, by adding a new paragraph to read as follows:
"(5) Any licensed dealer may apply for a special event tobacco permit for off-premise sales of cigars, cigarettes, or loose or smokeless tobacco for a special event at a temporary location offsite from the licensed location. Such permit may be authorized for a period of one day but not more than ten days. The special event tobacco permit shall include the specific address for the event or temporary location and the dates for the period that the permit will be in effect. The fee for a special event tobacco permit shall not exceed $10.00. All such permits shall be issued by the commissioner, who shall make rules and regulations with respect to applications for and issuance of special event tobacco permits. Such rules and regulations shall conform to the rules and regulations that apply to retail sales by licensed dealers, including but not limited to, rules and regulations intended to limit access to tobacco products for minors."

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 July 29, 2020.

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MENTAL HEALTH RETIREMENT AND PENSIONS EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; CERTAIN PUBLIC EMPLOYERS' CONTRIBUTIONS ON BEHALF OF CERTAIN RETIRED MEMBERS EMPLOYED BY SUCH EMPLOYERS.

No. 510 (Senate Bill No. 176).
AN ACT
To amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to administration of mental health, developmental disabilities, addictive diseases, and other disability services, so as to revise a cross-reference; to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to require certain public employers to make employer and employee contributions to the Employees' Retirement System of Georgia on behalf of retired members employed by such employers either directly or indirectly; to provide for a definition; to revise a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to administration of mental health, developmental disabilities, addictive diseases, and other disability services, is amended in Code Section 37-2-6.1, relating to community service boards, executive director, staff, budget, facilities, powers and duties, and exemption from state and local taxation, by revising subsection (k) as follows:
"(k) No community service board shall employ or retain in employment, either directly or indirectly through contract, any person who is receiving a retirement benefit from the Employees' Retirement System of Georgia except in accordance with the provisions of Code Section 47-2-112; provided, however, that any such person who is employed as of July 1, 2004, may continue to be employed."

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SECTION 2. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by revising Code Section 47-2-110, relating to retirement ages, application and eligibility for a retirement allowance, suspension of retirement allowance upon reemployment, and health benefits, as follows:
"47-2-110. (a)(1)(A) Upon written application to the board of trustees, any member in service who has reached 60 years of age or who has 30 years of creditable service may retire on a service retirement allowance, provided that he or she has at least five years of creditable service; provided, further, that if he or she became a member after July 1, 1968, he or she has at least ten years of creditable service. The effective date of retirement shall be the first of the month in which the application is received by the board of trustees, provided that no retirement application will, in any case, be effective earlier than the first of the month following the final month of the applicant's employment. Applications for retirement shall not be accepted more than 90 days in advance of the effective date of retirement. Separation from service pending approval of the retirement application shall not affect eligibility for a retirement allowance. The provisions of this subsection regarding the effective date of retirement shall apply to all persons making application for retirement on or after March 15, 1979, and to all persons who have made application prior to March 15, 1979, but to whom payments from the retirement system have not commenced as of that date. Each employer shall certify to the board of trustees the date on which the employee's employment is or will be severed. (B) If the employee has not reached normal retirement age on the effective date of retirement, the employer shall certify that no agreement exists to allow the employee to return to service, including service as or for an independent contractor. Any return to employment or rendering of any paid service by such employee, including service as or for an independent contractor, for any employer within two consecutive calendar months of the effective date of retirement shall render the severance invalid, nullifying the application for retirement.
(2) Normal retirement age, for purposes of the retirement system, shall be the date the employee has reached 60 years of age, provided that he or she has at least ten years of creditable service or the age of an employee on the date he or she attains 30 years of creditable service; provided, however, that the provisions of this paragraph are subject to change by future legislation in order to comply with federal regulations. For those members who are in service with the Uniform Division of the Department of Public Safety as an officer, noncommissioned officer, or trooper, officers and agents of the Georgia Bureau of Investigation, conservation rangers of the Department of Natural Resources, or in the Department of Revenue as an alcohol and tobacco officer or agent, normal retirement age shall be the date the employee has reached 55 years of age, provided that he or she has at least ten years of creditable service. For purposes of Section 402(l) of the federal Internal Revenue Code regarding distributions from

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governmental plans for health and long-term care insurance for public safety officers, normal retirement age shall be the earliest date when the employee has satisfied the requirements for a retirement allowance under the retirement system. Except as provided under Article 2 of Chapter 1 of this title, a member's right to his or her retirement allowance is nonforfeitable upon attainment of normal retirement age. (b) Reserved. (c) The board of trustees is authorized to provide by rule or regulation for the payment of benefits to members or beneficiaries of the retirement system at a time and under circumstances not provided for in this chapter to the extent that such payment is required to maintain the retirement system as a 'qualified retirement plan' for the purposes of federal income tax laws."

SECTION 3. Said chapter is further amended in Article 6, relating to retirement and eligibility for a retirement allowance, by adding a new Code section to read as follows:
"47-2-112. (a) As used in this Code section, and in addition to the definition provided in Code Section 47-2-1, the term 'employer' shall include a retired member's last employer which reported to the retirement system prior to the member's effective date of retirement. Such term shall also include the Board of Regents of the University System of Georgia. (b) If a member who retired under this chapter accepts paid employment with or renders services for pay to any employer, including, without limitation, services directly or indirectly as or for an independent contractor, after his or her retirement:
(1) Such employer shall pay to the retirement system the employer and employee contributions required by this chapter for members; and (2) Except as provided in subsection (c) of this Code section, payment of such member's retirement allowance shall be suspended. Such member shall not receive creditable service as a result of such employment or rendering of services. Upon termination of such employment or rendering of services, all rights shall vest in such member as if he or she had continued his or her option to retire. (c) The retirement allowance of a retired member who accepts paid employment with or renders services for pay to any employer after his or her retirement shall not be suspended if the employee has attained normal retirement age or has not been employed by or rendered services for pay to any employer for at least two consecutive calendar months and performs no more than 1,040 hours of paid employment or paid service, including, without limitation, services directly or indirectly as or for an independent contractor, for the employer in any calendar year; provided, however, that return to service directly or indirectly as or for an independent contractor shall not result in the suspension of an employee's retirement allowance or the requirement of an employer to pay to the retirement system the employer and employee contributions required by this chapter if the employing agency certifies to the board of trustees that:

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(1) The contracting entity has multiple employees; (2) The contracting entity has multiple contracts, and the contracts are not limited to employers, as such term is defined in Code Section 47-2-1; and (3) The contractual relationship with the employer was not created to allow a retired employee to continue employment after retirement in a position similar to the one he or she held before retirement. (d) Any employer that employs a retired plan member shall, within 30 days of the employee accepting employment, notify the board of trustees in writing of the name of the plan member and the number of hours the employee is expected to work annually and shall provide such other information as the board of trustees may request. If the retired plan member performs more than 1,040 hours in any calendar year, such employer shall notify the board of trustees of such as soon as such information is available. Any employer that fails to notify the board of trustees as required by this subsection shall reimburse the retirement system for any benefits wrongfully paid. It shall be the duty of the retired plan member seeking employment with the employer to notify the employer of his or her retirement status prior to accepting such position. If a retired plan member fails to so notify the employer and such employer becomes liable to the retirement system, the plan member shall hold such employer harmless for all such liability."

SECTION 4. Said chapter is further amended in Code Section 47-2-290, relating to judges, solicitors, and other employees of state courts subject to merit system, membership in retirement system, contributions, and exemptions, by revising subsection (c) as follows:
"(c) Reserved."

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

Approved July 29, 2020.

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PENAL INSTITUTIONS STATE PENAL SYSTEM INMATE AWAITING TRIAL; REMAIN IN STATE CUSTODY UNDER CERTAIN CIRCUMSTANCES.

No. 511 (Senate Bill No. 301).

AN ACT

To amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention in state and county correctional institutions, so as to allow a county sheriff to request an inmate of the state penal system awaiting trail to remain in state custody in certain instances; to provide the commissioner of corrections with the authority to grant such request; to provide for prohibition of the transfer of such inmates; 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 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention in state and county correctional institutions, is amended by adding a new Code section to read a follows:
"42-5-51.1. (a) When an inmate of the state penal system is charged with a misdemeanor or felony alleged to have been committed by such inmate within the confines of a state correctional institution and has been denied bond relating to such charge, the sheriff of the county in which such charge is pending may request that such inmate remain in the custody of the department after the sentence for which the department has jurisdiction over the inmate has been served and until adjudication of such charge. The commissioner, in consultation with the warden or superintendent of the institution where such inmate is housed, shall make a determination regarding the retention of custody and shall notify such sheriff of his or her determination within 36 hours of such request. In making such a determination, the commissioner shall consider the space available in the institution, the potential safety benefits of retaining such inmate, and any other factors he or she deems relevant for making such determination. (b) No request pursuant to subsection (a) of this Code section shall be considered by the commissioner unless the inmate is housed in an institution located in the county in which the offense is alleged to have occurred. (c) No inmate who remains in a state correctional institution pursuant to a request granted under subsection (a) of this Code section shall be transferred to a correctional institution located outside the county which made such request unless the commissioner determines such transfer is necessary for the inmate's physical or mental health."

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

Approved July 29, 2020.

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WATERS OF THE STATE, PORTS, AND WATERCRAFT ABANDONED VESSELS; REMOVE REDUNDANT PROVISIONS.

No. 512 (Senate Bill No. 308).

AN ACT

To amend Article 3 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to abandoned vessels, so as to remove certain redundant processes regarding unattended vessels in public waters; 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 7 of Title 52 of the Official Code of Georgia Annotated, relating to abandoned vessels, is amended in Code Section 52-7-71, relating to removal and storage of vessels and procedure, by revising subsections (e), (h), and (i) as follows:
"(e) If the person identified as the owner fails to redeem such vessel as described in subsection (d) of this Code section, or if a vessel being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vessel becomes abandoned, the person removing or storing such vessel shall, within seven calendar days of the day such vessel became an abandoned vessel, give notice in writing, by sworn statement, to the Department of Natural Resources stating the vessel certificate of number, the hull identification number, the fact that such vessel is an abandoned vessel, the model, year, and make of the vessel, if known or if readily ascertainable, the date the vessel became an abandoned vessel, the date the vessel was removed, and the present location of such vessel and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vessel. If a person removing or storing the vessel has knowledge of facts which reasonably indicate that the vessel is registered or titled in a certain other state, such person shall check the vessel records of that other state in the attempt to ascertain the identity of the owner of the vessel."

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"(i) Any person storing a vessel under the provisions of this Code section shall notify the Department of Natural Resources if the vessel is recovered, is claimed by the owner, is determined to be stolen, or is for any reason no longer an abandoned vessel. Such notice shall be provided within seven calendar days of such event."

SECTION 2. Said article is further amended in Code Section 52-7-72, relating to authority of peace officer to cause removal of unattended vessels, notifications, and duties, by revising subsection (d) as follows:
"(d)(1) Any peace officer who finds a vessel under such conditions as described in subsection (a) or (b) of this Code section shall within 72 hours from the time of such finding:
(A) Notify the Department of Natural Resources of the description of the vessel, whether the vessel has been removed or not, and, if removed, the location to which such vessel has been removed; and (B) If available on the Georgia Crime Information Center Network, determine the name and address of the last known registered owner of such vessel. If vessel information is not in the files of the Department of Natural Resources, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vessel. (2) If any such vessel is determined to be a stolen vessel, the local law enforcement officer or agency shall notify the Georgia Crime Information Center and the owner, if known, of the location of such vessel within 72 hours after receiving notice that such vessel is a stolen vessel. (3) If the vessel is removed and the name and address of the last known registered owner of the vessel is obtained from the Georgia Crime Information Center, the peace officer who causes the vessel to be removed shall, within three calendar days of removal, make available to the person removing such vessel the name and address of the last known registered owner of such vessel. If such information is not available, the peace officer shall, within three calendar days of removal, notify the person removing or storing such vessel of such fact."

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

Approved July 29, 2020.

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LAW ENFORCEMENT OFFICERS AND AGENCIES RE-EMPLOYMENT OF RETIRED PEACE OFFICERS AND CORRECTIONAL OFFICERS DURING DISASTERS AND EMERGENCIES.

No. 513 (Senate Bill No. 341).

AN ACT

To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to provide for re-employment of retired peace officers and correctional officers during disasters and emergencies; to provide definitions; to provide for training and qualifications; to provide for immunities and powers of arrest; to provide for compensation; 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 adding new paragraphs to Code Section 35-8-2, relating to definitions, to read as follows:
"(8.1) 'Requesting entity' means any law enforcement agency or other entity within this state empowered by law to maintain a law enforcement unit. (8.2) 'Retired correctional officer' means any retired correctional officer certified by the council."

SECTION 2. Said chapter is further amended by adding a new Code section to read as follows:
"35-8-21.1. (a) Any law enforcement unit in this state may supplement its workforce as necessary with qualified, retired peace officers or correctional officers when a disaster or emergency has been declared by a county sheriff, a public safety director, or the Governor or when there is a national emergency. (b) Retired peace officers and retired correctional officers assisting law enforcement units under the provisions of this Code section shall be in compliance with the annual training and qualification standards for peace officers established under this chapter. (c) Any retired peace officer or retired correctional officer assisting the requesting entity shall have the same immunities and powers of arrest as he or she has in his or her own jurisdiction, and the same powers of arrest as officers of the requesting entity, including sovereign immunity, official immunity, and the public duty doctrine, for the duration of the declared disaster or emergency. Such powers shall be limited to the location where the

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retired officer's services are requested to be provided, for the duration of the specific event, and while acting under the direction of the requesting entity's chief law enforcement officer or his or her designee. (d) Any retired peace officer or correctional officer assisting a requesting entity shall be deemed an employee of the requesting entity for the duration of the declared disaster or emergency and shall be subject to the workers' compensation, overtime, and expense reimbursement provisions provided to him or her as an employee of the requesting entity. (e) Any compensation awarded to retirees for service under this Code section shall be paid by the requesting entity. (f) Nothing in this Code section shall be construed to limit the powers of arrest provided to a law enforcement officer by any other law."

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

Approved July 29, 2020.

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PROFESSIONS AND BUSINESSES STATE BOARD OF VETERINARY MEDICINE; MEMBERSHIP; PROFESSIONAL HEALTH PROGRAMS.

No. 514 (Senate Bill No. 346).

AN ACT

To amend Article 2 of Chapter 50 of Title 43 of the Official Code of Georgia Annotated, relating to the State Board of Veterinary Medicine, so as to increase the membership of the State Board of Veterinary Medicine and authorize a registered veterinary technician member; to provide for a professional health program for impaired veterinarians; to provide for definitions; to provide for confidentiality of certain records; to provide for costs; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 50 of Title 43 of the Official Code of Georgia Annotated, relating to the State Board of Veterinary Medicine, is amended in Code Section 43-50-20, relating to

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creation of board, members, qualifications, vacancies, expenses, meetings, and officers, by revising subsection (a) as follows:
"(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 seven members, each appointed for a term of no more than 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. The seventh member shall be a registered veterinary technician who has been registered and actively engaged in the practice of veterinary technology for at least five years prior to appointment. The initial appointment of the registered veterinary technician shall expire on June 30 in the fifth calendar year after this subsection becomes effective; thereafter, successors shall be appointed for a term of five years. 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."

SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"43-50-21.1. (a) As used in this Code section, the term:
(1) 'Entity' means an organization or medical professional association which conducts professional health programs. (2) 'Impaired' means the inability of a veterinarian to practice with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition. (3) 'Professional health program' means a program established for the purposes of monitoring and rehabilitation of impaired veterinarians. (b) The board shall be authorized to conduct a professional health program to provide monitoring and rehabilitation of impaired veterinarians in this state. To this end, the office of the Secretary of State on behalf of the board shall be authorized to enter into a contract with an entity for the purpose of establishing and conducting such professional health program, including but not limited to: (1) Monitoring and rehabilitation of impaired veterinarians; (2) Performing duties related to paragraph (10) of subsection (a) of Code Section 43-50-41; and (3) Performing such other related activities as determined by the board. (c) Notwithstanding the provisions of subsection (h) of Code Section 43-50-41, the board shall be authorized to provide pertinent information regarding veterinarians, as determined

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by the board and in its sole discretion, to the entity for its purposes in conducting a professional health program pursuant to this Code section. (d) All information, interviews, reports, statements, memoranda, or other documents furnished to the entity by the board or other source or produced by the entity and any findings, conclusions, recommendations, or reports resulting from the monitoring or rehabilitation of veterinarians pursuant to this Code section are declared to be privileged and confidential and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records. All such records of the entity shall be confidential and shall be used by such entity and its employees and agents only in the exercise of the proper function of the entity pursuant to its contract authorized by subsection (b) of this Code section. Such information, interviews, reports, statements, memoranda, or other documents furnished to or produced by the entity and any findings, conclusions, recommendations, or reports resulting from the monitoring or rehabilitation of veterinarians shall not be available for court subpoenas or for discovery proceedings. (e) An impaired veterinarian who participates in a professional health program conducted pursuant to this Code section shall bear all costs associated with such participation."

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

Approved July 29, 2020.

__________

ANIMALS FEES FOR IMPOUNDING AND DISPOSING OF ANIMALS.

No. 515 (Senate Bill No. 362).

AN ACT

To amend Chapter 3 of Title 4 of the Official Code of Georgia Annotated, relating to livestock running at large or straying, so as to change the fees for impounding animals and disposing of impounded animals; 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 3 of Title 4 of the Official Code of Georgia Annotated, relating to livestock running at large or straying, is amended by revising Code Section 4-3-10, relating to fees for

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impounding, serving notice, care and feeding, advertising, and disposing of impounded animals, as follows:
"4-3-10. The fees allowed for impounding, serving notice, care and feeding, advertising, and disposing of impounded animals shall be as follows:
(1) For impounding each animal, the actual cost of impounding each animal and mileage as provided by law for the arrest and commitment of prisoners; (2) For serving any notice and making return thereon, the actual cost and mileage provided by law for executing writs in actions at law and making return upon the same; (3) For feed and care of impounded animals, the actual cost per day per animal not to exceed $25.00 per day per animal; (4) For advertising or posting notices of sale of impounded animals, the same as provided by law for advertising property for sale under process; (5) For sale or other disposition of impounded animals, the actual cost associated with such sale or other disposition; and (6) For report of sale of impounded animals, the actual cost associated with such report of sale."

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 July 29, 2020.

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PUBLIC UTILITIES AND PUBLIC TRANSPORTATION USE OF ELECTRIC EASEMENTS FOR BROADBAND SERVICES.

No. 516 (Senate Bill No. 370).

AN ACT

To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to provide for compliance with certain safety and permit requirements when electric easements are utilized for broadband services; to provide for a definition; 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 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended in Code Section 46-3-205, relating to use of easements, by adding a new subsection to read as follows:
"(c) Nothing in this Code section shall in any way affect, abrogate, or eliminate the obligation of an owner of an electric easement that is located on, along, over, across, or under property owned or controlled by a railroad company or state agency to comply with the application, review, safety, and permit requirements of such railroad company or state agency for projects of the nature contemplated by this Code section. Such requirements may include, but are not limited to, insurance coverage and responsibility of the owner of an electric easement to pay for costs incurred by a railroad company or state agency related to such requirements, such as safety measures and engineering review costs. For purposes of this subsection, the term 'state agency' means any department, division, board, bureau, commission, or other agency of the state government or any state authority."

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

Approved July 29, 2020.

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FOOD, DRUGS, AND COSMETICS GEORGIA FOOD ACT; CONFIDENTIAL INFORMATION.

No. 517 (Senate Bill No. 381).

AN ACT

To amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the "Georgia Food Act," so as to provide that certain information obtained by the Department of Agriculture from the federal Food and Drug Administration is deemed confidential and not subject to disclosure; 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 2 of Title 26 of the Official Code of Georgia Annotated, relating to the "Georgia Food Act," is amended by adding a new Code to read as follows:
"26-2-34.1. The following information, records, and data obtained by the Department of Agriculture from the federal Food and Drug Administration pursuant to a contract or commissioning agreement shall be deemed confidential and shall not be open to inspection by the public, to the extent that it was obtained or furnished on a confidential basis or is exempt from disclosure under 5 U.S.C. Sec. 552, the federal Freedom of Information Act: trade secrets; confidential commercial information; information under the federal deliberative process privilege; information compiled for law enforcement purposes; or information expressly required to be kept confidential by other federal laws."

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

Approved July 29, 2020.

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EDUCATION ANNUAL PERFORMANCE EVALUATION; DEFINITION OF "ON-TIME GRADUATION RATE."

No. 518 (Senate Bill No. 431).

AN ACT

To amend Code Section 20-2-210 of the Official Code of Georgia Annotated, relating to annual performance evaluation, so as to provide for a definition of "on-time graduation rate"; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 20-2-210 of the Official Code of Georgia Annotated, relating to annual performance evaluation, is amended by revising paragraph (2) of subsection (b) as follows:
"(2) As used in this subsection, the term 'on-time graduation rate' means the graduation rate of the four-year cohort of students that attend a school continuously from October 1 of the calendar year four years prior to the calendar year of the regular date of graduation

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of that cohort and graduate on or before that regular date of graduation. This graduation rate shall be calculated in addition to, and not as a substitute for, any other graduation rate provided for by federal, state, or local law or regulation."

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

Approved July 29, 2020.

__________

CONSERVATION AND NATURAL RESOURCES ISSUING AUTHORITIES FOR LAND-DISTURBING ACTIVITY PERMITS.

No. 519 (Senate Bill No. 445).

AN ACT

To amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to authorize certain water and water and sewer authorities to be designated as local issuing authorities for land-disturbing activity permits; to revise a definition; 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 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, is amended by revising paragraph (10) of Code Section 12-7-3, relating to definitions as follows:
"(10) 'Local issuing authority' means the governing authority of any county or municipality which is certified pursuant to subsection (a) of Code Section 12-7-8. Said term shall also include any water authority or water and sewer authority which has been authorized by local law to be responsible for storm-water management and to implement and enforce all related ordinances and regulations and, pursuant to an intergovernmental agreement with each governing authority of an applicable county or municipality, operates a storm-water utility and maintains the storm-water management system and soil erosion and sedimentation control permitting, inspection, and enforcement of such county or municipality."

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SECTION 2. Said chapter is further amended by revising subsections (b), (c), and (e) of Code Section 12-7-7, relating to permit or notice of intent required for land-disturbing activities, approval of application and issuance of permit, denial of permit, and bond requirement, as follows:
"(b) In those counties, municipalities, and service areas for water or water and sewer authorities which are certified as local issuing authorities pursuant to subsection (a) of Code Section 12-7-8:
(1) The application for such permit shall be made to and the permit shall be issued by the governing authority of the county wherein such land-disturbing activities are to occur, in the event that such activities will occur outside the corporate limits of a municipality; (2) In those instances where such activities will occur within the corporate limits of any municipality, the application for such permit shall be made to and the permit shall be issued by the governing authority of the municipality in which such land-disturbing activities are to occur; (3) In those instances where such activities will occur within the service area of a water authority or water and sewer authority, the application of such permit shall be made to and the permit shall be issued by such authority in which such land-disturbing activities are to occur within the authority's service area; and (4) The local issuing authority shall conduct inspections and enforce the permits it issues. (c) In those counties, municipalities, and service areas for water or water and sewer authorities which are not certified pursuant to subsection (a) of Code Section 12-7-8, the terms of the state general permit shall apply, those terms shall be enforced by the division, and no individual land-disturbing activity permit under this Code section will be required; provided, however, that notice of intent shall be submitted to the division prior to commencement of any land-disturbing activities under the state general permit in any of such uncertified counties, municipalities, and service areas for water or water and sewer authorities." "(e) Except as provided in this subsection, no permit shall be issued pursuant to subsection (b) of this Code section unless the erosion and sediment control plan has been approved by the appropriate district as is required by Code Section 12-7-10. When the jurisdiction or entity that is certified pursuant to subsection (a) of Code Section 12-7-8 lying within the boundaries of the district demonstrates capabilities to review and approve an erosion and sediment control plan and requests an agreement with the district to conduct such review and approval, the district, with the concurrence of the commission, shall enter into an agreement which allows the jurisdiction or entity that is certified pursuant to subsection (a) of Code Section 12-7-8 to conduct review and approval without referring the application and plan to the district, if such jurisdiction or entity that is certified pursuant to subsection (a) of Code Section 12-7-8 meets the conditions specified by the district as set forth in the agreement. A district may not enter into an agreement authorized in this

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Code section with any jurisdiction or entity that is not certified pursuant to subsection (a) of Code Section 12-7-8."

SECTION 3. Said chapter is further amended by adding a new paragraph to subsection (a) and revising subsections (b) through (d) of Code Section 12-7-8, relating to certification of locality as local issuing authority, periodic review, procedure for revoking certification, and enforcement actions, as follows:
"(4) If a local issuing authority certified by the director under paragraph (1) of this subsection has within its jurisdiction an area served by a water authority or water and sewer authority which has been authorized by local law to be responsible for storm-water management and to implement and enforce all relevant ordinances and regulations and, pursuant to an intergovernmental agreement with the governing authority of a county or municipality, operates a storm-water utility and maintains the storm-water management system and soil erosion and sedimentation control permitting, inspection, and enforcement within such county or municipality, such water authority or water and sewer authority may, in the sole discretion of the director, be certified as the local issuing authority for the county or municipality which it serves.
(i) In the event that a water authority or water and sewer authority serves more than one county or municipality that is a local issuing authority certified by the director under paragraph (1) of this subsection, such water authority or water and sewer authority must have authority to implement and enforce all relevant ordinances and regulations from and an intergovernmental agreement with every applicable county or municipality before the director may certify such water authority or water and sewer authority as a local issuing authority for any county or municipality which it serves. (ii) In the event that a water authority or water and sewer authority serves less than an entire county or municipality that is a local issuing authority certified by the director under paragraph (1) of this subsection, the intergovernmental agreement described under this paragraph shall specify the jurisdictional boundaries within which the water authority or water and sewer authority shall act as the local issuing authority." (b) The districts or the commission or both shall review semi-annually the actions of jurisdictions and entities which have been certified as local issuing authorities pursuant to subsection (a) of this Code section. The districts or the commission or both may provide technical assistance to any jurisdiction or entity for the purpose of improving the effectiveness of the jurisdiction's or entity's erosion and sedimentation control program. The districts or the commission shall notify the division and request investigation by the division if any deficient or ineffective local program is found. (c) The board, on or before December 31, 2003, shall promulgate rules and regulations setting forth the requirements and standards for certification and the procedures for

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decertification of a local issuing authority. The division may periodically review the actions of jurisdictions and entities which have been certified as local issuing authorities pursuant to subsection (a) of this Code section. Such review may include, but shall not be limited to, review of the administration and enforcement of and compliance with the applicable ordinances and regulations and review of conformance with an agreement, if any, between the district and the local issuing authority. If such review indicates that the jurisdiction or entity certified pursuant to subsection (a) of this Code section has not administered, enforced, or complied with its ordinances or regulations or has not conducted the program in accordance with subsection (e) of Code Section 12-7-7, the division shall notify that jurisdiction or entity in writing. The jurisdiction or entity so notified shall have 90 days within which to take the necessary corrective action to retain certification as a local issuing authority. If the jurisdiction or entity does not take necessary corrective action within 90 days after notification by the division, the division shall revoke the certification of the jurisdiction or entity as a local issuing authority. (d) The director may determine that the public interest requires initiation of an enforcement action by the division. Where such a determination is made and the local issuing authority has failed to secure compliance, the director may implement the board's rules and seek compliance under provisions of Code Sections 12-7-12 through 12-7-15. For purposes of this subsection, enforcement actions taken by the division pursuant to Code Sections 12-7-12 through 12-7-15 shall not require prior revocation of certification of the jurisdiction or entity as a local issuing authority."

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 July 29, 2020.

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CRIMINAL PROCEDURE UNCLAIMED CASH BONDS.
No. 520 (Senate Bill No. 446).
AN ACT
To amend Code Section 17-6-4 of the Official Code of Georgia Annotated, relating to the authorization of posting cash bonds generally, furnishing of receipt to person posting bond, recordation of receipt of bond on docket, and disposal of unclaimed bonds, so as to provide for unclaimed cash bonds; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 17-6-4 of the Official Code of Georgia Annotated, relating to the authorization of posting cash bonds generally, furnishing of receipt to person posting bond, recordation of receipt of bond on docket, and disposal of unclaimed bonds, is amended by revising subsection (c) as follows:
"(c) In the event that any cash bail posted pursuant to this Code section or Code Section 17-6-5 is not later claimed by the surety on such bond after a period of two years from the earlier of either the date of the surety being released from liability pursuant to Code Section 17-6-31 or the date of disposition of the case by the prosecutor or the court, including any appeal of a verdict or sentence, then the cash shall be paid into the general fund of the county having trial venue of the case, as in the case of forfeited cash bonds, provided that the officer who is in possession of such cash bail shall first have notified the surety, by mailing notice to such surety at the last address given by such surety, that such funds shall be forfeited if they are not claimed within 90 days following the date of mailing of such notice. Any claim by a surety for refund of a cash bail shall include acceptable documentary proof of disposition of the case from the prosecuting official or appropriate court records or such other documentation as may be acceptable to the official holding such cash bail as proof that the case has been settled."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved July 29, 2020.

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OFFICIAL CODE OF GEORGIA ANNOTATED REVISE, MODERNIZE, AND CORRECT ERRORS AND OMISSIONS IN AND REENACT OFFICIAL CODE OF GEORGIA ANNOTATED.

No. 521 (Senate Bill No. 429).

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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Reserved.

SECTION 1.

SECTION 2. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended in: (1) Code Section 2-2-10, relating to the imposition of penalty authorized in lieu of other action by the Commissioner of Agriculture and funding to general treasury, in subsection (b), by replacing "the 'Georgia Food Act,' Article 2 of Chapter 2 of Title 26," with "Article 2 of Chapter 2 of Title 26, the 'Georgia Food Act,'". (2) Code Section 2-6-23, relating to the establishment, composition, terms of office, ex officio advisers, seal, and rules and regulations of the State Soil and Water Conservation Commission, in paragraph (c)(12), by replacing "state program manager of agricultural education" with "director of the Career, Technical, and Agricultural Education Division of the Department of Education".

Reserved.

SECTION 3.

Reserved.

SECTION 4.

494 Reserved.

GENERAL ACTS AND RESOLUTIONS, VOL. I 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 7-1-37, relating to restrictions on commissioner, deputy commissioners, and examiners, in subsection (c), by replacing "provided the obligee" with "provided that the obligee". (2) Code Section 7-1-110, relating to permissive closing days and deferral of business conducted on Saturday, by replacing "provided such deferral" with "provided that such deferral". (3) Code Section 7-1-114, relating to voluntary dissolution after commencement of business, in subsection (b), by replacing "provided, in the case" with "provided that, in the case". (4) Code Section 7-1-115, relating to winding up voluntary dissolution proceedings, in paragraph (d)(2), by replacing "the owner including" with "the owner, including". (5) Code Section 7-1-220, relating to definitions and applicability of receivership procedures involving trust or pooled assets, in paragraph (a)(2), by replacing "or 'pooled assets' as defined" with "or pooled assets, as defined". (6) Code Section 7-1-234, relating to grounds for disapproving proposal, in paragraphs (6) and (7), by replacing "individual that is" with "individual who is" each time the phrase appears. (7) Code Section 7-1-244, relating to deposit insurance requirements and public notices when deposits not properly insured, in subsection (a), by replacing "provided, further, such" with "provided, further, that such". (8) Code Section 7-1-286, relating to real estate loans and acquisition by bank or trust company of ownership interest, in the introductory language of subsection (d), by replacing "provided:" with "provided that:". (9) Code Section 7-1-288, relating to corporate stock and securities, in paragraph (d)(3), by replacing "provided such investment" with "provided that such investment". (10) Code Section 7-1-291, relating to borrowings, liabilities not subject to restrictions, restrictions, and borrowing for emergencies, in the introductory language of subsection (c), by deleting the comma following "paid-in capital". (11) Code Section 7-1-394, relating to investigation, approval or disapproval by department, and abbreviated procedures of banks and trust companies, in paragraph (a)(8), by replacing "any person that" with "any person who"and in paragraph (a)(9), by replacing "1681a(f) with respect to any person that" with "1681a(f), with respect to any person who".

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(12) Code Section 7-1-396, relating to effects of certificates of incorporation and permits to begin business, in subsection (a), by replacing "'agents' or 'broker-dealers'" with "agents or broker-dealers". (13) Code Section 7-1-628.7, relating to examinations and reports and powers of commissioner, in subsection (g), by replacing "provided further that," with "provided, further, that,". (14) Reserved. (15) Code Section 7-1-655, relating to boards of directors, credit and supervisory committees, officers, oaths of officials, removal from office, suspension of member, filling of vacancies, and notification to department of change in president or chief executive officer, in subsection (d), by replacing "chairman" with "chairperson". (16) Code Section 7-1-682, relating to exemption from licensing requirements, in paragraph (9), by replacing "this section" with "this Code section". (17) Code Section 7-1-684, relating to investigation of applicants for licensure and background checks on employees and others, in subsection (d), by replacing "As used in this Code section, 'conviction data' means" with "As used in this Code section, the term 'conviction data' means". (18) Code Section 7-1-703, relating to investigation of applicants and background checks of employees, in subsection (d), by replacing "As used in this Code section, 'conviction data' means" with "As used in this Code section, the term 'conviction data' means". (19) Code Section 7-1-1004, relating to investigation of applicant and its officers, audit, and education, experience, and other requirements relative to licensees and registrants, in paragraph (g)(5), by replacing "subsection (f)" with "subsection (g)". (20) The following Code sections, by replacing "Nation-wide Multistate Licensing System and Registry" with "Nationwide Multistate Licensing System and Registry" each time the term appears:
(A) Code Section 7-1-680, relating to definitions regarding sale of payment instruments; (B) Code Section 7-1-683, relating to requirements for licensure, fees, and rules and regulations; (C) Code Section 7-1-683.3, relating to authority of department; (D) Code Section 7-1-684.1, relating to reporting to Nation-wide Multistate Licensing System and Registry; (E) Code Section 7-1-689, relating to record keeping, investigations and examinations by department, subpoenas, confidentiality, and limitations on civil liability; (F) Code Section 7-1-700, relating to definitions regarding cashing of payment instruments; (G) Code Section 7-1-702, relating to requirements for licensure; (H) Code Section 7-1-702.2, relating to authority of department; (I) Code Section 7-1-703.1, relating to reporting on condition to Nation-wide Multistate Licensing System and Registry;

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(J) 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; (K) Code Section 7-1-1000, relating to definitions regarding licensing of mortgage lenders and mortgage brokers; (L) Code Section 7-1-1001, relating to exemption for certain persons and entities, registration requirements, and authorized actions of licensed mortgage lenders; (M) Code Section 7-1-1002, relating to transaction of business without a license, registration, or exemption prohibited, knowing purchase of mortgage loan from unlicensed or nonexempt broker or lender prohibited, and liability of persons controlling violators; (N) Code Section 7-1-1003.5, relating to Nation-wide Multistate Licensing System and Registry; (O) Code Section 7-1-1003.6, relating to privileged or confidential nature of information and exception; (P) Code Section 7-1-1004, relating to investigation of applicant and its officers, audit, education, experience, and other requirements relative to licensees and registrants; (Q) Code Section 7-1-1004.1, relating to reports of condition; (R) Code Section 7-1-1004.2, relating to licensees' ability to challenge information; (S) Code Section 7-1-1009, relating to maintenance of books, accounts, and records, investigation and examination of licensees and registrants by department, confidentiality, and exemptions from civil liability; (T) Code Section 7-1-1011, relating to annual fees; (U) Code Section 7-1-1013, relating to prohibition of certain acts; and (V) Code Section 7-1-1016, relating to regulations relative to advertising. (21) Code Section 7-2-7, relating to membership fees, refunds of fees, assessments, and premiums, and distribution of undivided corporate earnings preceding voluntary cessation of business, in paragraph (e)(3), by replacing "provided the department" with "provided that the department". (22) Code Section 7-3-14, relating to maximum loan amount, period, and charges, in the undesignated text at the end of paragraph (3), by replacing "provided, further, the amount" with "provided, further, that the amount". (23) Code Section 7-4-5, relating to failure to include federal loan act provisions in retail installment loans and violating advertising restrictions, in subsection (b), by replacing "provided, however, this provision" with "provided, however, that this provision". (24) Code Section 7-5-3, relating to organization of credit card banks, in paragraph (9), by replacing "provided, however, where" with "provided, however, that where". (25) Code Section 7-5-5, relating to regulation of credit card banks, enforcement, and rules and regulations, in paragraph (b)(2), by replacing "became a 'bank' for purposes" with "became a bank for purposes".

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(26) Code Section 7-5-6, relating to applicability of banking laws, in subsection (b), by replacing "considered a 'bank' for the purposes" with "considered a bank for purposes" and "provided, however, every" with "provided, however, that every". (27) Code Section 7-6A-12, relating to application and preemption by federal law, by replacing "provided, however, the provisions" with "provided, however, that the provisions". (28) Code Section 7-9-4, relating to application, fees, and minimum number of employees, in subsection (c), by replacing "provided, however, a merchant" with "provided, however, that a merchant".

SECTION 8. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended in: (1) Code Section 8-2-24, relating to appointment of advisory committee, reimbursement of members for expenses, use of subcommittees, submittal of proposed amendments, modifications, and new provisions to committee, and meeting times of committee, in subsection (b), by replacing "Any appointive member" with "Any appointed member". (2) Code Section 8-2-26.1, relating to definitions and requirements regarding state building, plumbing, and electrical codes, in subparagraph (a)(2)(G), by replacing "one and two-family dwelling" with "one- and two-family dwelling". (3) Code Section 8-2-110, relating to legislative findings and purpose, by replacing "residents of the state" with "residents of this state". (4) Code Section 8-2-201, relating to purpose and applicability of article, in subsection (a), by replacing "provided, however, such rehabilitation" with "provided, however, that such rehabilitation". (5) Code Section 8-2-213, relating to final review of projects and agreement of local authorities, by replacing "provided, however, the local" with "provided, however, that the local". (6) Code Section 8-2-215, relating to minor alterations or repairs, reduction or removal of features, alteration or repair without further compliance, and installation of mechanical systems, by replacing "provided their present" with "provided that their present". (7) Code Section 8-2-218, relating to change of portion of building to new use or occupancy, in subsection (b), by replacing "provided, however, if" with "provided, however, that if". (8) Code Section 8-2-222, relating to immunity of state and local entities and liability of property owner or user, by replacing "elected or appointive officer" with "elected or appointed officer". (9) Code Section 8-3-50, relating to appointment, qualifications, and tenure of commissioners and reimbursement for expenses, by deleting paragraph (a)(4), which is designated as reserved. (10) Code Section 8-3-131, relating to definitions regarding providing housing for persons engaged in national defense industries or activities, in paragraph (1), by replacing "in the state" with "in this state".

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(11) Code Section 8-3-150, relating to the "Housing Cooperation Law," by replacing "may be referred to as" with "shall be known and may be cited as". (12) Code Section 8-3-200, relating to state policy and purposes and construction of article, in subsection (a), by replacing "throughout the state" with "throughout this state" and in paragraph (b)(4), by replacing "within the state" with "within this state".

SECTION 9. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended in: (1) Code Section 9-11-5, relating to service and filing of pleadings subsequent to the original complaint and other papers, in paragraph (f)(3), by replacing "e-mail" with "email".

SECTION 10. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended in: (1) Code Section 10-1-164.1, relating to self-service gasoline price for drivers holding special disability permit, in the introductory language of subsection (a), by replacing "Code Section 40-6-222" with "Code Section 40-2-74.1". (2) Code Section 10-1-622, relating to definitions regarding motor vehicle franchise practices, in the introductory language of paragraph (.1), by replacing "15 U.S.C. s. 6809(4)" with "15 U.S.C. Section 6809(4)". (3) Code Section 10-1-632, relating to protection of consumer data in motor vehicle sales or lease transactions and burden of proof for violations, in paragraph (a)(2) and subparagraph (a)(3)(A), by replacing "15 U.S.C. 6801" with "15 U.S.C. Section 6801" and in paragraph (a)(5), by replacing "this section" with "this Code section".

SECTION 11. Title 11 of the Official Code of Georgia Annotated, relating to the Uniform Commercial Code, is amended in: (1) Code Section 11-4A-204, relating to refund of payment and duty of customer to report with respect to unauthorized payment order, at the end of subsection (a), by replacing "section" with "subsection".

SECTION 12. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended in: (1) Code Section 12-3-114, relating to policies to guide department in creating and administering system of scenic trails, in subparagraph (1)(G), by inserting "and" following "Code Section 40-1-1;". (2) Code Section 12-6A-4, relating to definitions regarding outdoor stewardship, in subparagraph (1)(B), by replacing "habitat" with "habitats".

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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 15-5A-1, relating to the establishment of the Georgia State-wide Business Court, by replacing "on or after the May 7, 2019" with "on or after May 7, 2019". (2) Code Section 15-5A-2, relating to terms of court, location, presiding judge, venue, and transferring of case, in paragraph (e)(2), by replacing "Judge" with "judge". (3) Code Section 15-5A-4, relating to the process for bringing a claim before court and filings, in subparagraphs (a)(3)(A) and (a)(3)(B), by replacing "remain" with "remains". (4) Code Section 15-5A-5, relating to filing fees of the court and fees submitted to state treasury, in subsection (b), by replacing "property of the state" with "property of the state,". (5) Code Section 15-6-77, relating to fees and construction of other fee provisions, at the end of the undesignated text in divisions (f)(1)(A)(i) and (f)(1)(A)(ii), by inserting a period following "assigned". (6) Code Section 15-6-88, relating to minimum annual salary schedule of clerks of superior court, in paragraph (b)(1), by replacing "where applicable shall" with "where applicable, shall" and by replacing "by this subsection" with "by this subsection," and in paragraph (b)(2), by replacing "performance-based" with "performance based" both times the term appears. (7) Code Section 15-6-94, relating to Georgia Superior Court Clerks' Cooperative Authority, in paragraph (d)(6), by replacing "provided, however, a schedule" with "provided, however, that a schedule". (8) Code Section 15-9-63, relating to the schedule of minimum salaries of probate court judges, as effective on January 1, 2021, in subparagraph (a)(2)(A), by replacing "by this paragraph" with "by this paragraph," both times the phrase appears and in subparagraph (a)(2)(B), by replacing "performance-based" with "performance based" both times the term appears. (9) Code Section 15-10-105, relating to selection of clerk, compensation, and eligibility, in subsection (b), by replacing "clerk of superior court the county" with "clerk of superior court, the county" and by replacing "his or her services" with "his or her service" both times the phrase appears. (10) Code Section 15-11-2, relating to definitions regarding general provisions of the Juvenile Code, as effective on July 1, 2020, in subparagraph (60.2)(G), by replacing "family-based" with "family based".

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(11) Code Section 15-11-211, relating to a relative search by the Division of Family and Children Services, in subsection (e), by replacing "have an ongoing" with "have demonstrated an ongoing". (12) Code Section 15-11-216, relating to periodic review hearings and required evidence, in paragraph (d.1)(3), by replacing "short- and long-term" with "short-term and long-term". (13) Code Section 15-11-219, relating to required findings for qualified residential treatment program admittance, assessment procedures, and writing requirement, in paragraph (a)(1), by replacing "evidence-based" with "evidence based" and in paragraphs (a)(2), (a)(3), and (c)(2), by replacing "short- and long-term" with "short-term and long-term". (14) Code Section 15-11-220, relating to required findings after placement in qualified residential treatment program and documentation, in paragraph (a)(3), by replacing "shortand long-term" with "short-term and long-term". (15) Code Section 15-11-231, relating to permanency plan report, in subparagraph (11)(C), by replacing "short- and long-term" with "short-term and long-term". (16) Code Section 15-11-232, relating to permanency plan hearing and findings, in subparagraph (a)(11)(C), by replacing "short- and long-term" with "short-term and long-term".

SECTION 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in: (1) Code Section 16-13-29, relating to Schedule V controlled substances, in paragraph (5), by replacing "rulemaking" with "rule making". (2) Code Section 16-13-57, relating to program to record prescription information into electronic data base and administration and oversight, in paragraph (c)(2), by replacing "the effective date of this Act" with "April 26, 2019,". (3) Code Section 16-13-71, relating to defining dangerous drugs, by redesignating paragraph (b)(69.101) as paragraph (b)(69.10); by deleting paragraph (b)(116.05), which is reserved; in paragraph (c)(6.1), by replacing "32 mcg" with "32 mcg."; in paragraph (c)(6.5), by replacing "1mg per 1ml or less or 10mg or less" with "1 mg. per 1 ml. or less or 10 mg. or less"; in paragraph (c)(9.33), by replacing "0.125 mg" with "0.125 mg."; in paragraph (c)(9.75), by replacing "0.05 mg" with "0.05 mg."; in paragraph (c)(10), by replacing "1.0 percent" with "1 percent"; in paragraph (c)(12.95), by replacing "5 mg" with "5 mg."; in paragraph (c)(13), by replacing "(4%)" with "(4 percent)"; in paragraph (c)(27.7), by replacing "55 mcg" with "55 mcg."; and in paragraph (c)(31), by replacing "(1.00 mg/5.00 ml)" with "(1.00 mg./5.00 ml.)". (4) Code Section 16-14-3, relating to definitions regarding racketeer influenced and corrupt organizations, in subparagraph (4)(B), by replacing "Code Section 16-4-10" with "Code Section 16-11-220".

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Reserved.

SECTION 17.

Reserved.

SECTION 18.

SECTION 19. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in: (1) Code Section 19-6-15, relating to child support guidelines for determining amount of award, continuation of duty of support, and duration of support, in division (f)(1)(A)(vii), by inserting a comma following "retirement plans". (2) Code Section 19-7-3.1, relating to equitable caregivers, form, required findings, establishment of parental rights, and not a disestablishment of parentage, in subsection (c), in the complaint form, by replacing "the court that:" with "the court that he or she:"; in number (1), by replacing "Plaintiff has" with "Has"; and in number (3), by replacing "the relationship" with "which relationship", "such individual" with "Plaintiff", "accepted or" with "accepted that or", and "though such individual" with "though Plaintiff"; in subsection (c), in the affidavit form, by replacing "Before" with "before" and "Day" with "day"; and in paragraph (d)(3), by replacing "the relationship" with "which relationship" and "accepted or" with "accepted that or". (3) Code Section 19-8-13, relating to petition, filing and contents, financial disclosures, attorney's affidavit, and redaction of certain information unnecessary, in subparagraphs (a)(2)(E) and (a)(3)(F), by replacing "compliance with 4 of Title 39" with "compliance with Chapter 4 of Title 39". (4) Code Section 19-8-20, relating to forwarding of decree, report, and subsequent orders to department, issuance of adoption certificate, and use as evidence, in subsection (c), by inserting quotation marks at the beginning and end of the form. (5) Code Section 19-8-26, relating to forms regarding adoption, in subsection (g), in the form titled "Acknowledgment of Surrender of Rights" under (F), by replacing "before signing of the surrender" with "before signing the surrender" and in subsection (n), in the form titled "Notice to Biological or Legal Father," in number 5., by redesignating letters A. through C. as letters (A) through (C), in number 6., by redesignating letters A. through E. as letters (A) through (E), and in number 7., by redesignating letters A. through D. as letters (A) through (D).

SECTION 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in: (1) Code Section 20-1A-3, relating to the commissioner, the board, duties and powers, salary, personnel, and rules and regulations, in the introductory language of subsection (d), by replacing "department including" with "department, including".

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(2) Code Section 20-2-149.3, relating to requirements for computer science education, in paragraph (a)(2), by replacing "graduates take" with "graduates have taken"; in paragraph (b)(2), by replacing "standalone implementations or embedded" with "stand-alone implementations or by being embedded" and by replacing "than simply" with "than by simply"; and in subparagraph (c)(1)(A), by replacing "offers a course" with "offer a course". (3) Code Section 20-2-324.5, relating to education on nature and warning signs of sudden cardiac arrest, informational meetings, procedure when student exhibits symptoms, requirements of coaches, and youth athletic organizations encouraged to comply, in paragraph (a)(4), by inserting a comma following "charter schools". (4) Code Section 20-2-2081, relating to definitions regarding state charter schools, in paragraph (3), by replacing "state Department" with "Department". (5) Code Section 20-3-10, relating to sanctuary policies prohibited and penalty for violation, in paragraph (a)(4), by replacing "Code Section 16-4-10" with "Code Section 16-11-220". (6) Code Section 20-3-499.1, relating to requirements of REACH scholar, in paragraph (a)(4), by deleting the comma following "dangerous drugs". (7) Code Section 20-3-519.5, relating to eligibility requirements for a HOPE grant and award amount, at the beginning of subsection (e), by replacing "No student that" with "No student who".

SECTION 21. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended in: (1) Code Section 21-2-543.1, relating to procedures for filling vacancies in federal House of Representatives, by replacing "vacancies exist" with "vacancies exists". (2) Code Section 21-2-564, relating to willful destruction, fraudulent filing, or suppression of nomination materials, by replacing "paper, or any part thereof, which" with "paper or any part thereof which". (3) Code Section 21-5-50, relating to filing by public officers, filing by candidates for public office, filing by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the commission, by deleting subsection (g), which is designated as reserved.

Reserved.

SECTION 22.

Reserved.

SECTION 23.

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SECTION 24. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended in: (1) Code Section 24-4-412, relating to complainant's past sexual behavior not admissible in prosecutions for certain sexual offenses and exceptions, in the introductory language of paragraph (c)(1), by replacing "subsection (b)," with "subsection (b) of this Code section,". (2) Code Section 24-5-510, relating to privileged communications between law enforcement officers and peer counselors, in paragraph (a)(2), by inserting a colon following "means".

Reserved.

SECTION 25.

Reserved.

SECTION 26.

SECTION 27. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended in: (1) Code Section 27-2-2, relating to issuance and sale of hunting, fishing, and trapping licenses, identification required, withdrawal of agents' authority to sell licenses, online licensing system to allow making of anatomical gifts, and anatomical gift education and awareness, in paragraph (b)(3), by replacing "resident sportsman licenses" with "resident sportsman's licenses". (2) Code Section 27-2-23, relating to license, permit, tag, and stamp fees, in subparagraph (3)(H), by replacing "years of age and under" with "years of age or younger".

SECTION 28. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended in: (1) Code Section 28-1-14.1, relating to requirements for revising districts, proposed plans submitted electronically, and legislative requirements, in subsection (a), by inserting a comma following "such offices".

SECTION 29. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended in: (1) Code Section 29-9-15, relating to compensation for legal counsel or guardian ad litem, in subsection (b), by replacing "the petitioner(s)" with "the petitioner or petitioners".

Reserved.

SECTION 30.

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SECTION 31. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in: (1) Code Section 31-6-70, relating to reports to the department by certain health care facilities and all ambulatory surgical centers and imaging centers and public availability, in subsection (d), by replacing "subsections (b)" with "subsection (b)". (2) Code Section 31-44-3, relating to adoption of rules and annual reporting regarding renal disease facilities, by deleting the subsection (a) designation and repealing subsection (b). (3) Code Section 31-53-6, relating to compiling of reports and public dissemination of data, by deleting paragraphs (a)(3) and (a)(4) and redesignating paragraphs (a)(5) through (a)(13) as paragraphs (a)(3) through (a)(11), respectively.

Reserved.

SECTION 32.

SECTION 33. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in: (1) Code Section 33-1-9.1, relating to crimes of staging a collision or filing a fraudulent claim and penalty, in the introductory language of subsection (a), by replacing "insurance fraud," with "insurance fraud". (2) Code Section 33-1-20, relating to health care sharing ministry, in the introductory language of subsection (a), by replacing "faith-based" with "faith based" and in subsection (b), by replacing "cost sharing arrangement" with "cost-sharing arrangement". (3) Code Section 33-1-21, relating to certain subscription agreements for prepaid air ambulance service not contract of insurance and definitions, in paragraph (a)(2), by replacing "for-hire" with "for hire". (4) Code Section 33-1-23, relating to establishment of exchange, in subsection (e), by replacing "MEDICAID" with "Medicaid". (5) Code Section 33-2-10, relating to issuance and service of orders and notices, in subsection (d), by replacing "electronic mail" with "email" both times the term appears. (6) Code Section 33-5-20, relating to "The Surplus Line Insurance Law," by replacing "shall constitute and may be referred to as" with "shall be known and may be cited as". (7) Code Section 33-9-21, relating to maintenance and filing rates, rating plans, rating systems, or underwriting rules and examination of claim reserve practices by Commissioner, in the introductory language of subsection (a), by replacing "provided, however, the Commissioner" with "provided, however, that the Commissioner" and in subsection (e), by replacing "provided, however, if the Commissioner" with "provided, however, that if the Commissioner". (8) Code Section 33-20B-2, relating to definitions regarding essential rural health care provider access, in the introductory language of paragraph (6), by replacing "department of community health" with "Department of Community Health".

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(9) Code Section 33-23-12, relating to limited licenses of agents, agencies, subagents, counselors, and adjusters, in paragraph (d)(16), by replacing "e-mail" with "email" each time the term appears and in division (f)(2)(C)(iii), by replacing "laws, rules and regulations" with "laws and rules and regulations". (10) Code Section 33-23-21, relating to grounds for refusal, suspension, or revocation of license, in paragraph (22), by replacing "paragraphs (18)" with "paragraph (18)". (11) Code Section 33-23-43.1, relating to requirements for public adjuster contracts, in paragraph (a)(2), by replacing "e-mail" with "email". (12) Code Section 33-24-4, relating to insurable interest and property insurance, in subsection (a), by replacing "section, 'insurable interest' means" with "section, the term 'insurable interest' means". (13) Code Section 33-24-14, relating to delivery of policies, applicability of Uniform Electronic Transactions Act, and additional mailings, in paragraph (d)(4), by replacing "e-mail" with "email". (14) Code Section 33-24-22, relating to provision in health insurance policies for coverage of newly born or adopted children, by deleting subsection (e), which is designated as reserved. (15) Code Section 33-24-26.1, relating to provisions required in group policies or contracts of disability income insurance covering preexisting conditions and restrictions on preexisting condition limitations or exclusions, by deleting subsection (d), which is designated as reserved. (16) Code Section 33-24-27.2, relating to provision for reimbursement for services within the lawful scope of practice of athletic trainers, by replacing "subsection" with "Code section". (17) Code Section 33-24-28.2, relating to coverage of outpatient surgery, in paragraph (a)(4), by inserting a comma following "Section 1320c". (18) Code Section 33-24-41.1, relating to motor vehicle accident claim covered by two or more insurance carriers and limited release, in subsection (c), by deleting the comma following "state". (19) Code Section 33-24-56.3, relating to colorectal cancer screening and testing, in paragraph (a)(1), by inserting a comma following "this state". (20) Code Section 33-24-57, relating to health insurance and provision that coverage cannot be terminated due to individual claims experience required, in paragraph (a)(1), by replacing "Sec." with "Section". (21) Code Section 33-24-59.7, relating to coverage for the treatment of morbidly obese patients, short title, legislative findings, and adoption of rules and regulations by the Commissioner of Insurance, in subparagraph (c)(1)(C), by inserting a comma following "Section 1396". (22) Code Section 33-24-59.9, relating to registered nurse first assistants, in subsection (d), by deleting the comma following "this state".

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(23) Code Section 33-24-72, relating to mastectomy, lymph node dissection, coverage for inpatient care and follow-up visits required by health insurers, and notice to policyholders, in paragraph (a)(3), by inserting a comma following "Section 1396". (24) Code Section 33-28-3, relating to standard nonforfeiture provisions for individual deferred annuities, at the end of paragraph (c)(5), by inserting a period. (25) Code Section 33-29-2, relating to requirements as to individual accident and sickness insurance policies generally, by deleting subsection (c), which is designated as reserved. (26) Code Section 33-29-3.4, relating to insurance coverage for child wellness services, by deleting subsection (g), which is designated as reserved. (27) Code Section 33-30-4.5, relating to coverage for child wellness services, in subsection (b), by deleting the comma following "renewed in this state" and by deleting subsection (g), which is designated as reserved. (28) Code Section 33-34A-13, relating to applicability regarding vehicle protection product warranties, by repealing said Code section, which is designated as reserved. (29) Code Section 33-37-8.1, relating to immunity of receivers and employees, indemnification, attorney's fees, and approval of settlement, by deleting subsection (h), which is designated as reserved. (30) Code Section 33-39-3, relating to definitions regarding the collection, use, and disclosure of information gathered by insurance institutions, in paragraph (11), by inserting "of this title" following "Chapters 20 and 21". (31) Code Section 33-41-19, relating to captive insurance company rates, underwriting rules, and policy forms, by deleting subsection (c), which is designated as reserved. (32) Code Section 33-41-101, relating to definitions regarding sponsored captive insurance companies, at the end of subparagraph (9)(D), by replacing "cells: and" with "cells; and". (33) Code Section 33-41-103, relating to incorporated protected cells, legal entity status, requirements for formation, naming, and rights and authority, at the end of the introductory language of subsection (c), by replacing the semicolon with a colon. (34) Code Section 33-42-7, relating to regulations regarding long-term care insurance, by repealing said Code section, which is designated as reserved. (35) Code Section 33-50-5, relating to minimum surplus, capital requirements, security deposit, annual audit, aggregate excess stop-loss coverage, and individual excess stop-loss coverage, by deleting subsection (i), which is designated as reserved. (36) Code Section 33-51-3, relating to the development of guidelines, promotion by Commissioner, and authority of Commissioner regarding the Georgia Affordable HSA Eligible High Deductible Health Plan, by deleting subsection (e), which is designated as reserved. (37) Code Section 33-59-18, relating to transacting business permitted while the provider's license application is pending, by repealing said Code section, which is designated as reserved. (38) Code Section 33-60-6, relating to the authority of the Commissioner with respect to Chapter 60, by repealing said Code section, which is designated as reserved.

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(39) Code Section 33-61-1, relating to definitions regarding the regulation of automobile clubs, by deleting paragraph (3), which is designated as reserved. (40) Code Section 33-64-10, relating to the administration of claims by a pharmacy benefits manager, in subsection (b), by deleting the comma following "but not limited to".

Reserved.

SECTION 34.

SECTION 35. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended in: (1) Code Section 35-1-17, relating to local law enforcement agencies to enter into agreements with federal agencies for the enforcement of immigration laws, at the beginning of subsection (a), by inserting an internal catchline following the "(a)" designation to read "Legislative intent.". (2) Code Section 35-2-124, relating to the Georgia Building Authority reimbursement to the Department of Public Safety for costs related to performing police and security duties within Capitol Square, by deleting "Governor's" preceding "Office of Planning and Budget".

SECTION 36. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended in: (1) Code Section 36-8-1, relating to the election or appointment of county police and qualifications, in subsection (c), by inserting "of this Code section" following "subsection (b)". (2) Code Sections 36-10-3 through 36-10-5, which are reserved, by repealing said Code sections. (3) Code Section 36-20-6, relating to board supervision of the Georgia County Leadership Academy, in subsection (a), by replacing "article" with "chapter". (4) Code Section 36-36-16, relating to procedures for annexation by local Act of the General Assembly and referendum, in subsection (a), by replacing "comprised" with "composed" and in subsection (b), by replacing "provided, however, if" with "provided, however, that if". (5) Code Section 36-60-2, relating to contracts to provide industrial waste water treatment services, by replacing "waste water" with "waste-water". (6) Code Section 36-63-11, relating to the construction of chapter generally, applicability of certain other provisions of law to proceedings under chapter, and effect of chapter with respect to other development authorities, in subsection (a), by replacing "'The Georgia Cogeneration Act of 1979.''' with "'The Georgia Cogeneration and Distributed Generation Act of 2001.'".

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(7) Code Section 36-80-23, relating to prohibition on immigration sanctuary policies by local governmental entities and certification of compliance, in paragraph (a)(3), by replacing "Code Section 16-4-10" with "Code Section 16-11-220". (8) Code Section 36-80-28, relating to the role of consultants in local government, disclosures, and application, in paragraph (b)(1), by replacing "contract or arrangement" with "a contract or an arrangement". (9) Code Section 36-82-61, relating to definitions regarding revenue bonds, in division (4)(C)(iv), by replacing "provided, further, any" with "provided, however, that any".

SECTION 37. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended in: (1) Code Section 37-1-112, relating to the Behavioral Health Reform and Innovation Commission members, terms, officers, and operational matters, in paragraph (c)(1), by replacing "Commissioner of the Department of Behavioral Health and Developmental Disabilities" with "Commissioner of behavioral health and developmental disabilities"; in paragraph (c)(2), by replacing "Commissioner of the Department of Juvenile Justice" with "Commissioner of juvenile justice"; in paragraph (c)(3), by replacing "Commissioner of the Department of Corrections" with "Commissioner of corrections"; in paragraph (c)(4), by replacing "Commissioner of the Department of Community Health" with "Commissioner of community health"; and in paragraph (c)(5), by replacing "Commissioner of the Department of Community Supervision" with "Commissioner of community supervision".

Reserved.

SECTION 38.

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 40-2-137, relating to electronic notice of motor vehicle insurance coverage and termination by insurance agent, notice of termination to owner, duties of owner, fees, and insurance coverage for active military duty personnel, in subparagraph (b)(1)(B), by inserting "the" preceding "vehicle identification number". (2) Code Section 40-3-36, relating to cancellation of motor vehicle certificate of title for scrap, dismantled, or demolished vehicles or trailers, salvage certificate of title, administrative enforcement, and removal of license plates, in subparagraph (a)(2)(J), by replacing "on-line" with "online" both times the term appears. (3) Code Section 40-6-163, relating to the duty of a driver of a vehicle meeting or overtaking a school bus, reporting of violations, and civil monetary penalty for violations captured by

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a school bus camera, in the introductory language of subparagraph (d)(1)(A), by replacing "entity who" with "entity that" and in the introductory language of paragraph (d)(9), by replacing "database" with "data base". (4) Code Section 40-11-14, relating to unattended vehicle checks, completion and attachment of vehicle check card, and determination if vehicle is stolen, in subsection (c), by deleting the comma following "Department of Public Safety" and in subsection (d), by replacing "motor vehicle card" with "vehicle check card". (5) Code Section 40-11-15, relating to the removal of a vehicle, liability, and duty of towing and storage firm when removal at request of law enforcement, in subsection (b), by deleting the comma following "traffic congestion". (6) Code Section 40-11-16, relating to the duty of the towing and storage firm when removing a vehicle at the request of property owners and obligations of a repair facility or salvage dealer in possession of a vehicle, in paragraph (b)(1), by deleting the comma following "Code Section 40-11-19.1". (7) Code Section 40-11-18, relating to the retrieval of personal property from abandoned motor vehicles, in subsection (b), by replacing "which" with "on which" and in subsection (c), by replacing "code" with "Code". (8) Code Section 40-11-19, relating to notification letter to owners of abandoned motor vehicles, advertisement, lien upon vehicle, recoverable fees, form disclaiming ownership, and demand letter, in paragraph (a)(2), by replacing "owners" with "owner" and in the introductory language of paragraph (c)(1), by deleting the comma following "certified mail".

Reserved.

SECTION 41.

SECTION 42. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in: (1) Code Section 42-3-51, relating to a community service or educational advancement program, letter of application, requirements, or limitation of liability, in subsection (c), by inserting "in an" preceding "educational advancement program" and in subsection (d), by replacing "in community service" with "in the court's community service". (2) Code Section 42-5-18, relating to items prohibited for possession by inmates, warden's authorization, penalty, and use of unmanned aircraft to accomplish violations, in paragraph (f)(4), by replacing "Code section 6-1-4" with "Code Section 6-1-4". (3) Code Section 42-8-63.1, relating to discharges disqualifying individuals from employment regarding first offenders, in paragraphs (a)(1) and (b)(1), by replacing "after school care" with "after-school care". (4) Code Section 42-8-106.1, relating to powers and duties of Board of Community Supervision, in paragraph (6), by replacing "entity or agency" with "agency or entity".

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SECTION 43. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in: (1) Code Section 43-10-9, relating to application for certificate of registration regarding barbers and cosmetologists, in paragraphs (e)(1) and (e)(2), by replacing "barbershop" with "barber shop". (2) Code Section 43-26-7, relating to requirements for licensure as a registered professional nurse and requirements for nontraditional nursing education programs, in paragraph (c)(5), by replacing "licensure by examination" with "licensure by endorsement". (3) Code Section 43-28-3, relating to definitions regarding occupational therapists, in subparagraph (6)(A), by deleting the comma following "consultation with" and in subparagraph (6)(B), by replacing "wellbeing" with "well-being". (4) Code Section 43-28-12, relating to issuance of license, fees, limited permits, and use of titles and abbreviations regarding occupational therapists, in subsection (b), by replacing "requirements of contained in" with "requirements contained in". (5) Code Section 43-28-13, relating to denial, refusal to renew, suspension, or revocation of occupational therapist licenses, probation, fines, and reinstatement, in subparagraph (a)(9)(A), by deleting "patient" following "occupational therapy assistant".

SECTION 44. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in: (1) Code Section 44-7-113, relating to government agent to assess abandoned mobile home, lien on intact mobile home, derelict mobile homes, notice, and governmental immunity, in the form in subsection (c), by replacing "(describe make, model, and color, if known) located at (address or description of location)" with "(describe make, model, and color, if known) located at (address or description of location)". (2) Code Section 44-12-236, relating to alternative method of disposition of unclaimed property with respect to certain dividends or capital credits which are presumed abandoned, definitions, and procedures, in the introductory language of subsection (a), by replacing "the Code section" with "this Code section".

Reserved.

SECTION 45.

Reserved.

SECTION 46.

Reserved.

SECTION 47.

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SECTION 48. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in: (1) Code Section 48-4-1, relating to procedures for sales under tax levies and executions, in paragraph (a)(3), by deleting "or" following "his or her". (2) Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners, as effective on January 1, 2021, in subparagraph (b)(2)(B), by replacing "performance-based" with "performance based" both times the term appears. (3) Code Section 48-5C-1, relating to definitions regarding alternative ad valorem tax on motor vehicles, exemption from taxation, allocation and disbursement of proceeds collected by tag agents, fair market value of vehicle appealable, and report, in paragraph (a)(.1), by replacing "fireman" with "firefighter" each time the term appears, by replacing "or a surviving spouse" with "or surviving spouse", and by deleting the comma following "individual". (4) Code Section 48-7-29.8, relating to tax credits for the rehabilitation of historic structures and conditions and limitations, at the end of subparagraph (e)(2)(C), by deleting "and" following "credit;" and at the end of subparagraph (e)(2)(D), by replacing the period with "; and". (5) Code Section 48-7-29.22, relating to tax credit for preceptor rotations, implementation, regulation, and expiration, at the end of paragraph (a)(4), by inserting a period. (6) Code Section 48-7-40.35, relating to credit for qualified employers, conditions and limitations to credit, and requirements for being qualified employer, in paragraph (d)(1), by replacing "this Code Section" with "this Code section". (7) Code Section 48-8-203, relating to the imposition of tax following approval and termination of tax regarding water and sewer projects and costs tax, in paragraph (c)(2), by inserting a semicolon following "Code Section 48-8-202". (8) Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, in divisions (a)(2.2)(A)(ii), (a)(2.2)(A)(iii), (a)(2.2)(A)(vi), and (a)(2.2)(A)(vii), by replacing "shall mean" with "means".

SECTION 49. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in: (1) Code Section 49-5-184, relating to expungement hearings regarding the Central Child Abuse Registry, in subsection (e), by replacing "of that such decision" with "of such decision".

SECTION 50. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in:

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(1) Code Section 50-13-41, relating to hearing procedures by the Office of State Administrative Hearings, powers of administrative law judge, issuance of decision, reviewing agency, and review of contested cases, in paragraph (d)(1), by replacing "titles IV-B and IV-E" with "Title IV-B and Title IV-E". (2) Code Section 50-18-72, relating to when public disclosure not required regarding inspection of public records, in paragraph (a)(4), by replacing "Code Section 35-1-18" with "Code Section 35-1-19". (3) Code Section 50-39-2, relating to definitions regarding the creation and organization of the Atlanta-region Transit Link "ATL" Authority, in paragraph (3), by replacing "Sections 7401 to 7671q" with "Sections 7401 through 7671q".

Reserved.

SECTION 51.

SECTION 52. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended in: (1) Code Section 52-7-8.4, relating to prohibition of discharge of sewage into estuarine, definitions, establishment of anchorage areas, secured mechanism preventing discharge, record keeping, safe harbor, and exceptions, in subsection (g), by replacing "non-releasable" with "nonreleasable".

SECTION 53. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, is amended in: (1) Code Section 53-12-9, relating to "interested persons" defined and binding nonjudicial settlement agreements regarding general provisions of trusts, in paragraph (c)(1), by replacing "this Code" with "this Code section". (2) Code Section 53-13-2, relating to definitions regarding the "Revised Uniform Fiduciary Access to Digital Assets Act," in paragraph (16), by inserting "or" following "instrumentality,".

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 2019 supplements to the Official Code of Georgia Annotated published under authority of the state in 2019 by LEXIS Publishing, are hereby reenacted.

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(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 2019 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 2020 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict.

SECTION 55. This Act shall become effective 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 July 29, 2020.

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RETIREMENT AND PENSIONS TEACHERS RETIREMENT SYSTEM OF GEORGIA; ALTERNATIVE INVESTMENTS.

No. 522 (Senate Bill No. 294).

AN ACT

To amend Code Section 47-20-87 of the Official Code of Georgia Annotated, relating to eligible large retirement systems authorized to invest in certain alternative investments, so as to permit the Teachers Retirement System of Georgia to invest in alternative investments; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 47-20-87 of the Official Code of Georgia Annotated, relating to eligible large retirement systems authorized to invest in certain alternative investments, is amended by revising paragraph (2) of subsection (a) as follows:
"(2) 'Eligible large retirement system' means a large retirement system as defined in subsection (a) of Code Section 47-20-84."

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

Approved July 29, 2020.

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FIRE PROTECTION AND SAFETY PUBLIC OFFICERS AND EMPLOYEES PROCEDURES FOR CERTIFICATION OF FIRE DEPARTMENTS AND VOLUNTEER FIRE DEPARTMENTS; GEORGIA VOLUNTEER FIRE SERVICE COUNCIL; TEMPORARY DISABILITY PROGRAM; REVISE DEFINITION.

No. 542 (Senate Bill No. 342).

AN ACT

To amend Article 2 of Chapter 3 and Article 1 of Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to minimum requirements for local fire departments and general provisions relative to firefighter standards and training, respectively, so as to provide for procedures for organization, issuance and revocation of certificates of compliance, requirements, and training and standards of fire departments and volunteer fire departments; to provide for a definition; to establish the Georgia Volunteer Fire Service Council; to provide for membership, functions, powers, and meetings for such council; to provide for administrative assignment; to provide for qualifications for volunteer firefighters; to provide for basic training and certificates for volunteer firefighters; to amend Code Section 45-9-101 of the Official Code of Georgia Annotated, relating to definitions relative to the temporary disability compensation program, so as to revise a definition; 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 25 of the Official Code of Georgia Annotated, relating to minimum requirements for local fire departments, is amended by revising Code Section 25-3-22, relating to notification and documentation that organization meets requirements and issuance of certificate of compliance, as follows:
"25-3-22. (a) In order for a fire department employing full-time firefighters or part-time firefighters to be legally organized to operate in the State of Georgia, the chief administrative officer of the fire department shall notify and submit all required documentation to the executive director that demonstrates that the organization meets the minimum requirements specified in Code Section 25-3-23 and the rules and regulations of the Georgia Firefighter Standards and Training Council to function as a fire department. If the executive director is satisfied that the fire department meets the minimum requirements contained in Code Section 25-3-23 and the rules and regulations of the Georgia Firefighter Standards and

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Training Council, he or she shall recommend to the Georgia Firefighter Standards and Training Council that a certificate of compliance be issued by the council to the fire department. If the council issues such certificate of compliance, the fire department shall be authorized to exercise the general and emergency powers set forth in Code Sections 25-3-1 and 25-3-2. (b) In order for a volunteer fire department to be legally organized to operate in the State of Georgia, the chief administrative officer of the fire department shall notify and submit all required documentation to the executive director that demonstrates that the organization meets the minimum requirements specified in Code Section 25-3-23 and the rules and regulations of the Georgia Volunteer Fire Service Council to function as a volunteer fire department. If the executive director is satisfied that the volunteer fire department meets the minimum requirements contained in Code Section 25-3-23 and the rules and regulations of the Georgia Volunteer Fire Service Council, he or she shall recommend to the Georgia Volunteer Fire Service Council that a certificate of compliance be issued by such council to the volunteer fire department. If the Georgia Volunteer Fire Service Council issues such certificate of compliance, the fire department shall be authorized to exercise the general and emergency powers set forth in Code Sections 25-3-1 and 25-3-2."

SECTION 2. Said article is further amended in Code Section 25-3-23, relating to general requirements, equipment and clothing, and insurance, by revising subsections (a) and (c) as follows:
"(a) Except as otherwise provided in subsection (c) of this Code section, in order to be legally organized:
(1) A fire department shall comply with the following requirements: (A) Be established to provide fire and other emergency and nonemergency services in accordance with standards specified by the Georgia Firefighter Standards and Training Council, for fire departments employing full-time firefighters or part-time firefighters, or the Georgia Volunteer Fire Service Council, for fire departments solely utilizing volunteer firefighters, and the applicable local government; (B) Be capable of providing fire protection 24 hours a day, 365 days per year; (C) Be responsible for a defined area of operations depicted on a map located at the fire station, which area of operations shall have been approved and designated by the governing authority of the applicable county, municipality, or other political subdivision in the case of any county, municipal, or volunteer fire department; and (D) Be staffed with a sufficient number of full-time, part-time, or volunteer firefighters who have successfully completed basic firefighter training as specified by the Georgia Firefighter Standards and Training Council, for fire departments employing full-time firefighters or part-time firefighters, or the Georgia Volunteer Fire Service Council, for fire departments solely utilizing volunteer firefighters; and
(2) A fire department shall possess the following items of approved equipment and protective clothing:

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(A) A minimum of one fully equipped, operable pumper with a capacity of at least 750 GPM at 150 PSI and a tank capacity of a minimum of 250 gallons; provided, however, that previously approved fire apparatus which does not meet such minimum standards may be used in lieu of the minimum required pumper until replaced by the local authority; (B) A minimum of equipment, appliances, adapters, and accessories necessary to perform and carry out the duties and responsibilities of a fire department set forth in Code Sections 25-3-1 and 25-3-2 as approved by the Georgia Firefighter Standards and Training Council, for fire departments employing full-time firefighters or part-time firefighters, or the Georgia Volunteer Fire Service Council, for fire departments solely utilizing volunteer firefighters; (C) A minimum of two approved self-contained breathing apparatus for each pumping apparatus as approved by the Georgia Firefighter Standards and Training Council, for fire departments employing full-time firefighters or part-time firefighters, or the Georgia Volunteer Fire Service Council, for fire departments solely utilizing volunteer firefighters; and (D) A minimum issue of sufficient personal protective clothing to permit each member to perform safely the duties of a firefighter." "(c)(1) The Georgia Firefighter Standards and Training Council shall be authorized to adopt such rules and regulations for fire departments employing full-time firefighters or part-time firefighters as are reasonable and necessary to implement the provisions of this Code section and to establish and modify minimum requirements for all fire departments operating in this state, provided that such requirements are equal to or exceed the requirements provided in subsections (a) and (b) of this Code section. (2) The Georgia Volunteer Fire Service Council shall be authorized to adopt such rules and regulations for fire departments solely utilizing volunteer firefighters as are reasonable and necessary to implement the provisions of this Code section and to establish and modify minimum requirements for all volunteer fire departments operating in this state, provided that such requirements are equal to or exceed the requirements provided in subsections (a) and (b) of this Code section."

SECTION 3. Said article is further amended by revising Code Section 24-3-25, relating to suspension or revocation of certificate of compliance, hearing by aggrieved departments, and enforcement of suspensions or revocations, as follows:
"25-3-25. (a) The certificate of compliance issued by the Georgia Firefighter Standards and Training Council or the Georgia Volunteer Fire Service Council shall be subject to suspension or revocation by the applicable council at any time it receives satisfactory evidence that the fire department is not maintaining sufficient personnel, equipment, or insurance required by Code Section 25-3-23, or the rules and regulations of the Georgia Firefighter Standards

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and Training Council, for fire departments employing full-time firefighters or part-time firefighters, or the Georgia Volunteer Fire Service Council, for fire departments solely utilizing volunteer firefighters, pursuant to subsection (c) of Code Section 25-3-23. (b) The chief administrative officer of any fire department aggrieved by a decision of the Georgia Firefighter Standards and Training Council, for fire departments employing full-time firefighters or part-time firefighters, or the Georgia Volunteer Fire Service Council, for fire departments solely utilizing volunteer firefighters, under subsection (a) of this Code section may, within 30 days of the date of such decision, request a hearing on the matter before the applicable council. Following a hearing before the applicable council, the chief administrative officer of the fire department affected shall be served with a written decision of the applicable council announcing whether the certificate of compliance shall remain revoked or suspended or whether it shall be reinstated. (c) The Georgia Firefighters Standards and Training Council, for fire departments employing full-time firefighters or part-time firefighters, or the Georgia Volunteer Fire Service Council, for fire departments solely utilizing volunteer firefighters, shall not suspend or revoke any certificate of compliance for failure to meet firefighter training requirements when such failure was due to unavailability of required training from or through the Georgia Fire Academy. (d) The Georgia Firefighters Standards and Training Council, for fire departments employing full-time firefighters or part-time firefighters, or the Georgia Volunteer Fire Service Council, for fire departments solely utilizing volunteer firefighters, may refer suspensions or revocations to the Attorney General for enforcement. Upon referral from a council, the Attorney General may bring a civil action to enjoin any organization which is not in compliance with the applicable requirements of this chapter from performing any or all firefighting functions until such requirements are met by such organization."

SECTION 4. Article 1 of Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to general provisions relative to firefighter standards and training, is amended in Code Section 25-4-2, relating to definitions, by revising paragraph (9) and adding a new paragraph to read as follows:
"(9) 'Volunteer' means not employed for compensation on an hourly or salaried basis, but appointed and regularly enrolled to serve as a firefighter for any municipal, county, state, or private incorporated fire department. (10) 'Volunteer council' means the Georgia Volunteer Fire Service Council established by Code Section 25-4-3.1."

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SECTION 5. Said article is further amended by adding a new Code section to read as follows:
"25-4-3.1. (a) There is established the Georgia Volunteer Fire Service Council which shall serve as a division of the council. The volunteer council shall possess all powers, rights, and duties as set forth by this article and shall not be considered an advisory committee as set forth in subsection (e) of Code Section 25-4-3. The volunteer council shall be composed of seven members, all of which shall be members of volunteer fire departments that are otherwise not participants in the paid fire service unless in the capacity as a paid local fire chief in a jurisdiction with all volunteer firefighters. Two members shall be appointed by the Lieutenant Governor. Two members shall be appointed by the Speaker of the House of Representatives. The remaining three members shall be appointed by the Governor. (b) The members of the volunteer council appointed by the Governor pursuant to subsection (a) of this Code section shall be appointed at the sole discretion of the Governor; provided, however, that the Governor may consider for such appointments persons suggested for membership thereon as follows:
(1) The Association County Commissioners of Georgia may suggest the names of three persons; (2) The Georgia Municipal Association may suggest the names of three persons; (3) The Georgia Association of Fire Chiefs may suggest the names of three persons; and (4) The Executive Board of the Georgia State Firefighters Association may suggest the names of three persons. (c)(1) The first members of the volunteer council appointed pursuant to subsection (a) of this Code section shall be appointed to take office on January 1, 2021. The two members appointed by the Lieutenant Governor shall be appointed for initial terms of one year, the two members appointed by the Speaker of the House of Representatives shall be appointed for initial terms of two years, and the three members appointed by the Governor shall be appointed for initial terms of three years. Thereafter, successors shall be appointed for terms of three years as their respective terms of office expire. (2) All members shall serve until their successors are appointed and qualified. In the event of a vacancy in the membership of the volunteer council for any reason, including ceasing to meet the qualifications required pursuant subsection (a) of this Code section, the Governor shall fill such vacancy for the unexpired term; provided, however, that a vacancy in those members of the volunteer council appointed by the Lieutenant Governor or the Speaker of the House of Representatives shall be filled for the remainder of the unexpired term in the same manner as the original appointment. In order for the Governor to consider the names of persons suggested for membership on the volunteer council pursuant to subsection (b) of this Code section, such names must be submitted to the Governor by the respective organizations at least 60 days but not more than 90 days prior to the expiration of the respective terms of office or prior to the appointment of the initial members of the volunteer council who take office on January 1, 2021. The

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Governor shall be authorized, but not required, to request the appropriate organization designated in subsection (b) of this Code section to suggest the names of three persons for the Governor's consideration in making an appointment to fill a vacancy. (d) At the first regular meeting of the volunteer council held in each odd-numbered year, the volunteer council shall elect a chairperson and such other officers from its own membership as it deems necessary to serve until successors are elected by the volunteer council as provided in this Code section. (e) The volunteer council may, from time to time, designate an advisory committee to assist and advise the volunteer council in carrying out its duties under this article. The members of any such advisory committee shall serve at the pleasure of the volunteer council. (f) Each member of the volunteer council and each member of an advisory committee of the volunteer council, in carrying out their official duties, shall be entitled to receive the same expense and mileage allowance authorized for members of professional licensing boards by subsection (f) of Code Section 43-1-2. The funds for such expenses and allowances shall be paid from funds appropriated or available to the Department of Public Safety."

SECTION 6. Said article is further amended by revising Code Section 25-4-4, relating to eligibility of members of the Georgia Firefighter Standards and Training Council for public office, as follows:
"25-4-4. Membership on the council or volunteer council does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership."

SECTION 7. Said article is further amended by revising Code Section 25-4-5, relating to administrative assignment to Department of Public Safety, source of funds, and authority to accept gifts by the Georgia Firefighter Standards and Training Council, as follows:
"25-4-5. The council and volunteer council are assigned to the Department of Public Safety for administrative purposes. The funds necessary to carry out this chapter shall come from funds appropriated to and available to the council and volunteer council and from any other available funds. The council and volunteer council are authorized to accept and use gifts, grants, and donations for the purpose of carrying out this chapter. The council and volunteer council are also authorized to accept and use property, both real and personal, and services for the purpose of carrying out this article."

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SECTION 8. Said article is further amended by revising Code Section 25-4-6, relating to meetings, quorum, and annual report by the Georgia Firefighter Standards and Training Council, as follows:
"25-4-6. (a) The business of the council shall be conducted in the following manner:
(1) The council shall hold at least two regular meetings each year at the call of the chairperson or upon the written request of six members of the council. Six members of the council shall constitute a quorum. The council shall adopt such rules for the transaction of its business as it shall desire and may appoint such committees as it considers necessary to carry out its business and duties; and (2) The council shall make an annual report of its activities to the Governor and to the General Assembly and shall include in the report its recommendations for appropriate legislation. The council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient. (b) The business of the volunteer council shall be conducted in the following manner: (1) The volunteer council shall hold at least two regular meetings each year at the call of the chairperson or upon written request of four members of the volunteer council. Four members of the volunteer council shall constitute a quorum. The volunteer council shall adopt such rules for the transaction of its business as it shall desire and may appoint such committees as it considers necessary to carry out its business and duties; and (2) The volunteer council shall make an annual report of its activities to the Governor and to the General Assembly and shall include in the report its recommendations for appropriate legislation. The volunteer council shall not be required to distribute copies of the annual report to the members of the General Assembly but shall notify the members of the availability of the report in the manner which it deems to be most effective and efficient."

SECTION 9. Said article is further amended by revising Code Section 25-4-7, relating to functions and powers of the Georgia Firefighter Standards and Training Council, as follows:
"25-4-7. (a) The council is vested with the following functions and powers:
(1) To promulgate rules and regulations for the administration of the council; (2) To provide rules of procedure for its internal management and control; (3) To enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to this chapter; (4) To establish uniform minimum standards for the employment and training of full-time firefighters, part-time firefighters, airport firefighters, fire and life safety educators, fire inspectors, fire investigators, and other such firefighting service

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professionals as determined by the council, including qualifications, certifications, recertifications, decertifications, and probations for certified individuals and suspensions for noncertified individuals, and requirements, which are consistent with this chapter; (5) To establish minimum curriculum requirements for schools operated by or for any employing agency for the specific purpose of training firefighter recruits or full-time firefighters, part-time firefighters, airport firefighters, fire and life safety educators, fire inspectors, and fire investigators; (6) To approve institutions and facilities for school operation by or for any employing agency for the specific purpose of training full-time and part-time firefighters and full-time and part-time firefighter recruits, including airport firefighters; (7) To make or support studies on any aspect of firefighter education and training or recruitment; (8) To make recommendations concerning any matter within its purview; (9) To establish basic firefighter training requirements for full-time, part-time, and contract firefighters, including airport firefighters; (10) To certify any person satisfactorily complying with the training program established in accordance with paragraph (9) of this subsection and the qualifications for employment covered in this chapter; and (11) To issue a certificate to any person who has received training in another state or who has received training as a federal firefighter by the United States government, when the council has determined that the training was at least equivalent to that required by the council for approved firefighter education and training programs in this state and when the person has satisfactorily complied with all other requirements of this chapter. (b) The volunteer council is vested with the following functions and powers: (1) To promulgate rules and regulations for the administration of the volunteer council; (2) To provide rules of procedure for its internal management and control; (3) To enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to this chapter; (4) To establish uniform minimum standards for the training of volunteer firefighters, including qualifications, certifications, and requirements, which are consistent with this chapter; (5) To make or support studies on any aspect of firefighter education and training or recruitment; (6) To make recommendations concerning any matter within its purview; (7) To establish basic firefighter training requirements for volunteer firefighters; (8) To certify any person satisfactorily complying with the training program established in accordance with paragraph (7) of this subsection and the qualifications for serving as a volunteer firefighter covered in this chapter; and (9) To issue a certificate to any person who has received training in another state or who has received training as a federal firefighter by the United States government, when the volunteer council has determined that the training was at least equivalent to that required

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by the volunteer council for approved volunteer firefighter education and training programs in this state and when the person has satisfactorily complied with all other requirements of this chapter. (c) All rules and regulations promulgated by the volunteer council may be overturned by a two-thirds' vote of the council. In such instance, the rule or regulation shall be returned to the volunteer council for reconsideration."

SECTION 10. Said article is further amended by revising Code Section 25-4-7.1, relating to appointment and compensation of executive director and assistants, as follows:
"25-4-7.1. (a) The council, in conjunction with the volunteer council, shall appoint and establish the compensation of an executive director who shall serve at the pleasure of the council. (b) The executive director may contract for such services and employ such other professional, technical, and clerical personnel as may be necessary and convenient to carry out the purposes of this chapter. (c) The executive director shall provide the same services in support of the volunteer council as provided to the council. (d) The executive director shall bring all issues involving volunteer firefighters and volunteer fire departments to the volunteer council."

SECTION 11. Said article is further amended by adding a new Code section to read as follows:
"24-5-8.1. (a) Except as otherwise provided in Code Section 25-4-12, any person volunteering at a volunteer fire department as a volunteer firefighter shall, as prescribed by the volunteer council:
(1) Be at least 18 years of age; (2) Not have been convicted of, or pleaded guilty to, a felony in any jurisdiction or of a crime which if committed in this state would constitute a felony under the laws of this state within ten years prior to volunteering, provided that a person who has been convicted of a felony more than five but less than ten years prior to volunteering may be registered as a volunteer firefighter when the person has:
(A) Successfully completed a training program following the Georgia Fire Academy curriculum and sponsored by the Department of Corrections; (B) Been recommended to a volunteer fire department by the proper authorities at the institution at which the training program was undertaken; and (C) Met all other requirements for a volunteer firefighter as set forth in this chapter. (b) For the purposes of this Code section, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of

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a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had or shall have received a certificate of good conduct granted by the State Board of Pardons and Paroles pursuant to the provisions of law to remove a disability under law because of such conviction. Any person convicted of a felony while he or she is a registered volunteer firefighter shall have his or her registration revoked.
(c)(1) For purposes of making determinations relating to eligibility under this Code section, a local volunteer fire department shall provide information relative to prospective volunteers to the local law enforcement agency or other agency having access to the Georgia Crime Information Center for a search to determine if the prospective volunteer has been convicted of a felony in Georgia. Such local agency shall be authorized to obtain conviction data with respect to such prospective volunteers of a local volunteer fire department as authorized in this subsection. All conviction data received by the local agency shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except as provided in this subsection and except to any person or agency which otherwise has a legal right to inspect the file. All such records shall be maintained by the local agency pursuant to laws regarding such records and the rules and regulations of the Georgia Crime Information Center, as applicable. As used in this subsection, 'conviction data' means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought. (2) The volunteer council shall create a form upon which may be indicated only whether the prospective volunteer was convicted of a felony or has no felony convictions. The local agency shall complete such form and shall provide same to the chief of the fire department which requested information on a prospective volunteer. Such information may be provided to the volunteer council. The provisions of paragraph (1) of this subsection relating to privileged information and records of conviction data shall apply to any information provided by a local agency to a local volunteer fire department."

SECTION 12. Said article is further amended in Code Section 25-4-9, relating to basic firefighter training course and transfer of certification, by revising subsection (a) as follows:
"(a)(1)(A) Except as otherwise provided in paragraph (2) of this subsection, full-time, and part-time 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 for full-time and part-time firefighters. Upon satisfactory

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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. (B) The volunteer council shall determine the course content, number of hours, and all other matters relative to basic firefighter training for volunteer firefighters. Each volunteer firefighter shall be required to complete such basic training course within 18 months after being appointed as volunteer firefighter. (2) Each firefighter who presents to the council, or to the volunteer council in the case of volunteer firefighters, satisfactory documentation, as determined by the council or volunteer 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 or volunteer council."

SECTION 13. Said article is further amended by revising Cod Section 25-4-10, relating to mandatory annual training, as follows:
"25-4-10. (a) As a condition of continued certification, all full-time and part-time firefighters shall train, drill, or study at schools, classes, or courses at the local, area, or state level, as specified by the council. Authorized leaves of absence are expected. (b) As a condition of continued certification, all volunteer firefighters shall train, drill, or study at schools, classes, or courses at the local, area, or state level, as specified by the volunteer council. Authorized leaves of absence are expected."

SECTION 14. Code Section 45-9-101 of the Official Code of Georgia Annotated, relating to definitions relative to the temporary disability compensation program, is amended by revising subparagraph (B) of paragraph (3) as follows:
"(B) Any individual serving as an officially recognized or designated member of a legally organized volunteer fire department certified in writing by the Georgia Volunteer Fire Service Council pursuant to Code Section 25-3-22 who performs any acts or actions while on duty and when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property; or"

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

Approved July 29, 2020.

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COURTS REVENUE AND TAXATION COUNTY OFFICERS; COMPENSATION.

No. 543 (Senate Bill No. 295).

AN ACT

To amend Titles 15 and 48 of the Official Code of Georgia Annotated, relating to courts and revenue and taxation, respectively, so as to revise the cost-of-living and general performance based increases to take into account the increases provided for in 2020; 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 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraph (2) of subsection (b) of Code Section 15-6-88, relating to minimum annual salary schedule for clerks of superior court, effective January 1, 2021, as follows:
"(2) The amounts fixed in the minimum salary schedule in subsection (a) of this Code section shall not be increased by any state cost-of-living or general performance based increases that have been applied or are effective prior to January 1, 2020. Any state cost-of-living or general performance based increases effective on or after January 1, 2020, shall be calculated as provided in this Code section."

SECTION 2. Said title is further amended by revising subparagraph (a)(2)(B) of Code Section 15-9-63, relating to schedule of minimum salaries of judges of the probate court, effective January 1, 2021, as follows:
"(2) The amounts fixed in the minimum salary schedule in this subsection shall not be increased by any state cost-of-living or general performance based increases that have been applied or are effective prior to January 1, 2020. Any state cost-of-living or general performance based increases effective on or after January 1, 2020, shall be calculated as provided in this Code section."

SECTION 3. Said title is further amended by revising subparagraph (a)(2)(B) of Code Section 15-16-20, effective January 1, 2021, relating to minimum annual salary, increase, and operating expenses for sheriffs, as follows:
"(2) The amounts fixed in the minimum salary schedule in this subsection shall not be increased by any state cost-of-living or general performance based increases that have been applied or are effective prior to January 1, 2020. Any state cost-of-living or general

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performance based increases effective on or after January 1, 2020, shall be calculated as provided in this Code section."

SECTION 4. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subparagraph (b)(2)(B) of Code Section 48-5-183, effective January 1, 2021, relating to salaries of tax collectors and tax commissioners, as follows:
"(2) The amounts fixed in the minimum salary schedule in this subsection shall not be increased by any state cost-of-living or general performance based increases that have been applied or are effective prior to January 1, 2020. Any state cost-of-living or general performance based increases effective on or after January 1, 2020, shall be calculated as provided in this Code section."

SECTION 5. This Act shall become effective on January 1, 2021.

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

Approved July 29, 2020.

__________

STATE PROPERTY GRANTING OF NONEXCLUSIVE EASEMENTS.

No. 544 (House Resolution No. 1094).

A RESOLUTION

Authorizing the granting of nonexclusive easements for the construction, installation, operation, and maintenance of facilities, utilities, and ingresses and egresses in, on, over, under, upon, across, or through property owned by the State of Georgia in Barrow, Calhoun, Chatham, Cherokee, Clayton, Cobb, Crisp, Dougherty, Douglas, McIntosh, Muscogee, Paulding, Polk, and Richmond Counties; to provide for related matters; 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 Barrow, Calhoun, Chatham, Cherokee, Clayton, Cobb, Crisp, Dougherty, Douglas, McIntosh, Muscogee, Paulding, Polk, and Richmond Counties; and

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WHEREAS, Atlanta Gas Light; Bridgeline Capital, LLC; the City of Darien; Clayton County; Columbus Consolidated Government; the Crisp County Power Commission; Diverse Power; Georgia Power Company; Greystone Power Corporation; The Hale Foundation, Inc.; Ronald Collum; and Southern Fiberworks desire to operate and maintain facilities, utilities, and ingresses and egresses in, on, over, under, upon, across, or through a portion of said property; and

WHEREAS, these nonexclusive easements, facilities, utilities, and ingresses and egresses in, on, over, under, upon, across, or through the above-described state property have been requested or approved by the Department of Agriculture, Department of Human Services, Department of Natural Resources, Georgia Bureau of Investigation, and Technical College System of Georgia.

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

ARTICLE I SECTION 1.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Barrow County, Georgia, and is commonly known as Fort Yargo State Park Victor Lord Park; and the property is in the custody of the Georgia Department of Natural Resources which, by official action dated September 24, 2019, does not object to the granting of an easement and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground electrical transmission lines and associated equipment to serve the recreation fields. Said easement area is located in Barrow County and is more particularly described as follows:
That approximately 0.75 of an acre, lying and being in Barrow County, Georgia, and that portion only as shown on an engineering 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 3. That the above-described easement area shall be used solely for the purposes of constructing, installing, operating, and maintaining underground electrical transmission lines and associated equipment.

SECTION 4. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of underground electrical transmission lines and associated equipment.

SECTION 5. That, after Georgia Power Company has put into use the underground electrical transmission lines and associated equipment 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, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the underground electrical transmission lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 6. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 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 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 are for the sole benefit of the State of

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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 nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

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

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

SECTION 10. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

SECTION 11. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Barrow County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 12. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

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.

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ARTICLE II SECTION 14.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Calhoun and Dougherty Counties, Georgia, and is commonly known as Chickasawhatchee Wildlife Management Area; and the property is in the custody of the Georgia Department of Natural Resources which, by official action dated August 27, 2019, 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 Diverse Power, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground electrical transmission lines and associated equipment to serve a new shooting range. Said easement area is located in Calhoun and Dougherty Counties and is more particularly described as follows:
That approximately 4.94 acres, lying and being in Calhoun and Dougherty Counties, Georgia, and that portion only as shown on a drawing furnished by Diverse Power, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 16. That the above-described easement area shall be used solely for the purposes of constructing, installing, operating, and maintaining underground electrical transmission lines and associated equipment.

SECTION 17. That Diverse Power 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 transmission lines and associated equipment.

SECTION 18. That, after Diverse Power has put into use the underground electrical transmission lines and associated equipment 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, Diverse Power, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the underground

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electrical transmission lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 19. That no title shall be conveyed to Diverse Power and, except as herein specifically granted to Diverse Power, 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 Diverse Power.

SECTION 20. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Diverse Power 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 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 are for the sole benefit of the State of Georgia. Upon written request from Diverse Power or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 21. That the easement granted to Diverse Power shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests 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. Diverse Power shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the

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

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

SECTION 24. That this grant of easement shall be recorded by Diverse Power in the Superior Courts of Calhoun and Dougherty Counties and recorded copies shall be promptly forwarded to the State Properties Commission.

SECTION 25. That the authorization in this resolution to grant the above-described easement to Diverse Power 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.

ARTICLE III SECTION 27.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Chatham County, Georgia, and is commonly known as the Savannah River; and the property is in the custody of the Georgia Department of Natural Resources which, by official action dated January 8, 2020, does not object to the granting of an easement and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 28. That the State of Georgia, acting by and through its State Properties Commission, may grant to Atlanta Gas Light, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground natural gas lines and associated equipment to serve Hutchinson Island. Said easement area is located in Chatham County, and is more particularly described as follows:
That approximately 1.128 acres, lying and being in Chatham County, Georgia, and that portion only as shown on a survey furnished by Atlanta Gas Light, and being on file in the offices of the State Properties Commission and may be more particularly described by a

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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 purposes of constructing, installing, operating, and maintaining underground natural gas lines and associated equipment.

SECTION 30. That Atlanta Gas Light 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 natural gas lines and associated equipment.

SECTION 31. That, after Atlanta Gas Light has put into use the underground natural gas lines and associated equipment 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, Atlanta Gas Light, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the underground natural gas lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 32. That no title shall be conveyed to Atlanta Gas Light and, except as herein specifically granted to Atlanta Gas Light, 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 Atlanta Gas Light.

SECTION 33. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Atlanta Gas Light 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 provides a written estimate for the cost

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of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation are for the sole benefit of the State of Georgia. Upon written request from Atlanta Gas Light or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 34. That the easement granted to Atlanta Gas Light shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests 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. Atlanta Gas Light shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 36. That the consideration for such easement shall be $66,400.00 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 37. That this grant of easement shall be recorded by Atlanta Gas Light in the Superior Court of Chatham County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 38. That the authorization in this resolution to grant the above-described easement to Atlanta Gas Light 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.

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ARTICLE IV SECTION 40.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Cherokee County, Georgia, and is commonly known as the Cherokee County Department of Family and Children Services and Division of Child Support Services Building (Building); and the property is in the custody of the Department of Human Services which, by official action dated November 13, 2019, does not object to the granting of an easement and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 41. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain overhead and underground electrical transmission lines and associated equipment to serve the Building. Said easement area is located in Cherokee County and is more particularly described as follows:
That approximately 0.21 of an acre, lying and being in Cherokee County, Georgia, and that portion only as shown on an engineering 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 42. That the above-described easement area shall be used solely for the purposes of constructing, installing, operating, and maintaining overhead and underground electrical transmission lines and associated equipment.

SECTION 43. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of overhead and underground electrical transmission lines and associated equipment.

SECTION 44. That, after Georgia Power Company has put into use the overhead and underground electrical transmission lines and associated equipment 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, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place,

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in which event the overhead or underground electrical transmission lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 45. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 46. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best 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 are 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 nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 47. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests 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. 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 49. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

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

SECTION 51. That the authorization in this resolution to grant the above-described easement to 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.

ARTICLE V SECTION 53.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 52 and 53, 13th District, Clayton County, Georgia, and is commonly known as the Atlanta State Farmers Market; and the property is in the custody of the Georgia Department of Agriculture which, by official action dated January 2, 2020, 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 54. That the State of Georgia, acting by and through its State Properties Commission, may grant to Clayton County, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain a waterline, sewer line, and water vaults (Utilities) to serve the Farmers Market. Said easement area is located in Clayton County and is more particularly described as follows:
That approximately 0.89 of an acre being a portion of that land lying and being in Land Lots 52 and 53, 13th District, Clayton County, Georgia, and that portion only as shown on a survey furnished by Clayton County, 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 55. That the above-described easement area shall be used solely for the purposes of constructing, installing, operating, and maintaining the Utilities.

SECTION 56. That Clayton County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of said Utilities.

SECTION 57. That, after Clayton County has put into use the Utilities 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, Clayton County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the Utilities shall become the property of the State of Georgia, or its successors and assigns.

SECTION 58. That no title shall be conveyed to Clayton County and, except as herein specifically granted to Clayton County, 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 Clayton County.

SECTION 59. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Clayton County shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Clayton County provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation are for the sole benefit of the State of Georgia. Upon written request from Clayton County or any third party, the State Properties

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Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 60. That the easement granted to Clayton County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests 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 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. Clayton County shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 62. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

SECTION 63. That this grant of easement shall be recorded by Clayton County in the Superior Court of Clayton County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 64. That the authorization in this resolution to grant the above-described easement to Clayton County 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.

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ARTICLE VI SECTION 66.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 211, 212, and 213, 17th District, Cobb County, Georgia, and is commonly known as Chattahoochee Technical College; and the property is in the custody of the Technical College System of Georgia which, by official action dated April 4, 2019, 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 67. That the State of Georgia, acting by and through its State Properties Commission, may grant to Atlanta Gas Light, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground gas distribution lines to serve the Marietta Campus of Chattahoochee Technical College, project TCSG-314. Said easement area is located in Cobb County and is more particularly described as follows:
That approximately 0.02 of an acre, lying and being in Land Lots 211, 212, and 213, 17th District, Cobb County, Georgia, and that portion only as shown on an engineering drawing furnished by Atlanta Gas Light, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 68. That the above-described easement area shall be used solely for the purposes of constructing, installing, operating, and maintaining the underground gas distribution lines.

SECTION 69. That Atlanta Gas Light shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of said underground gas distribution lines.

SECTION 70. That, after Atlanta Gas Light has put into use the underground gas distribution lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Atlanta Gas Light, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the underground gas distribution lines shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 71. That no title shall be conveyed to Atlanta Gas Light and, except as herein specifically granted to Atlanta Gas Light, 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 Atlanta Gas Light.

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 Atlanta Gas Light 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 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 are for the sole benefit of the State of Georgia. Upon written request from Atlanta Gas Light 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 Atlanta Gas Light shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests 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. Atlanta Gas Light 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 75. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

SECTION 76. That this grant of easement shall be recorded by Atlanta Gas Light in the Superior Court of Cobb County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 77. That the authorization in this resolution to grant the above-described easement to Atlanta Gas Light 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.

ARTICLE VII SECTION 79.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 213 of the 17th District, Cobb County, Georgia, and is commonly known as Chattahoochee Technical College; and the property is in the custody of the Technical College System of Georgia which, by official action dated October 3, 2019, 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 80. That the State of Georgia, acting by and through its State Properties Commission, may grant to Bridgeline Capital, LLC, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground sanitary sewer lines over the Marietta Campus of Chattahoochee Technical College to serve its new development. Said easement area is located in Cobb County and is more particularly described as follows:
That approximately 0.326 of an acre, lying and being in Land Lot 213 of the 17th District, Cobb County, Georgia, and that portion only as shown on an engineering drawing furnished by Bridgeline Capital, LLC, 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 81. That the above-described easement area shall be used solely for the purposes of constructing, installing, operating, and maintaining underground sanitary sewer lines.

SECTION 82. That Bridgeline Capital, 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 said underground sanitary sewer lines.

SECTION 83. That, after Bridgeline Capital, LLC, has put into use the underground sanitary sewer lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Bridgeline Capital, LLC, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the underground sanitary sewer lines shall become the property of the State of Georgia, or its successors and assigns.

SECTION 84. That no title shall be conveyed to Bridgeline Capital, LLC, and, except as herein specifically granted to Bridgeline Capital, LLC, 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 Bridgeline Capital, LLC.

SECTION 85. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Bridgeline Capital, 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, Bridgeline Capital, 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 are for the sole benefit of the State of Georgia. Upon written request from Bridgeline Capital, LLC, or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent

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nonexclusive easement within the property for the relocation of the underground sanitary sewer line without cost, expense, or reimbursement from the State of Georgia.

SECTION 86. That the easement granted to Bridgeline Capital, LLC, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests 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. Bridgeline Capital, 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 88. That the consideration for such easement shall be $8,900 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

SECTION 89. That this grant of easement shall be recorded by Bridgeline Capital, LLC, in the Superior Court of Cobb 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 Bridgeline Capital, LLC, 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.

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ARTICLE VIII SECTION 92.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 7 and 26, 10th Land District, Crisp County, Georgia, and is commonly known as Georgia Veterans State Park; and the property is in the custody of the Georgia Department of Natural Resources which, by official action dated August 27, 2019, 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 93. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Crisp County Power Commission, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground fiber optic lines to serve a new telecommunication tower at the park. Said easement area is located in Crisp County and is more particularly described as follows:
That approximately 0.75 of an acre being a portion of that property lying and being in Land Lots 7 and 26, 10th Land District, Crisp County, Georgia, and that portion only as shown on a drawing furnished by the Crisp County Power Commission and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 94. That the above-described easement area shall be used solely for the purposes of constructing, installing, operating, and maintaining underground fiber optic lines.

SECTION 95. That the Crisp County Power Commission shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction, installation, operation, and maintenance of the underground fiber optic lines.

SECTION 96. That, after the Crisp County Power Commission has put into use the underground fiber optic lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Crisp County Power Commission, 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

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underground fiber optic lines shall become the property of the State of Georgia, or its successors and assigns.

SECTION 97. That no title shall be conveyed to the Crisp County Power Commission and, except as herein specifically granted to the Crisp County Power Commission, 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 Crisp County Power Commission.

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 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 the Crisp County Power Commission 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 Crisp County Power Commission 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 are for the sole benefit of the State of Georgia. Upon written request from the Crisp County Power Commission or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia.

SECTION 99. That the easement granted to the Crisp County Power Commission shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 100. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system, or of a municipality with respect to the city street system. The Crisp County Power Commission shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for

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

SECTION 101. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

SECTION 102. That this grant of easement shall be recorded by the Crisp County Power Commission in the Superior Court of Crisp 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 the Crisp County Power Commission 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.

ARTICLE IX SECTION 105.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 7 and 26, 10th Land District, Crisp County, Georgia, and is commonly known as Georgia Veterans State Park; and the property is in the custody of the Georgia Department of Natural Resources which, by official action dated December 4, 2019, 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 Southern Fiberworks, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground fiber optic cables to serve park facilities. Said easement area is located in Crisp County, and is more particularly described as follows:
That approximately 9.11 acres being a portion of that property lying and being in Land Lots 7 and 26, 10th Land District, Crisp County, Georgia, and that portion shown on a drawing furnished by Southern Fiberworks and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared

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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 purposes of constructing, installing, operating, and maintaining underground fiber optic cables.

SECTION 108. That Southern Fiberworks shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction, installation, operation, and maintenance of the underground fiber optic cables.

SECTION 109. That, after Southern Fiberworks has put into use the underground fiber optic cables 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, Southern Fiberworks, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the underground fiber optic cables shall become the property of the State of Georgia, or its successors and assigns.

SECTION 110. That no title shall be conveyed to Southern Fiberworks and, except as herein specifically granted to Southern Fiberworks, 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 Southern Fiberworks.

SECTION 111. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Southern Fiberworks 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, Southern Fiberworks 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 are for the sole benefit of the State of Georgia.

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Upon written request from Southern Fiberworks or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 112. That the easement granted to Southern Fiberworks shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests 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. Southern Fiberworks shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 114. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

SECTION 115. That this grant of easement shall be recorded by Southern Fiberworks in the Superior Court of Crisp 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 Southern Fiberworks 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.

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ARTICLE X SECTION 118.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Douglas County, Georgia, and is commonly known as Sweetwater Creek State Park; and the property is in the custody of the Georgia Department of Natural Resources which, by official action dated March 26, 2019, 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 119. That the State of Georgia, acting by and through its State Properties Commission, may grant to Greystone Power Corporation, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground electrical transmission lines and associated equipment to serve a new restroom building. Said easement area is located in Douglas County and is more particularly described as follows:
That approximately 0.16 of an acre, lying and being in Douglas County, Georgia, and that portion only as shown on an engineering drawing furnished by Greystone Power Corporation, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 120. That the above-described easement area shall be used solely for the purposes of constructing, installing, operating, and maintaining underground electrical transmission lines and associated equipment.

SECTION 121. That Greystone 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 underground electrical transmission lines and associated equipment.

SECTION 122. That, after Greystone Power Company has put into use the underground electrical transmission lines and associated equipment 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, Greystone Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place,

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in which event the underground electrical transmission lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 123. That no title shall be conveyed to Greystone Power Company and, except as herein specifically granted to Greystone Power Company, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Greystone Power Company.

SECTION 124. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive 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 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, Greystone 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 are for the sole benefit of the State of Georgia. Upon written request from Greystone Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 125. That the easement granted to Greystone Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 126. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system, or of a municipality with respect to the city street system. Greystone 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 127. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

SECTION 128. That this grant of easement shall be recorded by Greystone Power Company in the Superior Court of Douglas County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 129. That the authorization in this resolution to grant the above-described easement to Greystone Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 130. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XI SECTION 131.

That the State of Georgia is the owner of the hereinafter described real property lying and being in McIntosh County, Georgia, and is commonly known as Fort King George State Park; and the property is in the custody of the Georgia Department of Natural Resources which, by official action dated December 4, 2019, does not object to the granting of a nonexclusive easement and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 132. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground electrical transmission lines and associated equipment to provide power to a new host site. Said easement area is located in McIntosh County, and is more particularly described as follows:
That approximately 0.009 of an acre, lying and being in McIntosh 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

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described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 133. That the above-described easement area shall be used solely for the purposes of constructing, installing, operating, and maintaining underground electrical transmission lines and associated equipment.

SECTION 134. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of underground electrical transmission lines and associated equipment.

SECTION 135. That, after Georgia Power Company has put into use the underground electrical transmission lines and associated equipment 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, Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the underground electrical distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 136. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 137. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best 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

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installation 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 are 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 nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 138. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 139. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system, or of a municipality with respect to the city street system. Georgia Power Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 140. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

SECTION 141. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of McIntosh County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 142. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 143. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

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ARTICLE XII SECTION 144.

That the State of Georgia is the owner of the hereinafter described real property lying and being in McIntosh County, Georgia, and is commonly known as Fort King George State Park; and the property is in the custody of the Georgia Department of Natural Resources which, by official action dated December 4, 2019, does not object to the granting of a nonexclusive easement and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 145. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Darien, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain an underground sanitation line and associated equipment to provide service to a new host site. Said easement area is located in McIntosh County and is more particularly described as follows:
That approximately 0.009 of an acre, lying and being in McIntosh County, Georgia, and that portion only as shown on a drawing furnished by the City of Darien, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 146. That the above-described easement area shall be used solely for the purposes of constructing, installing, operating, and maintaining an underground sanitation line and associated equipment.
SECTION 147. That the City of Darien 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 sanitation line and associated equipment.

SECTION 148. That, after the City of Darien has put into use the sanitation line and associated equipment 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 City of Darien, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the underground sanitation line and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 149. That no title shall be conveyed to the City of Darien and, except as herein specifically granted to the City of Darien, 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 City of Darien.

SECTION 150. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Darien 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 installation being commenced, the City of Darien 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 are for the sole benefit of the State of Georgia. Upon written request from the City of Darien or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 151. That the easement granted to the City of Darien shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 152. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system, or of a municipality with respect to the city street system. The City of Darien 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 153. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

SECTION 154. That this grant of easement shall be recorded by the City of Darien in the Superior Court of McIntosh County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 155. That the authorization in this resolution to grant the above-described easement to the City of Darien shall expire three years after the date that this resolution becomes effective.

SECTION 156. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XIII SECTION 157.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 99 and 100, 9th District, Muscogee County, Georgia, commonly known as the Columbus Crime Laboratory Campus; and the property is in the custody of the Georgia Bureau of Investigation which, by official action dated October 10, 2019, 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 158. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Columbus Consolidated Government, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain a sanitary sewer line to serve both the North Columbus Police and the Georgia Bureau of Investigation Office. Said easement area is located in Muscogee County and is more particularly described as follows:
That approximately 0.12 of an acre, lying and being in Land Lots 99 and 100, 9th District, Muscogee County, Georgia, and that portion only as shown on a survey furnished by the Columbus Consolidated Government, 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 159. That the above-described easement area shall be used solely for the purposes of constructing, installing, operating, and maintaining a sanitary sewer line.

SECTION 160. That the Columbus Consolidated Government shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction, installation, operation, and maintenance of the sanitary sewer line.

SECTION 161. That, the after Columbus Consolidated Government has put into use the sanitary sewer line 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 Columbus Consolidated Government, 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 sanitary sewer line shall become the property of the State of Georgia, or its successors and assigns.

SECTION 162. That no title shall be conveyed to the Columbus Consolidated Government and, except as herein specifically granted to the Columbus Consolidated Government, 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 Columbus Consolidated Government.

SECTION 163. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the Columbus Consolidated Government 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 Columbus Consolidated Government 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 are for the sole benefit of the State of Georgia. Upon written request from the Columbus Consolidated Government or any third party, the State Properties Commission, in its sole discretion, may

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grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 164. That the easement granted to the Columbus Consolidated Government shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 165. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system, or of a municipality with respect to the city street system. The Columbus Consolidated Government 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 166. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

SECTION 167. That this grant of easement shall be recorded by the Columbus Consolidated Government in the Superior Court of Muscogee County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 168. That the authorization in this resolution to grant the above-described easement to the Columbus Consolidated Government shall expire three years after the date that this resolution becomes effective.

SECTION 169. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

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ARTICLE XIV SECTION 170.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 260, 18th District, 3rd Section, Paulding County, and Land Lots 243, 262, 313, 315, and 316, 18th District, 3rd Section, Polk County, Georgia, and is commonly known as Paulding Forest Wildlife Management Area; and the property is in the custody of the Georgia Department of Natural Resources which, by official action dated January 13, 2020, does not object to the exchange of easements and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 171. That the State of Georgia, acting by and through its State Properties Commission, may grant to Ronald Collum or his successors and assigns, a nonexclusive access easement for ingress and egress over Paulding Forest Wildlife Management Area; in exchange, Ronald Collum will convey to the state an old access easement and grant three additional access easements, totaling approximately 2.51 acres. Said easement area is located in Paulding and Polk Counties and is more particularly described as follows:
That approximately 1.19 acres, lying and being in Land Lot 260, 18th District, 3rd Section, Paulding County, Georgia, and Land Lots 243, 262, 313, 315, and 316, 18th District, 3rd Section, Polk County, Georgia, and that portion only as shown on a drawing furnished by Ronald Collum, 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 172. That the above-described easement area shall be used solely for the purposes of ingress and egress.

SECTION 173. That Ronald Collum 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 ingress and egress.

SECTION 174. That, after Ronald Collum has put into use the ingress and egress 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, Ronald Collum, or his successors and assigns, shall have the option of removing his facilities from the easement area or leaving the same in place, in

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which event the ingress and egress shall become the property of the State of Georgia, or its successors and assigns.

SECTION 175. That no title shall be conveyed to Ronald Collum and, except as herein specifically granted to Ronald Collum, 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 Ronald Collum.

SECTION 176. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Ronald Collum shall remove or relocate his facilities to the alternate easement area at his sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Ronald Collum 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 are for the sole benefit of the State of Georgia. Upon written request from Ronald Collum 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 ingress and egress access easement without cost, expense, or reimbursement from the State of Georgia.

SECTION 178. That the easement granted to Ronald Collum shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 179. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the 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. Ronald Collum shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for his lawful use of

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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 180. That the consideration for such easement shall be for the conveyance of an old access easement to the state, along with three additional access easements, totaling approximately 2.51 acres 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 181. That this grant of easement shall be recorded by Ronald Collum in the Superior Courts of Paulding and Polk Counties and recorded copies shall be promptly forwarded to the State Properties Commission.

SECTION 182. That the authorization in this resolution to grant the above-described easement to Ronald Collum shall expire three years after the date that this resolution becomes effective.

SECTION 183. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XV SECTION 184.

That the State of Georgia is the owner of the hereinafter described real property lying and being in the 123rd G.M.D., Richmond County, Georgia, and is commonly known as Augusta Technical College; and the property is in the custody of the Technical College System of Georgia which, by official action dated December 9, 2019, 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 185. That the State of Georgia, acting by and through its State Properties Commission, may grant to The Hale Foundation, Inc., a nonexclusive access easement for ingress and egress over Augusta Technical College to serve its new development. Said easement area is located in Richmond County and is more particularly described as follows:
That approximately 0.25 of an acre, lying and being in the 123rd G.M.D., Richmond County, Georgia, and that portion only as shown on a drawing furnished by The Hale Foundation, Inc., and being on file in the offices of the State Properties Commission and

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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 186. That the above-described easement area shall be used solely for the purposes of ingress and egress.

SECTION 187. That The Hale Foundation, Inc., shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for ingress and egress.

SECTION 188. That, after The Hale Foundation, Inc., has put into use the ingress and egress for which this easement is granted, a subsequent abandonment or cessation of the use thereof by the Hale Foundation, Inc., 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 Hale Foundation, Inc., shall have the option of removing its facilities from the easement area or leaving the same in place, in which event their facilities shall become the property of the State of Georgia, or its successors and assigns.

SECTION 189. That no title shall be conveyed to The Hale Foundation, Inc., and except as herein specifically granted to The Hale Foundation, Inc., 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 Hale Foundation, Inc.

SECTION 190. 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 The Hale Foundation, Inc., shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, The Hale Foundation, Inc., provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation are for the sole benefit of the State of

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Georgia. Upon written request from The Hale Foundation, Inc., 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 ingress and egress access easement without cost, expense, or reimbursement from the State of Georgia.

SECTION 191. That the easement granted to The Hale Foundation, Inc., shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interests 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 192. 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 Hale Foundation, Inc., shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 193. That the consideration for such easement shall be for fair market value not less than $650 and such further consideration and provisions as the State Properties Commission may determine to be in the best interests of the State of Georgia.

SECTION 194. That this grant of easement shall be recorded by The Hale Foundation, Inc., in the Superior Court of Richmond County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 195. That the authorization in this resolution to grant the above-described easement to The Hale Foundation, Inc., shall expire three years after the date that this resolution becomes effective.

SECTION 196. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

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ARTICLE XVI SECTION 197.

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

SECTION 198. That all laws and parts of laws in conflict with this resolution are repealed.

Approved August 3, 2020.

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STATE GOVERNMENT STATE TREASURER; INVESTMENTS IN MUTUAL FUNDS; LOANS FOR PROJECTS TO PROTECT LAND AND WATER.

No. 545 (House Bill No. 901).

AN ACT

To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to authorize the state treasurer to invest in mutual funds; to provide for the power to make loan commitments and loans to local governments and nongovernment entities for projects that permanently protect land and water; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-17-63, relating to deposit of demand funds, investment of funds, reports, remittance of interest earned, and motor fuel tax revenues, by revising subsection (b) as follows:
"(b) All departments, boards, bureaus, and other agencies of the state shall report to the board, on such forms and at such times as the board may prescribe, such information as the board may reasonably require concerning deposits and withdrawals pursuant to this Code section and shall enable the board to determine compliance with this Code section. Interest earned on state funds withdrawn from the state treasury on approved budgets shall be

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remitted to the Office of the State Treasurer by each department, board, bureau, or agency and placed in the general fund. The board may permit the state treasurer to invest in any one or more of the following: bankers' acceptances; commercial paper; bonds, bills, certificates of indebtedness, notes, or other obligations of the United States and its subsidiary corporations and instrumentalities or entities sanctioned or authorized by the United States government including, but not limited to, obligations or securities issued or guaranteed by Banks for Cooperatives regulated by the Farm Credit Administration, the Commodity Credit Corporation, Farm Credit Banks regulated by the Farm Credit Administration, Federal Assets Financing Trusts, the Federal Financing Bank, Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Financial Assistance Corporation chartered by the Farm Credit Administration, the Government National Mortgage Association, the Import-Export Bank, Production Credit Associations regulated by the Farm Credit Administration, the Resolution Trust Corporation, and the Tennessee Valley Authority; obligations of corporations organized under the laws of this state or any other state but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that such obligation shall be listed as investment grade by a nationally recognized rating agency; the shares of any mutual fund the investments of which are limited to securities of the type described in this subsection and distributions from which are treated for federal income tax purposes in the same manner as the interest on said obligations, provided that at the time of investment such obligations, or the obligations held by any such unit investment trust or the obligations held or to be acquired by any such mutual fund, are limited to obligations which are rated within one of the top two rating categories of any nationally recognized rating service or any rating service recognized by the commissioner of banking and finance, and no others, or to securities lending transactions involving securities of the type described in this subsection; bonds, notes, warrants, and other securities not in default which are the direct obligations of the government of any foreign country which the International Monetary Fund lists as an industrialized country and for which the full faith and credit of such government has been pledged for the payment of principal and interest, provided that such securities are listed as investment grade by a nationally recognized rating agency; or obligations issued, assumed, or guaranteed by the International Bank for Reconstruction and Development or the International Financial Corporation, provided that such securities are listed as investment grade by a nationally recognized rating agency; provided, however, that interest earned on the investment of motor fuel tax revenues shall be defined as motor fuel tax revenues and shall be appropriated in conformity with and pursuant to Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia. The board may also permit the state treasurer to lend any of the securities of the type identified in this subsection subject to the limitations of subsection (b) of Code Section 50-5A-7 and this chapter."

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SECTION 2. Said title is further amended in subsection (b) of Code Section 50-23-5, relating to purpose, powers, and duties, by deleting "and" at the end of paragraph (32), by replacing the period with "; and" at the end of paragraph (33), and by adding a new paragraph to read as follows:
"(34) To make loan commitments and loans to local governments and nongovernmental entities for projects that permanently protect land and water, or interests therein, that are in their undeveloped natural states or have been developed to be consistent with, or are restored to be consistent with, one or more of the following conservation purposes:
(A) Water quality protection for rivers, streams, and lakes; (B) Flood protection; (C) Wetlands protection; (D) Reduction of erosion through protection of steep slopes, areas with erodible soils, and stream banks; (E) Protection of riparian buffers and other areas that serve as natural habitats and corridors for native plant and animal species; (F) Protection of prime agricultural and forestry lands; (G) Protection of cultural sites, heritage corridors, and archeological and historic resources; (H) Scenic protection; (I) Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, or similar outdoor activities; and (J) Connection of existing or planned areas contributing to the goals set out in this paragraph."

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 August 3, 2020.

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EDUCATION APPEALS PROCESS FOR CERTAIN PERFORMANCE RATINGS FOR CERTAIN TEACHERS.

No. 546 (House Bill No. 86).

AN ACT

To amend Part 11 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to complaints policy for teachers and other school personnel, so as to provide a separate appeals process for certain performance ratings contained in personnel evaluations for teachers who accepted a school year contract for the fourth or subsequent consecutive school year; to provide for the establishment of appeals policies by local units of administration; to provide for appeals hearings to be conducted by independent third parties or system administrators; to require local units of administration to submit copies of their complaint policies to the Department of Education; 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. Part 11 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to complaints policy for teachers and other school personnel, is amended by revising Code Section 20-2-989.7, relating to matters not subject to complaint, as follows:
"20-2-989.7. (a)(1) Except as otherwise provided in paragraph (2) of this subsection, the performance ratings contained in personnel evaluations conducted pursuant to Code Section 20-2-210, professional development plans, and job performance shall not be subject to complaint under the provisions of this part; provided, however, that this shall not apply to procedural deficiencies on the part of the local school system or charter school in conducting an evaluation pursuant to Code Section 20-2-210. (2) For teachers who have accepted a school year contract for the fourth or subsequent consecutive school year, summative performance ratings of 'Unsatisfactory' or 'Ineffective' contained in personnel evaluations conducted pursuant to Code Section 20-2-210, procedural deficiencies on the part of the local school system or charter school in conducting an evaluation pursuant to Code Section 20-2-210, and job performance shall be subject to appeal pursuant to this paragraph. Local units of administration shall establish an appeals policy that shall allow a teacher to appeal a summative performance rating of 'Unsatisfactory' or 'Ineffective.' Such appeals policy shall include a method and reasonable timelines for filing an appeal that minimize the burden on both parties, a statement that a teacher shall not be the subject of any reprisal

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as a result of filing an appeal pursuant to this paragraph, a provision that an appeal hearing may be conducted by an independent third party or by an administrator in the system office on behalf of the school official or local unit of administration, and a method to receive the decision of the independent third party or system administrator. Should any reprisal occur, the teacher may refer the matter to the Professional Standards Commission. Each local unit of administration shall submit a copy of its appeals policy established pursuant to this paragraph to the Department of Education no later than July 1, 2021, and any time thereafter if material changes are made to such policy. (3) The termination, nonrenewal, demotion, suspension, or reprimand of any employee, as set forth in Code Section 20-2-940, and the revocation, suspension, or denial of certificates of any employee, as set forth in Code Section 20-2-984.5, shall not be subject to complaint under the provisions of this part. (b) A certified employee who chooses to appeal under Code Section 20-2-1160 shall be barred from pursuing the same complaint under this part."

SECTION 2. This Act shall become effective on July 1, 2021.

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

Approved August 3, 2020.

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COURTS CRIMES AND OFFENSES CRIMINAL PROCEDURE PENAL INSTITUTIONS WATERS OF THE STATE, PORTS, AND WATERCRAFT CONDITIONS FOR UNSECURED JUDICIAL RELEASE ON OWN RECOGNIZANCE.

No. 547 (Senate Bill No. 402).

AN ACT

To amend Article 1 of Chapter 6 of Title 17, Part 3 of Article 6 of Chapter 11 of Title 15, Chapter 10 of Title 16, Article 4 of Chapter 3 of Title 42, and Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds and recognizances, custody and release of child, offenses against public administration, pretrial release and diversion programs, and general provisions regarding registration, operation, and sale of watercraft, respectively, so as to provide for conditions

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for unsecured judicial release on a person's own recognizance; to revise and provide for definitions; to provide for full-face bond requirements; to revise 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.

Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds and recognizances, is amended by revising Code Section 17-6-12, relating to discretion of court to release person charged with crime on person's own recognizance only, as follows:
"17-6-12. (a) As used in this Code section, the term:
(1) 'Bail restricted offense' means the person is charged with: (A) An offense of: (i) Murder or felony murder, as defined in Code Section 16-5-1; (ii) Armed robbery, as defined in Code Section 16-8-41; (iii) Kidnapping, as defined in Code Section 16-5-40; (iv) Rape, as defined in Code Section 16-6-1; (v) Aggravated child molestation, as defined in subsection (c) of Code Section 16-6-4, unless subject to the provisions of paragraph (2) of subsection (d) of Code Section 16-6-4; (vi) Aggravated sodomy, as defined in Code Section 16-6-2; or (vii) Aggravated sexual battery, as defined in Code Section 16-6-22.2; or (B) A felony offense of: (i) Aggravated assault; (ii) Aggravated battery; (iii) Hijacking a motor vehicle in the first degree; (iv) Aggravated stalking; (v) Child molestation; (vi) Enticing a child for indecent purposes; (vii) Pimping; (viii) Robbery; (ix) Bail jumping; (x) Escape; (xi) Possession of a firearm or knife during the commission of or attempt to commit certain crimes; (xii) Possession of firearms by convicted felons and first offender probationers; (xiii) Trafficking in cocaine, illegal drugs, marijuana, or methamphetamine;

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(xiv) Participating in criminal street gang activity; (xv) Habitual violator; or (xvi) Driving under the influence of alcohol, drugs, or other intoxicating substances. (2) 'Unsecured judicial release' means any release on a person's own recognizance that does not purport a dollar amount through secured means as provided for in Code Section 17-6-4 or 17-6-50 or property as approved by the sheriff in the county where the offense was committed. (b) An elected judge or judge sitting by designation as provided for in subsection (c) or (d) of this Code section may issue an unsecured judicial release if: (1) Such unsecured judicial release is noted on the release order; and (2) Except as provided for in subsection (c) of this Code section, the person is not charged with a bail restricted offense. (c) A person charged with a bail restricted offense shall not be released on bail on an unsecured judicial release 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. (d) Except as provided in subsection (c) of this Code section and in addition to other laws regarding the release of an accused person, the judge of any court having jurisdiction over a person charged with committing an offense against the criminal laws of this state shall have authority, in his or her sound discretion and in appropriate cases, to authorize the release of the person on an unsecured judicial release only. (e) Upon the failure of a person released on an unsecured judicial release 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."

PART II SECTION 2-1.

Said article is further amended in Code Section 17-6-1, relating to where offenses bailable, procedure, schedule of bails, and appeal bonds, by adding new paragraphs to subsection (e) and by revising subsection (i) as follows:
"(4) Any bond issued by an elected judge or judge sitting by designation that purports a dollar amount shall be executed in the full-face amount of such bond through secured means as provided for in Code Section 17-6-4 or 17-6-50 or shall be executed by use of property as approved by the sheriff in the county where the offense was committed. (5) Notwithstanding any other provision of law, nothing in this Code section shall prohibit a duly sworn sheriff from releasing an inmate from custody in cases of medical emergency with the consent of the judge in the county in which he or she presides."

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"(i) As used in this Code section, the term 'bail' shall include the release of a person on an unsecured judicial release, except as limited by Code Section 17-6-12."

PART III SECTION 3-1.

Part 3 of Article 6 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to custody and release of child, is amended in Code Section 15-11-507, relating to bail, by revising subsection (f) as follows:
"(f) For the purposes of this Code section, the term 'bail' shall include the release of a child on an unsecured judicial release as provided for in Code Section 17-6-12."

SECTION 3-2. Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public administration, is amended in Code Section 16-10-51, relating to bail jumping, by revising subsections (a) and (b) and paragraph (1) of subsection (c) as follows:
"(a) Any person who has been charged with or convicted of the commission of a felony under the laws of this state and has been set at liberty on bail or on an unsecured judicial release as provided for in Code Section 17-6-12 upon the condition that he or she will subsequently appear at a specified time and place commits the offense of felony-bail jumping if, after actual notice to the defendant in open court or notice to the person by mailing to his or her last known address or otherwise being notified personally in writing by a court official or officer of the court, he or she fails without sufficient excuse to appear at that time and place. A person convicted of the offense of felony-bail jumping shall be punished by imprisonment for not less than one nor more than five years or by a fine of not more than $5,000.00, or both. (b) Any person who has been charged with or convicted of the commission of a misdemeanor and has been set at liberty on bail or on an unsecured judicial release as provided for in Code Section 17-6-12 upon the condition that he or she will subsequently appear at a specified time and place commits the offense of misdemeanor-bail jumping if, after actual notice to the defendant in open court or notice to the person by mailing to his or her last known address or otherwise being notified personally in writing by a court official or officer of the court, he or she fails without sufficient excuse to appear at that time and place. A person convicted of the offense of misdemeanor-bail jumping shall be guilty of a misdemeanor.
(c)(1) Any person who has been charged with or convicted of the commission of any of the misdemeanors listed in paragraph (2) of this subsection and has been set at liberty on bail or on an unsecured judicial release as provided for in Code Section 17-6-12 upon the condition that he or she will subsequently appear at a specified time and place and who, after actual notice to the defendant in open court or notice to the defendant by mailing to the defendant's last known address or otherwise being notified personally in writing by

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a court official or officer of the court, leaves the state to avoid appearing in court at such time commits the offense of out-of-state-bail jumping. A person convicted of the offense of out-of-state-bail jumping shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both."

SECTION 3-3. Article 4 of Chapter 3 of Title 42 of the Official Code of Georgia Annotated, relating to pretrial release and diversion programs, is amended by revising Code Section 42-3-74, relating to judicial approval for pretrial release and diversion program required, as follows:
"42-3-74. No person shall be released on an unsecured judicial release as provided for in Code Section 17-6-12 or approved for a pretrial release and diversion program without first having the approval in writing of the judge of the court having jurisdiction of the case."

SECTION 3-4. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions regarding registration, operation, and sale of watercraft, is amended by revising Code Section 52-7-26, relating to penalty, as follows:
"52-7-26. (a) Except as otherwise provided in this article, any person who violates this article or any rule or regulation promulgated hereunder shall be guilty of a misdemeanor. For purposes of establishing criminal violations of the rules and regulations promulgated by the board as provided in this article, the term 'rules and regulations' means those rules and regulations of the board in force and effect on January 1, 2014. (b) Notwithstanding subsection (c) of Code Section 17-6-12, the release of a person on an unsecured judicial release as provided for in Code Section 17-6-12 for violations under Code Sections 52-7-12, 52-7-12.2, 52-7-12.3, and 52-7-12.4 shall be prohibited."

PART IV SECTION 4-1.

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

Approved August 3, 2020.

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PROFESSIONS AND BUSINESSES PHYSICAL THERAPISTS, PHYSICAL THERAPIST ASSISTANTS, PSYCHOLOGISTS, AND OTHER HEALTH CARE PROFESSIONS; BACKGROUND CHECKS.

No. 548 (House Bill No. 752).

AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for national background checks by the submission of fingerprints to the Federal Bureau of Investigation through the Georgia Crime Information Center for licensing to practice as a physical therapist, physical therapist assistant, or psychologist; to revise provisions relating to criminal background checks for physicians and certain other health care professionals; 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 paragraph (13) of Code Section 43-33-10, relating to general powers and duties of board, as follows:
"(13) Conduct national background checks by the submission of fingerprints to the Federal Bureau of Investigation through the Georgia Crime Information Center; provided, however, that reports from such background checks shall not be shared with entities outside of this state."

SECTION 2. Said title is further amended by revising paragraph (4) of Code Section 43-33-12, relating to requirements for license to practice physical therapy, as follows:
"(4) Has satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for the issuance of a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. Such applicant shall be responsible for all fees associated with the performance of such background check."

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SECTION 3. Said title is further amended by revising Code Section 43-33-13, relating to requirements for license to practice as physical therapist assistant, as follows:
"43-33-13. A license to practice as a physical therapist assistant shall be issued to any person who:
(1) Is a graduate of an educational program that prepares physical therapist assistants and which is accredited by a recognized accrediting agency and approved by the board or, in the case of an applicant who has graduated from an educational program which prepares physical therapist assistants conducted in a foreign country, has submitted, in a manner prescribed by the board, credentials approved by the board and who has further demonstrated the ability to speak, write, and understand the English language and has satisfactorily completed a three-month board approved traineeship under the supervision of a physical therapist licensed under this article; (2) Has satisfactorily passed an examination prepared or approved by the board; (3) Is not disqualified to receive a license under the provisions of Code Section 43-33-18 or subsection (b) or (c) of Code Section 43-1-19; and (4) Has satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for the issuance of a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. Such applicant shall be responsible for all fees associated with the performance of such background check."

SECTION 4. Said title is further amended by revising Code Section 43-34-13, relating to fingerprinting and criminal background checks for health care professionals licensed by the Georgia Composite Medical Board, as follows:
"43-34-13. (a) As used in this Code section, the term:
(1) 'Expedited physician licensee' means an individual licensed by the board. (2) 'Health care professional' means any individual licensed, certified, or permitted by the board under this chapter. (b) Any applicant as a health care professional or as an expedited physician licensee shall have satisfactory results from a fingerprint records check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license, certificate, or permit under this chapter shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure,

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certification, or permit agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such criminal background check."

SECTION 5. Said title is further amended by revising Code Section 43-39-6, relating to authority of board to establish code of conduct and of ethics, administer oaths, summon witnesses, and take testimony, issuance of licenses, and enforcement of chapter, as follows:
"43-39-6. The board shall have authority to establish a code of conduct and of ethics, to administer oaths, to summon witnesses, and to take testimony in all matters relating to its duties. The board shall issue licenses to practice psychology to all persons who shall present satisfactory evidence of attainments and qualifications under this article and the rules and regulations of the board. Such licenses shall be attested by the division director under the board's adopted seal, and it shall give absolute authority to the person to whom it is issued to practice psychology in this state. It shall be the duty of the division director, under the direction of the board, to aid the prosecuting attorneys in the enforcement of this article and the prosecution of all persons charged with the violation of its provisions. The board shall have authority to administer and participate in the 'Psychology Interjurisdictional Compact (Psypact)' set out in Article 2 of this chapter and to recognize and permit the authority to practice interjurisdictional telepsychology and temporary practice in Georgia as established by such compact. The board shall have authority to conduct national background checks by the submission of fingerprints to the Federal Bureau of Investigation through the Georgia Crime Information Center; provided, however, that reports from such record background checks shall not be shared with entities outside of this state."

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

Approved August 3, 2020.

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LOCAL GOVERNMENT BANKING IMPROVEMENT ZONES; ESTABLISH.

No. 549 (Senate Bill No. 20).

AN ACT

To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to provisions applicable to counties and municipal corporations, so as to provide for the establishment of banking improvement zones to encourage opening of banks in areas underserved by banks; to provide for definitions; to provide for application and standards of approval for a banking improvement zone; to provide for the establishment of an agreement for the deposit of public funds in banks within a banking improvement 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 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to provisions applicable to counties and municipal corporations, is amended by adding a new Code section to read as follows:
"36-60-27. (a) As used in this Code section, the term:
(1) 'Bank' shall have the same meaning as provided in paragraph (7) of Code Section 7-1-4. (2) 'Department' means the Department of Community Affairs. (3) 'Local government' means any county or municipality of this state. (b) Upon submission of an application by a local government, the department may designate a banking improvement zone within the jurisdiction of such local government for the purpose of encouraging the establishment of branches or representative offices of a bank within an area which is underserved by banking services. Application to establish a banking improvement zone shall be made to the department in such form as shall be prescribed by the department. The department may exercise its discretion in its consideration to approve a local government as eligible for a banking improvement zone; provided, however, that prior to the designation of a banking improvement zone, the department shall make a determination whether any potential gains to a bank from a below rate interest agreement authorized pursuant to subsection (c) of this Code section is ample consideration for a substantial public benefit in compliance with Article III, Section VI, Paragraph VI(a) of the Georgia Constitution. Such decision shall also take into consideration:

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(1) The location, number, and proximity of sites where banking services are available in the proposed banking improvement zone; (2) Consumer needs for banking services in the proposed banking improvement zone; (3) The economic viability and local credit needs of the local government in the proposed banking improvement zone; (4) The existing commercial development in the proposed banking improvement zone; and (5) The impact additional banking services would have on potential economic development in the proposed banking improvement zone. (c) Upon approval of a banking improvement zone, the governing body of a local government may, through ordinance or resolution, designate a bank to be located within a banking improvement zone as the depository for local government funds, provided that applicable standards for deposits of public funds set forth in Chapter 8 of Title 45 have been satisfied. Subject to agreement between the governing body of a local government and a bank, such ordinance or resolution shall designate a fixed interest rate that is at or below the posted two-year certificate of deposit rate at the bank."

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

Approved August 3, 2020.

__________

CRIMES AND OFFENSES INVASION OF PRIVACY; INCLUDE CERTAIN FALSELY CREATED IMAGES AND VIDEOS.

No. 550 (Senate Bill No. 337).

AN ACT

To amend Part 3 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasion of privacy, so as to include falsely created videographic or still images of other persons within the prohibition against the transmission of photography or videos depicting nudity or sexually explicit conduct of another person under certain circumstances; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Part 3 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasion of privacy, is amended by revising subsection (b) of Code Section 16-11-90, relating to prohibition on nude or sexually explicit electronic transmissions, as follows:
"(b) A person violates this Code section if he or she, knowing the content of a transmission or post, knowingly and without the consent of the depicted person:
(1) Electronically transmits or posts, in one or more transmissions or posts, a photograph or video which depicts nudity or sexually explicit conduct of an adult, including a falsely created videographic or still image, when the transmission or post is harassment or causes financial loss to the depicted person and serves no legitimate purpose to the depicted person; or (2) Causes the electronic transmission or posting, in one or more transmissions or posts, of a photograph or video which depicts nudity or sexually explicit conduct of an adult, including a falsely created videographic or still image, when the transmission or post is harassment or causes financial loss to the depicted person and serves no legitimate purpose to the depicted person. Nothing in this Code section shall be construed to impose liability on an interactive computer service, as such term is defined in 47 U.S.C. 230(f)(2), or an information service or telecommunications service, as such terms are defined in 47 U.S.C. 153, for content provided by another person."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all conduct occurring on or after such date.

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

Approved August 3, 2020.

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RETIREMENT AND PENSIONS PEACE OFFICERS' ANNUITY AND BENEFIT FUND; MEMBERSHIP OF CERTAIN JAIL OFFICERS.

No. 551 (Senate Bill No. 249).

AN ACT

To amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to provide that certain certified jail officers shall be eligible for membership in such fund; to revise provisions authorizing the board to increase the monthly maximum benefit amount payable by the fund; to increase the amount of monthly dues paid by members of the fund and provide that the board may increase or decrease such amount under certain conditions; to revise provisions related to retiring prior to the full payment of dues owed; to revise provisions for the purchase of certain creditable service; to revise amounts collected from certain fines and forfeitures in criminal and quasi-criminal cases; to increase the monthly benefit allowed upon retirement; 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 in paragraph (5) of Code Section 47-17-1, relating to definitions, by striking "and" at the end of subparagraph (J), by replacing the period with "; and" at the end of subparagraph (K), and by adding the following:
"(L) Each jail officer, as such term is defined in the Code Section 35-8-2, who is certified by the Georgia Peace Officer Standards and Training Council and who maintains compliance with Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.'"

SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 47-17-44, relating to amount of dues, deadline and minimum period for payments, dues required for credit for service after March 1, 1951, and dues required for prior service credit, as follows:
"(a)(1) Beginning on July 1, 2020, and ending on June 30, 2021, each member shall pay monthly dues into the fund of $25.00.
(2)(A) On and after July 1, 2021, each member shall pay monthly dues into the fund in an amount to be determined annually by the board that shall be at least $25.00, but shall not exceed $50.00.

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(B) The base amount of monthly dues established pursuant to this paragraph shall apply uniformly to all members. (C) The board shall determine the monthly dues amount based on:
(i) The recommendation of the actuary of the board; (ii) The maintenance of the actuarial soundness of the fund in accordance with the minimum funding standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (iii) Such other factors as the board declares relevant. (3) Each month's dues shall be paid not later than the tenth day of that month. (4) Each member shall be required to pay such dues for a minimum period of ten years, or 15 years for individuals who became members on or after July 1, 2010, before being eligible to receive the retirement benefits under this chapter, provided that, if such member is eligible to retire under this chapter and so desires, such member may retire, and the board shall deduct such monthly amount from his or her retirement benefits until he or she has paid dues into the fund for a period of ten years or 15 years for individuals who became members on or after July 1, 2010."

SECTION 3. Said chapter is further amended by revising subsections (a) and (a.1) of 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:
"(a) The greater of $10.00 or 10 percent of 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. An amount equal to the greater of $10.00 or 10 percent of each fine imposed 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 added to the amount of the fine imposed and collected, and, once collected, shall be paid to the secretary-treasurer. 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.

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(a.1) The greater of 5 percent or $5.00 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 clerk of court as provided for in subsection (f) of Code 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."

SECTION 4. Said chapter is further amended by revising subsection (b) of Code Section 47-17-80, relating to retirement benefit options, payment to surviving spouse, requirements, effect of reemployment, effect of changes in retirement benefits, and payment on death of member, as follows:
"(b)(1) Option One shall consist of a single life annuity payable in monthly payments for the life of the member only. The monthly payment under this option shall be an amount equal to $25.15 per month for each full year of creditable service; provided, however, on July 1, 2021, such amount shall increase to $30.00 per month for each full year of creditable service and in the event the member shall have additional service credit not totaling a full year, the further sum of one-twelfth of the amount paid per month for each additional year of service credit shall be paid for each month of additional service credit, provided that the member either has at least ten years of membership service, or 15 years of membership service for individuals who became members on or after July 1, 2010, and is at least 55 years of age or has at least 30 years of creditable service, regardless of age. Such monthly benefit payment shall be paid on each full year and additional full months of creditable service up to a maximum of 30 years of total service. (2) No member shall be eligible for benefits under this option until the member's official duties as a peace officer have been terminated, except as otherwise provided in this chapter, and unless the member files an application for retirement benefits within 90 days from the date of the termination of the member's official duties as a peace officer, unless prevented therefrom for good cause. (3) If such member shall qualify for retirement benefits in every respect except for completion of payment of monthly dues for the periods of time for which the member has received service credit, dues shall be deducted from the member's monthly benefit check until such dues have been paid in full.

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(4) Any member who has at least ten years of membership service, or 15 years of membership service for individuals who became members on or after July 1, 2010, for which dues have been fully paid but who has not reached 55 years of age may cease paying monthly dues into the fund if the member's employment as a peace officer is terminated; and upon reaching 55 years of age, the member may be eligible to receive retirement benefits under this option."

SECTION 5. This Act shall become effective on July 1, 2020, 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, 2020, as required by subsection (a) of Code Section 47-20-50.

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

Approved August 3, 2020.

__________

EDUCATION CHARTER SCHOOLS; ALLOTMENTS.

No. 552 (House Bill No. 755).

AN ACT

To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education generally, so as to provide that each local board of education shall provide its local charter schools with preliminary allotment sheets for the upcoming fiscal year within 45 calendar days of receiving its preliminary allotment sheet from the Department of Education; to provide that each local board of education shall publish in a prominent location on its website the calculation of earnings to each local charter school; to provide that when a local board of education determines that an adjustment to the allocation for a local charter school is necessary, the local board of education shall provide the local charter school with 30 days' notice before the allocation is adjusted, provide an amended itemized allotment sheet to the local charter school, and publish the amended itemized allotment sheet in a prominent location on its website; to require local school systems to post required information regarding intradistrict transfers, including relevant dates

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and deadlines, in a prominent location on its website; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education generally, is amended in Code Section 20-2-2068.1, relating to charter school funding, by revising subsection (c.3) as follows:
"(c.3)(1) Each local board of education that has one or more local charter schools shall provide each local charter school with a preliminary annual allotment sheet itemizing the preliminary calculation of state, local, and federal allocations to be provided by the local school system to the local charter school for the upcoming fiscal year not later than 45 calendar days after the local school system receives its preliminary annual allotment sheet from the Department of Education. (2) The local board of education shall publish in a prominent location on its website the calculation of earnings to each local charter school made pursuant to subsections (a), (b), and (c) of this Code section, including federal funds received by each local charter school. Such calculations shall be published as soon as practicable prior to the distribution of funds to the local charter school by the local board, and no later than October 1 of each year, and shall be updated upon receipt of any additional federal funds received pursuant to state reallocation of federal funds and distributed to local charter schools. Such calculations may be published in conjunction with the financial and transparency information required to be published by local boards of education pursuant to Part 3B of Article 2 of Chapter 14 of Title 20. In the event that the Department of Education makes such calculations available on its website, a local board of education may post a link in a prominent location on its website to the Department of Education's web page which contains such calculations to comply with this subsection. (3) In the event that the local board of education determines that an adjustment to the allocation for a local charter school is necessary, the local board of education shall provide the local charter school with 30 days' notice before the allocation is adjusted, shall provide an amended itemized allotment sheet to the local charter school, and shall publish the amended itemized allotment sheet in a prominent location on its website."

SECTION 2. Said chapter is further amended in Code Section 20-2-2131, relating to enrollment of students in school to which not originally assigned, procedure, annual notification, and exception, by revising subsection (c) as follows:
"(c) Each local school system shall annually notify prior to each school year the parents of each student by letter, electronic means, or by such other reasonable means in a timely manner of the options available to parents under this article, including all relevant dates and

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deadlines. As a part of such annual notification process, each local school system shall post in a prominent location on its website the information required pursuant to this Code section."

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

Approved August 3, 2020.

__________

COURTS DISTRIBUTION PRIORITY FOR PARTIAL PAYMENTS OF FINES, BOND FORFEITURES, AND COSTS.

No. 553 (House Bill No. 576). AN ACT

To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the distribution priority of partial payments of fines, bond forfeitures, and costs; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-6-95, relating to priorities of distribution of fines, bond forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court, as follows:
"15-6-95. Notwithstanding any law to the contrary, a clerk of any superior court of this state who receives partial payments, as ordered by the court, of criminal fines, bond forfeitures, or costs shall distribute such sums in the order of priority set forth below:
(1) The amount provided for in Chapter 17 of Title 47 for the Peace Officers' Annuity and Benefit Fund; (2) The amount provided for in Chapter 14 of Title 47 for the Superior Court Clerks' Retirement Fund of Georgia; (3) The amount provided for in Chapter 16 of Title 47 for the Sheriffs' Retirement Fund of Georgia;

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(4) The amount provided for in cases of driving under the influence for purposes of the Brain and Spinal Injury Trust Fund under Code Section 15-21-149 and the amount provided for in cases of reckless driving for purposes of the Brain and Spinal Injury Trust Fund under Code Section 15-21-151; (5) The balance of the base fine owed to the county; (6) The amounts provided for in Code Section 15-21-93 for jail construction and staffing; (7) The amounts provided under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73; (8) The amounts provided for under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73; (9) The amount provided for in Code Section 15-21-131 for funding local victim assistance programs; (10) The amount provided for in Code Section 36-15-9 for county law libraries; (11) The amount provided for in cases of driving under the influence for purposes of the Georgia Crime Victims Emergency Fund under Code Section 15-21-112; (12) The amount provided for in Code Section 15-21-100 for the Drug Abuse Treatment and Education Fund; (13) The amount provided for in Code Section 15-21-208 for the Safe Harbor for Sexually Exploited Children Fund; (14) The amounts provided for in subsection (d) of Code Section 42-8-34; and (15) The application fee provided for in subsection (c) or (e) of Code Section 15-21A-6."

SECTION 2. Said title is further amended by adding a new subsection to Code Section 15-21A-7, relating to rules, regulations, reporting, and accounting, to read as follows:
"(d) In promulgating rules and regulations regarding the priority of distributions of partial payments of fines, bond forfeitures, and costs from courts other than the superior and state courts, the authority shall follow the priority provisions of Code Section 15-6-95 insofar as practicable."

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 August 3, 2020.

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PENAL INSTITUTIONS SEXUAL OFFENDERS; REGISTRATION.

No. 554 (House Bill No. 983).

AN ACT

To amend Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to Sexual Offender Registration Review Board, so as to revise the information required to be provided by sexual offenders when they register; to allow a sexual offender who is in a state or privately operated hospice facility, skilled nursing home, or residential health care facility, with the approval of the sheriff of the county where such sexual offender resides, to satisfy the annual registration requirements by registering at any time during the sexual offender's month of birth; to remove the requirement that a sexual offender who resides in a state or privately operated hospice facility, skilled nursing home, or residential health care facility, with the approval of the sheriff of the county where such sexual offender resides, be fingerprinted; to repeal the registration fee collection 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. Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to Sexual Offender Registration Review Board, is amended by revising Code Section 42-1-12, relating to State Sexual Offender Registry, as follows:
"42-1-12. (a) As used in this article, the term:
(1) 'Address' means the street or route address of the sexual offender's residence. For purposes of this Code section, the term shall not mean a post office box. (2) 'Appropriate official' means:
(A) With respect to a sexual offender who is sentenced to probation without any sentence of incarceration in the state prison system or who is sentenced pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, the Department of Community Supervision; (B) With respect to a sexual offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subsequently released from prison or placed on probation, the commissioner of corrections or his or her designee; (C) With respect to a sexual offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee; and (D) With respect to a sexual offender who is placed on probation through a private probation agency, the director of the private probation agency or his or her designee.

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(3) 'Area where minors congregate' shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, school bus stops, public libraries, and public and community swimming pools. (4) 'Assessment criteria' means the tests that the board members use to determine the likelihood that a sexual offender will commit another criminal offense against a victim who is a minor or commit a dangerous sexual offense. (5) 'Board' means the Sexual Offender Registration Review Board. (6) 'Child care facility' means all public and private pre-kindergarten facilities, child care learning centers, preschool facilities, and long-term care facilities for children. (6.1) 'Child care learning center' shall have the same meaning as set forth in paragraph (2) of Code Section 20-1A-2. (7) 'Church' means a place of public religious worship. (8) 'Conviction' includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime, a plea of guilty, or a plea of nolo contendere. A defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall be subject to the registration requirements of this Code section for the period of time prior to the defendant's discharge after completion of his or her sentence or upon the defendant being adjudicated guilty. Unless otherwise required by federal law, a defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall not be subject to the registration requirements of this Code section upon the defendant's discharge.
(9)(A) 'Criminal offense against a victim who is a minor' with respect to convictions occurring on or before June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of:
(i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; or (vii) Any conviction resulting from an underlying sexual offense against a victim who is a minor. (B) 'Criminal offense against a victim who is a minor' with respect to convictions occurring after June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of: (i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent;

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(iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; (vii) Use of a minor to engage in any sexually explicit conduct to produce any visual medium depicting such conduct; (viii) Creating, publishing, selling, distributing, or possessing any material depicting a minor or a portion of a minor's body engaged in sexually explicit conduct; (ix) Transmitting, making, selling, buying, or disseminating by means of a computer any descriptive or identifying information regarding a child for the purpose of offering or soliciting sexual conduct of or with a child or the visual depicting of such conduct; (x) Conspiracy to transport, ship, receive, or distribute visual depictions of minors engaged in sexually explicit conduct; or (xi) Any conduct which, by its nature, is a sexual offense against a victim who is a minor. (C) For purposes of this paragraph, a conviction for a misdemeanor shall not be considered a criminal offense against a victim who is a minor, and conduct which is adjudicated in juvenile court shall not be considered a criminal offense against a victim who is a minor. (10)(A) 'Dangerous sexual offense' with respect to convictions occurring on or before June 30, 2006, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses: (i) Aggravated assault with the intent to rape in violation of Code Section 16-5-21; (ii) Rape in violation of Code Section 16-6-1; (iii) Aggravated sodomy in violation of Code Section 16-6-2; (iv) Aggravated child molestation in violation of Code Section 16-6-4; or (v) Aggravated sexual battery in violation of Code Section 16-6-22.2. (B) 'Dangerous sexual offense' with respect to convictions occurring between July 1, 2006, and June 30, 2015, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this paragraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses: (i) Aggravated assault with the intent to rape in violation of Code Section 16-5-21; (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent; (iii) False imprisonment in violation of Code Section 16-5-41 which involves a victim who is less than 14 years of age, except by a parent; (iv) Rape in violation of Code Section 16-6-1;

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(v) Sodomy in violation of Code Section 16-6-2; (vi) Aggravated sodomy in violation of Code Section 16-6-2; (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older; (viii) Child molestation in violation of Code Section 16-6-4; (ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense; (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xi) Sexual assault against persons in custody in violation of Code Section 16-6-5.1; (xii) Incest in violation of Code Section 16-6-22; (xiii) A second conviction for sexual battery in violation of Code Section 16-6-22.1; (xiv) Aggravated sexual battery in violation of Code Section 16-6-22.2; (xv) Sexual exploitation of children in violation of Code Section 16-12-100; (xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1; (xvii) Computer pornography and child exploitation in violation of Code Section 16-12-100.2; (xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or (xix) Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor. (B.1) 'Dangerous sexual offense' with respect to convictions occurring between July 1, 2015, and June 30, 2017, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this subparagraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses: (i) Aggravated assault with the intent to rape in violation of Code Section 16-5-21; (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent; (iii) Trafficking a person for sexual servitude in violation of Code Section 16-5-46; (iv) Rape in violation of Code Section 16-6-1; (v) Sodomy in violation of Code Section 16-6-2; (vi) Aggravated sodomy in violation of Code Section 16-6-2; (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older; (viii) Child molestation in violation of Code Section 16-6-4; (ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense; (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xi) Sexual assault against persons in custody in violation of Code Section 16-6-5.1; (xii) Incest in violation of Code Section 16-6-22; (xiii) A second conviction for sexual battery in violation of Code Section 16-6-22.1;

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(xiv) Aggravated sexual battery in violation of Code Section 16-6-22.2; (xv) Sexual exploitation of children in violation of Code Section 16-12-100; (xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1; (xvii) Computer pornography and child exploitation in violation of Code Section 16-12-100.2; (xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or (xix) Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor. (B.2) 'Dangerous sexual offense' with respect to convictions occurring between July 1, 2017, and June 30, 2019, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this subparagraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses: (i) Aggravated assault with the intent to rape in violation of Code Section 16-5-21; (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent; (iii) Trafficking an individual for sexual servitude in violation of Code Section 16-5-46; (iv) Rape in violation of Code Section 16-6-1; (v) Sodomy in violation of Code Section 16-6-2; (vi) Aggravated sodomy in violation of Code Section 16-6-2; (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older; (viii) Child molestation in violation of Code Section 16-6-4; (ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense; (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xi) Sexual assault against persons in custody in violation of Code Section 16-6-5.1; (xii) Incest in violation of Code Section 16-6-22; (xiii) A second conviction for sexual battery in violation of Code Section 16-6-22.1; (xiv) Aggravated sexual battery in violation of Code Section 16-6-22.2; (xv) Sexual exploitation of children in violation of Code Section 16-12-100; (xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1; (xvii) Computer pornography and child exploitation in violation of Code Section 16-12-100.2; (xviii) Obscene telephone contact in violation of Code Section 16-12-100.3; or (xix) Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor.

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(B.3) 'Dangerous sexual offense' with respect to convictions occurring after June 30, 2019, means any criminal offense, or the attempt to commit any criminal offense, under Title 16 as specified in this subparagraph or any offense under federal law or the laws of another state or territory of the United States which consists of the same or similar elements of the following offenses:
(i) Aggravated assault with the intent to rape in violation of Code Section 16-5-21; (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who is less than 14 years of age, except by a parent; (iii) Trafficking an individual for sexual servitude in violation of Code Section 16-5-46; (iv) Rape in violation of Code Section 16-6-1; (v) Sodomy in violation of Code Section 16-6-2; (vi) Aggravated sodomy in violation of Code Section 16-6-2; (vii) Statutory rape in violation of Code Section 16-6-3, if the individual convicted of the offense is 21 years of age or older; (viii) Child molestation in violation of Code Section 16-6-4; (ix) Aggravated child molestation in violation of Code Section 16-6-4, unless the person was convicted of a misdemeanor offense; (x) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (xi) Improper sexual contact by employee or agent in the first or second degree in violation of Code Section 16-6-5.1, unless the punishment imposed was not subject to Code Section 17-10-6.2; (xii) Incest in violation of Code Section 16-6-22; (xiii) A second or subsequent conviction for sexual battery in violation of Code Section 16-6-22.1; (xiv) Aggravated sexual battery in violation of Code Section 16-6-22.2; (xv) Sexual exploitation of children in violation of Code Section 16-12-100; (xvi) Electronically furnishing obscene material to minors in violation of Code Section 16-12-100.1; (xvii) Computer pornography and child exploitation in violation of Code Section 16-12-100.2; (xviii) A second or subsequent conviction for obscene telephone contact in violation of Code Section 16-12-100.3; or (xix) Any conduct which, by its nature, is a sexual offense against a victim who is a minor or an attempt to commit a sexual offense against a victim who is a minor. (C) For purposes of this paragraph, a conviction for a misdemeanor shall not be considered a dangerous sexual offense, and conduct which is adjudicated in juvenile court shall not be considered a dangerous sexual offense. (11) 'Institution of higher education' means a private or public community college, state university, state college, or independent postsecondary institution.

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(12) 'Level I risk assessment classification' means the sexual offender is a low sex offense risk and low recidivism risk for future sexual offenses. (13) 'Level II risk assessment classification' means the sexual offender is an intermediate sex offense risk and intermediate recidivism risk for future sexual offenses and includes all sexual offenders who do not meet the criteria for classification either as a sexually dangerous predator or for Level I risk assessment. (14) 'Minor' means any individual under the age of 18 years and any individual that the sexual offender believed at the time of the offense was under the age of 18 years if such individual was the victim of an offense. (15) 'Public and community swimming pools' includes municipal, school, hotel, motel, or any pool to which access is granted in exchange for payment of a daily fee. The term includes apartment complex pools, country club pools, or subdivision pools which are open only to residents of the subdivision and their guests. This term does not include a private pool or hot tub serving a single-family dwelling and used only by the residents of the dwelling and their guests. (16) 'Required registration information' means:
(A) Name; social security number; age; race; sex; date of birth; height; weight; hair color; eye color; fingerprints; and photograph; (B) Address, within this state or out of state, and, if applicable in addition to the address, a rural route address and a post office box; (C) If the place of residence is a motor vehicle or trailer, the vehicle identification number, the license tag number, and a description, including color scheme, of the motor vehicle or trailer; (D) If the place of residence is a mobile home, the mobile home location permit number; the name and address of the owner of the home; a description, including the color scheme of the mobile home; and, if applicable, a description of where the mobile home is located on the property; (E) If the place of residence is a manufactured home, the name and address of the owner of the home; a description, including the color scheme of the manufactured home; and, if applicable, a description of where the manufactured home is located on the property; (F) If the place of residence is a vessel, live-aboard vessel, or houseboat, the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat; (F.1) If the place of residence is the status of homelessness, information as provided under paragraph (2.1) of subsection (f) of this Code section; (G) Date of employment, place of any employment, and address of employer; (H) Place of vocation and address of the place of vocation; (I) Vehicle make, model, color, and license tag number;

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(J) If enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the name, address, and county of each institution, including each campus attended, and enrollment or employment status; (K) The name of the crime or crimes for which the sexual offender is registering and the date released from prison or placed on probation, parole, or supervised release; and (L) The landline and mobile telephone numbers of the sexual offender. (17) 'Risk assessment classification' means the notification level into which a sexual offender is placed based on the board's assessment. (18) 'School' means all public and private kindergarten, elementary, and secondary schools. (19) 'School bus stop' means a school bus stop as designated by local school boards of education or by a private school. (20) 'Sexual offender' means any individual: (A) Who has been convicted of a criminal offense against a victim who is a minor or any dangerous sexual offense; (B) Who has been convicted under the laws of another state or territory, under the laws of the United States, under the Uniform Code of Military Justice, or in a tribal court of a criminal offense against a victim who is a minor or a dangerous sexual offense; or (C) Who is required to register pursuant to subsection (e) of this Code section. (21) 'Sexually dangerous predator' means a sexual offender: (A) Who was designated as a sexually violent predator between July 1, 1996, and June 30, 2006; or (B) Who is determined by the Sexual Offender Registration Review Board to be at risk of perpetrating any future dangerous sexual offense. (22) 'Vocation' means any full-time, part-time, or volunteer employment with or without compensation exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year. (b) Before a sexual offender who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate official shall: (1) Inform the sexual offender of the obligation to register, the amount of the registration fee, and how to maintain registration; (2) Obtain the information necessary for the required registration information; (3) Inform the sexual offender that, if the sexual offender changes any of the required registration information, other than residence address, the sexual offender shall give the new information to the sheriff of the county with whom the sexual offender is registered within 72 hours of the change of information; if the information is the sexual offender's new residence address, the sexual offender shall give the information to the sheriff of the county with whom the sexual offender last registered within 72 hours prior to moving and to the sheriff of the county to which the sexual offender is moving within 72 hours prior to moving;

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(4) Inform the sexual offender that he or she shall also register in any state where he or she is employed, carries on a vocation, or is a student; (5) Inform the sexual offender that, if he or she changes residence to another state, the sexual offender shall register the new address with the sheriff of the county with whom the sexual offender last registered and that the sexual offender shall also register with a designated law enforcement agency in the new state within 72 hours after establishing residence in the new state; (6) Obtain fingerprints and a current photograph of the sexual offender; (7) Require the sexual offender to read and sign a form stating that the obligations of the sexual offender have been explained; (8) Obtain and forward any information obtained from the clerk of court pursuant to Code Section 42-5-50 to the sheriff's office of the county in which the sexual offender will reside; and (9) If required by Code Section 42-1-14, place any required electronic monitoring system on the sexually dangerous predator and explain its operation and cost. (c) The Department of Corrections shall: (1) Forward to the Georgia Bureau of Investigation a copy of the form stating that the obligations of the sexual offender have been explained; (2) Forward any required registration information to the Georgia Bureau of Investigation; (3) Forward the sexual offender's fingerprints and photograph to the sheriff's office of the county where the sexual offender is going to reside; (4) Inform the board and the prosecuting attorney for the jurisdiction in which a sexual offender was convicted of the impending release of a sexual offender at least eight months prior to such release so as to facilitate compliance with Code Section 42-1-14; and (5) Keep all records of sexual offenders in a secure facility in accordance with Code Sections 15-1-10, 15-6-62, and 15-6-62.1 until official proof of death of a registered sexual offender; thereafter, the records shall be destroyed. (c.1) The Department of Community Supervision shall keep all records of sexual offenders in a secure facility in accordance with Code Sections 15-1-10, 15-6-62, and 15-6-62.1 until official proof of death of a registered sexual offender; thereafter, the records shall be destroyed. (d) No sexual offender shall be released from prison or placed on parole, supervised release, or probation until: (1) The appropriate official has provided the Georgia Bureau of Investigation and the sheriff's office in the county where the sexual offender will be residing with the sexual offender's required registration information and risk assessment classification level; and (2) The sexual offender's name has been added to the list of sexual offenders maintained by the Georgia Bureau of Investigation and the sheriff's office as required by this Code section. (e) Registration pursuant to this Code section shall be required by any individual who:

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(1) Is convicted on or after July 1, 1996, of a criminal offense against a victim who is a minor; (2) Is convicted on or after July 1, 1996, of a dangerous sexual offense; (3) Has previously been convicted of a criminal offense against a victim who is a minor and may be released from prison or placed on parole, supervised release, or probation on or after July 1, 1996; (4) Has previously been convicted of a sexually violent offense or dangerous sexual offense and may be released from prison or placed on parole, supervised release, or probation on or after July 1, 1996; (5) Is a resident of Georgia who intends to reside in this state and who is convicted under the laws of another state or the United States, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense, a criminal offense against a victim who is a minor on or after July 1, 1999, or a dangerous sexual offense on or after July 1, 1996; (6) Is a nonresident who changes residence from another state or territory of the United States or any other place to Georgia who is required to register as a sexual offender under federal law, military law, tribal law, or the laws of another state or territory or who has been convicted in this state of a criminal offense against a victim who is a minor or any dangerous sexual offense; (7) Is a nonresident sexual offender who enters this state for the purpose of employment or any other reason for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory; or (8) Is a nonresident sexual offender who enters this state for the purpose of attending school as a full-time or part-time student regardless of whether such sexual offender is required to register under federal law, military law, tribal law, or the laws of another state or territory. (f) Any sexual offender required to register under this Code section shall: (1) Provide the required registration information to the appropriate official before being released from prison or placed on parole, supervised release, or probation; (2) Register in person with the sheriff of the county in which the sexual offender resides within 72 hours after the sexual offender's release from prison or placement on parole, supervised release, probation, or entry into this state; (2.1) In the case of a sexual offender whose place of residence is the status of homelessness, in lieu of the requirements of paragraph (2) of this subsection, register in person with the sheriff of the county in which the sexual offender sleeps within 72 hours after the sexual offender's release from prison or placement on parole, supervised release, probation, or entry into this state and provide the location where he or she sleeps; (3) Maintain the required registration information with the sheriff of each county in which the sexual offender resides or sleeps;

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(4) Renew the required registration information with the sheriff of the county in which the sexual offender resides or sleeps by reporting in person to the sheriff within 72 hours prior to such offender's birthday each year to be photographed and fingerprinted; (4.1) In the case of a sexual offender who resides in a state or privately operated hospice facility, skilled nursing home, or residential health care facility, with the approval of the sheriff of the county where such sexual offender resides, the sexual offender may satisfy the annual registration requirements of paragraph (4) of this subsection by registering at any time during the sexual offender's month of birth. Additionally, in the case of a sexual offender who resides in a state or privately operated hospice facility, skilled nursing home, or residential health care facility, with the approval of the sheriff of the county where such sexual offender resides, such sexual offender shall not be required to be fingerprinted pursuant to paragraph (4) of this subsection but the sheriff shall be authorized to photograph the offender. (5) Update the required registration information with the sheriff of the county in which the sexual offender resides within 72 hours of any change to the required registration information, other than where he or she resides or sleeps if such person is homeless. If the information is the sexual offender's new address, the sexual offender shall give the information regarding the sexual offender's new address to the sheriff of the county in which the sexual offender last registered within 72 hours prior to any change of address and to the sheriff of the county to which the sexual offender is moving within 72 hours prior to establishing such new address. If the sexual offender is homeless and the information is the sexual offender's new sleeping location, within 72 hours of changing sleeping locations, the sexual offender shall give the information regarding the sexual offender's new sleeping location to the sheriff of the county in which the sexual offender last registered, and if the county has changed, to the sheriff of the county to which the sexual offender has moved; and (6) Continue to comply with the registration requirements of this Code section for the entire life of the sexual offender, excluding ensuing periods of incarceration. (g) A sexual offender required to register under this Code section may petition to be released from the registration requirements and from the residency or employment restrictions of this Code section in accordance with the provisions of Code Section 42-1-19. (h)(1) The appropriate official or sheriff shall, within 72 hours after receipt of the required registration information, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the Criminal Justice Information System by the appropriate official or sheriff, the Georgia Crime Information Center shall notify the sheriff of the sexual offender's county of residence, either permanent or temporary, the sheriff of the county of employment, and the sheriff of the county where the sexual offender attends an institution of higher education within 24 hours of entering the data or any change to the data. (2) The Georgia Bureau of Investigation shall:

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(A) Transmit all information, including the conviction data and fingerprints, to the Federal Bureau of Investigation within 24 hours of entering the data; (B) Establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation; and (C) Perform mail out and verification duties as follows:
(i) Send each month Criminal Justice Information System network messages to sheriffs listing sexual offenders due for verification; (ii) Create a photo image file from original entries and provide such entries to sheriffs to assist in sexual offender identification and verification; (iii) Mail a nonforwardable verification form to the last reported address of the sexual offender within ten days prior to the sexual offender's birthday; (iv) If the sexual offender changes residence to another state, notify the law enforcement agency with which the sexual offender shall register in the new state; and (v) Maintain records required under this Code section. (i) The sheriff's office in each county shall: (1) Prepare and maintain a list of all sexual offenders and sexually dangerous predators residing in each county. Such list shall include the sexual offender's name; age; physical description; address; crime of conviction, including conviction date and the jurisdiction of the conviction; photograph; and the risk assessment classification level provided by the board, and an explanation of how the board classifies sexual offenders and sexually dangerous predators; (2) Electronically submit and update all information provided by the sexual offender within two business days to the Georgia Bureau of Investigation in a manner prescribed by the Georgia Bureau of Investigation; (3) Maintain and provide a list, manually or electronically, of every sexual offender residing in each county so that it may be available for inspection: (A) In the sheriff's office; (B) In any county administrative building; (C) In the main administrative building for any municipal corporation; (D) In the office of the clerk of the superior court so that such list is available to the public; and (E) On a website maintained by the sheriff of the county for the posting of general information; (4) Update the public notices required by paragraph (3) of this subsection within two business days of the receipt of such information; (5) Inform the public of the presence of sexual offenders in each community; (6) Update the list of sexual offenders residing in the county upon receipt of new information affecting the residence address of a sexual offender or upon the registration of a sexual offender moving into the county by virtue of release from prison, relocation from another county, conviction in another state, federal court, military tribunal, or tribal court. Such list, and any additions to such list, shall be delivered, within 72 hours of

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updating the list of sexual offenders residing in the county, to all schools or institutions of higher education located in the county; (7) Within 72 hours of the receipt of changed required registration information, notify the Georgia Bureau of Investigation through the Criminal Justice Information System of each change of information; (8) Retain the verification form stating that the sexual offender still resides at the address last reported; (9) Enforce the criminal provisions of this Code section. The sheriff may request the assistance of the Georgia Bureau of Investigation to enforce the provisions of this Code section; (10) Cooperate and communicate with other sheriffs' offices in this state and in the United States to maintain current data on the location of sexual offenders; (11) Determine the appropriate time of day for reporting by sexual offenders, which shall be consistent with the reporting requirements of this Code section; (12) If required by Code Section 42-1-14, place any electronic monitoring system on the sexually dangerous predator and explain its operation and cost; and (13) Provide current information on names and addresses of all registered sexual offenders to campus police with jurisdiction for the campus of an institution of higher education if the campus is within the sheriff's jurisdiction. (j)(1) The sheriff of the county where the sexual offender resides or last registered shall be the primary law enforcement official charged with communicating the whereabouts of the sexual offender and any changes in required registration information to the sheriff's office of the county or counties where the sexual offender is employed, volunteers, attends an institution of higher education, or moves. (2) The sheriff's office may post the list of sexual offenders in any public building in addition to those locations enumerated in subsection (h) of this Code section. (k) The Georgia Crime Information Center shall create the Criminal Justice Information System network transaction screens by which appropriate officials shall enter original data required by this Code section. Screens shall also be created for sheriffs' offices for the entry of record confirmation data; employment; changes of residence, institutions of higher education, or employment; or other pertinent data to assist in sexual offender identification. (l)(1) On at least an annual basis, the Department of Education shall obtain from the Georgia Bureau of Investigation a complete list of the names and addresses of all registered sexual offenders and shall provide access to such information, accompanied by a hold harmless provision, to each school in this state. In addition, the Department of Education shall provide information to each school in this state on accessing and retrieving from the Georgia Bureau of Investigation's website a list of the names and addresses of all registered sexual offenders. (2) On at least an annual basis, the Department of Early Care and Learning shall provide current information to all child care programs regulated pursuant to Code Section 20-1A-10 and to all child care learning centers, day-care, group day-care, and

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family day-care programs regulated pursuant to Code Section 49-5-12 on accessing and retrieving from the Georgia Bureau of Investigation's website a list of the names and addresses of all registered sexual offenders and shall include, on a continuing basis, such information with each application for licensure, commissioning, or registration for early care and education programs. (3) On at least an annual basis, the Department of Human Services shall provide current information to all long-term care facilities for children on accessing and retrieving from the Georgia Bureau of Investigation's website a list of the names and addresses of all registered sexual offenders. (m) Within ten days of the filing of a defendant's discharge and exoneration of guilt pursuant to Article 3 of Chapter 8 of this title, the clerk of court shall transmit the order of discharge and exoneration to the Georgia Bureau of Investigation and any sheriff maintaining records required under this Code section. (n) Any individual who: (1) Is required to register under this Code section and who fails to comply with the requirements of this Code section; (2) Provides false information; or (3) Fails to respond directly to the sheriff of the county where he or she resides or sleeps within 72 hours prior to such individual's birthday shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than 30 years; provided, however, that upon the conviction of the second offense under this subsection, the defendant shall be punished by imprisonment for not less than five nor more than 30 years. (o) The information collected pursuant to this Code section shall be treated as private data except that: (1) Such information may be disclosed to law enforcement agencies for law enforcement purposes; (2) Such information may be disclosed to government agencies conducting confidential background checks; and (3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall, in addition to the requirements of this Code section to inform the public of the presence of sexual offenders in each community, release such other relevant information collected under this Code section that is necessary to protect the public concerning sexual offenders required to register under this Code section, except that the identity of a victim of an offense that requires registration under this Code section shall not be released. (p) The Board of Public Safety is authorized to promulgate rules and regulations necessary for the Georgia Bureau of Investigation and the Georgia Crime Information Center to implement and carry out the provisions of this Code section. (q) Law enforcement agencies, employees of law enforcement agencies, and state officials shall be immune from liability for good faith conduct under this article.

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(r) Any violation of this Code section is declared to be a continuous offense, and venue for such offense shall be considered to have been committed in any county where:
(1) A sexual offender is required to register; (2) An accused fails to comply with the requirements of this Code section; or (3) An accused provides false information."

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

Approved August 3, 2020.

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BUILDINGS AND HOUSING DEFINITION OF RESIDENTIAL INDUSTRIAL BUILDING.

No. 555 (House Bill No. 1008).

AN ACT

To amend Code Section 8-2-111 of the Official Code of Georgia Annotated, relating to definitions relative to factory built buildings and dwelling units, so as to revise the definition of residential industrial building; 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 8-2-111 of the Official Code of Georgia Annotated, relating to definitions relative to factory built buildings and dwelling units, is amended by revising paragraph (6.1) as follows:
"(6.1) 'Residential industrialized building' means any dwelling unit designed and constructed in compliance with the Georgia State Minimum Standard One and Two Family Dwelling Code which is wholly or in substantial part made, fabricated, formed, or assembled in a manufacturing facility and cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Any such structure may or may not contain a permanent metal chassis but shall be affixed to a permanent load-bearing foundation. The term shall not include manufactured homes as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq."

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

Approved August 3, 2020.

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BUILDINGS AND HOUSING FAIR HOUSING PRACTICES WITH REGARD TO SELLING OR RENTING DWELLINGS.

No. 556 (House Bill No. 969).

AN ACT

To amend Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, so as to change certain provisions pertaining to unlawful practices in selling or renting dwellings and the procedures, remedies, and judicial review related thereto; to correct certain cross-references; to clarify that complaints of discriminatory housing practices may be filed with the federal government as well as the administrator of the Commission on Equal Opportunity; to specify how such dual complaints shall be handled; to provide for administrative proceedings to be conducted by administrative law judges; to change certain provisions relating to state actions; to change provisions relating to appeals, fines, damages, attorney's fees, and court costs; to provide for conforming amendments; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, is amended by revising subsection (b) of Code Section 8-3-202, relating to unlawful practices in selling or renting dwellings and exceptions, as follows:
"(b)(1) Nothing in this Code section, other than paragraph (3) of subsection (a) of this Code section, shall apply to:
(A) Any single-family dwelling sold or rented by an owner, if: (i) Such private individual owner does not own more than three such single-family dwellings at any one time; (ii) Such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his or her behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family dwellings at any one time;

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(iii) Such dwelling is sold or rented: (I) Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person; and (II) Without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of paragraph (3) of subsection (a) of this Code section; but nothing in this paragraph shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; or
(B) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence. (2) In the case of the sale of any such single-family dwelling by a private individual owner not residing in such dwelling at the time of such sale or who was not the most recent resident of such dwelling prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any 24 month period."

SECTION 2. Said article is further amended by revising paragraph (1) of subsection (b) of Code Section 8-3-205, relating to permissible limitations in sale, rental, or occupancy of dwellings by religious organizations or private clubs and housing for older persons, as follows:
"(b)(1) As used in this subsection, the term 'housing for older persons' means housing: (A) Provided under any state or federal program that the secretary of housing and urban development determines is specifically designed and operated to assist elderly persons as defined in the state or federal program; (B) Intended for, and solely occupied by, persons 62 years of age or older; or (C) Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the administrator shall develop regulations which require at least the following factors: (i) The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or, if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; (ii) That at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and (iii) The publication of and adherence to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older."

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SECTION 3. Said article is further amended by revising subsection (e) of Code Section 8-3-206, relating to powers and duties of administrator and housing and urban development programs of other agencies, as follows:
"(e) To avoid any duplicate investigation, civil action, or administrative enforcement by the administrator, in any case where the United States Department of Housing and Urban Development has initiated an investigation or any action or proceedings against any person relative to any acts or omissions by such person which may be in violation of this article, the administrator shall have no authority to initiate or pursue against such person any investigation, civil action, or administrative enforcement covered by the provisions of this article with regard to the same acts or omissions or facts or circumstances to which the federal investigation or proceedings are applicable. Nothing in this subsection is intended to prevent the dual filing of complaints of discriminatory housing practices with the United States Department of Housing and Urban Development and the administrator."

SECTION 4. Said article is further amended by revising Code Section 8-3-213, relating to state action for enforcement, fines, damages, civil action by local agency, and administrative proceeding, as follows:
"8-3-213. (a)(1) When a charge is issued to initiate an administrative complaint under Code Section 8-3-211, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that charge decided in a civil action brought by the Attorney General on behalf of the aggrieved person as provided under paragraph (2) of this subsection in lieu of a hearing under subsection (e) of this Code section. The election must be made not later than 20 days after the receipt by the electing person of service under Code Section 8-3-211 or, in the case of the administrator, not later than 20 days after such service. The person making such election shall give notice of doing so to the administrator and to all other complainants and respondents to whom the charge relates. (2) If the administrator has been unable to obtain voluntary compliance or as a result of an investigation under Code Section 8-3-209 finds that there is reasonable cause to believe that a discriminatory housing practice has occurred, at the recommendation of the administrator, the Attorney General shall bring an action in the name of the state on behalf of the aggrieved person to enforce the provisions of this article. (3) If an election is made under this subsection, the administrator shall authorize and, not later than 30 days after the election is made, the Attorney General shall commence a civil action in the name of the state on behalf of the aggrieved person seeking relief under this Code section in a superior court.

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(b) Whenever an action filed in court pursuant to paragraph (2) of subsection (a) of this Code section or Code Section 8-3-217 or 8-3-218 comes to trial, the administrator shall immediately terminate all efforts to obtain voluntary compliance.
(c)(1) The court may impose the following fines if the respondent has been adjudged to have committed a discriminatory housing practice:
(A) Up to $10,000.00, if the respondent has not previously been found guilty of committing a discriminatory housing practice; (B) Up to $25,000.00, if the respondent has been found guilty of committing one prior discriminatory housing practice within the preceding five years; or (C) Up to $50,000.00, if the respondent has been found guilty of committing two or more discriminatory housing practices within the preceding seven years. (2) The court in its discretion may award the prevailing party reasonable attorney's fees and court costs; provided, however, that a respondent may be awarded reasonable attorney's fees and court costs only if the respondent prevails on all alleged violations of this article and upon a showing that the action is frivolous, unreasonable, or without foundation. (3) In addition to the remedies set forth in paragraphs (1) and (2) of this subsection, the court may award actual damages and punitive damages to the aggrieved person. Punitive damages awarded under this subsection may be awarded only when the evidence shows that the respondent's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences or to the rights of the aggrieved party. (d) Any local agency certified as substantially equivalent by the secretary of housing and urban development pursuant to Section 810 of the federal Fair Housing Amendments Act of 1988 may institute a civil action in any appropriate court, including superior court, if it is unable to obtain voluntary compliance with the local fair housing law. The agency need not have petitioned for an administrative hearing or exhausted its administrative remedies prior to bringing a civil action. The court may impose fines as provided in the local fair housing law. (e)(1) Where an election is not made under paragraph (1) of subsection (a) of this Code section, the administrator shall refer the complaint to an administrative law judge of the Office of State Administrative Hearings. An administrative hearing shall be conducted as provided for under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (2) Not more than seven working days after the case has been referred to the administrative law judge, the administrator shall serve on the respondent and the person aggrieved or the aggrieved person's attorney by registered or certified mail or statutory overnight delivery a written notice together with a copy of the complaint requiring the respondent to answer the charges contained therein at a hearing before the administrative law judge at a time and place specified in the notice. Such notice must contain all general and specific charges against the respondent.

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(3) The respondent shall serve an answer with the administrative law judge by registered or certified mail or statutory overnight delivery not more than 20 working days after receipt of the notice of hearing, which 20 working days may be extended by the administrative law judge in the administrative law judge's discretion for an additional time not to exceed ten working days. The respondent's answer must show by a certificate of service that the respondent has served a copy of the answer on the administrator and complainant or the complainant's attorney at the last known address of the complainant or the complainant's attorney where the complainant is represented by an attorney. Upon leave of the administrative law judge, the complainant may amend the charges contained in the notice of hearing. The respondent may amend an answer at any time prior to the hearing or, upon leave of the administrative law judge, may amend thereafter. No order shall be issued unless the respondent has had the opportunity of a hearing on the charges contained in the notice of hearing or amendment on which the final order is based. If the respondent fails to answer the complaint, the administrative law judge may enter the respondent's default. Unless the default is set aside for good cause shown, the hearing may proceed under the available evidence. (4) A respondent who has filed an answer or whose default in answering has been set aside for good cause shown may appear at the hearing, may examine and cross-examine witnesses and the complainant, and may offer evidence. The complainant and, at the discretion of the administrative law judge, any other person may intervene, examine and cross-examine witnesses, and present evidence. (5) Efforts at conference, conciliation, and persuasion shall not be received in evidence. (6) Testimony taken at the hearing shall be under oath and shall be stenographically or otherwise recorded by a certified court reporter. After the hearing, the administrative law judge at the administrative law judge's discretion may take further evidence or hear arguments upon notice to all parties with an opportunity to be present. (7) Except as otherwise specifically provided for in this article, all proceedings of the administrative law judge shall be conducted as provided for with respect to contested cases in Chapter 13 of Title 50."

SECTION 5. Said article is further amended by revising Code Section 8-3-214, relating to orders of board of commissioners, as follows:
"8-3-214. (a) If the administrative law judge determines that the respondent has not engaged in a discriminatory housing practice, the administrative law judge shall state the administrative law judge's findings of fact and conclusions of law and shall issue a final order within 30 days after the hearing unless, for good cause shown, such time is extended by the administrative law judge, dismissing the complaint. (b) If the administrative law judge determines that the respondent has engaged in a discriminatory housing practice, the administrative law judge shall state the administrative

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law judge's findings of fact and conclusions of law and shall issue an order within 30 days after the hearing unless, for good cause shown, such time is extended by the administrative law judge, granting such relief as may be appropriate, which may include actual compensatory damages suffered by the aggrieved person and injunctive or other equitable relief. The prevailing party may, in the discretion of the administrative law judge, be awarded reasonable attorney's fees and costs; provided, however, that a respondent may only be awarded reasonable attorney's fees and costs against a party if the respondent prevails on all alleged violations of this article and upon a showing that the proceeding is frivolous, unreasonable, or without foundation. (c) No order of the administrative law judge or final order of the administrator shall affect any contract, sale, encumbrance, or lease consummated before the issuance of such order and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the charge filed under this article. In the case of an order with respect to a discriminatory housing practice that occurred in the course of a business subject to licensing or regulation by a governmental agency, the administrator shall, not later than 30 days after the date the order becomes final, or, if such order is judicially reviewed, 30 days after such order is in substance affirmed upon review, send copies of the findings of fact, conclusions of law, and the order to that governmental agency and recommend to that governmental agency appropriate disciplinary action. In the case of an order against a respondent against whom another order was issued within the preceding five years under this Code section, the administrator shall send a copy of each such order to the Attorney General. (d) If the administrative law judge finds that the respondent has not engaged or is not about to engage in a discriminatory housing practice, as the case may be, the administrative law judge shall enter an order dismissing the charge. The administrator shall make public disclosure of each such dismissal when it becomes final. (e) The administrator may review and reject or modify any finding, conclusion, or order issued by the administrative law judge. In the absence of an appeal by any of the parties to the administrator or any action taken by the administrator within 30 days after the finding, conclusion, or order is so issued, such finding, conclusion, or order shall become the final order of the Commission on Equal Opportunity."

SECTION 6. Said article is further amended by revising Code Section 8-3-215, relating to appeal from order of board of commissioners and attorney's fees and costs, as follows:
"8-3-215. (a) Any party to a hearing before the administrative law judge may appeal any adverse final order of the administrative law judge by filing a petition for review in the Superior Court of Fulton County within 30 days of the issuance of the final order. The administrative law judge shall not be a named party. The administrator must be served with a copy of the petition for review. Within 30 days after the petition is served on the administrator, the administrator shall forward to the court a certified copy of the record of

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the hearing before the administrative law judge, including the transcript of the hearing before the administrative law judge and all evidence, administrative pleadings, and orders, or the entire record if no hearing has been held. For good cause shown, the court may require or permit subsequent corrections or additions to the record. All appeals for judicial review shall be in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that if any provisions of Chapter 13 of Title 50 conflict with any provision of this article, this article controls. (b) The court shall not substitute its judgment for that of the administrative law judge as to the weight of the evidence on questions of fact. The court may affirm a final order of the administrative law judge or remand the case for further proceedings. The court may reverse or modify the final order if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) Arbitrary, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (c) Upon judicial review of any order of the administrator or in a proceeding in which a complainant seeks enforcement of a conciliation agreement, the court in its discretion may award the prevailing party reasonable attorney's fees and costs; provided, however, that a respondent may be awarded reasonable attorney's fees and court costs only if the respondent prevails on all alleged violations in the order or of the conciliation agreement and upon a showing that the action is frivolous, unreasonable, or without foundation."

SECTION 7. Said article is further amended by revising Code Section 8-3-216, relating to filing order of administrator or board of commissioners in superior court and judgment thereon, as follows:
"8-3-216. Any person affected by a final order of the administrator may file in the superior court of the county of the residence of the respondent a certified copy of a final order of the administrator unappealed from or of a final order of the administrator affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court."

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SECTION 8. Said article is further amended by revising subsections (a) and (b) of Code Section 8-3-217, relating to civil actions by aggrieved persons, as follows:
"(a)(1) An aggrieved person may commence a civil action in an appropriate superior court not later than two years after the occurrence or the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered into under this article, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice or breach of a conciliation agreement. (2) The computation of such two-year period shall not include any time during which an administrative proceeding under this article was pending with respect to a complaint or charge under this article based upon such discriminatory housing practice. This paragraph does not apply to actions arising from a breach of a conciliation agreement. (3) An aggrieved person may commence a civil action under this subsection whether or not a complaint has been filed under Code Section 8-3-208 and without regard to the status of any such complaint, but if the administrator has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this subsection by such aggrieved person with respect to the alleged discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such conciliation agreement. (4) An aggrieved person may not commence a civil action under this subsection with respect to an alleged discriminatory housing practice which forms the basis of a charge issued by the administrator if an administrative law judge has commenced a hearing on the record under this article with respect to such charge. (b)(1) The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order and may award to the plaintiff reasonable attorney's fees, court costs, actual damages, and punitive damages. Punitive damages may be awarded under this article only when the evidence shows that the respondent's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences or to the rights of the aggrieved party. (2) Where it is proved that the aggrieved party took an active part in the initiation, continuation, or procurement of civil proceedings against a respondent, the aggrieved party may be liable for abusive litigation as provided for in Article 5 of Chapter 7 of Title 51."

SECTION 9. Said article is further amended by revising subsection (d) of and by adding a new subsection to Code Section 8-3-218, relating to civil actions by Attorney General, as follows:

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"(d)(1) In a civil action brought under subsection (a) or (b) of this Code section, the court:
(A) May award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the persons responsible for a violation of this article as is necessary to assure the full enjoyment of the rights granted by this article; (B) May award such other relief as the court deems appropriate, including actual damages to persons aggrieved; and (C) May, to vindicate the public interest, assess a civil penalty against the respondent:
(i) In an amount not exceeding $50,000.00 for a first violation; or (ii) In an amount not exceeding $100,000.00 for any subsequent violation. (2) In a civil action brought under subsection (a) or (b) of this Code section, the court in its discretion may allow the prevailing party reasonable attorney's fees and court costs; provided, however, that a respondent may be awarded reasonable attorney's fees and court costs if the respondent prevails on all alleged violations of this article and upon a showing that the action is frivolous, unreasonable, or without foundation." "(f) Nothing in this article shall be interpreted to limit or alter the Attorney General's authority to determine whether to file or otherwise maintain a civil action."

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Approved August 3, 2020.

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AGRICULTURE AGRICULTURAL COMMODITY COMMISSION FOR WINE AND GRAPES; CREATION.

No. 557 (House Bill No. 1093).

AN ACT

To amend Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodity commissions generally, so as to provide for an Agricultural Commodity Commission for Wine and Grapes; to provide a definition; to provide for composition, powers, and terms of office of the commission; to provide for limitations on assessments; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Article 2 of Chapter 8 of Title 2 of the Official Code of Georgia Annotated, relating to agricultural commodity commissions generally, is amended in Code Section 2-8-11, relating to definitions, by revising paragraph (9) as follows:
"(9) 'Producer' means any person engaged within this state in the business of producing or causing to be produced for market any agricultural commodity as defined in this Code section. In the case of the Agricultural Commodity Commission for Wine and Grapes, such term means a farm winery as defined in subsection (a) of Code Section 3-6-21.1."

SECTION 2. Said article is further amended in Code Section 2-8-13, relating to commissions previously established are ratified and governed by chapter, contributions deemed voluntary, and balloting to determine continued existence, by adding new paragraphs to subsection (a) and subsection (c) to read as follows:
"(6) There shall be an Agricultural Commodity Commission for Wine and Grapes established on September 1, 2020." "(6) Prior to December 31, 2023, and each three years thereafter, balloting shall be conducted in accordance with Code Section 2-8-23 to determine whether any existing commission listed in paragraph (6) of subsection (a) of this Code section shall continue to exist and operate under this article."

SECTION 3. Said article is further amended in Code Section 2-8-14, relating to composition, appointments, terms of office, compensation, certification, advisory boards, special committees, personnel, legal representation, acceptance of donations, voting, and termination, by revising paragraph (5) of subsection (a), subsection (b), and subsection (c) and by adding a new subsection to read as follows:
"(5) Except as otherwise provided in subsection (c.1) of this Code section, five additional members, who shall be producers of the affected agricultural commodity, to be appointed by the ex officio members of the commission; provided, however, that such additional membership of the Agricultural Commodity Commission for Beef shall consist of three beef cattle farmers, one dairy farmer, and one individual involved in the marketing of cattle; and provided, further, that for the Agricultural Commodity Commission for Cotton, the number of additional members appointed pursuant to this paragraph shall be seven. For the purposes of the appointment of such additional members, the two members elected by each of the agriculture committees of the General Assembly, who shall serve as members of each commission, shall be deemed to be ex officio members." "(b) Except as otherwise provided in subsection (c.1) of this Code section, members elected by the agriculture committees of the General Assembly shall be elected during each regular session of the General Assembly convening in even-numbered years. Such members shall be selected so that one member is from the northern part of Georgia and one

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member is from the southern part. For purposes of this selection the northern part of Georgia shall be that area north of and including Richmond, McDuffie, Warren, Hancock, Baldwin, Jones, Bibb, Crawford, Upson, Talbot, and Muscogee counties; and the southern part shall be that area south of such counties. The chairpersons of the Senate and House committees shall by agreement determine which committee shall choose the member from the northern part and which committee shall choose the member from the southern part. Such members shall serve from the date of their election until the election of their successors." "(c) Except as otherwise provided in subsection (c.1) of this Code section, the appointment of additional members of the commission by the ex officio members thereof, as provided in this Code section, shall be made by them from a list of nominees, submitted by the producers of the affected agricultural commodity, containing the names of double the number of appointments to be made. In the event of a controversy as to the producer group authorized to submit a list of nominees for appointment as members of the commission, the ex officio members shall consider and determine all issues pertaining thereto and upon making their determination shall make the appointments in accordance with such determination. Initial appointments shall be made for three members for a term of three years each from the effective date of their appointment and until their successors are appointed and qualified and two members for a term of two years each from the effective date of their appointment and until their successors are appointed and qualified. Thereafter, successors shall be appointed for a term of three years each from the effective date of their appointment and until their successors are appointed and qualified. Vacancies shall be filled by appointment by the ex officio members of the commission, in like manner, for the unexpired term, except that vacancies in the office of a member elected by a legislative committee shall be filled for the unexpired term by the legislative committee which made the previous appointment. Any appointed member shall be eligible for reappointment provided he or she is nominated as provided in subsection (b) of this Code section."
"(c.1)(1) The Agricultural Commodity Commission for Wine and Grapes shall also be composed of:
(A) Two members, who shall be producers of wine, appointed by the ex officio members of the Agricultural Commodity Commission for Wine and Grapes. Said members shall serve initial terms of two years and subsequent terms of three years from the effective date of their appointment and until their successors are appointed and qualified; (B) One member appointed by the ex officio members of the Agricultural Commodity Commission for Wine and Grapes who shall be a producer of wine and shall reside in one of the following counties of this state: Banks, Bartow, Catoosa, Chattooga, Cherokee, Dade, Dawson, Elbert, Fannin, Floyd, Forsyth, Franklin, Gilmer, Gordon, Habersham, Hall, Hart, Jackson, Lumpkin, Madison, Murray, Pickens, Rabun, Stephens, Towns, Union, Walker, White, or Whitfield. In appointing such member, the ex officio members shall consider any recommendations of the board of directors of

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Georgia Wine Producers, Inc. Such member shall serve a three-year term from the effective date of his or her appointment and until a successor is appointed and qualified; (C) One member appointed by the ex officio members of the Agricultural Commodity Commission for Wine and Grapes who shall be a producer of wine and shall reside in one of the following counties of this state: Baldwin, Barrow, Bibb, Bleckley, Bulloch, Burke, Butts, Candler, Carroll, Chattahoochee, Clarke, Clayton, Cobb, Columbia, Coweta, Crawford, DeKalb, Douglas, Effingham, Emanuel, Fayette, Fulton, Glascock, Greene, Gwinnett, Hancock, Haralson, Harris, Heard, Henry, Houston, Jasper, Jefferson, Jenkins, Johnson, Jones, Lamar, Laurens, Lincoln, Macon, Marion, McDuffie, Meriwether, Monroe, Morgan, Muscogee, Newton, Oconee, Oglethorpe, Paulding, Peach, Pike, Polk, Putnam, Richmond, Rockdale, Schley, Screven, Spalding, Talbot, Taliaferro, Taylor, Treutlen, Troup, Twiggs, Upson, Walton, Warren, Washington, Wilkes, or Wilkinson. In appointing such member, the ex officio members shall consider any recommendations of the board of directors of Georgia Wine Producers, Inc. Such member shall serve a three-year term from the effective date of his or her appointment and until a successor is appointed and qualified; and (D) One member appointed by the ex officio members of the Agricultural Commodity Commission for Wine and Grapes who shall be a producer of wine and shall reside in one of the following counties of this state: Appling, Atkinson, Bacon, Baker, Ben Hill, Berrien, Brantley, Brooks, Bryan, Calhoun, Camden, Charlton, Chatham, Clay, Clinch, Coffee, Colquitt, Cook, Crisp, Decatur, Dodge, Dooly, Dougherty, Early, Echols, Evans, Glynn, Grady, Irwin, Jeff Davis, Lanier, Lee, Liberty, Long, Lowndes, McIntosh, Miller, Mitchell, Montgomery, Pierce, Pulaski, Quitman, Randolph, Seminole, Stewart, Sumter, Tattnall, Telfair, Terrell, Thomas, Tift, Toombs, Turner, Ware, Wayne, Webster, Wheeler, Wilcox, or Worth. In appointing such member, the ex officio members shall consider any recommendations of the board of directors of Georgia Wine Producers, Inc. Such member shall serve a three-year term from the effective date of his or her appointment and until a successor is appointed and qualified. (2) Vacancies shall be filled by appointment by the ex officio members of the Agricultural Commodity Commission for Wine and Grapes, in like manner, for the unexpired term, except that vacancies in the office of a member elected by a legislative committee shall be filled for the unexpired term by the legislative committee which made the previous appointment. Any appointed member shall be eligible for reappointment provided he or she is nominated as provided in this Code section."

SECTION 4. Said article is further amended in Code Section 2-8-23.1, relating to limitations on assessments, by adding a new subsection to read as follows:
"(c) No marketing order issued by the Agricultural Commodity Commission for Wine and Grapes shall exceed the highest excise tax levied under Code Section 3-6-50."

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

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

Approved August 3, 2020.

__________

ALCOHOLIC BEVERAGES COMPREHENSIVE REVISIONS.

No. 558 (House Bill No. 879).

AN ACT

To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for and change certain regulations as to the sale and consumption of alcoholic beverages; to provide for the Department of Revenue to develop and implement a state-wide, centralized application process for retailers for initial applications and renewals for licenses and permits; to provide for uniform procedures and forms for such online process; to provide for remittance and reporting of application fees; to provide methods by which the governing authority of a municipality or county may extend the hours of Sunday sales of alcoholic beverages for consumption on the premises and for consumption off the premises if Sunday sales of such alcoholic beverages are already lawful as a result of a passage of a referendum; to provide the requirements and procedures of referendums, ordinances, and resolutions to extend the hours on Sundays during which certain alcoholic beverages may be sold; to provide for referendums; to provide for the legislative intent of the General Assembly to exercise strict regulatory control over the three-tier system; to permit certain retailers to make deliveries of alcoholic beverages pursuant to specific terms and conditions; to provide for definitions; to allow certain retailers to market, receive, and process orders for alcoholic beverages using electronic means owned, operated, or maintained by third parties; to provide for the relationship between such retailers and third parties; to provide certain requirements for individuals making deliveries; to provide for warrantless searches and seizures by certain agents and officers of the Department of Revenue; to provide for training on sales and delivery of alcoholic beverages; to provide for the commissioner of revenue to promulgate certain rules and regulations; to provide for penalties; to provide that licenses for retail sale packages of alcoholic beverages for consumption off the premises shall be subject to regulation as to distances from college campuses as determined by the local governing authority; to provide an exception; to provide

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that retail package liquor stores may conduct tasting events at which samples of alcoholic beverages may be served; to provide for terms and conditions of tasting events; to specify that manufacturers and wholesalers may provide samples of alcoholic beverages to retail dealers under certain conditions; to provide for the promulgation of rules and regulations by the state revenue commissioner; to revise certain provisions for purposes of conformity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by adding a new Code section to read as follows:
"3-2-7.1. (a) On or before January 1, 2021, the department shall develop and implement a state-wide, centralized application process for initial applications and renewals for licenses and permits for retailers in order to provide for uniform and streamlined practices with respect to such application and renewal process that both the department and any local governing authority of any county or municipality that issues licenses or permits to retailers shall be required to use. Such process shall provide for such licenses and permits for retailers that may be issued by the department and by the governing authority of any county or municipality to be applied for and renewed online. The department in developing and implementing such process shall consider input from retailers, local governments, and the associations that represent them. (b) The department shall prescribe uniform procedures and forms for the initial application and renewal for licenses and permits for retailers to be used in the state-wide, centralized application process and shall provide for the local governing authority of any county or municipality to provide electronic forms to be added to such process for any additional information that is necessary in order to determine if a local license or local permit may be issued or renewed that such local governing authority demonstrates substantially differs from that requested through the procedures and forms developed by the department, such as, but not limited to, any distance requirements. (c) The state-wide, centralized application process shall ensure that any initial application or renewal is sent simultaneously upon completion to the department and the appropriate local governing authority; provided, however, that the department may require that a valid local license or permit be issued prior to granting a license or permit. (d) The state-wide, centralized application process shall provide for the remittance and reporting of all fees for initial applications and renewals for licenses and permits for retailers and may do so by requiring the applicant to pay the department and the local governing authorities of the county or municipality separately at the time the initial application or renewal is submitted.

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(e) The department shall administer the state-wide, centralized application process and shall provide access to the necessary authorized users. (f) The commissioner shall adopt rules and regulations necessary to implement and administer the provisions this Code section."

SECTION 1A. Said title is further amended by adding a new Code section to read as follows:
"3-3-1.1. (a) This title has been enacted pursuant to the authority granted to the state under the Twenty-first Amendment to the United States Constitution, the powers reserved to the state under the Tenth Amendment to the United States Constitution, and the inherent powers of the state under the Constitution of the State of Georgia of 1983. It is the intent of the General Assembly that this title do all of the following:
(1) Further regulate and control alcoholic beverage transactions in this state under the control and supervision of the commissioner; (2) Promote and assure the public's interest in fair and efficient distribution and quality control of alcoholic beverages in this state; (3) Promote orderly marketing of alcoholic beverages; (4) Prevent unfair business practices, discrimination, and undue control of one segment of the alcoholic beverage industry by any other segment; (5) Foster vigorous and healthy competition in the alcoholic beverage industry; (6) Preserve and promote a robust, stable system of distribution of alcoholic beverages to the public; (7) Provide for an orderly system of public revenues by facilitating the collection and accountability of this state and local excise taxes; (8) Facilitate the collection of state and local revenue; (9) Promote the health, safety, and welfare of residents of this state by, among other purposes, ensuring that the commissioner shall be able to inspect and seize any alcoholic beverage shipped into, distributed, and sold throughout this state and ensuring that any such alcoholic beverage:
(A) Has been registered for sale in this state with the commissioner; (B) Is not subject to a government mandated or supplier initiated recall; (C) Is not counterfeit; (D) Is labeled in conformance with applicable laws, rules, and regulations; (E) Can be tested by the commissioner or an agent assigned by the commissioner; and (F) Is not prohibited by this state; and (10) Promote and maintain a sound, stable, and viable three-tier system of distribution of alcoholic beverages to the public. (b) If any provision of this title or its application to any person or circumstance is determined by a court or other authority of competent jurisdiction to be invalid or unconstitutional, such provision shall be stricken and the remaining provisions shall be

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construed in accordance with the intent of the General Assembly to further limit rather than expand commerce in alcoholic beverages, and with respect to alcoholic beverages, the remaining provisions shall be construed to enhance strict regulatory control over the taxation, manufacture, distribution, and sale of alcoholic beverages through the three-tier regulatory system and the licensing laws imposed by this title."

SECTION 2. Said title is further amended in Code Section 3-3-7, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, by adding new subsections to read as follows:
"(j.2)(1) Notwithstanding any other provisions of law, on and after the effective date of this Code section, in all counties or municipalities in which governing authority has been authorized pursuant to a referendum held under this Code section to permit the sale of alcoholic beverages for consumption on the premises on Sundays from 12:30 P.M. until 12:00 Midnight and has been authorized pursuant to a referendum held pursuant to subsection (p) of this Code section to permit package sales of malt beverages and wine, but not distilled spirits, on Sundays from 12:30 P.M. to 11:30 P.M., the governing authority of the county or municipality may, by resolution or ordinance conditioned on approval in a referendum, authorize on Sundays from 11:00 A.M. until 12:00 Midnight the sale of:
(A) Alcoholic beverages for consumption on the premises 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; and (B) Packages sales of malt beverages and wine. (2) Any governing authority desiring to permit and regulate such 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 such 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 county once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words:

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'( ) YES ( ) NO

Shall the governing authority of (name of municipality or county) be authorized to permit and regulate Sunday sales of malt beverages and wine by the drink from 11:00 A.M. to 12:00 Midnight and Sunday sales of malt beverages and wine by the package from 11:00 A.M. to 12:00 Midnight?'

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 the effective date of this Code section pursuant to the authorizations granted by any other provision 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.3)(1) Notwithstanding any other provisions of law, on and after the effective date of

this Code section, in all counties or municipalities in which governing authority has been

authorized pursuant to a referendum held under this Code section to permit the sale of

alcoholic beverages for consumption on the premises on Sundays from 12:30 P.M.

until 12:00 Midnight and has been authorized pursuant to a referendum held under

subsection (q) of this Code section to permit package sales of malt beverages, wine, and

distilled spirits on Sundays from 12:30 P.M. to 11:30 P.M., the governing authority of the

county or municipality may, by resolution or ordinance conditioned on approval in a

referendum, authorize on Sundays from 11:00 A.M. until 12:00 Midnight the sale of:

(A) Alcoholic beverages for consumption on the premises 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; and (B) Packages sales of malt beverages, wine, and distilled spirits.

(2) Any governing authority desiring to permit and regulate such 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 such Sunday sales to the electors

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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 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 ( ) NO authorized to permit and regulate Sunday sales of malt beverages,
wine, and distilled spirits by the drink from 11:00 A.M. to 12:00 Midnight and by the package from 11:00 A.M. to 12:00 Midnight?'
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 the effective date of this Code section pursuant to the authorizations granted by any other provision 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." "(p.1) Notwithstanding other laws, in all counties or municipalities in which package sales by retailers of malt beverages and wine, but not distilled spirits, have been authorized on Sunday from 12:30 P.M. to 11: 30 P.M. pursuant to a referendum held under subsection (p) of this Code section and sales of alcoholic beverages for consumption on the premises on Sundays from 11:00 A.M. to 12:00 Midnight, including for an additional hour and a half from 11:00 A.M. to 12:30 P.M., have been authorized pursuant to a referendum held under subsection (j) or (j.1) of this Code section, the governing authority of the county or municipality, as appropriate, may by adoption of a resolution or ordinance allow package sales by retailers of malt beverages and wine for consumption off the premises on Sundays from 11:00 A.M. until 12:00 Midnight. The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title relative to the sale of alcoholic beverages by retailers." "(q.1) Notwithstanding other laws, in all counties or municipalities in which package sales by retailers of malt beverages, wine, and distilled spirits have been authorized on Sundays beginning from 12:30 P.M. to 11:30 P.M. pursuant to a referendum held under (q) of this Code section and sales of alcoholic beverages for consumption on the premises on Sundays

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from 11:00 A.M. to 12:00 Midnight have been authorized pursuant to a referendum held under subsection (j) or (j.1) of this Code section, the governing authority of the county or municipality, as appropriate, may by adoption of a resolution or ordinance allow package sales by retailers of malt beverages, wine, and distilled spirits for consumption off the premises on Sundays from 11:00 A.M. until 12:00 Midnight. The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title relative to the sale of alcoholic beverages by retailers."

SECTION 3. Said title is further amended by adding a new Code section to read as follows:
"3-3-10. (a) For purposes of this Code section, the term:
(1) 'Air carrier' means a person that undertakes by any means, directly or indirectly, to provide air transportation. (2) 'Carrier' means any person, including without limitation any motor carrier, freight forwarder, or air carrier, whose business is to transport goods or people while acting in the capacity as common, private, or contract transporter of a product or service using its facilities or those of other carriers. (3) 'Electronic means' means internet enabled technology and digital media, including, but not limited to, websites and consumer applications accessible through computers, smartphones, or other electronic devices. (4) 'Employee' means an individual who is:
(A) A full-time or part-time employee of a packaged goods retailer; and (B) Authorized to act as an agent of such packaged goods retailer. (5) 'Freight forwarder' means a person holding itself out to the general public to provide transportation of property for compensation and in the ordinary course of its business: (A) Assembles and consolidates, or provides for the assembly and consolidation of, shipments and performs or provides for break bulk and distribution operations of the shipments; (B) Assumes responsibility for such transportation from the place of receipt to the place of destination; and (C) Uses for any part of such transportation another freight forwarder, an air carrier, a motor carrier, or any other carrier. (6) 'Motor carrier' means a person that provides motor vehicle transportation for compensation. (7) 'Packaged goods retailer' means a person licensed under this title as a retailer to sell alcoholic beverages in unbroken packages for consumption off the premises that is not: (A) A manufacturer or any other person licensed to manufacture alcoholic beverages; (B) A carrier; (C) A shipper; or (D) A person that takes delivery of alcoholic beverages directly from a:

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(i) Retailer; or (ii) Manufacturer or any other person licensed to manufacture alcoholic beverages. (8) 'Proper identification' shall have the same meaning as provided in Code Section 3-3-23. (9) 'Third party' means: (A) Any person that: (i) Is registered to do business in this state; (ii) Has a contractual relationship with a packaged goods retailer; (iii) Is authorized to act as an agent of such packaged goods retailer; and (iv) Is not a manufacturer, any other person licensed to manufacture alcoholic beverages, or an affiliate of such manufacturer or such other person; or (B) Any full-time or part-time employee or independent contractor of any person that: (i) Is registered to do business in this state; (ii) Has a contractual relationship with such third party as defined in subparagraph (A) of this paragraph; (iii) Is authorized to act as an agent of such third party as defined in subparagraph (A) of this paragraph; and (iv) Is not a manufacturer, any other person licensed to manufacture alcoholic beverages, or an affiliate of such manufacturer or such other person. (b) Notwithstanding any other provision of law, and except where prohibited by local ordinance or resolution, a packaged goods retailer may deliver malt beverages and wine in unbroken packages lawfully sold to and purchased by an individual for personal use and not for resale to an address designated by such individual, subject to the following terms and conditions: (1) The individual making the purchase shall, prior to ordering and purchasing malt beverages and wine for delivery, establish an account maintained by the packaged goods retailer that shall be available for inspection by the department; (2) The packaged goods retailer or employee shall process all payments made by the individual who is transacting the purchase with the packaged goods retailer prior to the malt beverages and wine leaving such packaged goods retailer's licensed premises for delivery; (3) The packaged goods retailer, employee, or third party shall assemble, package, and fulfill each order at the licensed premises of the packaged goods retailer from inventory located at such licensed premises and shall not pull from the inventory of any other person, including another retailer or licensed premises; (4) All malt beverages and wine that leave the licensed premises of the packaged goods retailer for delivery shall: (A) Remain in the possession of the individual, either the packaged goods retailer, the employee, or the third party, that removed it from the licensed premises for delivery and shall not be transferred to any other person until the time of delivery in compliance with

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the requirements of this subsection or until the time of the return to the packaged goods retailer if delivery is not made; (B) Only be transported in a vehicle or other transportation device containing products or goods traveling in intrastate commerce for delivery in the local licensing jurisdiction of the licensed premises of such packaged goods retailer; and (C) Not be carried, commingled, or stored with, or transported in any vehicle or other transportation device containing, products or goods traveling in interstate commerce for delivery; (5) Delivery shall be made by the packaged goods retailer, employee, or third party who: (A) Is at least 21 years of age; (B) Has a valid Georgia driver's license; (C) Has undergone within the last 12 months a background check that includes a local and national criminal history and driving records and:
(i) Has not had more than three moving violations in the prior three-year period; (ii) Has not had a major traffic violation, as such term is defined in Code Section 40-5-142, in the prior three-year period; (iii) Has not been convicted within the past seven years of driving under the influence of drugs or alcohol; (iv) Has not been convicted at any time of fraud, a sexual offense, the use of a motor vehicle to commit a felony, a crime involving property damage, a crime involving theft, a crime involving an act of violence, or a crime involving an act of terror; and (v) Does not have a match on the National Sex Offender Registry data base; (D) Has undergone training approved by the department on sales and delivery of malt beverages and wine in this state; (E) Shall not possess or handle as part of or during the delivery forms of compensation that are used to purchase or transact the sale of malt beverages and wine; (F) Does not receive compensation based upon whether an attempted delivery results in a completed transaction; and (G) At all times during which the malt beverages and wine to be delivered are in the vehicle, transportation device, possession, or care of such packaged goods retailer, employee, or third party, shall not also have in his or her vehicle, transportation device, possession, or care any products or goods traveling in interstate commerce; (6) Delivery shall be made by the packaged goods retailer, employee, or third party to an individual who is at least 21 years of age and presents proper identification verifying the age of such individual; (7) At the time of delivery, the packaged goods retailer, employee, or third party shall verify the identity and age of the individual accepting delivery by validating the proper identification of the individual accepting delivery in person and obtaining his or her signature on a written or electronic acknowledgment of receipt of the order and certification of legal age to purchase malt beverages and wine. The packaged goods retailer, employee, or third party shall scan or otherwise verify the proper identification

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of the individual accepting delivery at the time of delivery and shall retain a record of such individual's name and date of birth that shall be available for inspection upon request for a minimum of three years; (8) The packaged goods retailer, employee, or third party conducting the delivery shall refuse to make the delivery if:
(A) No individual is visibly present and available at the address to accept delivery; or (B) The individual visibly present and available attempting to accept the delivery:
(i) Is less than 21 years of age; (ii) Fails to produce proper identification verifying his or her age; (iii) Fails to provide a signature that matches such proper identification; or (iv) Is noticeably intoxicated; (9) All deliveries shall be inspected at the time of delivery by the individual accepting such delivery. The transaction shall be deemed complete upon acceptance of delivery of the malt beverages and wine, and all sales shall be final; (10) The delivery address shall be located within the local licensing jurisdiction of the packaged goods retailer; (11) The delivery shall take place only during the lawful times when malt beverages and wine can be sold by the packaged goods retailer for consumption off the premises; (12) The delivery shall be made only within the same calendar day on which the malt beverages and wine leave the licensed premises of the packaged goods retailer for delivery; and (13) No delivery shall knowingly be made to any address or to any property that is part of: (A) Any public or private elementary or secondary educational school, including without limitation any dormitory, housing, or common space located on the campus of any elementary or secondary educational school; (B) Any prison, reformatory, and other correctional facilities; (C) Any addiction or substance abuse facilities; (D) Any locker, mailbox, package shipping location, or similar service or storage facility business; or (E) Any retailer. (c) A packaged goods retailer may use electronic means to market, receive, and process orders for malt beverages and wine it is licensed to sell placed by individuals who are at least 21 years of age, provided that any such orders shall be delivered in accordance with subsection (b) of this Code section. (d) A packaged goods retailer may market, receive, and process orders for malt beverages and wine it is licensed to sell placed by individuals who are at least 21 years of age using electronic means owned, operated, or maintained by a third party, provided that any such orders shall be delivered in accordance with subsection (b) of this Code section and: (1) The packaged goods retailer maintains control and responsibility over the sales transaction and the transfer of the physical possession of the malt beverages and wine

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from the inventory of such packaged goods retailer to the individual conducting the delivery in accordance with subsection (b) of this Code section; (2) The packaged goods retailer shall retain sole discretion to determine whether to accept and complete an order or to reject an order; (3) The purchase transaction takes place between the individual placing the order and the packaged goods retailer and the packaged goods retailer appears as the merchant of record at all times, including at the time of purchase and at the time of receipt of the delivery; (4) Any credit or debit card information provided by the individual placing the order to a third party for the purpose of transacting the purchase with the packaged goods retailer is automatically directed to the packaged goods retailer; (5) The packaged goods retailer that accepts the order receives the payment that is made by the individual who is transacting the purchase with such packaged goods retailer; and (6) The delivery of malt beverages and wine to the individual who placed the order is made by the packaged goods retailer, employee, or third party in compliance with the requirements of subsection (b) of this Code section. (d.1) Notwithstanding any other provision of law, and except where prohibited by local ordinance or resolution, a licensed retail package liquor store that is also a packaged goods retailer may deliver distilled spirits in unbroken packages lawfully sold to and purchased by an individual for personal use and not for resale in the same manner and under the same terms and conditions as provided in this Code section for the delivery of malt beverages and wine. (e) The department shall develop a curriculum for or list of required elements of the sales and delivery training required under subparagraph (b)(4)(D) of this Code section and shall determine the providers approved to conduct such training. A packaged goods retailer or third party may submit to the department a proposed program for such required training, upon receipt of which the department shall have 15 days to approve, deny, or indicate what modifications are necessary to such program. (f) Persons appointed by the commissioner as special agents or enforcement officers of the department shall, in addition to the powers and duties provided for in Code Section 3-2-30, have the power to inspect, without a warrant, in a lawful manner any premises of the packaged goods retailer or any vehicle or other transportation device being used by the packaged goods retailer, employee, or third party to make a delivery under this Code section for the purpose of: (1) Determining if any of the provisions of this Code section or any rule or regulation promulgated under its authority is being violated; or (2) Securing evidence as may be needed for an administrative proceedings action, as provided in this Code section or any other provisions of this title. (g) The commissioner shall be authorized to promulgate and enforce such rules and regulations as it may deem necessary to carry out or make effective the provisions of this

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Code section, including, but not limited to, rules and regulations governing the training of individuals making deliveries.
(h)(1) In addition to the commissioner's power to suspend, revoke, or cancel licenses, permits, or registrations issued pursuant to this title, upon a violation of any provision of this Code section or any rule or regulation promulgated thereunder, the commissioner shall have the power to impose a fine not to exceed $500.00 for each violation and may suspend for up to 30 days for each violation the authorization provided by this Code section for the packaged goods retailer to deliver malt beverages and wine or to use an employee or third party to deliver malt beverages and wine. Any violation committed by an employee or a third party shall be attributed to and deemed to be an act taken by a packaged goods retailer for purposes of this Code section. A packaged goods retailer, employee, and third party may each be fined for the same violation. Nothing in this paragraph shall be construed to allow the commissioner to suspend or terminate the authorization of a packaged goods retailer to sell malt beverages and wine on the licensed premises as a result of a violation of this Code section by a third party. (2) Any local governing authority of a municipality or county that issues a license to a packaged goods retailer and allows for delivery of malt beverages and wine by a packaged goods retailer, an employee, or a third party may impose penalties upon a packaged goods retailer, employee, or third party, and may fine more than one person for the same violation, provided that such penalties do not exceed the amount of the fine or the number of delivery suspension days provided for in this paragraph. Nothing in this paragraph shall be construed to allow any local governing authority of a municipality or county to suspend or terminate the authorization of a packaged goods retailer to sell malt beverages and wine on the licensed premises as a result of a violation of this Code section. (3) The penalties provided for in this Code section shall be in addition to any criminal penalties that may otherwise be provided by law."

SECTION 4. Said title is further amended by revising subsection (b) of Code Section 3-3-21, relating to sales of alcoholic beverages near churches, school buildings, or other sites, as follows:
"(b) Nothing contained in this Code section shall prohibit the licensing of the sale or distribution of alcoholic beverages by:
(1) Hotels of 50 rooms or more which have been in continuous operation for a period of at least five years preceding July 1, 1981; (2) Bona fide private clubs, owning their own homes, subject to licensing under Chapter 7 of this title; (3) Licensees for the retail sale of alcoholic beverages for consumption on the premises only who shall be subject to regulation as to distances from churches, schools, and college campuses by counties and municipalities; and

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(4) Licensees for retail sale packages of alcoholic beverages for consumption off the premises who shall be subject to regulation as to distances from college campuses by counties and municipalities; provided, however, that such distances may be less restrictive than those provided in this Code section but shall not be more restrictive; and provided, further, that if such licensees are not regulated as to distances from college campuses by a county or municipality, then the distances set forth in this Code section shall govern such licensees. For purposes of this subsection, the term 'college campus' shall include, but shall not be limited to, all buildings and grounds of any public or private technical school, vocational school, college, university, or other institution of postsecondary education."

SECTION 5. Said title is further amended by revising Code Section 3-3-26, relating to allowing or permitting the breaking of packages or drinking of contents thereof on premises, as follows:
"3-3-26. (a) Except as provided in this Code section or Chapter 15 of this title, no retail package liquor store shall knowingly and intentionally allow or permit the breaking of any package or packages containing alcoholic beverages on the premises where sold or allow or permit the drinking of the contents of such package or packages on the premises where sold. (b) Nothing in this title shall be construed to prohibit a representative or salesperson of a manufacturer or wholesaler from opening a package of alcoholic beverages on the premises of a retail package liquor store or other retail dealer for the purpose of providing samples of such alcoholic beverage product to a retail dealer or its employees for consumption on the licensed premises, provided that:
(1) All samples are provided and consumed in the presence of a representative or salesperson of the manufacturer or wholesaler in an office, storage room, or other area of the licensed premises of the retail dealer that is closed to the public; and (2) Such representative or salesperson of the manufacturer or wholesaler removes from the licensed premises any packages he or she brought onto such licensed premises in order to provide samples of alcoholic beverage products. For purposes of this subsection, the term 'sample' means a small amount of any malt beverage, wine, or distilled spirits. (c) The commissioner shall promulgate and enforce such rules and regulations as he or she may deem reasonable and necessary to effectuate the provisions of this Code section."

SECTION 6. Said title is further amended by revising Code Section 3-4-25, relating to holder of retail dealer's license authorized to sell only unbroken packages and prohibition against the breaking of packages or drinking of the contents thereof on the premises, as follows:

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"3-4-25. (a) Except as provided in Code Section 3-3-26 or Chapter 15 of this title, a retail dealer's license shall authorize the holder to sell distilled spirits only in the original and unbroken package or packages, which shall contain not less than 50 milliliters each. (b) Except as provided in Code Section 3-3-26 or Chapter 15 of this title, a retail dealer's license shall not permit the breaking of the package or packages on the premises where sold and shall not permit the drinking of the contents of the package or packages on the premises where sold."

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

"CHAPTER 15

3-15-1. As used in this chapter, the term:
(1) 'Licensed premises' means any premises in which any alcoholic beverages are sold in unbroken packages and shall include any premises which are required by law to be licensed to sell any alcoholic beverages in unbroken packages. (2) 'Licensee' means the holder of a retail package liquor store license. (3) 'Operator' means an owner, licensee, operator, manager, or person in charge of any licensed premises. (4) 'Sample' means a small amount of any malt beverage, wine, or distilled spirits. (5) 'Tasting event' means a scheduled event hosted by a licensee at which free samples may be provided and that may be open to the general public or limited by invitation.

3-15-2. Notwithstanding any other provision of this title, in all counties and municipalities in which the sale of alcoholic beverages is lawful, retail package liquor stores shall be authorized to conduct up to 52 tasting events per calendar year, subject to the following terms and conditions:
(1) A tasting event shall only take place on the licensed premises and only at times at which such alcoholic beverages may be lawfully sold on such licensed premises; (2) Only one tasting event per day may be held on the licensed premises and such tasting event shall not exceed four hours; (3) Only one type of alcoholic beverage may be served at a tasting event, either malt beverages, wine, or distilled spirits; provided, however, that more than one brand of such type of alcoholic beverage may be offered so long as not more than four packages are open at any one time; (4) If the tasting event is for malt beverages, a consumer shall not be served more than eight ounces of malt beverages during such tasting event. If the tasting event is for wine,

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a consumer shall not be served more than five ounces of wine during such tasting event. If the tasting event is for distilled spirits, a consumer shall not be served more than one and one-half ounces of distilled spirits during such tasting event; (5) Only alcoholic beverages that the licensee is licensed to sell on the licensed premises may be offered as part of a tasting event, and such alcoholic beverages shall be part of the licensee's inventory; (6) Only food that is lawful to sell on the licensed premises, under this title or under any rules or regulations of the commissioner, may be served as part of a tasting event. Such food shall be offered at no cost to the consumer; (7) Any operator or employee of the licensee may refuse to provide any brand, type, or quantity of alcoholic beverage to any consumer; (8) The licensee shall notify the governing authority of the county or municipality in which the licensed premises is located prior to holding a tasting event; (9) Any broken package containing alcoholic beverages on the licensed premises that is not licensed for retail sales for consumption on the premises shall be kept locked in a secure room or cabinet by the operator of the licensed premises except when in use during a tasting event; (10) Representatives and salespersons of manufacturers or wholesalers may attend a tasting event; provided, however, that such representatives and salespersons shall not host the tasting event, pour any alcoholic beverage, or provide anything of value to any consumer or to the licensee or an employee of a licensee; and (11) Any other terms, conditions, and limitations as may be required or imposed by the governing authority of the county or municipality in which the licensed premises is located.

3-15-3. The commissioner shall promulgate and enforce such rules and regulations as he or she may deem reasonable and necessary to effectuate the provisions of this chapter.

3-15-4. Upon a violation by a retail dealer of any provision of this chapter or any rule or regulation promulgated thereunder, the commissioner shall have the power to place conditions or limitations on such retail dealer's license and to modify or amend such conditions or limitations."

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

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

Approved August 3, 2020.

__________

REVENUE AND TAXATION GEORGIA ENTERTAINMENT INDUSTRY INVESTMENT ACT; REVISIONS.

No. 559 (House Bill No. 1037).

AN ACT

To amend Code Section 48-7-40.26 of the Official Code of Georgia Annotated, relating to the "Georgia Entertainment Industry Investment Act," so as to move certain sound recordings from qualified production activities to production expenditures; to reinforce the disallowance of the additional 10 percent credit allowed for including a qualifying Georgia promotion for certain productions and hold the issuance of such credit until public distribution of the project; to limit the recapture of certain tax credits; to change the timing when a tax credit can be claimed and its carry forward period; to require expenditures with vendors to include W-9 forms; to provide for applications for certificates of final certification; to require an audit prior to issuance of a final certification by the Department of Revenue; to phase in such requirement; to provide for certification of accountants as eligible auditors for conducting such audits; to provide for recouping of certain audit costs and prescribe actions to be taken by the Department of Revenue; to provide for definitions; to provide for rules and regulations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-7-40.26 of the Official Code of Georgia Annotated, relating to the "Georgia Entertainment Industry Investment Act," is amended by revising paragraphs (8) and (11) of subsection (b), by revising paragraph (2) of and adding a new paragraph to subsection (c), by revising paragraphs (4) and (5) of subsection (g), subsection (h), and subsection (k), and by adding new subsections as follows:
"(8) 'Production expenditures' means: (A) Preproduction, production, and postproduction expenditures incurred in this state that are directly used in a qualified production activity, including, but not limited to, the following: set construction and operation; wardrobes, make-up, accessories, and related

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services; costs associated with photography and sound synchronization; expenditures excluding license fees incurred with Georgia companies for sound recordings and musical compositions; sound recording projects used in feature films, series, pilots, or movies; lighting and related services and materials; editing and related services; rental of facilities and equipment; leasing of vehicles; costs of food and lodging; digital or tape editing; film processing; transfers of film to tape or digital format; sound mixing; computer graphics services; special effects services; animation services; total aggregate payroll; airfare, if purchased through a Georgia travel agency or travel company; insurance costs and bonding, if purchased through a Georgia insurance agency; and other direct costs of producing the project in accordance with generally accepted entertainment industry practices. (B) This term shall not include:
(i) Postproduction expenditures for footage shot outside the State of Georgia, marketing, story rights, or distribution; (ii) Any expenditure for work or services not conducted or rendered in Georgia. Expenditures for services not performed at the filming site shall only qualify if the vendor is a Georgia vendor. Expenditures for services conducted or rendered both in Georgia and outside Georgia shall only qualify to the extent the service is conducted or rendered in Georgia; (iii) Expenditures for goods that were not purchased or rented or leased in this state from a Georgia vendor. Expenditures for goods shall only qualify to the extent such goods are used in this state. A vendor that acts as a conduit to enable purchases or rentals to qualify that would not otherwise qualify shall not be considered a Georgia vendor with respect to such purchases, rentals, or leases; or (iv) Any transaction subject to taxation imposed by Chapter 8 or 13 of this title for which taxes have not been demonstrably paid. (C) This term includes payments to a loan-out company by a production company or qualified interactive entertainment production company that has met its withholding tax obligations as set out below. The production company or qualified interactive entertainment production company shall withhold Georgia income tax at the rate imposed by subsection (a) of Code Section 48-7-21 on all payments to loan-out companies for services performed in Georgia. Any amounts so withheld shall be deemed to have been withheld by the loan-out company on wages paid to its employees for services performed in Georgia pursuant to Article 5 of this chapter notwithstanding the exclusion provided in subparagraph (K) of paragraph (10) of Code Section 48-7-100. The amounts so withheld shall be allocated to the loan-out company's employees based on the payments made to the loan-out company's employees for services performed in Georgia. For purposes of this chapter, loan-out company nonresident employees performing services in Georgia shall be considered taxable nonresidents and the loan-out company shall be subject to income taxation in the taxable year in which the loan-out company's employees perform services in

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Georgia, notwithstanding any other provisions in this chapter. Such withholding liability shall be subject to penalties and interest in the same manner as the employee withholding taxes imposed by Article 5 of this chapter and the commissioner shall provide by regulation the manner in which such liability shall be assessed and collected. (D) Production expenditures by a production company shall be subject to any limitations or reductions imposed by subsection (l) of this Code section." "(11) 'Qualified production activities' means the production of new film, video, or digital projects produced in this state and approved by the Department of Economic Development as state certified productions, including only the following: feature films, series, pilots, movies for television, televised commercial advertisements, music videos, interactive entertainment, or prereleased interactive games. Such activities shall include projects recorded in this state, in whole or in part, in either short or long form, animation and music, fixed on a delivery system which includes without limitation film, videotape, computer disc, laser disc, and any element of the digital domain, from which the program is viewed or reproduced, and which is intended for multimarket commercial distribution via theaters, video on demand, direct to DVD, digital platforms designed for the distribution of interactive games, licensing for exhibition by individual television stations, groups of stations, networks, advertiser supported sites, cable television stations, or public broadcasting stations. Such term shall not include the coverage of news or athletic events, local interest programming, instructional videos, corporate videos, any project that is not intended for multimarket commercial distribution, or any project not shot, recorded, or originally created in Georgia." "(2)(A) The production company or qualified interactive entertainment production company shall be allowed an additional tax credit equal to 10 percent of such base investment if the qualified production activity includes a qualified Georgia promotion. Such additional tax credit shall be allowed for any qualified production that includes a qualified Georgia promotion upon its release to the general public. In lieu of the inclusion of the Georgia promotional logo, the production company or qualified interactive entertainment production company may offer alternative marketing opportunities to be evaluated by the Department of Economic Development to ensure that they offer equal or greater promotional value to the State of Georgia. The Department of Economic Development shall electronically certify to the Department of Revenue when the requirements of this paragraph and paragraph (2) of subsection (d) of this Code section have been met. (B) The Department of Economic Development shall prepare an annual report detailing the marketing opportunities it has approved under the provisions of subparagraph (A) of this paragraph. The report shall include, but not be limited to:
(i) The goals and strategy behind each marketing opportunity approved pursuant to the provisions of subparagraph (A) of this paragraph; (ii) The names of all production companies approved by the Department of Economic Development to provide alternative marketing opportunities;

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(iii) The estimated value to the state of each approved alternative marketing opportunity compared to the estimated value of the Georgia promotional logo; and (iv) The names of all production companies who chose to include the Georgia promotional logo in their final production instead of offering the state an alternative marketing proposal. The report required under this paragraph shall be completed no later than January 1 of each year and presented to each member of the House Committee on Ways and Means, the Senate Finance Committee, the Senate Economic Development and Tourism Committee, the House Committee on Economic Development and Tourism, and the Governor. (C) The additional percentage of tax credit allowed by this paragraph and by paragraph (2) of subsection (d) of this Code section shall not be allowed to a production company for any qualified production activity or state certified production that has not been commercially distributed in multiple markets. (D) The additional percentage of tax credit that is allowed by this paragraph and by paragraph (2) of subsection (d) of this Code section shall not be issued final certification pursuant to subsection (l) of this Code section unless and until the state certified production has been commercially distributed in multiple markets within five years of the date that the project was first certified by the Department of Economic Development. (3) The base investment and the amount of the credit allowed by this subsection and by subsection (d) of this Code section with respect to a production company shall be subject to the limitations of and any reductions required by subsection (l) of this Code section." "(4) The transfer or sale of this tax credit does not extend the time in which such tax credit can be used. The carry-forward period for a tax credit that is transferred or sold shall begin on the date on which the tax credit was originally earned or for a tax credit subject to the provisions of subsection (l) of this Code section, the date on which the final certification for such tax credit was issued pursuant to said subsection; (5) A transferee shall have only such rights to claim and use the tax credit that were available to such production company or qualified interactive entertainment production company at the time of the transfer, except for the use of the credit in paragraph (1) of subsection (f) of this Code section. To the extent that such production company or qualified interactive entertainment production company did not have rights to claim or use the tax credit at the time of the transfer, the Department of Revenue shall either disallow the tax credit claimed by the transferee or recapture the tax credit from the transferee; provided, however, that the Department of Revenue shall not recapture a tax credit from the transferee if the tax credit was issued a valid final certification pursuant to subsection (l) of this Code section. The transferee's recourse is against such production company or qualified interactive entertainment production company; and"

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"(h) The credit granted under this Code section shall be subject to the following conditions and limitations; provided, however, that this subsection shall not apply to a production company subject to the requirements of subsection (h.1) or (l) of this Code section:
(1) The credit may be taken beginning with the taxable year in which the production company or qualified interactive entertainment production company has met the investment requirement. For each year in which such production company or qualified interactive entertainment production company either claims or transfers the credit, the production company or qualified interactive entertainment production company shall attach a schedule to the production company's or qualified interactive entertainment production company's Georgia income tax return which will set forth the following information, as a minimum:
(A) A description of the qualified production activities, along with the certification from the Department of Economic Development; (B) A detailed listing of the employee names, social security numbers, and Georgia wages when salaries are included in the base investment; (C) The amount of tax credit claimed for the taxable year; (D) Any tax credit previously taken by the production company or qualified interactive entertainment production company against Georgia income tax liabilities or the production company's or qualified interactive entertainment production company's quarterly or monthly payments under Code Section 48-7-103; (E) The amount of tax credit carried over from prior years; (F) The amount of tax credit utilized by the production company or qualified interactive entertainment production company in the current taxable year; and (G) The amount of tax credit to be carried over to subsequent tax years; (2) In the initial year in which the production company or qualified interactive entertainment production company claims the credit granted in this Code section, the production company or qualified interactive entertainment production company shall include in the description of the qualified production activities required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the activities included in the base investment or excess base investment equal or exceed $500,000.00 during such year, or $250,000.00 on or after January 1, 2018, for qualified interactive entertainment production companies; and (3) In no event shall the amount of the tax credit under this Code section for a taxable year exceed the production company's or qualified interactive entertainment production company's income tax liability. Any unused credit amount shall be allowed to be carried forward for five years from the close of the taxable year in which the investment occurred. No such credit shall be allowed the production company or qualified interactive entertainment production company against prior years' tax liability. (h.1)(1) For any projects certified by the Department of Economic Development on or after January 1, 2021, the tax credit provided for in this Code section if covered under the schedule provided in paragraph (1) of subsection (l) of this Code section shall not be

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allowed, claimed, assigned, sold, transferred, or utilized in any manner by a production company until final certification is issued pursuant to subsection (l) of this Code section and except under the following conditions and limitations of this subsection. (2) A production company seeking the tax credit allowed by this Code section shall apply for the tax credit in the manner provided by the Department of Revenue within one year from the date that it completes a state certified production. The following information shall be submitted with the application or prior to the commencement of an audit required by subsection (l) of this Code section:
(A) A description of the state certified production, along with its certification as a state certified production by the Department of Economic Development; (B) A detailed accounting of all qualified production activities and the attendant production expenditures included in the base investment for the state certified production; (C) A detailed listing of the employee names, social security numbers, and Georgia wages when salaries are included in the base investment; (D) Receipts for tangible personal property included in the base investment as requested by the Department of Revenue or the eligible auditor hired to conduct the audit for the state certified production; (E) Contracts for goods or services included in the base investment as requested by the Department of Revenue or the eligible auditor hired to conduct the audit for the state certified production; (F) An Internal Revenue Service Form W-9 completed and issued by each vendor for which expenditures are included in the base investment as requested by the Department of Revenue or the eligible auditor hired to conduct the audit for the state certified production; (G) Notification as provided for in paragraph (7) of subsection (l) of this Code section of any intent to utilize an eligible auditor; (H) A description of the status of the distribution of the state certified production and information related to any qualified Georgia promotion connected with such production; (I) The total amount of the tax credit sought for the state certified production; and (J) A statement affirming that the contents of the application are true and correct. (3) If a production company is issued final certification of a tax credit pursuant to subsection (l) of this Code section, such tax credit shall be considered earned in the taxable year in which it is issued final certification. (4) For each year in which the production company either claims or transfers the tax credit, the production company shall attach a schedule to the production company's Georgia income tax return which will set forth the following information, as a minimum: (A) The amount of tax credit claimed for the taxable year;

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(B) Any tax credit previously taken by the production company against Georgia income tax liabilities or the production company's quarterly or monthly payments under Code Section 48-7-103; (C) The amount of tax credit carried over from prior years; (D) The amount of tax credit utilized by the production company in the current taxable year; and (E) The amount of tax credit to be carried over to subsequent tax years. (5) In no event shall the amount of the tax credit subject to subsection (l) of this Code section for a taxable year exceed the production company's income tax liability. Any unused credit amount shall be allowed to be carried forward for three years from the close of the taxable year in which the tax credit was issued its final certification pursuant to subsection (l) of this Code section. No such credit shall be allowed the production company against prior years' tax liability. (6) This subsection shall not apply to qualified interactive entertainment production companies." "(k) Any production company, except as provided in subsection (l) of this Code section, or qualified interactive entertainment production company claiming, transferring, or selling the tax credit shall be required to reimburse the Department of Revenue for any department initiated audits relating to the tax credit. This subsection shall not apply to routine tax audits of a taxpayer which may include the review of the credit provided in this Code section. (l)(1)(A) For any project certified by the Department of Economic Development on or after January 1, 2021, a tax credit allowed by this Code section to a production company shall not be claimed, assigned, sold, transferred, or utilized in any manner until the production company applies for the tax credit as provided in subsection (h.1) of this Code section and the department issues a final certification of the tax credit pursuant to this subsection if the total amount of such tax credit sought for the project exceeds $2.5 million. (B) For any project certified by the Department of Economic Development on or after January 1, 2022, a tax credit allowed by this Code section to a production company shall not be claimed, assigned, sold, transferred, or utilized in any manner until the production company applies for the tax credit as provided in subsection (h.1) of this Code section and the department issues a final certification of the tax credit pursuant to this subsection if the total amount of such tax credit sought for the project exceeds $1.25 million. (C) For any project certified by the Department of Economic Development on or after January 1, 2023, a tax credit allowed by this Code section to a production company shall not be claimed, assigned, sold, transferred, or utilized in any manner until the production company applies for the tax credit as provided in subsection (h.1) of this Code section and the department issues a final certification of the tax credit pursuant to this subsection.

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(2) In accordance with the schedule provided in paragraph (1) of this subsection, prior to certifying a tax credit pursuant to this Code section, the Department of Revenue shall conduct or cause to be conducted an audit of each tax credit allowed by this Code section by either the department or an independent third party certified by the department in accordance with paragraph (3) of this subsection as an eligible auditor.
(3)(A) The Department of Revenue shall provide for the certification and decertification of certified public accountants as eligible auditors. (B) To obtain certification as an eligible auditor, an accountant shall:
(i) Register with the department; (ii) Maintain its registration with the Georgia State Board of Accountancy; (iii) Agree to and be capable of completing audits related to this Code section in accordance with this Code section and procedures developed by the department; (iv) Successfully complete all training required by the department; (v) Pay to the department a registration fee that the department shall set in an amount that reflects the expenses incurred by the department as a result of this paragraph; and (vi) Post and maintain any bond that the department establishes for each eligible auditor. (C) The Department of Revenue shall decertify an eligible auditor if such auditor: (i) Fails to meet the conditions or comply with the provisions of subparagraph (B) of this paragraph; or (ii) Completes an audit and violates the requirements of subparagraph (E) of paragraph (4) of this subsection. (D) The Department of Revenue may decertify an eligible auditor if such auditor fails to complete an audit in accordance with subparagraph (A), (B), (C), (D), (F), or (G) of paragraph (4) of this subsection or meets any other grounds for decertification as provided in regulations promulgated by the department. (4) Each audit shall: (A) Be completed in accordance with this Code section and procedures developed by the department; (B) Utilize sampling methods that the department may adopt; (C) Follow regulations that shall be published by the department regarding expenditures incurred with related persons or related members as such terms are defined in Code Section 48-7-28.3; (D) Verify each reported expenditure that is included in the audit and identify and exclude each such expenditure that does not fully meet the conditions of this Code section; (E) Exclude any expenditure not submitted with or that was incurred after the application required by subsection (h.1) of this Code section was submitted; (F) Not be performed by an eligible accounting entity that is not determined to be independent as provided in the American Institute of Certified Public Accountants Code of Professional Conduct with respect to the production company or any of its related

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persons or related members as such terms are defined in Code Section 48-7-28.3 or as otherwise provided by the Department of Revenue; and (G) Be submitted to the department which shall review the audit, make adjustments as necessary, and issue a final certification to the production company. (5) The Department of Revenue shall: (A) Promulgate rules and regulations and implement this subsection; (B) Publish and regularly update a list of all eligible auditors that a production company may hire to conduct the audit required by this subsection; (C) Publish on its website the application for certification of eligible auditors as well as all requirements related to certification and conducting an audit pursuant to this subsection; (D) Publish the registration fee required by division (3)(B)(v) of this subsection and any bond required pursuant to division (3)(B)(vi) of this subsection; (E) Determine whether a sampling method shall be used for the audits required by this subsection, the appropriate sample method and size, and if a sampling method is used, ensure that it accurately captures a truly representative sample of all ineligible expenditures across all submitted expenditures and projects the type, rate, and amount of ineligible expenditures across all submitted expenditures; (F) Perform the audit of expenditures when, due to confidentiality of information, the eligible auditor is unable to access necessary information that the department is able access; (G) Review each audit conducted by an eligible auditor, conduct the portions of the audit described in subparagraph (F) of this paragraph, perform additional auditing as necessary, adjust the value of the tax credit as necessary, finalize the audit, and issue the final certification of the tax credit to the taxpayer; and (H) For an audit that it conducts without an eligible auditor, complete the audit, adjust the value of the tax credit as necessary, and issue the final certification of the tax credit to the taxpayer. (6) The production company applying for a final certification of a tax credit pursuant to this subsection shall agree and be required to reimburse the department for all costs incurred by the performance of a related audit, or any portion thereof, including for review of an audit conducted by an eligible auditor, prior to the issuance of such final certification. (7) The cost of any such audit whether conducted in whole or in part by the department, an eligible auditor, or a combination of the two shall be borne by the production company and shall not be included as an expenditure claimed pursuant to this Code section. (8) This subsection shall not apply to qualified interactive entertainment production companies."

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SECTION 2. This Act shall become effective on January 1, 2021.

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

Approved August 4, 2020.

__________

MOTOR VEHICLES AND TRAFFIC PRESTIGE AND SPECIAL LICENSE PLATES.

No. 560 (Senate Bill No. 336).

AN ACT

To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to expand eligibility for certain members of the military to receive special license plates; to add a military honor to the military service award eligible for special and distinctive license plates for veterans; to provide for a special and distinctive license plate for United States Army Rangers; to provide for the issuance of certain special license plates for motorcycles; to establish a specialty license plate for members of the Georgia Tennis Foundation; to establish a specialty license plate honoring the Georgia Council on Substance Abuse, Inc., and the Georgia Mental Health Consumer Network, Inc.; 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. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by revising Code Section 40-2-85.1, relating to special and distinctive license plates for certain veterans, by revising paragraph (1) of subsection (a) as follows:
"(1) 'Military medal award' means the following medals, decorations, or other recognition of honor for military service awarded by a branch of the United States military:
(A) Medal of Honor; (B) Bronze Star Medal; (C) Silver Star Medal;

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(D) Distinguished Service Cross; (E) Navy Cross; (F) Air Force Cross; (G) Defense Distinguished Service Medal; (H) Homeland Security Distinguished Service Medal; (I) Distinguished Service Medal; (J) Navy Distinguished Service Medal; (K) Air Force Distinguished Service Medal; (L) Coast Guard Distinguished Service Medal; (M) Defense Superior Service Medal; (N) Legion of Merit; (O) Distinguished Flying Cross; (P) Purple Heart; (Q) Air Medal; (R) Soldier's Medal; and (S) Meritorious Service Medal."

SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"40-2-85.4. (a) Motor vehicle and trailer owners who are designated to United States Army Ranger units, past or present, or are graduates of the United States Army Ranger School shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, motorcycles, or recreational vehicles used for personal transportation. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. (b) A person who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. The commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to qualifying applicants. There shall be no minimum required number of applicants for such distinctive license plate. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The additional manufacturing fee for such special and distinctive license plates shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. (c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation, except that

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the commissioner shall include a special design to identify the owner as a United States Army Ranger. (d) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80."

SECTION 3. Said article is further amended in Code Section 40-2-86 of the Official Code of Georgia Annotated, relating to special license plates promoting and supporting certain worthy agencies, funds, or nonprofit corporations with proceeds disbursed to the general fund and the agency, fund, or nonprofit corporation, is amended by revising subsection (b) and adding two new paragraphs to subsection (l) to read as follows:
"(b) The agency, fund, or nonprofit corporation sponsoring the special license plate, in cooperation with the commissioner, shall design special distinctive license plates appropriate to promote the program benefited by the sale of the special license plate. The special license plates shall include a design to be of the same size as general issue motor vehicle license plates and a design to be of the same size as motorcycle license plates. Such special license plates shall also include a unique design and identifying number, whereby the total number of characters does not exceed an amount to be determined by the commissioner. If so specified in the design description contained in this Code section for any special license plate, such license plate need not contain a place for the county name decal as required by Code Section 40-2-9. No two recipients shall receive identically numbered plates. The agency, fund, or nonprofit corporation sponsoring the license plate may request the assignment of the first of 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested."
"(64) A special license plate honoring the Georgia Tennis Foundation, with the words 'Play Tennis!' to be displayed across the bottom. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Tennis Foundation. (65) A special license plate honoring the Georgia Council on Substance Abuse, Inc., and the Georgia Mental Health Consumer Network, Inc. The funds raised by the sale of this special license plate shall be disbursed equally to the Georgia Council on Substance Abuse, Inc., and the Georgia Mental Health Consumer Network, Inc. Such license plate shall not include a space for a county name decal but shall instead bear the legend 'Georgia Recovers' in lieu of the name of the county of issuance."

SECTION 4. Said article is further amended in Code Section 40-2-86.1, relating to special license plates promoting or supporting certain worthy agencies, funds, or nonprofit corporations and qualified motor vehicles or drivers with proceeds deposited into the general fund, by revising subsection (b) as follows:
"(b) The commissioner, in cooperation with the agency, fund, or nonprofit corporation sponsoring the special license plate, shall design special distinctive license plates intended

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to promote the program benefited by the sale of the special license plate. The special license plates shall include a design to be of the same size as general issue motor vehicle license plates and a design to be of the same size as motorcycle license plates. Such special license plates shall also include a unique design and identifying number, whereby the total number of characters does not exceed an amount to be determined by the commissioner. If so specified in the design description contained in this Code section for any special license plate, such license plate need not contain a place for the county name decal as required by Code Section 40-2-9. No two recipients shall receive identically numbered plates. The agency, fund, or nonprofit corporation sponsoring the license plate may request the assignment of the first of 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested."

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

SECTION 6. 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 7. All laws and parts of laws in conflict with this Act are repealed.

Approved August 4, 2020.

__________

PROFESSIONS AND BUSINESSES REGISTRATION OF PROFESSIONAL STRUCTURAL ENGINEERS.

No. 561 (Senate Bill No. 310).

AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the profession of professional structural engineer; to provide for definitions; to provide for continuing education requirements; to provide for unlawful practices; to provide for the issuance of certificates of registration for such professionals; to provide for a cross-reference; to provide for registration by comity; to provide for certificates

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of registration; to provide for use of a seal; 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. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in Code Section 43-15-2, relating to definitions, by adding two new paragraphs to read as follows:
"(12) 'Professional structural engineer' means a professional engineer with specialized knowledge and expertise in the practice of structural engineering. Such person shall be qualified by reason of knowledge of mathematics, physical sciences, and principles by which mechanical properties of matter are made useful to man in structures, acquired through professional education and practical experience, to engage in the practice of structural engineering. Such persons shall further possess a current certificate of registration as a professional structural engineer issued by the board. (13) 'Structural engineering' means the practice of a specialized branch of professional engineering involving the design or analysis of designated structures as defined by the board, and shall include any professional service, such as consultation, investigation, evaluation, planning, designing, analyzing, or responsible supervision of construction or operation, in connection with any public or private designated structures, wherein the public welfare or the safeguarding of life, health, or property is concerned or involved, when such professional service requires the application of structural engineering principles and data and training in the application of mathematical and physical sciences. A person shall be construed to practice or offer to practice structural 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 structural engineer or as able or qualified to perform structural engineering services or who does perform any of the services set out in this paragraph."

SECTION 2. Said title is further amended in Code Section 43-15-6, relating to general powers of the board, injunctions, and continuing education, by revising subsection (b) as follows:
"(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 professional structural 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 professional structural 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

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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 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."

SECTION 3. Said title is further amended in Code Section 43-15-7, relating to unlawful practice as a professional engineer or land surveyor, by adding a new subsection to read as follows:
"(c) It shall be unlawful for any person other than a professional structural engineer to practice or to offer to practice structural engineering in this state."

SECTION 4. Said title is further amended adding a new Code section to read as follows:
"43-15-9.1. To be eligible for a certificate of registration as a professional structural 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 structural engineering work of a character satisfactory to the board which indicates the applicant is competent to practice structural engineering; and (C) Subsequently pass a written examination in the principles and practice of structural engineering in the areas of which shall be determined by the board (structural engineering examination); (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 structural engineering work of a character satisfactory to the board which indicates the applicant is competent to practice structural engineering; and (C) Subsequently pass a written examination in the principles and practice of structural engineering in the areas of which shall be determined by the board (structural engineering examination); or

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(3) Any applicant seeking a certificate of registration as a professional structural engineer prior to January 1, 2021, who already holds a valid certificate of registration as a professional engineer from the board, has a record of practice which is primarily in the practice of structural engineering, and is currently engaged in the practice of structural engineering may submit a signed affidavit on a form prescribed by the board stating as much. Based upon such affidavit and any other means the board may deem necessary to determine verification of practice in the area of structural engineering by an applicant, the board shall grant a certificate of registration as a professional structural engineer. On or after January 1, 2021, no certificate of registration as a professional structural engineer shall be issued unless the requirements of paragraph (1) or (2) of this Code section and Code Section 43-15-16 have been satisfied."

SECTION 5. Said title is further amended in Code Section 43-15-10, relating to evaluation of engineering experience, by revising the introductory language of subsection (a) as follows:
"(a) For the purpose of determining whether an applicant has acquired the experience required under Code Section 43-15-8, 43-15-9, or 43-15-9.1:"

SECTION 6. Said title is further amended in Code Section 43-15-16, relating to registration and licensure by comity, by revising subsection (a) as follows:
"(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 or professional structural 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 Examiners for Engineering and Surveying or of any state or territory or possession of the United States if the requirements of the registration of professional engineers or professional structural 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 than, the Georgia requirements, provided that the written examination and the amount of experience required for registration are substantially equivalent to the Georgia requirements."

SECTION 7. Said title is further amended by revising Code Section 43-15-18, relating to effect of certificate of registration or license, as follows:

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"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. In the case of a registered professional structural engineer, the certificate of registration shall authorize the practice of structural engineering. 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 chairperson 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."

SECTION 8. Said title is further amended in Code Section 43-15-22, relating to registrant required to obtain seal, inscription, purpose, and fraudulent use of seal, by revising subsection (a) as follows:
"(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,' 'Registered Professional Structural Engineer,' or ' Professional Land Surveyor,' in accordance with the certificate of registration or license."

SECTION 9. Said title is further amended by revising Code Section 43-15-24, relating to construction of structures jeopardizing health, safety, or welfare, exceptions, and recording of building permits, as follows:
"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 or structural engineering 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 or professional structural engineer. (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

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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 or professional structural engineer, 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."

SECTION 10. Said title is further amended in Code Section 43-15-29, relating to exceptions to operation of chapter, by revising subsections (b) through (d) as follows:
"(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, structural 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, structural 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, structural 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 (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

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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, structural 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, structural 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, professional structural engineer, or professional land surveyor engaged in the practice of professional engineering, structural 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."

SECTION 11. Said title is further amended in Code Section 43-15-30, relating to unlawful acts, by revising subsection (e) as follows:
"(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,' 'Engineered,' 'Professional Structural Engineer,' 'Professional Structural Engineers,' 'Structural Engineer,' 'Structural Engineers,' 'Structural Engineering,' or 'Structurally Engineered' shall be guilty of a misdemeanor unless said person has complied with the provisions of this chapter."

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

Approved August 4, 2020.

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CONSERVATION AND NATURAL RESOURCES PROHIBIT BURNING OF CERTAIN CHEMICALLY TREATED WOOD PRODUCTS FOR COMMERCIAL ENERGY PRODUCTION.

No. 562 (House Bill No. 857).

AN ACT

To amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to prevention and control of air pollution, so as to prohibit the burning of certain chemically treated wood products for purposes of commercial energy generation; 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 12 of the Official Code of Georgia Annotated, relating to prevention and control of air pollution, is amended in subsection (c) of Code Section 12-9-7, relating to permit required, application, issuance, revocation, suspension, or amendment, by adding a new paragraph to read as follows:
"(3.1) Permits issued for biomass boilers shall prohibit the use of railroad ties treated with creosote compounds or treated with naphthenate compounds for purposes of commercial electricity generation, unless the boiler also provides steam or electricity to any co-located forest products processing plant."

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 August 4, 2020.

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PROFESSIONS AND BUSINESSES ADVANCED PRACTICE REGISTERED NURSE; RADIOGRAPHIC IMAGING IN CERTAIN SITUATIONS; PHYSICIAN ASSISTANTS; DELEGATION OF AUTHORITY BY PHYSICIAN.

No. 563 (Senate Bill No. 321).

AN ACT

To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, assistants, and others, so as to authorize the delegation by a physician to an advanced practice registered nurse to order radiographic imaging tests in non-life-threatening situations; to revise definitions; to revise provisions relating to delegation of authority to physician assistants; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, assistants, and others, is amended in Code Section 43-34-25, relating to delegation of certain medical acts to advanced practice registered nurse, by revising paragraphs (9), (10), and (11) of subsection (a) and by revising subsection (b), as follows:
"(9) Reserved. (10) 'Nurse protocol agreement' means a written document mutually agreed upon and signed by an advanced practice registered nurse and a physician, by which document the physician delegates to that advanced practice registered nurse the authority to perform certain medical acts pursuant to this Code section, and which acts may include, without being limited to, the ordering of drugs, medical devices, medical treatments, diagnostic studies, or radiographic imaging tests. Such agreements shall conform to the provisions set forth in subsection (c) of this Code section. (11) 'Order' means to prescribe pursuant to a nurse protocol agreement which drug, medical device, medical treatment, diagnostic study, or radiographic imaging test is appropriate for a patient and to communicate the same in writing, orally, via facsimile, or electronically." "(b) In addition to and without limiting the authority granted pursuant to Code Section 43-34-23, a physician may delegate to an advanced practice registered nurse in accordance with a nurse protocol agreement the authority to order drugs, medical devices, medical treatments, diagnostic studies, or radiographic imaging tests."

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SECTION 2. Said chapter is further amended in Code Section 43-34-103, relating to delegation of authority to physician assistants, by revising subsections (b), (d), and (e.1) as follows:
"(b)(1) No primary supervising physician shall enter into a job description with or supervise more than four physician assistants at a time except as provided in paragraphs (3) or (4) of this subsection. (2) 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 with which such primary supervising physician has entered into a job description. 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 paragraphs (1) and (3) of this subsection. (3) 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 or supervise more than four physician assistants who have completed a board approved anesthesiologist assistant program at any one time. (4) Except for physician assistants who have completed a board approved anesthesiologist assistant program, the limitation in paragraph (1) of this subsection shall not apply to a physician assistant who is practicing:
(A) In a hospital licensed under Title 31; (B) In any college or university as defined in Code Section 20-8-1; (C) In the Department of Public Health; (D) In any county board of health; (E) In any community service board; (F) In any free health clinic; (G) In a birthing center; (H) In any entity:
(i) Which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, and primarily serves uninsured or indigent Medicaid and Medicare patients; or (ii) Which has been established under the authority of or is receiving funds pursuant to 42 U.S.C. Section 254b or 254c of the United States Public Health Service Act; or (I) In a health maintenance organization that has an exclusive contract with a medical group practice and arranges for the provision of substantially all physician services to enrollees in health benefits of the health maintenance organization." "(d) Nothing in this article shall prohibit the rendering of services to a patient by a physician assistant who is not in the physical presence of the supervising physician or preclude a physician assistant from making house calls, performing hospital duties, serving

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as an ambulance attendant, or performing any functions authorized by the supervising physician which the physician assistant is qualified to perform."
"(e.1)(1) In addition to and without limiting the authority granted by Code Section 43-34-23, a physician may delegate to a physician assistant, in accordance with a job description, the authority to issue a prescription drug order or orders for any device as defined in Code Section 26-4-5 or to issue any dangerous drug as defined in Code Section 16-13-71 or any Schedule III, IV, or V controlled substance as defined in Code Section 16-13-21 on a prescription drug order or prescription device order form as specified in paragraph (3) of this subsection. Delegation of such authority shall be contained in the job description required by this Code section. The delegating physician shall remain responsible for the medical acts of the physician assistant performing such delegated acts and shall adequately supervise the physician assistant. If an existing job description for a physician assistant does not contain such authority to order a prescription drug or device order as provided by this subsection, that physician assistant may not issue any such prescription drug or device order until a new job description delegating such authority is submitted to and approved by the board. Nothing in this Code section shall be construed to authorize the written prescription drug order of a Schedule I or II controlled substance. (2) Nothing in this subsection shall be construed to create a presumption of liability, either civil or criminal, on the part of a pharmacist who is duly licensed under Title 26 and who in good faith fills a prescription drug or device order presented by a patient pursuant to this subsection. The pharmacist shall presume that the prescription drug or device order was issued by a physician assistant duly licensed under this article who has qualified under this Code section to prescribe pharmaceutical agents. The pharmacist shall also presume that the pharmaceutical agent prescribed by the physician assistant is an approved pharmaceutical agent, unless the pharmacist has actual or constructive knowledge to the contrary. (3) The physician assistant shall only be authorized to exercise the rights granted under this subsection using a prescription drug or device order form which includes the name, address, and telephone number of the prescribing supervising or alternate supervising physician, the patient's name and address, the drug or device prescribed, the number of refills, and directions to the patient with regard to the taking and dosage of the drug. A prescription drug order which is transmitted either electronically or via facsimile shall conform to the requirements set out in paragraphs (1) and (2) of subsection (c) of Code Section 26-4-80, respectively. Any form containing less information than that described in this paragraph shall not be offered to or accepted by any pharmacist who is duly licensed under Title 26. (4) Nothing in this Code section shall be construed to authorize a physician assistant to authorize refills of any drug for more than 12 months from the date of the original prescription drug or device order.

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(5) A supervising physician or alternate supervising physician shall evaluate or examine, at least every three months, any patient receiving controlled substances. (6) In addition to the copy of the prescription drug or device order delivered to the patient, a record of such prescription shall be maintained in the patient's medical record in the following manner:
(A) The physician assistant carrying out a prescription drug or device order shall document such order either in writing or by electronic means; and (B) The supervising physician shall periodically review patient records. Such review may be achieved with a sampling of such records as determined by the supervising physician. (7) A physician assistant is not permitted to prescribe drugs or devices except as authorized in the physician assistant's job description and in accordance with this article. (8) The board shall adopt rules establishing procedures to evaluate an application for a job description containing the authority to order a prescription drug or device and any other rules the board deems necessary or appropriate to regulate the practice of physician assistants, to carry out the intent and purpose of this article, or to protect the public welfare. (9) A physician assistant authorized by a primary supervising physician to order controlled substances pursuant to this Code section is authorized to register with the federal Drug Enforcement Administration. (10) A physician assistant delegated the authority by the primary supervising physician to issue a prescription drug or device order shall be required to complete a minimum of three hours of continuing education biennially in practice specific pharmaceuticals in which the physician assistant has prescriptive order privileges. (11) A managed care system, health plan, hospital, insurance company, or other similar entity shall not require a physician to be a party to a job description as a condition for participation in or reimbursement from such entity."

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

Approved August 4, 2020.

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FOOD, DRUGS, AND COSMETICS PHARMACIES AND PRACTICE OF PHARMACY; EXTENSIVE REVISIONS.

No. 564 (House Bill No. 918).

AN ACT

To amend Article 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, so as to revise various provisions relating to the practice of pharmacy; to repeal provisions relating to required licensure as a pharmacy by pharmacy benefits managers engaging in the practice of pharmacy; to revise provisions relating to "The Pharmacy Audit Bill of Rights"; to revise pharmacy anti-steering provisions; to revise various provisions of the Official Code of Georgia Annotated so as 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 6 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacies, is amended by repealing Code Section 26-4-110.1, relating to definitions, license required, and condition for licensing pharmacy benefits managers as pharmacies.

SECTION 2. Said article is further amended by revising Code Section 26-4-118, relating to the Pharmacy Audit Bill of Rights, as follows:
"26-4-118. (a) This Code section shall be known and may be cited as 'The Pharmacy Audit Bill of Rights.' (b) Notwithstanding any other law, when an audit of the records of a pharmacy is conducted by a managed care company, insurance company, third-party payor, pharmacy benefits manager, any entity licensed by the Department of Insurance, or any entity that represents such companies, groups, or department, it shall be conducted in accordance with the following bill of rights:
(1) The entity conducting the audit must give the pharmacy notice at least 14 days prior to conducting the audit for each audit cycle and include in such notice a comprehensive list of claims by prescription number to be audited, although the final two digits may be omitted, and the cost of such claims shall not be used as a criterion in determining which claims to audit. The audit shall not include more than 100 prescriptions per audit and an entity shall not audit more than 200 prescriptions in any 12 month period, provided that a refill shall not constitute a separate prescription;

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(2) Any audit which involves clinical or professional judgment must be conducted by or in consultation with a pharmacist; (3) Any clerical or record-keeping error, including but not limited to a typographical error, scrivener's error, computer error, or omission error, regarding a prescription, front or back label, or other document or record shall not in and of itself constitute fraud. No such claim shall be subject to criminal penalties without proof of intent to commit fraud. No recoupment of the cost of drugs or medicinal supplies properly dispensed shall be allowed if such error has occurred; provided, however, that recoupment shall be allowed to the extent that such error resulted in an overpayment, though recoupment shall be limited to the amount overpaid; (4) A pharmacy shall be allowed at least 60 days following the receipt of the preliminary audit report in which to correct any error or to address any discrepancy found during an audit which may be subject to recoupment for overpayment as provided for in paragraph (12) of this subsection, including to secure and remit an appropriate copy of the record from a hospital, physician, or other authorized practitioner of the healing arts for drugs or medicinal supplies written or transmitted by any means of communication if the lack of such a record or an error in such a record is identified in the course of an audit or noticed within the preliminary audit report; (5) A pharmacy may use the records of a hospital, physician, or other authorized practitioner of the healing arts for drugs or medicinal supplies written or transmitted by any means of communication for purposes of validating the pharmacy record with respect to orders or refills of a legend or narcotic drug; (6) A finding of an overpayment or underpayment may be a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs; however, recoupment of claims must be based on the actual overpayment or underpayment unless the projection for overpayment or underpayment is part of a settlement as agreed to by the pharmacy; (7) Each pharmacy shall be audited under the same standards and parameters as other similarly situated pharmacies audited by the entity; (8) The period covered by an audit may not exceed two years from the date the claim was submitted to or adjudicated by a managed care company, insurance company, third-party payor, pharmacy benefits manager, any entity licensed by the Department of Insurance, or any entity that represents such companies, groups, or department; (9) An audit may not be initiated or scheduled during the first seven calendar days of any month due to the high volume of prescriptions filled during that time unless otherwise consented to by the pharmacy; (10) The preliminary audit report must be delivered to the pharmacy within 30 days after conclusion of the audit. A final audit report shall be delivered to the pharmacy within 60 days after receipt of the preliminary audit report or final appeal, as provided for in subsection (c) of this Code section, whichever is later;

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(11) A pharmacy shall not be held responsible for any penalty or fee in connection with an audit and there shall be no recoupment of funds from a pharmacy in connection with claims for which the pharmacy has already been paid without first complying with the requirements set forth in this Code section; (12) There shall be no recoupment from a pharmacy except in cases of:
(A) Fraud; (B) An error that resulted in an overpayment provided that recoupment shall be limited to the amount overpaid; or (C) A misfill; provided, however, that when a patient receives the correct drug in the correct dosage and quantity pursuant to a prescription drug order then no misfill shall be found to have occurred; and (13) A pharmacy shall not be audited more than once every six months.

Notwithstanding any other provision in this subsection, the agency conducting the audit shall not use the accounting practice of extrapolation in calculating recoupments or penalties for audits. (c) Recoupments of any disputed funds shall only occur after final internal disposition of the audit, including the appeals process as set forth in subsection (d) of this Code section. (d) Each entity conducting an audit shall establish an internal appeals process under which a pharmacy shall have at least 30 days from the delivery of the preliminary audit report to appeal an unfavorable preliminary audit report to the entity. If, following the appeal, the entity finds that an unfavorable audit report or any portion thereof is unsubstantiated, the entity shall dismiss the audit report or such portion without the necessity of any further proceedings. (e) Each entity conducting an audit shall provide a copy of the final audit report, after completion of any review process, to the plan sponsor at its request or in an alternate format. (f) This Code section shall not apply to any investigative audit commenced based upon an articulable suspicion of fraud, willful misrepresentation, or abuse, including without limitation investigative audits under Article 7 of Chapter 4 of Title 49, Code Section 33-1-16, or any other statutory provision which authorizes investigations relating to insurance fraud. (g) The provisions of this Code section shall not apply to the Department of Community Health conducting audits under Article 7 of Chapter 4 of Title 49; provided, however, that the provisions of Code Section 49-4-151.1 shall apply to such audits conducted by the Department of Community Health under Article 7 of Chapter 4 of Title 49. (h) The entity conducting the audit may not pay the agent or employee who is conducting the audit based on a percentage of the amount recovered. (i) The Commissioner of Insurance shall have enforcement authority over this Code section and shall promulgate rules and regulations to effectuate the provisions of this Code section. The Commissioner of Insurance shall have the authority to investigate complaints

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of alleged violations of this Code section; to prohibit recoupment; to order reimbursement of any wrongful recoupment; to institute fines for violations of the law, rules, or regulations; and to take any other actions pursuant to any authority granted pursuant to Chapter 64 of Title 33, relating to the regulation and licensure of pharmacy benefits managers."

SECTION 3. Said article is further amended by revising Code Section 26-4-119, relating to pharmacy anti-steering and transparency, as follows:
"26-4-119. (a) This Code section shall be known and may be cited as the 'Pharmacy Anti-Steering and Transparency Act.' (b) The General Assembly finds that:
(1) The referral of a patient to a pharmacy by an affiliate for pharmacy care represents a potential conflict of interest; and (2) These referral practices may limit or eliminate competitive alternatives in the health care services market, may result in overutilization of health care services, may increase costs to the health care system, may adversely affect the quality of health care, may disproportionately harm patients in rural and medically underserved areas of Georgia, and shall be against the public policy of this state. (c) As used in this Code section, the term: (1) 'Affiliate' means a person licensed under Title 33 which, either directly or indirectly through one or more intermediaries:
(A) Has an investment or ownership interest in a pharmacy licensed in or holding a nonresident pharmacy permit in Georgia; (B) Shares common ownership with a pharmacy licensed in or holding a nonresident pharmacy permit in Georgia; or (C) Has as an investor or ownership interest holder a pharmacy licensed in or holding a nonresident pharmacy permit in Georgia. (2) 'Referral' means: (A) Ordering of a patient to a pharmacy by an affiliate either orally or in writing, including online messaging; (B) Ordering of a patient to a pharmacy that has an affiliate either orally or in writing, including online messaging by a person licensed under Title 33 as a result of an arrangement or agreement between the person and the pharmacy's affiliate; (C) Offering or implementing plan designs that require patients to utilize affiliated pharmacies or other pharmacies with affiliates, or that increase plan or patient costs, including requiring patients to pay the full cost for a prescription when patients choose not to use affiliated pharmacies or other pharmacies with affiliates; or

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(D) Patient or prospective patient specific advertising, marketing, or promotion of a pharmacy by an affiliate or other person licensed under Title 33 as a result of an arrangement or agreement with the pharmacy's affiliate. Subject to the foregoing, this term shall not include a pharmacy's inclusion by an affiliate or other person licensed under Title 33 as a result of an arrangement or agreement with the pharmacy's affiliate in communications to patients, including patient and prospective patient specific communications, regarding network pharmacies and prices, provided that the affiliate or other person licensed under Title 33 includes information regarding eligible nonaffiliate pharmacies in such communications and the information provided is accurate. (d) A pharmacy licensed in or holding a nonresident pharmacy permit in Georgia shall be proscribed from: (1) Transferring or sharing records relative to prescription information containing patient identifiable and prescriber identifiable data to or from an affiliate for any commercial purpose; provided, however, that nothing shall be construed to prohibit the exchange of prescription information between a pharmacy and its affiliate for the limited purposes of pharmacy reimbursement; formulary compliance; pharmacy care; public health activities otherwise authorized by law; or utilization review by a health care provider; or (2) Presenting a claim for payment to any individual, third-party payor, affiliate, or other entity for a service furnished pursuant to a referral from an affiliate or other person licensed under Title 33. (e) This Code section shall not be construed to prohibit a pharmacy from entering into an agreement with an affiliate to provide pharmacy care to patients, provided that the pharmacy does not receive referrals in violation of subsection (d) of this Code section and the pharmacy provides the disclosures required in subsection (f) of this Code section. (f) If a pharmacy licensed or holding a nonresident pharmacy permit in this state has an affiliate, it shall annually file with the board a disclosure statement identifying all such affiliates. (g) In addition to any other remedy provided by law, a violation of this Code section by a pharmacy shall be grounds for disciplinary action by the board pursuant to its authority granted in this chapter. (h) A pharmacist who fills a prescription that violates subsection (d) of this Code section shall not be liable under this Code section. (i) This Code section shall not apply to: (1) Any licensed group model health maintenance organization with an exclusive medical group contract which operates its own pharmacies which are licensed under Code Section 26-4-110; (2) Any hospital or related institution; or (3) Any referrals by an affiliate for pharmacy services and prescriptions to patients in skilled nursing facilities, intermediate care facilities, continuing care retirement communities, home health agencies, or hospices."

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SECTION 4. Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, is amended in Code Section 33-64-10, relating to administration of claims by pharmacy benefits manager, by revising paragraph (c)(4) as follows:
"(4) Any licensed group model health maintenance organization with an exclusive medical group contract and which operates its own pharmacies which are licensed under Code Section 26-4-110."

SECTION 5. Said chapter is further amended in Code Section 33-64-11, relating to prohibited activities of pharmacy benefits manager, by revising paragraph (c)(4) as follows:
"(4) Any licensed group model health maintenance organization with an exclusive medical group contract and which operates its own pharmacies which are licensed under Code Section 26-4-110."

SECTION 6. Code Section 49-4-148 of the Official Code of Georgia Annotated, relating to recovery of Medicaid benefits from third party liable for sickness, injury, disease, or disability, is amended by revising subsection (b) as follows:
"(b) All insurers, as defined in Code Section 33-24-57.1, including but not limited to group health plans as defined in Section 607(1) of the federal Employee Retirement Security Act of 1974, managed care entities as defined in Code Section 33-20A-3, which offer health benefit plans, as defined in Code Section 33-24-59.5, pharmacy benefits managers, as defined in Code Section 33-64-1, and any other parties that are, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service shall comply with this subsection. Such entities set forth in this subsection shall:
(1) Cooperate with the department in determining whether a person who is a recipient of medical assistance may be covered under that entity's health benefit plan and eligible to receive benefits thereunder for the medical services for which that medical assistance was provided and respond to any inquiry from the state regarding a claim for payment for any health care item or service submitted not later than three years after such item or service was provided; (2) Accept the department's authorization for the provision of medical services on behalf of a recipient of medical assistance as the entity's authorization for the provision of those services; (3) Comply with the requirements of Code Section 33-24-59.5, regarding the timely payment of claims submitted by the department for medical services provided to a recipient of medical assistance and covered by the health benefit plan, subject to the payment to the department of interest as provided in that Code section for failure to comply;

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(4) Provide the department, on a quarterly basis, eligibility and claims payment data regarding applicants for medical assistance or recipients for medical assistance; (5) Accept the assignment to the department or a recipient of medical assistance or any other entity of any rights to any payments for such medical care from a third party; and (6) Agree not to deny a claim submitted by the department solely on the basis of the date of submission of the claim, type or format of the claim, or a failure to present proper documentation at the point-of-sale which is the basis of the claim, if:
(A) The claim is submitted to the department within three years from when the item or service was furnished; and (B) Any action by the department to enforce its rights with respect to such claim commenced within six years of the department's submission of the claim. The requirements of paragraphs (2) and (3) of this subsection shall only apply to a health benefit plan which is issued, issued for delivery, delivered, or renewed on or after April 28, 2001."

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

Approved August 4, 2020.

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INSURANCE HEALTH BENEFIT PLANS ISSUED THROUGH AGENT; PROPOSED RATES FILING;
PAYMENT OF COMMISSIONS.

No. 565 (House Bill No. 716).

AN ACT

To amend Code Section 33-24-59.23 of the Official Code of Georgia Annotated, relating to carrier issuing health benefit plans to pay insurance agent's commissions and regulation authority, so as to provide that carriers issuing a health benefit plan in this state through an agent shall file proposed commission rates with the department; to provide that carriers that do not pay commission during special enrollments shall upon policy renewals pay such commission along with renewal commission; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 33-24-59.23 of the Official Code of Georgia Annotated, relating to carrier issuing health benefit plans to pay insurance agent's commissions and regulation authority, is amended by revising subsection (b) as follows:
"(b) Any carrier that issues a health benefit plan in this state through an agent shall pay a commission to such agent. Such carrier shall file with the department its proposed commission rates relevant to all such agents. The commission paid to such agents shall be 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 first term compensation to such agent shall be required for any individual health benefit plan sold during a special enrollment period. Notwithstanding the above, any carrier that does not provide such first term commission during a special enrollment period shall, upon policy renewal, provide the agent with the renewal commission and any first term commission that was not paid because such policy was 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."

SECTION 2. This Act shall become effective on January 1, 2021.

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

Approved August 4, 2020.

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PROFESSIONS AND BUSINESSES COMPREHENSIVE REGULATION OF TRAUMA SCENE CLEANUP SERVICES.

No. 566 (House Bill No. 417).

AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the comprehensive regulation of trauma scene cleanup services; to provide for definitions; to provide for registration requirements; to provide for qualifications; to provide for penalties for violations; to provide for emergencies; to provide

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for rules and regulations; to provide for exemptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter to read as follows:

"CHAPTER 46A

43-46A-1. As used in this chapter, the term:
(1) 'Pathogen' means a microorganism, including bacteria, viruses, rickettsiae, and parasites, or other agent, such as a proteinaceous infectious particle or prion, that can cause disease in humans. (2) 'Potentially infectious material' means material known or reasonably expected to contain a pathogen. (3) 'Regulated biomedical waste' means and includes the following:
(A) Biological waste, which includes blood and blood products, exudates, secretions, suctionings, and other body fluids which contain free liquids and cannot be or are not directly discarded into a municipal sewer system; (B) Pathological waste, which includes all recognizable human tissues and body parts except teeth; and (C) Sharps, which include any discarded article that may cause punctures or cuts including, but not limited to, items such as needles, IV tubing and syringes with needles attached, and scalpel blades. (4) 'Trauma scene' means a location soiled by or contaminated with potentially infectious material or regulated biomedical waste due to the occurrence of a homicide or suicide, or the occurrence of a death of a human being in which there is advanced decomposition of the body; provided, however, that this term shall not include the scene of a motor vehicle accident or locations which are subject to the laws and regulations of the federal Occupational Safety and Health Administration. (5) 'Trauma scene waste' means potentially infectious material or regulated biomedical waste that has been removed, is to be removed, or is in the process of being removed from a trauma scene. (6) 'Trauma scene waste management practitioner' means the owner of any interest in a commercial enterprise for the cleanup or removal of trauma scene waste and who is registered with the Secretary of State pursuant to this chapter.

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43-46A-2. (a) A trauma scene waste management practitioner shall be registered with the Secretary of State on forms provided by and in a manner as directed by the Secretary of State. Such registration shall be in addition to and not in place of any other registrations or licenses from other state agencies required by law. No county or municipal government shall be authorized to require licenses, registrations, or permits for trauma scene waste management practitioners in this state. (b) The Secretary of State, upon its approval of an application, shall issue a registration to a trauma scene waste management practitioner who meets the qualifications for such registration and who submits a completed application form and registration fee. Such registration shall be valid for a period of three years from the date of issuance and may be renewed for additional three-year periods. (c) Trauma scene waste management practitioners shall pay an initial registration fee of $100.00 to the Secretary of State and, for each subsequent renewal of such registration, shall pay to the Secretary of State a registration renewal fee of $100.00.

43-46A-3. The Secretary of State shall maintain a current list of all registered trauma scene waste management practitioners on the Secretary of State's website.

43-46A-4. (a) Each trauma scene waste management practitioner shall, prior to being registered, submit to a fingerprint based criminal background check conducted by the Georgia Crime Information Center and Federal Bureau of Investigation. No person who is currently serving a sentence of incarceration or probation for any felony under the laws of this state or any other state or the federal government shall be issued a trauma scene waste management practitioner registration. Each trauma scene waste management practitioner shall submit to a fingerprint based criminal background check conducted by the Georgia Crime Information Center and Federal Bureau of Investigation every three years following such initial background check. (b) Each trauma scene waste management practitioner shall, upon approval of his or her registration by the Secretary of State, submit to the Secretary of State a bond executed with a surety company duly authorized to do business in this state and payable to the Governor for the use and benefit of any person who is harmed by such trauma scene waste management practitioner, his or her employee, or an independent contractor of such trauma scene waste management practitioner in the performance of trauma scene waste management services. The bond shall be in the amount of $25,000.00. The bond shall be approved by the Secretary of State as to the form and the solvency of the surety. No trauma scene waste management practitioner or surety shall cancel, or cause to be canceled, a bond issued pursuant to this subsection unless the Secretary of State is informed in writing by a certified letter at least 30 days prior to the proposed cancellation. If the trauma

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scene waste management practitioner or surety cancels the bond and the trauma scene waste management practitioner fails to submit, within ten days of the effective date of the cancellation, a new bond, the Secretary of State shall revoke such trauma scene waste management practitioner's registration. (c) Each trauma scene waste management practitioner shall provide the Secretary of State with proof of liability insurance coverage for the trauma scene waste management practitioner, his or her employees, and each independent contractor of such trauma scene waste management practitioner who performs trauma scene waste management services in the amount of at least $100,000.00 for each occurrence. No trauma scene waste management practitioner or insurance carrier shall cancel, or cause to be canceled, a liability insurance policy issued pursuant to this subsection unless the Secretary of State is informed in writing by a certified letter at least 30 days prior to the proposed cancellation. If the trauma scene waste management practitioner or insurance carrier cancels the liability insurance policy and the trauma scene waste management practitioner fails to submit, within ten days of the effective date of the cancellation, a new liability insurance policy that meets the requirements of this subsection, the Secretary of State shall revoke such trauma scene waste management practitioner's registration. (d) Each trauma scene waste management practitioner shall provide the Secretary of State with proof that such practitioner has a valid generation and transportation permit from the Environmental Protection Division of the Department of Natural Resources for the provision of trauma scene waste management services or shall submit an affidavit that such practitioner contracts with an entity which has such permit. Additionally, each trauma scene waste management practitioner shall provide the Secretary of State with proof of all current certifications in the removal and disposal of regulated biomedical waste held by such practitioner or any contractor used by the practitioner for the provision of trauma scene waste management services. (e) Each trauma scene waste management practitioner shall be responsible and liable for the acts of his or her employees and any independent contractor of such trauma scene waste management practitioner in the performance of trauma scene waste management services.

43-46A-5. (a) As used in this Code section, the term 'person' means: an individual; any corporate entity or form authorized by law, including any of its subsidiaries or affiliates; or any officer, director, board member, or employee of any corporate entity or form authorized by law. (b) No person shall perform, offer to perform, or engage in the cleanup of a trauma scene or the removal or remediation of regulated biomedical waste from any trauma scene unless such person is registered in accordance with this chapter or is an employee or independent contractor of such person registered in accordance with this chapter.

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(c) Any person that violates this Code section shall be subject to a civil fine not to exceed $5,000.00 and punitive action by the Secretary of State, up to and including revocation of registration.

43-46A-6. On and after January 1, 2021, it shall be against public policy for any person who is not properly registered under this chapter to seek to recover from the owner of any property or any other person the cost of the cleanup, removal, or remediation of trauma scene waste at, in, or on such property.

43-46A-7. Each trauma scene waste management practitioner registered under this chapter, prior to beginning the cleanup, removal, or remediation of trauma scene waste, shall provide the individual who requested such services with a good faith estimate of the expected costs of such services.

43-46A-8. In the event of a declared public health emergency or a state of emergency, the Secretary of State shall be authorized to issue temporary registrations to persons to be trauma scene waste management practitioners under such limiting conditions as the Secretary of State deems appropriate under such circumstances. Such temporary registrations shall terminate at such time as may be specified by the Secretary of State, but, in any event, not later than 90 days from their issuance.

43-46A-9. The Secretary of State shall be authorized to promulgate such rules and regulations as it deems necessary in order to effectuate and implement the provisions of this chapter.

43-46A-10. (a) As used in this Code section, the term 'person' shall have the same meaning as provided in Code Section 35-11-5. (b) Nothing in this chapter shall apply to a medical practice or medical facility or a subsidiary thereof that is subject to the laws and regulations of the federal Occupational Safety and Health Administration. (c) Nothing in this chapter shall apply to the cleanup of property owned by a person by such person. (d) Nothing in this chapter shall apply to the gratuitous cleanup, removal, or remediation of trauma scene waste performed for the owner of any property by individuals who are not doing so as part of a commercial enterprise for the cleanup or removal of trauma scene waste, including, but not limited to, individuals who are family, friends, or neighbors of

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such owner; provided, however, that nothing in this subsection shall prevent such owner from offering such individuals a gratuity at his or her election."

SECTION 2. This Act shall become effective on January 1, 2021.

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

Approved August 4, 2020.

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INSURANCE NONEMERGENCY HEALTH CARE SERVICES; TRANSPARENCY OF PRICES.

No. 567 (Senate Bill No. 303).

AN ACT

To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for greater transparency of prices for nonemergency health care services; to provide for a short title; to provide for definitions; to provide for the disclosure of certain pricing information through insurer websites to allow consumers to compare prices; to provide that insurers may use third parties to comply with such requirements; to provide for certain notice 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. 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:
"33-24-59.27. (a) This Code section shall be known and may be cited as the 'Georgia Right to Shop Act.' (b) As used in this Code section, the term:
(1) 'Covered person' means an individual who is covered under a health benefit policy. (2) 'Emergency services' means those health care services that are provided for a condition of recent onset and sufficient severity, including, but not limited to, severe pain, that would lead a prudent layperson, possessing an average knowledge of medicine and

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health, to believe that his or her condition, sickness, or injury is of such a nature that failure to obtain immediate medical care could result in:
(A) Placing the patient's health in serious jeopardy; (B) Serious impairment to bodily functions; or (C) Serious dysfunction of any bodily organ or part. (3) 'Health benefit policy' or 'policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed in this state, including, but not limited to, those contracts executed by the state on behalf of state employees under Article 1 of Chapter 18 of Title 45, by an insurer. (4) 'Health care provider' or 'provider' means any physician, dentist, podiatrist, pharmacist, optometrist, psychologist, clinical social worker, advanced practice nurse, registered optician, licensed professional counselor, physical therapist, marriage and family therapist, chiropractor, athletic trainer qualified pursuant to Code Section 43-5-8, occupational therapist, speech language pathologist, audiologist, dietitian, or physician assistant. (5) 'Health care service' means: (A) Physical and occupational therapy services; (B) Obstetrical and gynecological services; (C) Radiology and imaging services; (D) Laboratory services; (E) Infusion therapy; (F) Inpatient or outpatient surgical procedures; (G) Outpatient nonsurgical diagnostic tests or procedures; and (H) Any services designated by the Commissioner as shoppable by health care consumers. (6) 'Hierarchical Condition Category Methodology' means a coding system designed by the Centers for Medicare and Medicaid Services to estimate future health care costs for patients. (7) 'Insurer' means an accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance organization, preferred provider organization, provider sponsored heath care corporation, managed care entity, or any similar entity authorized to issue contracts under this title or to provide health benefit policies. (c) Each insurer shall make available on its publicly accessible website an interactive mechanism whereby any member of the public may: (1) For each health benefit policy offered, compare the payment amounts accepted by in-network providers from such insurer for the provision of a particular health care service within the previous year; (2) For each health benefit policy offered, obtain an estimate of the average amount accepted by in-network providers from such insurer for the provision of a particular health care service within the previous year;

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(3) For each health benefit policy offered, obtain an estimate of the out-of-pocket costs that such covered person would owe his or her provider following the provision of a particular health care service; (4) Compare quality metrics applicable to in-network providers for major diagnostic categories with adjustments by risk and severity based upon the Hierarchical Condition Category Methodology or a nationally recognized health care quality reporting standard designated by the Commissioner. Metrics shall be based on reasonably universal and uniform data bases with sufficient claim volume. If applicable to the provider, quality metrics shall include, but not be limited to:
(A) Risk adjusted and absolute hospital readmission rates; (B) Risk adjusted and absolute hospitalization rates; (C) Admission volume; (D) Utilization volume; (E) Risk adjusted rates of adverse events; and (F) Risk adjusted and absolute relative total cost of care. The Commissioner shall promulgate rules and regulations which define the following terms: risk adjusted hospital readmission rates, absolute hospital readmission rates, risk adjusted hospitalization rates, absolute hospitalization rates, admission volume, utilization volume, risk adjusted rates of adverse events, risk adjusted total cost of care, and absolute relative total cost of care. Such terms shall be defined in accordance with federal law or regulation or as otherwise determined necessary by the Commissioner; and (5) Access any all-payer health claims data base which may be maintained by the department. (d) An insurer shall provide notification on its website that the actual amount that a covered person will be responsible to pay following the receipt of a particular health care service may vary due to unforseen costs that arise during the provision of such service. (e) Each estimate of out-of-pocket costs provided pursuant to paragraph (3) of subsection (c) of this Code section shall provide the following: (1) The out-of-pocket costs a covered person may owe if he or she has exceeded his or her deductible; and (2) The out-of-pocket costs a covered person may owe if he or she has not exceeded his or her deductible. (f) An insurer may contract with a third party to satisfy part or all of the requirements of this Code section. (g) Nothing in this Code section shall prohibit an insurer from charging a covered person cost sharing beyond that included in the estimate provided pursuant to paragraph (3) of subsection (c) of this Code section if such additional cost sharing resulted from the unforseen provision of additional health care services and the cost-sharing requirements of such unforseen health care services were disclosed in such covered person's policy or certificate of insurance.

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(h) The requirements of this Code section, with the exception of paragraph (4) of subsection (c) of this Code section, shall not apply to any health maintenance organization health benefits plan as defined in paragraph (4) of Code Section 33-21-1."

SECTION 2. This Act shall become effective on July 1, 2021.

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

Approved August 4, 2020.

__________

MOTOR VEHICLES AND TRAFFIC STORAGE OF UNLICENSED VEHICLES; VETERANS' LICENSES FOR UNITED STATES CITIZENS WHO SERVED IN MILITARY OF ALLY OF UNITED STATES IN WAR OR CONFLICT.

No. 568 (House Bill No. 819).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to repeal a provision relating to storage of an unlicensed vehicle; to authorize the issuance of veterans' licenses to any person who is a United States citizen and resident of this state who served in the military for an ally of the United States during a time of war or other conflict; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-2-8, relating to storage of unlicensed vehicle, by revising paragraph (1) of subsection (b) as follows:
"(1) Reserved."

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SECTION 2. Said title is further amended in Code Section 40-5-36, relating to veterans' licenses, honorary licenses, and other distinctive licenses, as follows:
"40-5-36. (a) Except as specifically provided in this chapter, no part of this chapter shall be interpreted as affecting the rights and privileges of a person holding a veteran's, honorary, or distinctive license, and nothing in this chapter shall be construed so as to authorize the department to impose any charge or fee of any type whatsoever for the issuance or renewal of a veteran's, honorary, or distinctive license; provided, however, that the commissioner may issue regulations on types and classes of vehicles which may be operated by the holder of such license. (b) The commissioner shall establish by rules and regulations the proof required to be produced by an applicant for a veteran's, honorary, or distinctive license. The contents of such license shall be the same as for any other license. The forms upon which such licenses are issued shall be such that the licenses are of a permanent nature, provided that nothing in this subsection shall authorize the department to require any person holding a veteran's or honorary license before January 1, 1976, to surrender such license. Veterans', honorary, and distinctive licenses shall not be subject to any fees. (c) Veterans' licenses may be issued to:
(1) Veterans who are residents of Georgia at the time of application for the license and who served on active duty in the armed forces of the United States or on active duty in a reserve component of the armed forces of the United States, including the National Guard, during wartime or any conflict when personnel were committed by the President of the United States, whether or not such veteran was assigned to a unit or division which directly participated in such war or conflict, except for periodic transfer from reserve status to active duty status for training purposes, and who were discharged or separated under honorable conditions; (2) All members or former members of the National Guard or reserve forces who have 20 or more years' creditable service therein; and (3) Veterans who are United States citizens and residents of this state at the time of application for the license and who served on active duty in the armed forces of an ally of the United States during wartime or any conflict when personnel were committed by the President of the United States, whether or not such veteran was assigned to a unit or division which directly participated in such war or conflict and who were discharged or separated under honorable conditions. (d) Honorary licenses may be issued to: (1) A resident of Georgia who is the surviving spouse of a veteran as defined by paragraph (1) of subsection (c) of this Code section. Any license to such spouse shall be valid only as long as that person remains unmarried; or

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(2) A resident of Georgia who is the spouse of a veteran who would be qualified to receive a veteran's license but who is disabled to the extent that he or she cannot operate a motor vehicle. (e) A distinctive license may be issued to any member of the Georgia National Guard in good standing who has completed at least one year of satisfactory service. The department shall have the authority to cancel the distinctive license of any person upon receipt of written notice from the adjutant general who shall notify the department that the person is no longer a member of the Georgia National Guard in good standing."

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 August 4, 2020.

__________

EVIDENCE LAW ENFORCEMENT OFFICERS AND AGENCIES OFFICE OF PUBLIC SAFETY OFFICER SUPPORT; NAME CHANGE; BIAS MOTIVATED INTIMIDATION AGAINST FIRST RESPONDERS.

No. 569 (House Bill No. 838).

AN ACT

To amend Code Section 24-5-510 and Article 8 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to privileged communications between law enforcement officers and peer counselors and Office of Public Safety Officer Support, respectively, so as to change the name of the Office of Public Safety Officer Support; to amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to provide for the right to bring suit; to provide for bias motivated by intimidation against first responders; 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 24-5-510 of the Official Code of Georgia Annotated, relating to privileged communications between law enforcement officers and peer counselors, is amended by revising paragraph (2) of subsection (a) as follows:
"(2) 'Peer counselor' means: (A) An employee of the Office of Public Safety Support within the Department of Public Safety; or (B) An individual who is certified by the support coordinator of the Office of Public Safety 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."

SECTION 2. Article 8 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to Office of Public Safety Officer Support, is amended in Code Section 35-2-160, relating to definitions, by revising paragraph (5) as follows:
"(5) 'Support coordinator' means the coordinator of the Office of Public Safety Support within the Department of Public Safety."

SECTION 3. Said article is further amended by revising Code Section 35-2-161, relating to Office of Public Safety Officer Support established, as follows:
"35-2-161. There is established the Office of Public Safety Support within the Department of Public Safety."

SECTION 4. Said article is further amended in Code Section 35-2-163, relating to peer counseling and critical incident support services, certification, and employment of necessary staff, by revising subsection (a) as follows:
"(a) The Office of Public Safety 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."

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SECTION 5. Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, is amended by adding a new Code section to read as follows:
"35-8-7.3. A peace officer shall have the right to bring a civil suit against any person, group of persons, organization, or corporation, or the head of an organization or corporation, for damages, either pecuniary or otherwise, suffered during the officer's performance of official duties, for abridgment of the officer's civil rights arising out of the officer's performance of official duties, or for filing a complaint against the officer which the person knew was false when it was filed."

SECTION 6. Said chapter is further amended by adding a new Code section to read as follows:
"35-8-7.4. (a) As used in this Code section, the term 'first responder' means any firefighter of a municipal, county, or volunteer fire department, a peace officer as defined in Code Section 35-8-2, and an emergency medical technician as defined in Code Section 16-10-24.2. (b) A person commits the offense of bias motivated intimidation when such person maliciously and with the specific intent to intimidate, harass, or terrorize another person because of that person's actual or perceived employment as a first responder:
(1) Causes death or serious bodily harm to another person; or (2) Causes damage to or destroys any real or personal property of a person because of actual or perceived employment as a first responder without permission and the amount of the damage exceeds $500.00 or the value of the property destroyed exceeds $500.00. (c) Any person that violates subsection (b) of this Code section shall be guilty of the offense of bias motivated intimidation and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not more than $5,000.00, or both. (d) Each violation of this Code section shall constitute a separate offense and shall not merge with any other crime. (e) A sentence imposed under this Code section shall run consecutively to any sentence for any other offense related to the act or acts establishing an offense under this Code section. (f) Charges of violating subsection (b) of this Code section shall not be prosecuted by way of an accusation but only by indictment or special presentment by a grand jury."

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

Approved August 5, 2020.

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REVENUE AND TAXATION HOMESTEAD OPTION SALES AND USE TAX; DISTRIBUTION OF PROCEEDS; SPECIAL PURPOSE LOCAL OPTION SALES AND USE TAX.

No. 570 (House Bill No. 1102).

AN ACT

To amend Article 2A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to homestead option sales and use tax, so as to provide for a revised homestead option sales tax; to provide for a revised distribution of the proceeds from the levy of an equalized homestead option sales and use tax; to provide for the levy of a special purpose local option sales and use tax in certain counties; to provide for elector petitions and referenda; to provide for procedures, conditions, and limitations; to provide for a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2A of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to homestead option sales and use tax, is amended by adding a new part to read as follows:

"Part 3

48-8-109.15. This part shall be known and may be cited as the 'Revised Homestead Option Sales and Use Tax Act of 2020.'

48-8-109.16. In any county where a homestead option sales and use tax under Part 1 of this article is being levied, the question of whether to suspend the sales and use tax authorized by Code Section 48-8-102 and replace such tax with a sales and use tax authorized by this part shall be submitted to the electors of the special district in the manner provided for in Code

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Section 48-8-109.18. If the sales and use tax is not approved by the electors, then the homestead option sales and use tax under Part 1 of this article shall continue in full force and effect.

48-8-109.17. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of one of the 159 special districts. (b) When the imposition of a local sales and use tax is authorized according to the procedures provided in this part within a special district, the county whose geographical boundary is conterminous with that of the special district shall levy a local sales and use tax at the same rate as provided in Part 1 of this article. Except as otherwise provided in this part, the local sales and use tax shall correspond to the tax imposed and administered by Part 1 of this article. The local sales and use tax levied pursuant to this part shall apply to all items and transactions subject to taxation pursuant to Part 1 of this article. No item or transaction which is not subject to taxation pursuant to Part 1 of this article shall be subject to the tax levied pursuant to this part. (c) No sales and use tax shall be levied in a special district under this part in which a tax is levied and collected under Article 2 of this chapter.

48-8-109.18. (a) Whenever a petition is filed with the election superintendent of any county whose geographical boundary is conterminous with that of the special district and such petition is signed by at least 10 percent of the electors registered to vote in the last general election directing such election superintendent to submit to the electors of the special district the question of whether the sales and use tax authorized by this part shall be imposed, the election superintendent shall determine the validity of such petition within 60 days of its being filed. In the event the election superintendent determines that such petition is valid, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of the imposition of the sales and use tax to the voters of the special district for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of such county. The ballot shall have written or printed thereon the following ballot question:

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'( ) YES ( ) NO

Shall the homestead option sales and use tax be suspended within the special district within _____________ County and a revised homestead option sales and use tax be levied for the purpose of reducing the ad valorem property tax millage rates levied by county and municipal governments on homestead properties, with 99 percent of such tax being used to roll back ad valorem property tax millage rates?'

Notwithstanding any other provision of law to the contrary, the ballot question referred to

in this subsection shall precede any and all other ballot questions which are to appear on

the same ballot.

(b) All persons desiring to vote in favor of levying the sales and use tax shall vote 'Yes,'

and those persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of levying the tax, then the tax shall be levied in accordance with this part; otherwise, the sales and use tax may not be levied, and the question of the imposition of the sales and use tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the

same rules and regulations as govern special elections. It shall be the superintendent's

further duty to canvass the returns, declare the result of the election, and certify the result

to the Secretary of State and to the commissioner. The expense of the election shall be

borne by the county whose geographical boundary is conterminous with that of the special

district holding the election.

(c) If the imposition of the sales and use tax provided in this part is approved in a

referendum election as provided by subsections (a) and (b) of this Code section, the

governing authority of the county whose geographical boundary is conterminous with that

of the special district shall adopt a resolution during the first 30 days following the

certification of the result of the election imposing the sales and use tax authorized in this

part on behalf of the county whose geographical boundary is conterminous with that of the

special district. The resolution shall be effective on the first day of the next succeeding

calendar quarter which begins more than 80 days after the adoption of the resolution. With respect to services which are billed on a regular monthly basis, however, the resolution shall become effective with the first regular billing period coinciding with or following the otherwise effective date of the resolution. A certified copy of the resolution shall be forwarded to the commissioner so that it will be received within five days after its adoption.

48-8-109.19. (a) The sales and use tax levied pursuant to this part shall be exclusively administered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district. 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 except that the sales and use

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tax provided in this part shall be applicable to sales of motor fuels as prepaid local tax as such term is defined in Code Section 48-8-2, to the same extent that sales of motor fuels are subject to taxation pursuant to Part 1 of this article; 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. Dealers shall be allowed a percentage of the amount of the sales and use 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. (b) Each sales and use tax return remitting sales and use taxes collected under this part shall separately identify the location of each retail establishment at which any of the sales and use taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all sales and use taxes imposed by this part are collected and distributed according to situs of sale. (c) The proceeds of the sales and use tax collected by the commissioner in each special district under this part shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) The remaining proceeds shall be disbursed to the governing authority of the county whose geographical boundary is conterminous with that of the special district, and each municipality located wholly or partially therein, and shall be utilized as follows:
(A) The proceeds shall be used to roll back, and eliminate if possible, the millage rates for any county ad valorem property tax line items levied uniformly throughout the county on homestead properties, including in all municipalities; and (B) Any remaining proceeds shall be used to roll back at an equal and uniform rate across both of the following categories, and eliminate if possible:
(i) The millage rates for any county ad valorem property tax line items levied only in unincorporated portions of the county on homestead properties; and (ii) The millage rates for any municipal ad valorem property tax line items levied in every municipality located wholly or partially in the county on homestead properties but not in unincorporated portions of the county. If any municipality is located partially in the special district, then only that portion so located shall be considered in the calculations contained in this subsection. (d) The form to collect ad valorem tax prepared by the county tax commissioner shall reflect the full amount owed by the taxpayer pursuant to the millage rates set by the county governing authority and any municipal governing authority. Under a separate heading, the form shall reflect the deductions from the gross ad valorem tax amount realized through the application of proceeds from the revised homestead option sales and use tax.

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48-8-109.20. 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 sales and use tax may be credited against the sales and use tax authorized to be imposed by this part upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this part, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this part. The commissioner may require such proof of payment in another local tax jurisdiction as the commissioner deems necessary and proper. No credit shall be granted, however, against the sales and use tax imposed under this part for tax paid in another jurisdiction if the sales and use tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the special district or in the county which is conterminous with the special district; and sales and use taxes so paid in another jurisdiction shall be credited first against the sales and use tax levied under this part and then against the sales and use tax levied under Article 3 of this chapter, if applicable.

48-8-109.21. (a) Whenever the governing authority of any county whose geographical boundary is conterminous with that of the special district in which the sales and use tax authorized by this part is being levied wishes to submit to the electors of the special district the question of whether the sales and use tax authorized by this part shall be discontinued, the governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority calling for the referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of discontinuing the levy of the sales and use tax to the voters of the special district for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. If such sales and use tax is repealed, then the sales and use tax under Part 1 of this article shall replace the sales and use tax that was imposed under this part. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of such county. The ballot shall have written or printed thereon the following:

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'( ) YES ( ) NO

Shall the revised homestead option sales and use tax being levied within the special district within _____________ County for the purpose of reducing the ad valorem property tax millage rates levied by county and municipal governments on homestead properties, with 99 percent of such tax being used to roll back ad valorem property tax millage rates, be terminated?'

(b) All persons desiring to vote in favor of discontinuing the sales and use tax shall vote

'Yes,' and those persons opposed to discontinuing the tax shall vote 'No.' If more than

one-half of the votes cast are in favor of discontinuing the sales and use tax, then the sales

and use tax shall cease to be levied on the last day of the taxable year following the taxable

year in which the commissioner receives the certification of the result of the election; otherwise, the sales and use tax shall continue to be levied, and the question of discontinuing the tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's

further duty to canvass the returns, declare and certify 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 borne by the county whose geographical boundary is conterminous with that of the

special district holding the election.

48-8-109.22. No sales and use tax provided for in this part 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 sales and use tax is imposed under this part 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 licensed by the Federal Motor Carrier Safety Administration or the Georgia Department of Public Safety.
48-8-109.23. (a) As used in this Code section, the term 'building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract. (b) No sales and use tax provided for in this part shall be imposed in a special district upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to approval of the levy of

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the sales and use tax by the county whose geographical boundary is conterminous with that of the special district and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the sales and use tax.

48-8-109.24. 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 sales and use tax authorized to be imposed by this part."

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 August 5, 2020.

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CONSERVATION AND NATURAL RESOURCES PALMETTO BERRIES; HARVESTING.

No. 571 (House Bill No. 966).

AN ACT

To amend Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to regulate the harvest and sale of palmetto berries; to provide for definitions; to provide for legislative findings; to provide for certificates of harvest; to provide for records of harvest activities and purchase transactions; to provide for prohibited acts; to provide for stop sale, stop use, and removal orders; to provide for seizure of berries; to provide for home or personal use of berries; to provide for penalties and restitution; 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 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, is amended by adding a new article to read as follows:

"ARTICLE 7

12-6-250. As used in this article, the term:
(1) 'Director' means the director of the State Forestry Commission. (2) 'Harvest' or 'harvesting' means the various methods or processes of gathering saw palmetto berries for preservation, storage, use, or sale. (3) 'Landowner' means the person that owns land from which saw palmetto berries are harvested or the person having possession, control, or use of such land that has lawful authority to grant permission to harvest saw palmetto berries from the land. (4) 'Person' means an individual, partnership, corporation, association, or any other legal entity. (5) 'Saw palmetto berries' means the fruit of the plant species Serenoa repens, commonly known as the saw palmetto. (6) 'Saw palmetto berry dealer' means a person that purchases or otherwise obtains saw palmetto berries from a seller for the purpose of selling such saw palmetto berries at retail or for the purpose of selling such saw palmetto berries to another saw palmetto berry dealer or for both such purposes. This term also includes any person that purchases saw palmetto berries directly from a landowner for the purpose of selling such saw palmetto berries at retail. (7) 'Seller' means a person that exchanges or offers to exchange saw palmetto berries for money or for any other valuable consideration.

12-6-251. The General Assembly finds that:
(1) The natural occurrence of saw palmetto berries constitutes a significant economic resource for landowners; (2) Such landowners have been victimized by continuous and repeated trespasses onto their lands by persons engaged in harvesting saw palmetto berries and have thus been deprived of the economic benefit of such resources; and (3) The repeated trespasses onto private property by certain persons engaged in the harvesting of saw palmetto berries constitute an organized and methodical deprivation of the rights of others, necessitating the addition of this article.

12-6-252. (a) As a condition of selling saw palmetto berries to a saw palmetto berry dealer within this state, the seller shall obtain and present to the saw palmetto berry dealer a certificate

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of harvest. A certificate of harvest shall be a written or printed document signed by the landowner from which the saw palmetto berries were harvested granting permission for the harvest of the saw palmetto berries and shall include a harvest start date and end date, which harvest period shall not exceed one year. A certificate of harvest shall be valid for one year. In addition to the permission of the landowner to harvest saw palmetto berries, a certificate of harvest shall include:
(1) The name, address, and telephone number of the landowner that granted permission to harvest the saw palmetto berries; (2) The name, address, and telephone number of the person authorized to harvest the saw palmetto berries; and (3) The start date, end date, and location, including county, of the harvest. (b) A saw palmetto berry dealer that purchases saw palmetto berries directly from a landowner or a person harvesting saw palmetto berries from another's property shall obtain a landowner's certificate of harvest. A landowner's certificate of harvest shall include: (1) The name, address, and telephone number of the landowner; (2) The start date, end date, and location, including county, of the harvest; and (3) The landowner's signature.

12-6-253. (a) A person who participates in the procurement of palmetto berries shall maintain a legible record of all activities and purchase transactions of saw palmetto berries. Such record shall include the following information:
(1) The names and addresses of such person and of the landowner; (2) The date or dates of harvesting; (3) The weight, quantity, or volume and a description of the type of saw palmetto berries harvested; (4) The amount of consideration given for the harvested saw palmetto berries and a copy of the check or voucher or documentation evidencing the electronic funds transfer given as consideration for such harvesting; (5) A signed statement from such person that he or she has the landowner's permission to harvest saw palmetto berries; and (6) A scanned or photocopied copy of a valid personal identification card of such person and of the landowner. (b) A person required to record information as set forth in subsection (a) of this Code section shall maintain such records for not less than two years from the date of harvest.

12-6-254. When the director or law enforcement finds that any saw palmetto berries are being harvested or offered or exposed for sale in violation of this article, the director or law enforcement may issue and enforce written or printed stop harvest, stop sale, stop use, or removal orders to the owners or custodians of such saw palmetto berries, ordering such

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individuals to hold the same at a designated location until a certificate of harvest or a landowner's certificate of harvest has been provided and such saw palmetto berries have been released, in writing, by the director or law enforcement, or until such saw palmetto berries have been otherwise legally disposed of by written authority. The director or law enforcement or both shall release saw palmetto berries when the requirements of this article are met.

12-6-255. Any saw palmetto berries obtained or offered for sale in violation of this article shall be subject to seizure on the complaint of the director or law enforcement to the superior court of the county in which the saw palmetto berries are found. If the court finds the status of the saw palmetto berries to be in violation of this article, and orders condemnation of such saw palmetto berries, the saw palmetto berries shall be disposed of in any manner consistent with their quantity, the interests of the parties, and the laws of this state; provided, however, that in no instance shall the saw palmetto berries be ordered by the court to be disposed of without first giving the person claiming to own the saw palmetto berries an opportunity to apply to the court for release of the saw palmetto berries in such manner as to bring the matter into compliance with this article.

12-6-256. This article shall not be construed so as to affect any landowner that harvests or handles saw palmetto berries for home or personal use.

12-6-257. (a) Except as otherwise provided in subsection (b) of this Code section, the following individuals shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00:
(1) A person that exchanges or offers to exchange saw palmetto berries for money or any other valuable consideration with a saw palmetto berry dealer or seller without first obtaining and presenting to the saw palmetto dealer or seller a certificate of harvest as required by subsection (a) of Code Section 12-6-252; (2) A person that harvests saw palmetto berries without first obtaining a landowner's certificate of harvest as required by subsection (b) of Code Section 12-6-252; and (3) A saw palmetto berry dealer or seller that purchases saw palmetto berries without first obtaining a landowner's certificate of harvest as required by subsection (b) of Code Section 12-6-252. (4) A person who knowingly possesses saw palmetto berries harvested in violation of this article. (b)(1) Except as otherwise provided in paragraph (2) of this subsection, when an individual knowingly engages in any of the activities prohibited in paragraphs (1) through (3) of subsection (a) of this Code section and the value of the saw palmetto

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berries exchanged, sold or offered for sale, harvested, or purchased is less than $1,500.00, such individual shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not less than the value of the saw palmetto berries exchanged, sold or offered for sale, harvested, or purchased, but no more than $1,000.00, or confinement for up to 12 months in jail, or both. (2) When an individual knowingly engages in any of the activities prohibited in paragraphs (1) through (3) of subsection (a) of this Code section and the value of the saw palmetto berries exchanged, sold or offered for sale, harvested, or purchased is $1,500.00 or more, such individual shall be guilty of a felony and, upon conviction thereof, shall be punished by not less than the greater of $1,500.00 or the value of the saw palmetto berries exchanged, sold or offered for sale, harvested, or purchased, but neither less than $1,500.00 nor more than $5,000.00, or by imprisonment for not more than three years, or both. (c) When a person who knowingly provides false information in executing the statement required by paragraph (5) of subsection (a) of Code Section 12-6-253, the person commits the offense of false swearing within the meaning of Code Section 16-10-71. Such person shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years, or both. (d) A person convicted pursuant to this Code section may, in addition to any fines levied against such person, be ordered to make restitution to the landowner in an amount equal to the value of the saw palmetto berries unlawfully harvested."

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 August 5, 2020.

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STATE GOVERNMENT REVENUE AND TAXATION TRANSFER OF "ATL" AUTHORITY TO DEPARTMENT OF TRANSPORTATION FOR ADMINISTRATIVE PURPOSES; POWERS OF AUTHORITY; LOGO; USE OF CONSUMER PRICE INDEX FOR EXCISE TAXES ON MOTOR FUELS.

No. 572 (House Bill No. 511).

AN ACT

To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to transfer the Atlanta-region Transit Link "ATL" Authority to the Department of Transportation for administrative purposes; to provide for definitions; to provide for membership and jurisdiction of the authority; to provide for powers of the authority; to provide for a logo and use of such on transit operator property; to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to levy of excise tax upon motor fuel and rate, taxation of motor fuels not commonly sold or measured by gallon and rate, prohibition of tax on motor fuel by political subdivisions, exception, and exempted sales, so as to provide for the use of the Consumer Price Index in determining an excise tax upon motor fuel; 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 39 of Title 50 of the Official Code of Georgia Annotated, relating to the Atlanta-region Transit Link "ATL" Authority, is amended in Code Section 50-39-2, relating to definitions, by revising paragraph (18) as follows:
"(18) 'Transit' means regular, continuing shared-ride or shared-use surface transportation services that are made available by or funded by a public entity or quasi-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 state agency or authority, a local government, a community improvement district, or any other similar 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 intrafacility or terminal services; limousine carriers; and ride share network services, transportation referral services, and taxi services as such terms are defined in Chapter 1 of Title 40 and which are not paid for by a public entity."

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SECTION 2. Said chapter is further amended in Code Section 50-39-4, relating to membership, structure, operation, appointment of executive director, and annual reporting of the authority, by revising paragraph (1) of subsection (a) and subsections (b), (c), and (i) through (k) as follows:
"(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 chosen by a majority vote of a caucus of the members of the House of Representatives and Senate whose respective districts 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. A majority of eligible caucus members shall constitute a quorum for purposes of any meeting provided for in this Code section. Selection of an individual to serve as an appointee from an authority district shall be chosen by a majority vote of the quorum present at any meeting called in compliance with the notice requirements set forth in this Code section. Beginning in 2021, the respective caucuses appointing board members from the authority districts shall meet during the regular session of the General Assembly immediately preceding the expiration of the term of office of each member appointed by an authority district. All such meetings shall be called by the chairperson of the authority and be held at the state capitol. Notice of such meeting shall be sent by email to all appointing members of any respective caucus at least seven calendar days prior and shall state the time, place, and purpose for such meeting. Voting shall be in person by secret ballot, and use of proxies, teleconference, or other technology where an appointing member is not physically present at such meeting shall be prohibited." "(b) All members of the board and their successors shall each be appointed for terms of four years, except that those members appointed from even-numbered authority districts shall serve an initial term that expires on April 15, 2023, and those members appointed from odd-numbered authority districts shall each serve an initial term that expires on

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April 15, 2021. After such initial 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 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) Vacancies in office of members appointed pursuant to paragraph (3) of subsection (a) of this Code section shall be filled in the same manner as original appointments. If a vacancy in office of a member appointed by an authority district pursuant to paragraph (1) of subsection (a) of this Code section occurs during any regular session of the General Assembly, the election for such vacancy shall be held in the same manner as provided in paragraph (1) of subsection (a) of this Code section. For all other vacancies in office of a member appointed by an authority district, the remainder of the unexpired term shall be filled by a member elected at a meeting called by the chairperson of the authority at a location designated by such chairperson, which shall be at the state capitol or a location within the authority district where such vacancy occurs. Notice of such meeting shall be sent by email to all appointing members of any respective caucus at least seven calendar days prior and shall state the time, place, and purpose for such meeting. 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." "(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 authority is assigned to the Department of Transportation for administrative purposes only. (j) 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."

SECTION 3. Said chapter is further amended in Code Section 50-39-10, relating to uniform operation and jurisdictional issues, by revising paragraph (2) of subsection (a) and paragraph (1) of subsection (b) as follows:
"(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

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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 resolution or 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 resolution or regulation, as a county having excess levels of ozone, carbon monoxide, or particulate matter, provided that the jurisdictional area encompassed under this subparagraph shall 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 three years from the date of such report and certification. Such report and certification shall be updated annually 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."

SECTION 4. Said chapter is further amended in Code Section 50-39-11, relating to general powers of the authority, construction with provisions on coordination and comprehensive planning and service delivery by counties and municipalities, by revising paragraph (11) of subsection (a) as follows:
"(11) To issue guaranteed revenue bonds, revenue bonds, bonds, notes, or other obligations of the authority, to receive payments from the Department of Transportation, and to use the proceeds thereof for the purposes 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

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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;"

SECTION 5. Said chapter is further amended in Code Section 50-39-12, relating to development, review, and amendment of regional transit plan, coordination with federal priorities, and branding, by revising subsection (d) as follows:
"(d) Such plan shall further include the creation of a unified logo and brand to encompass all transit service providers within the jurisdiction of the authority which shall include the acronym 'ATL.' On and after January 1, 2023, all transit service providers within the jurisdiction of the authority shall utilize such logo and brand as a prominent feature upon any property used for the purpose of transit."

SECTION 6. Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to levy of excise tax upon motor fuel and rate, taxation of motor fuels not commonly sold or measured by gallon and rate, prohibition of tax on motor fuel by political subdivisions, exception, and exempted sales, is amended 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, 2025."

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

Approved August 5, 2020.

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PROPERTY PROPERTY OWNERS' ASSOCIATIONS; RESTRICTIONS ON RENTALS.

No. 573 (Senate Bill No. 442).

AN ACT

To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to prohibit amendments to property owners' association instruments and covenants that restrict rental of residential lots and plots; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in Code Section 44-3-226, relating to amendment of instrument and presumption of validity in court action, by revising subsection (a) as follows:
"(a)(1) Except to the extent expressly permitted or required by other provisions of this article, the instrument shall be amended only by the agreement of lot owners of lots to which two-thirds of the votes in the association pertain or such larger majority as the instrument may specify; provided, however, that, during any such time as there shall exist an unexpired option to add any additional property to the property owners' association or during any such time as the declarant has the right to control the association under the instrument, the agreement shall be that of the declarant and the lot owners of lots to which two-thirds of the votes in the association pertain, exclusive of any vote or votes appurtenant to any lot or lots then owned by the declarant, or a larger majority as the instrument may specify. (2) Notwithstanding any other provisions of this subsection:
(A) During such time as the declarant shall own at least one lot primarily for the purpose of sale of such lot, no amendment shall be made to the instrument without the written agreement of the declarant if such amendment would impose a greater restriction on the use or development by the declarant of the lot or lots owned by the declarant; and (B) No amendment shall be made to the instrument so as to prohibit or restrict a nonowner occupied lot from continuing to be leased or rented for an initial term of six months or longer pursuant to the preamended instrument; provided, however, that upon the conveyance for value of such lot, such lot shall be made to conform to the instrument as amended. For purposes of this subparagraph, the term 'conveyance for value' means any transfer of the lot for consideration in the amount of $100.00 or more

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or any transfer of an interest in the entity that owns the lot for consideration in the amount of $100.00 or more."

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

Approved August 5, 2020.

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DEBTOR AND CREDITOR EDUCATION GARNISHMENT PROCEDURES.

No. 574 (Senate Bill No. 443).

AN ACT

To amend Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, so as to revise procedures for garnishment proceedings; to provide for uniform procedures for garnishment actions; to provide definitions; to limit the maximum part of disposable earnings subject to garnishment in relation to certain educational or student loans; to provide a fixed time for continuous garnishments; to provide for voluntary reductions of payments; to provide for litigation procedures for parties to garnishment actions; to provide procedures for default judgments; to provide for the disbursement of funds; to provide procedural forms for garnishment; to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to provide for cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, is amended by adding a new paragraph to Code Section 18-4-1, relating to definitions, to read as follows:
"(7) 'Statutory overnight delivery' shall have the same meaning as defined in Code Section 9-10-12."

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SECTION 2. Said chapter is further amended by revising subsections (c) and (d) of Code Section 18-4-2, relating to uniform procedures for garnishment, entitlement to procedures, application of the Civil Practice Act, and amendment, as follows:
"(c) Except as otherwise provided in this chapter, Chapter 11 of Title 9 shall apply in garnishment proceedings in the state courts and superior courts of this state. (d) Any affidavit, garnishee answer, or pleading required or permitted by this chapter shall be amendable at any time before judgment is entered or before money or other property subject to garnishment is distributed by the court; however, no person or entity not named as garnishee in the original affidavit of garnishment filed in an action may be added as a garnishee by any amendment in such action absent a showing that any such amendment is done to correct or clarify the identity of an originally named garnishee."

SECTION 3. Said chapter is further amended by adding a new subsection to Code Section 18-4-3, relating to affidavit and requirements and summons of garnishment, to read as follows:
"(e) The amount remaining due on a judgment may include, at the election of the plaintiff, any and all unrecovered filing and service fees paid to a court of this state, or to any sheriff, marshal, constable, or other such person authorized by law to serve process, for previous garnishment actions based on such judgment."

SECTION 4. Said chapter is further amended by revising subsections (b) and (c) Code Section 18-4-4, relating to process of garnishment and period of garnishment, as follows:
"(b) All money or other property of the defendant in the possession or control of the garnishee at the time of service of the summons of garnishment upon the garnishee or coming into the possession or control of the garnishee throughout the garnishment period shall be subject to the process of garnishment, provided that, in the case of collateral securities in the hands of a creditor, such securities shall not be subject to garnishment so long as there is an amount owed, even if not then due, on the debt for which the securities were given as collateral. (c) The garnishment period shall begin on the day of service of the summons of garnishment and, for:
(1) A continuing garnishment, shall include the next 1,095 days; (2) Garnishments, other than a continuing garnishment or continuing garnishment for support, served on a financial institution, shall include the next five days; (3) A continuing garnishment for support, shall remain for so long as the defendant is employed by the garnishee and shall not terminate until the original arrearage is retired; and (4) All other garnishments, shall include the next 29 days."

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SECTION 5. Said chapter is further amended by revising Code Section 18-4-5, relating to maximum part of disposable earnings subject to garnishment and adverse employment action prohibited, as follows:
"18-4-5. (a)(1) For purposes of this subsection, a "private student loan" shall be defined as an educational or student loan for postsecondary educational expenses but not a loan guaranteed under 20 U.S.C. Section 1070, et seq. (2) Subject to the limitations set forth in Code Sections 18-4-6 and 18-4-53, the maximum part of disposable earnings for any work week which is subject to garnishment shall not exceed the lesser of: (A) Twenty-five percent of the defendant's disposable earnings for that week or, if the judgment upon which the garnishment is based arose from a private student loan, then 15 percent of the defendant's disposable earnings for that week; or (B) The amount by which the defendant's disposable earnings for that week exceed $217.50. (3) 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. (4) A garnishee in a garnishment action in which the defendant is not an employee of such garnishee subject to federal and state income tax withholding by said garnishee shall be considered to have no knowledge of, nor any obligation to determine, the disposable earnings for such defendant and may, without liability to any party or nonparty, answer the summons without regard for any potential exemptions based on disposable earnings until such garnishee is served with, or consents to, a court order or a filed modification form as described in subsection (d) of this Code section in the pending garnishment action containing an alternative and enabling basis for determining the amount subject to garnishment. (5) A garnishee shall only be deemed to have knowledge that the judgment upon which a garnishment is based arose from a private student loan, and shall only be responsible to adjust any calculation of the amount subject to garnishment accordingly, if the summons of garnishment served by the plaintiff on such garnishee states such information conspicuously on its face or upon service on such garnishee of a court order in the pending garnishment action stating such information.
(b) The limitation on garnishment set forth in subsection (a) of this Code section shall apply although the garnishee may receive a summons of garnishment in more than one garnishment case naming the same defendant unless the garnishee has received a summons of continuing garnishment for support as provided in Article 3 of this chapter. (c) No employer shall discharge an employee by reason of the fact that such employee's earnings have been subjected to garnishment for any one obligation, even though more than one summons of garnishment may be served upon such employer with respect to the obligation.

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(d) The amount to be paid by the garnishee in a continuing garnishment may be voluntarily modified to a lesser amount if the plaintiff and the defendant execute the form provided in Code Section 18-4-90. The form shall be effective only upon:
(1) Filing the fully executed and attested form or a copy thereof in the garnishment court; and (2) Serving the filed form upon the garnishee as provided in Code Section 9-11-4, or, when the garnishment is filed in a magistrate court, by serving the garnishee by using the constable of the magistrate court in the manner set forth in Code Section 9-11-4, or obtaining a written acknowledgment of receipt of service of the form by the garnishee, which may be by, but is not limited to, electronic mail, if the responding representative of the garnishee confirms authority to make such acknowledgment or is an officer or attorney of the garnishee."

SECTION 6. Said chapter is further amended by revising Code Section 18-4-8, relating to required documents and service thereof, as follows:
"18-4-8. (a) The plaintiff shall serve the garnishee, as provided in Code Section 9-11-4, or, when the garnishment is filed in a magistrate court, the plaintiff may serve the garnishee by using the constable of the magistrate court in the manner set forth in Code Section 9-11-4, with a copy of the affidavit of garnishment, summons of garnishment, Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property, and Defendant's Claim Form. The plaintiff shall fill in the style of the case, except for the civil action file number, and the garnishment court information on such notice and claim form. Such notice and claim form are set forth in Code Section 18-4-82.
(b)(1) At any time after filing of an affidavit of garnishment but not more than three business days after service of the summons of garnishment on the garnishee, the plaintiff shall cause a copy of the affidavit of garnishment, a copy of the summons of garnishment, a copy of the Notice to Defendant of Right Against Garnishment of Money, Including Wages, and Other Property, and a copy of the Defendant's Claim Form as described in subsection (a) of this Code section, using one of the following methods:
(A)(i) To be sent to the defendant at the defendant's last known address by: (I) Regular mail; and (II) Registered or certified mail or statutory overnight delivery.
(ii) A certificate of service or any other proof of the sending of the above documents to the defendant, which may include but is not limited to copies of the envelope bearing the official notification from the United States Postal Service of the attempted or actual delivery of such registered or certified mail, the envelope bearing the official notification from a commercial firm of the attempted or actual delivery of such statutory overnight delivery, or a written notice from the United States Postal Service or a commercial firm, including but not limited to printings or reproductions from the

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website of the United States Postal Service or such commercial firm, of the attempted or actual delivery of such registered or certified mail or statutory overnight delivery, shall be filed with the clerk of the court in which the garnishment is pending. (iii) The defendant's actual timely notice of the garnishment or the defendant's refusal to accept or failure to claim such registered or certified mail or statutory overnight delivery addressed to such defendant shall satisfy all other requirements for service of notice in this Code section; (B)(i) To be delivered personally to the defendant by:
(I) An individual who is not a party and is not younger than 18 years of age; (II) An individual who has been appointed by the court to serve process or is a permanent process server; (III) The sheriff of the county where the action is brought or where the defendant is found or by such sheriff's deputy; (IV) The marshal or sheriff of the court or by such official's deputy; (V) The constable of the magistrate court, when the garnishment is filed in a magistrate court, or by the constable's deputy; or (VI) A certified process server as provided in Code Section 9-11-4.1. (ii) A certification by the person making the delivery shall be filed with the clerk of the court in which the garnishment is pending; or (C)(i) When the plaintiff, or plaintiff's attorney, states under oath that the defendant resides out of this state, has departed this state, or after due diligence cannot be found within this state, or has concealed his or her place of residence from the plaintiff, 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. (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. (2) The methods of notification specified in this subsection shall be cumulative and may be used in any sequence or combination. When it appears that a plaintiff has reasonably, diligently, and in good faith attempted to use one method, another method thereafter may be utilized; for the time during which the attempt was being made, the time limit shall be tolled for the subsequent method. (3) No money or other property paid or delivered to the court by the garnishee shall be distributed nor shall any judgment be rendered against the garnishee until: (A) Ten days have elapsed from the date of filing a certificate of compliance with at least one method of notification provided by this subsection; and (B) If a garnishee answer was filed:

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(i) Twenty days have elapsed from the filing of the garnishee's answer without a claim having been filed by any defendant or third party and without a traverse having been filed by the plaintiff; or (ii) All traverses filed prior to the twenty-first day from the filing of the garnishee's answer have been adjudicated and all claims have been adjudicated."

SECTION 7. Said chapter is further amended by revising Code Section 18-4-9, relating to periodic summonses and original filing date limiting extension, as follows:
"18-4-9. (a) Summonses of garnishment may issue from time to time until the judgment is paid or the garnishment proceeding is otherwise terminated. (b) Except in a continuing garnishment or continuing garnishment for support, 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 from such original filing date and provided that no unadjudicated claims, traverses, appeals, motions, or other pleadings remain before the court, the garnishment proceeding, other than a continuing garnishment or continuing garnishment for support, 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. In the event funds remain in the registry at such time and the plaintiff has filed its certificate of compliance pursuant to subparagraph (b)(3)(A) of Code Section 18-4-8 and has made its application for disbursement, all such funds will be deemed abandoned by the defendant and disbursed to the plaintiff, notwithstanding any other provision of this Code section."

SECTION 8. Said chapter is further amended by revising subsection (b) of and by adding a new subsection to Code Section 18-4-10, relating to responses by garnishee and judgment by default, as follows:
"(b) The summons of garnishment shall be directed to the garnishee, commanding the garnishee to respond and state what money or other property is subject to garnishment. Except as provided in subsection (c) of this Code section and Articles 2 and 3 of this chapter, the garnishee's answer shall be filed with the court issuing the summons not sooner than 30 days and not later than 45 days after service of the summons, and the money or other property subject to garnishment shall be sent to or delivered to the court concurrently with the sending or filing of such garnishee's answer." "(d) When the garnishee is a financial institution and the garnishment is pursuant to Article 2 or 3 of this chapter, any accounts of the defendant shall be subject to the process of garnishment only for the garnishment period described in paragraph (2) of subsection (c) of Code Section 18-4-4, and any funds due to be paid to the garnishment court through

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such garnishment period may be held and delivered with the first garnishee answer pursuant to Code Section 18-4-42."

SECTION 9. Said chapter is further amended by revising subsection (a) of and by adding a new subsection to Code Section 18-4-11, relating to garnishee answer and property located in area with restricted access, as follows:
"(a) Within the time prescribed by Code Section 18-4-10, the garnishee shall file a garnishee answer. Concurrently with the garnishee's answer, the garnishee shall send or deliver to the court the money or other property admitted in the garnishee's answer to be subject to garnishment except, when the conditions of subsection (d) of Code Section 18-4-5 have been satisfied, the specified amounts of money in each answer shall, instead, be paid directly to the plaintiff." "(f) A garnishee may elect to file, and a court shall not reject, a physical answer or answers of garnishment even in courts otherwise subject to electronic filing requirements."

SECTION 10. Said chapter is further amended by revising Code Section 18-4-12, relating to entity as garnishee, as follows:
"18-4-12. (a) When a garnishment proceeding is filed in a court under any provision of this chapter involving an entity as garnishee, the execution and filing of a garnishee answer may be done by an entity's authorized officer, employee, or any individual or entity engaged by such garnishee for the purpose of processing payrolls or accounts payable and shall not constitute the practice of law. If a claim or traverse is filed to such entity's garnishee answer in a court of record, an attorney shall be required to represent such entity in further garnishment proceedings. (b) An entity's payment into court of any money or other property of the defendant, or money or other property which is admitted to be subject to garnishment, may be done by an entity's authorized officer, employee, or any individual or entity engaged by such garnishee for the purpose of processing payrolls or accounts payable and shall not constitute the practice of law."

SECTION 11. Said chapter is further amended by revising subsection (d) of Code Section 18-4-14, relating to recovery of reasonable expenses, recovery of actual expenses, and refunds, as follows:
"(d) Nothing in this Code section shall limit the reimbursement of costs incurred by a financial institution as provided in Code Section 7-1-237, nor interfere with, exclude, or supplant any contractual arrangement for a garnishee to reimburse itself for costs or fees of legal processing due to a garnishment."

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SECTION 12. Said chapter is further amended by revising subsections (a) and (d) of and by adding a new subsection to Code Section 18-4-15, relating to parties to garnishment, basis for exemption, form, and challenge to garnishment, as follows:
"(a) A garnishment proceeding is an action between the plaintiff and garnishee; provided, however, that at any time before a judgment is entered, an order to disburse funds is issued, or money or other property subject to garnishment is distributed by the court, whichever occurs first, the defendant may become a party to the garnishment by filing a claim with the clerk of court and may use the form set forth in Code Section 18-4-82. A defendant's claim shall assert the basis upon which he or she claims that his or her money or other property is exempt from garnishment. Money or other property may be exempt from garnishment for a variety of reasons, including, but not limited to, the limitations on garnishment as provided in Code Sections 18-4-5 and 18-4-53, exemptions as provided in Code Section 18-4-6, the plaintiff not having a judgment against the defendant, the amount claimed due by the plaintiff being erroneous, such money or other property being subject to a claim held by a third party that is superior to the judgment described in the affidavit of garnishment, or other legal or statutory defenses. Even when earnings are held at a financial institution, such money may be exempt from garnishment due to the limitations on garnishment as provided in Code Sections 18-4-5 and 18-4-53, exemptions as provided in Code Section 18-4-6, or other reasons." "(d) Except as provided in subsection (h) of this Code section, upon the filing of the defendant's claim, a judge of the court in which the garnishment is pending shall order a hearing to be held not more than ten days from the date the claim is filed. The form for the order for such hearing is set forth in Code Section 18-4-83. Such hearing shall be available to the defendant as a matter of right after filing his or her claim, and no further summons of garnishment shall issue nor shall any money or other property paid or delivered to the court as subject to garnishment be disbursed until the hearing shall be held." "(h) A court may decline to order a hearing upon, and may issue a denial of, any defendant's claim which is filed after the dismissal of a garnishment action against such defendant. Except in a continuing garnishment or continuing garnishment for support, a court may decline to order a hearing upon, and may issue a denial of, any claim filed by a defendant which comes after a judgment is entered, an order to disburse funds is issued, or money or other property subject to garnishment is distributed by the court. No claim may succeed upon any basis which was already raised and adjudicated, or which was capable of being raised and adjudicated, in any claim previously made in the same garnishment action by the same defendant."

SECTION 13. Said chapter is further amended by revising Code Section 18-4-16, relating to plaintiff filing traverse, to read as follows:

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"18-4-16. (a) Within 20 days after the plaintiff has been served with the garnishee's answer, the plaintiff may file a traverse stating that the garnishee's answer is untrue or legally insufficient. Such statement places in issue all questions of law and fact concerning the garnishee's answer. The form for a plaintiff's traverse is set forth in Code Section 18-4-87. (b) The plaintiff may also file a traverse within 30 days after the plaintiff has been served with a garnishee's motion to modify default judgment pursuant to Code Section 18-4-24 or 18-4-43, stating that the motion is untrue or legally insufficient, and by doing so bears the burden of proving that the motion to modify default was not timely, that the costs to accompany such motion were not paid or were paid in an incorrect amount, or that the total of money or property identified in and paid with garnishee's motion to modify as belonging or being owed to the defendant was not correct. The timeliness of the motion to modify, the payment of costs to accompany such motion, and the amount due from garnishee as belonging or being owed to the defendant during the applicable period are the only issues for trial on a traverse pursuant to this subsection. If a garnishee's motion to modify is found to be true and legally sufficient but for payment of costs in an incorrect amount, the court shall allow the garnishee to pay the remaining unpaid cost amount within a time not less than 30 days, shall consider the motion modified accordingly, and upon such payment shall grant the modification sought in said motion."

SECTION 14. Reserved.

SECTION 15. Said chapter is further amended by revising subsections (c) and (d) of Code Section 18-4-19, relating to order of trial, introduction of evidence, and expenses, 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 shall allow the summons of garnishment to be amended to the amount proven to be owed, and if such amount is less than the amount shown to be due by the plaintiff, any money or other property belonging to the defendant in the possession of the court in excess of the amount due shall be restored to the defendant unless another claim or traverse thereto has been filed;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(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: (1) 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 or to the plaintiff; 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; or (2) The plaintiff's traverse lacked reasonable justification, the court shall award the garnishee a judgment against the plaintiff for its attorney's fees incurred in connection with the traverse."

SECTION 16. Said chapter is further amended by revising Code Section 18-4-20, relating to failure to file claim or traverse in timely manner, as follows:
"18-4-20. (a) When no claim has been filed and no traverse has been filed within 20 days after the garnishee's answer is filed:
(1) If money is paid or delivered to the court by the garnishee, the clerk of the court shall pay the money to the plaintiff or the plaintiff's attorney upon application, and the garnishee shall be automatically discharged from further liability with respect to the summons of garnishment so answered; (2) If property is delivered to the court by the garnishee, the sheriff, marshal, constable, or like officer of the court shall sell the property in the manner provided by law for the sale of property levied under an execution, and the garnishee shall be automatically discharged from further liability with respect to the summons of garnishment so answered. The proceeds of such sale shall be paid or delivered to the plaintiff or the plaintiff's attorney upon application; or (3) If money or other property admitted to be subject to the garnishment is not paid or delivered to the court, judgment shall be entered for the plaintiff and against the garnishee for such money or other property and execution shall issue on the judgment. (b) The application described under paragraphs (1) and (2) of subsection (a) of this Code section may be made at any time concurrent with, or following the filing of the garnishment

GEORGIA LAWS 2020 SESSION

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action, and need only be made once in any such action regardless of the number of answers filed."

SECTION 17. Said chapter is further amended by revising Code Section 18-4-23, relating to grounds for relief from liability, as follows:
"18-4-23. (a) A garnishee may be relieved from liability for failure to file a garnishee answer if the plaintiff failed to provide the information required by paragraph (2) of subsection (b) of Code Section 18-4-7 that would reasonably enable the garnishee to respond properly to the summons of garnishment and a good faith effort to locate the requested property was made by the garnishee based on the information provided by the plaintiff. In determining whether a garnishee may be relieved of liability, the court shall consider any information or circumstances, including but not limited to accuracy and quantity of the information supplied by the plaintiff pursuant to paragraph (2) of subsection (b) of Code Section 18-4-7, the manner in which such garnishee maintains and locates its records, the compliance by such garnishee with its own procedures, and the conformity of the record systems and procedures with reasonable commercial standards prevailing in the area in which such garnishee is located. (b) A garnishee shall not be subject to liability to any party or nonparty to the garnishment at issue arising from the attachment of a lien or the freezing, payment, or delivery into court of money or other property reasonably believed to be that of the defendant if such attachment, freezing, payment, or delivery is reasonably required by a good faith effort to comply with the summons of garnishment or with a modification of continuing garnishment by use of the form in Code Section 18-4-90. In determining whether such compliance by a garnishee is reasonable, the court shall consider any information or circumstances, including but not limited to the accuracy and quantity of the information supplied by the plaintiff pursuant to paragraph (2) of subsection (b) of Code Section 18-4-7, the manner in which such garnishee maintains and locates its records, the compliance by such garnishee with its own procedures, and the conformity of the record systems and procedures with reasonable commercial standards prevailing in the area in which such garnishee is located. (c) A plaintiff shall not be subject to liability to any party or nonparty to the garnishment at issue arising from the attachment of a lien or the freezing, payment, or delivery into court of money or other property by a garnishee where the plaintiff's summons of garnishment and any attachments thereto include identifying information reasonably believed to be that of the defendant or defendants in the judgment upon which the garnishment is based. (d) A garnishee shall not be liable to any party or nonparty to the garnishment at issue arising from the attachment of a lien or the freezing, payment, or delivery into court of money or other property where such liability is based on any allegation disputing, or

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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

SECTION 18. Said chapter is further amended by revising Code Section 18-4-24, relating to modification of default judgment, and burden of proof, as follows:
"18-4-24. (a) When a default judgment is rendered against a garnishee under Code Section 18-4-21, 18-4-22, or 18-4-43, the plaintiff shall serve the garnishee, as provided in Code Section 9-11-4, or, when the garnishment is filed in a magistrate court, the plaintiff may serve the garnishee by using the constable of the magistrate court in the manner set forth in Code Section 9-11-4, with a copy of such default judgment. On a motion filed not later than 90 days from the date the garnishee was served with such default judgment, the garnishee may, upon payment of any costs paid by the plaintiff to the clerk of court for the

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initiation of the action, and service on the garnishee, have such default judgment modified so that the amount of such default judgment shall be reduced to an amount equal to $50.00 plus 100 percent of the amount by which the garnishee was indebted to the defendant, including all money or other property belonging to the defendant which came into the garnishee's hands:
(1) For garnishments pursuant to Article 1 of this chapter, from the time of service of the summons of garnishment through and including the last day of the applicable garnishment period, less any exemption allowed the defendant and any funds paid by the garnishee into the court or to the plaintiff during the time for which an answer was due and not filed; or (2) For garnishments pursuant to Articles 2 and 3 of this chapter, from the time of service of the summons of garnishment or from the last timely answer, whichever is later, through and including the last day on which a timely garnishee answer could have been filed, less any exemption allowed the defendant and any funds paid by the garnishee into the court or to the plaintiff during the time for which an answer was due and not filed. (b) On the trial of a motion to modify a default judgment, the burden of proof shall be upon any plaintiff who objects to the timeliness of the motion to establish that such motion was not filed within the time provided for by this Code section."

SECTION 19. Said chapter is further amended by revising Code Section 18-4-40, relating to the right to continuing garnishment process and applicable provisions, as follows:
"18-4-40. (a) In addition to garnishment proceedings otherwise available under this chapter, in all cases when a money judgment was obtained in a court of this state or a federal court or is being enforced in this state as provided in Article 5 of Chapter 12 of Title 9, the 'Uniform Foreign-Country Money Judgments Recognition Act,' or Article 6 of Chapter 12 of Title 9, the 'Uniform Enforcement of Foreign Judgments Law,' a plaintiff shall be entitled to the process of continuing garnishment against any garnishee who is an employer of or under periodic obligations for payment to the defendant against whom the judgment has been obtained. (b) Unless otherwise specifically provided in this article, Article 1 of this chapter shall apply to this article."

SECTION 20. Said chapter is further amended by revising subsection (a) of Code Section 18-4-41, relating to affidavit of continuing garnishment, summons, notice of exemptions, and form, as follows:
"(a) In addition to the information required by subsection (a) of Code Section 18-4-3, an affidavit of continuing garnishment shall state that the plaintiff believes that the garnishee is or may be an employer of or under periodic obligations for payment to the defendant and subject to continuing garnishment."

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SECTION 21. Said chapter is further amended by revising Code Section 18-4-42, relating to filing and contents of summons of continuing garnishment and filing of subsequent answers, as follows:
"18-4-42. (a) As used in this Code section, the term 'previous garnishee answer date' means the date upon which the immediately preceding garnishee answer was filed. (b) If the garnishee owes the defendant any sum for wages earned as the garnishee's employee or any sum for goods or services periodically provided to the garnishee, the garnishee answer shall state specifically when the sum was earned by the defendant, whether the sum was earned on a daily, weekly, or monthly basis, any rate of pay and hours worked, and the basis for computation of earnings. (c) The summons of continuing garnishment shall be directed to the garnishee, commanding and obligating the garnishee:
(1) To file a first garnishee answer with the court issuing such summons not sooner than 30 days and not later than 45 days after service of the summons of continuing garnishment, for the period of time from the date of service through and including the day of the first garnishee answer; (2) To file subsequent garnishee answers with such court for the remaining period covered by the summons of continuing garnishment; and (3) To send any money subject to continuing garnishment concurrently with each garnishee answer. (d) Subsequent garnishee answers shall be filed not later than 45 days after the previous garnishee answer date stating what money of the defendant is subject to continuing garnishment from the previous garnishee answer date through and including the date on which the next garnishee answer is filed. (e) The summons of continuing garnishment shall state that if the garnishee fails to file a garnishee's answer to such summons in a timely manner, a judgment by default shall be entered against the garnishee for the amount remaining due on a judgment as shown in the plaintiff's affidavit of continuing garnishment. (f)(1) If the employment relationship or obligation for periodic payment between the garnishee and the defendant does not exist at the time of service of the summons of continuing garnishment, the garnishee shall state in the garnishee answer that such relationship does not exist and may immediately file the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment. (2) If the employment relationship or obligation for periodic payment between the garnishee and the defendant terminates on or after service of the summons of continuing garnishment, the garnishee shall state in the garnishee answer that such relationship has been terminated, giving the date of termination, and may immediately file the garnishee's answer; provided, however, that such garnishee's answer shall be filed not later than 45

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days after service of the summons of continuing garnishment or 45 days after the previous garnishee answer date, whichever is later. (3) If, on or after service of the summons of continuing garnishment, the most recent two preceding garnishee answers filed at least 30 days apart advise that no payments are owed the defendant, the garnishee may elect to file a final garnishee answer, identified as such; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment or 45 days after the previous garnishee answer date, whichever is later. (g) When a garnishee answer is made pursuant to subsection (f) of this Code section, no claim has been filed, and no traverse has been filed within 20 days after such garnishee answer is served on the plaintiff, the garnishee shall be discharged from further liability and obligation in the same manner as set forth under Code Section 18-4-20 for that summons with respect to the period of continuing garnishment remaining after the employment or periodic payment relationship is terminated, or a final garnishee answer is filed. (h) The form for a garnishee's answer to a continuing garnishment is set forth in Code Section 18-4-86."

SECTION 22. Said chapter is further amended by revising subsection (e) of Code Section 18-4-54, relating to application of money paid into court, additional garnishee answers, and termination, as follows:
"(e) Upon the termination of employment of or periodic obligations for payment to the defendant by the garnishee, the garnishee shall be required to file a final garnishee answer stating the date of the defendant's termination. After any two preceding, timely garnishee answers filed at least 30 days apart advise that no payments are owed the defendant, the garnishee may elect to file a final garnishee answer, identified as such; provided, however, that such garnishee's answer shall be filed not later than 45 days after service of the summons of continuing garnishment or 45 days after the previous garnishee answer date, whichever is later."

SECTION 23. Said chapter is further amended by revising Code Section 18-4-55, relating to termination of continuing garnishment for support and garnishee's reliance upon information in affidavit, as follows:
"18-4-55. The continuing garnishment for support described in this article shall attach for so long as the defendant is employed by or owed periodic payments from the garnishee or a final garnishee answer is served on the plaintiff and not traversed within 20 days and shall not terminate until the original arrearage is retired and all support payments are current. The garnishee may rely upon the information as to the termination date of the duty of support of any individual claimed in the affidavit of continuing garnishment for support, the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

amount of the duty of support to be paid, any sums paid by the defendant between the date of the filing of such affidavit and the date of the initial garnishee answer, and the amount of the original arrearage existing as of the date of such affidavit, unless the defendant files a claim against such affidavit or the garnishee's answer and the court enters any finding otherwise."

SECTION 24. Said chapter is further amended by revising subsection (a) of Code Section 18-4-70, relating to the required use of forms, as follows:
"(a) For the purpose of this chapter, the forms contained in this article shall be required to be used; provided, however, that a party may use its own format so long as it contains all of the information in the form. A defendant may use the form provided in Code Section 18-4-82 to file a claim or may use the defendant's own pleading. When a case involves more than one plaintiff, defendant, or garnishee, or necessitates the inclusion of additional information, the form may be expanded to allow for the information pertaining to all parties and such additional information to be displayed. Each summons of garnishment issued in an action shall display in the caption the name of the garnishee on whom that summons is to be served."

SECTION 25.

Said chapter is further amended by revising Code Section 18-4-72, relating to affidavit of

continuing garnishment, as follows:

"18-4-72.

'IN THE _____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

Plaintiff:

)

______________________________ )

Name

)

)

Plaintiff's contact information:

)

______________________________ )

Name

)

______________________________ ) Civil Action File No.

Street Address

) _______________

______________________________ )

City

State

ZIP Code )

______________________________ )

E-mail Address

)

______________________________ )

Phone Number

)

GEORGIA LAWS 2020 SESSION

707

______________________________ )

Bar Number

)

)

v.

)

)

Defendant:

)

______________________________ )

Name

)

______________________________ )

Street Address

)

______________________________ )

City

State

ZIP Code )

)

Garnishee:

)

______________________________ )

Name

)

______________________________ )

Street Address

)

______________________________ )

City

State

ZIP Code )

AFFIDAVIT OF CONTINUING GARNISHMENT

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

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

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GENERAL ACTS AND RESOLUTIONS, VOL. I

5. The Affiant believes that the Garnishee is an employer of or under periodic obligations for payment of funds to the Defendant.

This __________ day of ____________________, 20____.

__________________ Affiant
__________________ Print name of Affiant

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

SECTION 26.

Said chapter is further amended by revising Code Section 18-4-73, relating to affidavit of

continuing garnishment for support, as follows:

"18-4-73.

'IN THE _____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

Plaintiff:

)

______________________________ )

Name

)

)

Plaintiff's contact information:

)

______________________________ )

Name

)

______________________________ ) Civil Action File No.

Street Address

) _______________

______________________________ )

City

State

ZIP Code )

______________________________ )

E-mail Address

)

______________________________ )

Phone Number

)

______________________________ )

Bar Number

)

)

v.

)

GEORGIA LAWS 2020 SESSION

709

)

Defendant:

)

______________________________ )

Name

)

______________________________ )

Street Address

)

______________________________ )

City

State

ZIP Code )

)

Garnishee:

)

______________________________ )

Name

)

______________________________ )

Street Address

)

______________________________ )

City

State

ZIP Code )

AFFIDAVIT OF CONTINUING GARNISHMENT FOR SUPPORT

Personally appeared ______________________________, who on oath says:

(Print name)

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

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

in the _______________ Court of ______________ County, ____________________,

State

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

currently.

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

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

support and provides the following information:

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

execution of this affidavit.

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

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

of periodic support for multiple obligees as follows:

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

Name of obligee

_________________________, and __________________________. Such periodic

Name of obligee

Name of obligee

support is payable on a _____________________ basis.

E.g., weekly, monthly

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GENERAL ACTS AND RESOLUTIONS, VOL. I

The termination date of the obligation for periodic support is __________________. Date
B. G Periodic support is owed for multiple obligees, and the judgment sets forth a different amount of periodic support for each obligee as follows: $ __________ is the total amount of periodic support due for ____________________,
Name of obligee payable on a __________________________ basis, and the termination date of such
E.g., weekly, monthly obligation is _________________________.
Date $ __________ is the total amount of periodic support due for ____________________,
Name of obligee payable on a __________________________ basis, and the termination date of such
E.g., weekly, monthly obligation is _________________________.
Date

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

This __________ day of ____________________, 20____.

___________________ Affiant
___________________ Print name of Affiant

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

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SECTION 27.

Said chapter is further amended by revising Code Section 18-4-74, relating to summons of

garnishment, as follows:

"18-4-74.

'IN THE _____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

Plaintiff:

)

______________________________ )

Name

)

)

Plaintiff's contact information:

)

______________________________ )

Name

)

______________________________ )

Civil Action File No.

Street Address

)

_______________

______________________________ )

City

State

ZIP Code )

______________________________ )

E-mail Address

)

______________________________ )

Phone Number

)

______________________________ )

Bar Number

)

)

v.

)

)

Defendant:

) Garnishment Court information:

______________________________ ) ______________________________

Name

) Street Address

______________________________ ) _____________, Georgia _________

Street Address

) City

ZIP Code

______________________________ ) ______________________________

City

State

ZIP Code ) Phone Number

)

Garnishee:

)

______________________________ )

Name

)

______________________________ )

Street Address

)

712

GENERAL ACTS AND RESOLUTIONS, VOL. I

______________________________ )

City

State

ZIP Code )

SUMMONS OF GARNISHMENT

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

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

COURT OF JUDGMENT _______________________________________________ JUDGMENT CASE NO. ________________________________________________

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

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

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

WITNESS, the Honorable ________________________, Judge of said Court.

This ____ day of ________________________________, 20______.

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

SECTION 28.

Said chapter is further amended by revising Code Section 18-4-76, relating to summons of

garnishment on financial institutions, as follows:

"18-4-76.

'IN THE _____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

Plaintiff:

)

______________________________ )

Name

)

)

Plaintiff's contact information:

)

______________________________ )

Name

)

______________________________ )

Civil Action File No.

Street Address

)

_______________

______________________________ )

City

State

ZIP Code )

______________________________ )

E-mail Address

)

______________________________ )

Phone Number

)

______________________________ )

Bar Number

)

)

v.

)

)

Defendant:

) Garnishment Court information:

______________________________ ) ________________________________

714

GENERAL ACTS AND RESOLUTIONS, VOL. I

Name

______________________________

Street Address

______________________________

City

State

ZIP Code

Garnishee:

______________________________

Name

______________________________

Street Address

______________________________

City

State

ZIP Code

) Street Address

) _____________, Georgia___________

) City

ZIP Code

) ________________________________

) Phone Number

)

)

)

)

)

)

)

)

SUMMONS OF GARNISHMENT ON A FINANCIAL INSTITUTION

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

G Check this box if other allegations are made against a nonjudgment Defendant pursuant to O.C.G.A. 18-4-23. G Check this box if this is a garnishment for child support or alimony.

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

COURT OF JUDGMENT ________________________________________________ JUDGMENT CASE NO. _________________________________________________

YOU ARE HEREBY COMMANDED to immediately hold all money, including wages, and other property, except what is known to be exempt, including property in safe-deposit boxes or similar property that you hold, belonging to the Defendant named above beginning on the day of service of this summons and including the next five days. You are FURTHER COMMANDED to file your answer, in writing, not sooner than five days and not later than 15 days after the date you were served with this summons, with the Clerk of

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this Court and serve a copy of your answer upon the Plaintiff or Plaintiff's Attorney named above and the Defendant named above, or the Defendant's Attorney, if known, at the time of making such answer. Your answer shall state what money, including wages, or other property, except what is known to be exempt, belonging to the Defendant you hold beginning on the day of service of this summons and including the next five days. Money, including wages, or other property admitted in an answer to be subject to garnishment must be sent or delivered to the Court concurrently with your answer.

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

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

WITNESS, the Honorable ________________________, Judge of said Court.

This ____ day of ________________________________, 20______.

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

SECTION 29.

Said chapter is further amended by revising Code Section 18-4-78, relating to summons of

continuing garnishment, as follows:

"18-4-78.

'IN THE _____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

Plaintiff:

)

______________________________ )

Name

)

)

716

GENERAL ACTS AND RESOLUTIONS, VOL. I

Plaintiff's contact information:

______________________________

Name

______________________________

Street Address

______________________________

City

State

ZIP Code

______________________________

E-mail Address

______________________________

Phone Number

______________________________

Bar Number

v.

Defendant:

______________________________

Name

______________________________

Street Address

______________________________

City

State

ZIP Code

Garnishee:

______________________________

Name

______________________________

Street Address

______________________________

City

State

ZIP Code

)

)

)

)

Civil Action File No.

)

__________________

)

)

)

)

)

)

)

)

)

)

)

) Garnishment Court information:

) _________________________________

)

Street Address

) _____________, Georgia _________

) City

ZIP Code

) ______________________________

) Phone Number

)

)

)

)

)

)

)

)

SUMMONS OF CONTINUING GARNISHMENT

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

COURT OF JUDGMENT ________________________________________________ JUDGMENT CASE NO. _________________________________________________

GEORGIA LAWS 2020 SESSION

717

YOU ARE HEREBY COMMANDED to immediately hold all money, including wages, and other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant named above beginning on the day of service of this summons and including the next 1,095 days. You are FURTHER COMMANDED to file your answer, in writing, not later than 45 days from the date you were served with this summons, with the Clerk of this Court and serve a copy of your answer upon the Plaintiff or Plaintiff's Attorney named above and the Defendant named above, or the Defendant's Attorney, if known, at the time of making such answer. Your answer shall state what money, including wages, or other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you hold or owe beginning on the day of service of this summons and between the time of such service and the time of making your first answer. Thereafter, you are required to file further answers no later than 45 days after your last answer. Every further answer shall state what money, including wages, and other property, except what is known to be exempt, belonging to the Defendant or obligations owed to the Defendant you hold or owe at and from the time of the last answer to the time of the current answer. YOU MUST FILE ADDITIONAL ANSWERS UNTIL THE SOONER OF: THE PAYMENT OF THE BALANCE SHOWN ON THE SUMMONS OF GARNISHMENT, THE EXPIRATION OF 1,095 DAYS, OR THE TERMINATION OF ANY RELATIONSHIP BETWEEN GARNISHEE AND DEFENDANT WHICH INCLUDES PERIODIC PAYMENT OBLIGATIONS FROM GARNISHEE TO DEFENDANT. Money, including wages, or other property admitted in an answer to be subject to continuing garnishment must be sent or delivered to the Court concurrently with each answer.
Should you fail to file Garnishee Answers as required by this summons, a judgment by default will be rendered against you for the amount remaining due on a judgment as shown in the Plaintiff's Affidavit of Continuing Garnishment.
WITNESS, the Honorable ________________________, Judge of said Court.
This ____ day of ________________________________, 20______. ________________________, Clerk of Court By: _________________________________ Deputy Clerk, ____________________ Court'"
SECTION 30. Said chapter is further amended by revising Code Section 18-4-80, relating to summons of continuing garnishment for support, as follows:

718

GENERAL ACTS AND RESOLUTIONS, VOL. I

"18-4-80.

'IN THE _____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

Plaintiff:

)

______________________________ )

Name

)

)

Plaintiff's contact information:

)

______________________________ )

Name

)

______________________________ )

Civil Action File No.

Street Address

)

_________________

______________________________ )

City

State

ZIP Code )

______________________________ )

E-mail Address

)

______________________________ )

Phone Number

)

______________________________ )

Bar Number

)

)

v.

)

)

Defendant:

) Garnishment Court information:

______________________________ ) ______________________________

Name

) Street Address

______________________________ ) _____________, Georgia _________

Street Address

) City

ZIP Code

______________________________ ) ______________________________

City

State

ZIP Code ) Phone Number

)

Garnishee:

)

______________________________ )

Name

)

______________________________ )

Street Address

)

______________________________ )

City

State

ZIP Code )

GEORGIA LAWS 2020 SESSION

719

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

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

COURT OF JUDGMENT ________________________________________________ JUDGMENT CASE NO. _________________________________________________

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

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

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

720

GENERAL ACTS AND RESOLUTIONS, VOL. I

By: _________________________________ Deputy Clerk, ____________________ Court'"

SECTION 30A.

Said chapter is further amended by revising Code Section 18-4-82, relating to 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 )

______________________________ )

Email Address

)

______________________________ )

Phone Number

)

______________________________ )

Bar Number

)

)

v.

)

)

Defendant:

)

______________________________ )

Name

)

______________________________ )

Street Address

)

)

Garnishee:

)

______________________________ )

Name

)

GEORGIA LAWS 2020 SESSION

721

______________________________ )

Street Address

)

______________________________ )

City

State

ZIP Code )

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

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

READ THIS NOTICE CAREFULLY.

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

722

GENERAL ACTS AND RESOLUTIONS, VOL. I

Garnishee's Answer is filed or if you do not mail or deliver a copy of your completed claim form to the Plaintiff and the Garnishee at the addresses listed on this notice.

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

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

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. Exemptions for taxes due on income or earnings not subject to employer withholding. G 12. 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:_________________________________________________________

GEORGIA LAWS 2020 SESSION

723

Email 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

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 31.

Said chapter is further amended by revising Code Section 18-4-84, relating to garnishee

answer, as follows:

"18-4-84.

'IN THE ______ COURT OF __________ COUNTY

STATE OF GEORGIA

)

________________________

)

Plaintiff

)

)

v.

)

Civil Action File No.

)

__________________

________________________

)

Defendant

)

)

________________________

)

Garnishee

)

724

GENERAL ACTS AND RESOLUTIONS, VOL. I

GARNISHEE ANSWER OF

(GARNISHEE)

1. At the time of service or from the time of service to the time of this Garnishee Answer, the Garnishee had in its possession the following described property of the Defendant: ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

2. At the time of service or from the time of service to the time of this Garnishee Answer, all obligations accruing from the Garnishee to the Defendant are in the amount of $___________.

3. $ ________ is the amount herewith paid into court.

4. The Garnishee further states: ___________________________________________.

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

CERTIFICATE OF SERVICE

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

This ______________day of ________________, 20__.

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

SECTION 32. Said chapter is further amended by revising Code Section 18-4-85, relating to financial institution garnishee answer, as follows:

GEORGIA LAWS 2020 SESSION

725

"18-4-85.

'IN THE ______ COURT OF __________ COUNTY

STATE OF GEORGIA

)

________________________

)

Plaintiff

)

)

v.

)

Civil Action File No.

)

__________________

________________________

)

Defendant

)

)

________________________

)

Garnishee

FINANCIAL INSTITUTION GARNISHEE ANSWER OF (GARNISHEE)

1. At the time of service of the Summons of Garnishment on a Financial Institution and including the next five days, the Garnishee had in its possession the following described money and property of the Defendant:
____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 2. $________ is the amount herewith paid into court. 3. G Check this box if the Defendant is not presently an account holder of the Garnishee. 4. The Garnishee further states: ___________________________________________.

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

CERTIFICATE OF SERVICE

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

726

GENERAL ACTS AND RESOLUTIONS, VOL. I

This ______________day of ________________, 20__.

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

SECTION 33.

Said chapter is further amended by revising Code Section 18-4-86, relating to garnishee

answer to continuing garnishment, as follows:

"18-4-86.

'IN THE ______ COURT OF __________ COUNTY

STATE OF GEORGIA

)

________________________

)

Plaintiff

)

)

v.

)

Civil Action File No.

)

__________________

________________________

)

Defendant

)

)

________________________

)

Garnishee

)

GARNISHEE ANSWER OF

(GARNISHEE) TO CONTINUING

GARNISHMENT

1. From the time of service of the Summons of Continuing Garnishment, if this is the first Garnishee Answer to such summons, otherwise from the time of the last Garnishee Answer to the Summons of Continuing Garnishment until the time of this Garnishee Answer, the Garnishee had in the Garnishee's possession the following described property of the Defendant: ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

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

GEORGIA LAWS 2020 SESSION

727

Answer, all obligations accruing from the Garnishee to the Defendant are in the amount of $___________.

3. $___________ of the amount named in paragraph 2 were wages earned at the rate of $____________ per __________ for the period beginning ________________, 20____,
Date through the time of making this Garnishee Answer. The amount of wages which is subject to this garnishment is computed as follows:
$ ________ Gross earnings $ ________ Total social security and withholding tax and other mandatory deductions required by law $ ________ Total disposable earnings $ ________ Amount of wages subject to garnishment.

4. $ ________ is the amount herewith paid into court.

5. G Check this box if the Defendant is not presently employed by or owed periodic payments by the Garnishee.

6. G Check this box if the Defendant was employed by or owed periodic payments by the Garnishee on or after service of the Summons of Continuing Garnishment but was terminated as of _________________, 20____.
Date

7. G Check this box if this is the last Garnishee Answer this Garnishee is required to file to the presently pending Summons of Garnishment in the above-styled case.

8. The Garnishee further states: __________________________________________.

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

CERTIFICATE OF SERVICE

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

728

GENERAL ACTS AND RESOLUTIONS, VOL. I

This ______________day of ________________, 20__.

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

SECTION 34.

Said chapter is further amended by revising Code Section 18-4-87, relating to plaintiff's

traverse, as follows:

"18-4-87.

'IN THE ____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

________________________

)

Plaintiff

)

)

v.

)

Civil Action File No.

)

__________________

________________________

)

Defendant

)

)

________________________

)

Garnishee

)

PLAINTIFF'S TRAVERSE

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

_____________________________ Plaintiff or Plaintiff's Attorney

CERTIFICATE OF SERVICE

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

GEORGIA LAWS 2020 SESSION

729

This ______________day of ________________, 20__.

_________________________________ Plaintiff or Plaintiff's Attorney'"

SECTION 35.

Said chapter is further amended by adding a new Code section to read as follows:

"18-4-90.

'IN THE ____________ COURT OF __________ COUNTY

STATE OF GEORGIA

)

________________________

)

Plaintiff

)

)

v.

)

Civil Action File No.

)

__________________

________________________

)

Defendant

)

)

________________________

)

Garnishee

)

MODIFICATION OF CONTINUING GARNISHMENT

To: __________ Garnishee This is to notify you that the undersigned Plaintiff and Defendant have agreed to a modification of the above-styled garnishment action. Upon receipt of service of a legible copy of this document, stamped by the garnishment court, with the signatures of both Plaintiff and Defendant affixed and fully notarized, the Summons of Garnishment served upon you in this action is superseded as follows: you are commanded instead to make the following deduction from all obligations owed to the Defendant during the remaining garnishment period of the above-styled garnishment action:

1) The sum of $___________ per week/two weeks/month/paycheck (circle one); 2) ________ % of the disposable income of Defendant; or 3) ________ % of the gross amount due the Defendant for _________ (state payment basis, e.g., invoice, monthly draw, all goods and services, etc.).

730

GENERAL ACTS AND RESOLUTIONS, VOL. I

You are authorized and instructed to deliver such amount(s) to Plaintiff directly, by any electronic or other mechanism provided to you by Plaintiff if acceptable to you, or payable and addressed to: ______________________________(Plaintiff or attorney/firm name) ______________________________(Plaintiff or attorney street address) ______________________________(Plaintiff or attorney city, state, ZIP Code)

This Modification does not terminate the garnishment action, nor does it relieve you of the obligation to file answers of garnishment with the garnishment court and to serve such answers on the Plaintiff and Defendant within the times and in the manner prescribed by law.

This Modification is effective only upon service on you of a file-stamped copy of same.

Agreed to by:

Sign:

Sign:

Print:

Title (if any)

Plaintiff

Executed before me by

______day of

, 20

Notary Public/Clerk

Print:

Title (if any)

Defendant or Representative/Attorney

, this

Executed before me by

, this

________day of

, 20

Notary Public/Clerk"

SECTION 36. Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, is amended by revising subsection (c) of Code Section 20-3-236, relating to powers and duties of commission, board of commissioners, and officers, confidentiality, and repayments and refunds, as follows:
"(c) Except as prohibited by federal or state law and as limited by paragraph (1) of subsection (a) of Code Section 18-4-5, individuals who owe any amount to the commission relating to any scholarship or grant made by the commission, including repayments and refunds, are, without judicial action, subject to garnishment of their pay, loss of a professional license, offset of lottery winnings, and offset of a state tax refund in accordance with rules and regulations promulgated by the commission. As used in this subsection, the term 'refund' means scholarship and grant amounts paid to or on behalf of individuals, in accordance with rules and regulations promulgated by the commission, subsequently determined to be ineligible to receive such scholarship and grant amounts.

GEORGIA LAWS 2020 SESSION

731

The remedies set forth in this subsection shall be in addition to all other remedies available at law and in equity."

SECTION 37. Said article is further amended by revising subsection (c) of Code Section 20-3-316, relating to powers and duties of authority, employees' functions, servicing of educational loans, registration with Selective Service System, conflicts with federal or other state law, and confidentiality, as follows:
"(c) Except as prohibited by federal or state law and as limited by paragraph (1) of subsection (a) of Code Section 18-4-5, individuals who owe any amount to the authority relating to any loan, scholarship, or grant made by the authority, including loan repayments and refunds, are, without judicial action, subject to garnishment of their pay, loss of a professional license, offset of lottery winnings, and offset of a state tax refund in accordance with rules and regulations promulgated by the authority. As used in this subsection, the term 'refund' means scholarship and grant amounts paid to or on behalf of individuals, in accordance with rules and regulations promulgated by the authority, subsequently determined to be ineligible to receive such scholarship and grant amounts. The remedies set forth in this subsection shall be in addition to all other remedies available at law and in equity."

SECTION 38. All laws and parts of laws in conflict with this Act are repealed.

Approved August 5, 2020.

__________

MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS CERTAIN STATE EMPLOYEES GRANTED LEAVE WITH PAY TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES.

No. 575 (House Bill No. 487).

AN ACT

To amend Article 6 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the Disaster Volunteer Relief Act, so as to authorize certain employees of state agencies to be granted leave from work with pay in order to participate in specialized disaster relief services; to provide for a short title; to repeal conflicting laws; and for other purposes.

732

GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Robert Argo Disaster Volunteer Relief Act."

SECTION 2. Article 6 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the Disaster Volunteer Relief Act, is amended by revising Code Section 38-3-93, relating to authorizing certain employees of state agencies to be granted leave from work with pay in order to participate in specialized disaster relief services, as follows:
"38-3-93. (a) An employee of a state agency who is a certified disaster service volunteer of the American Red Cross may be granted leave from his or her work with pay for no more than 15 workdays in any 12 month period to participate in specialized disaster relief services for the American Red Cross, upon the request of the American Red Cross for the services of that employee and upon the approval of that employee's agency and coordinated through the director of emergency management, without loss of seniority, pay, vacation time, compensatory time, sick time, or earned overtime accumulation. The state agency shall compensate an employee granted leave under this Code section at his or her regular rate of pay for those regular hours during which the employee is absent from work. Leave under this article shall be granted only for the services related to a disaster occurring within this state or in a contiguous state which has a reciprocal statutory provision. (b) An employee of a state agency who is a certified disaster service volunteer of the Civil Air Patrol Auxiliary of the United States Air Force may be granted leave from his or her work with pay for no more than 15 workdays in any 12 month period to participate in specialized emergency services operations for the Civil Air Patrol Auxiliary of the United States Air Force, upon the request of the Civil Air Patrol Auxiliary of the United States Air Force after being activated by a county emergency management agency, the Georgia Emergency Management and Homeland Security Agency, or a comparable federal agency for the services of that employee and upon the approval of that employee's agency and coordinated through the director of emergency management, without loss of seniority, pay, vacation time, compensatory time, sick time, or earned overtime accumulation. This provision applies only to service rendered on a numbered mission in support of a county emergency management agency, the Georgia Emergency Management and Homeland Security Agency, or a comparable federal agency. The state agency shall compensate an employee granted leave under this Code section at his or her regular rate of pay for those regular hours during which the employee is absent from work. Leave under this article shall be granted only for the services related to a disaster occurring within this state or in a contiguous state which has a reciprocal statutory provision."

GEORGIA LAWS 2020 SESSION

733

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

Approved August 5, 2020.

PROPERTY EFFECT OF WAIVER AND RELEASE OF LIEN AND BOND RIGHTS; FORMS.
No. 576 (Senate Bill No. 315).
AN ACT
To amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, so as to provide that a waiver and release of lien and bond rights shall only be applicable to the issues of the waiver and release and shall not affect any other rights or remedies available under the law; to revise language and appearance requirements of statutory forms; to revise procedures; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen, is amended by revising Code Section 44-14-366, relating to waiver of lien or claim upon bond in advance of furnishing labor, services, or materials void, interim waiver and release upon payment, unconditional waiver and release upon final payment, and affidavit of nonpayment, as follows:
"44-14-366. (a) Waivers and releases provided for under this Code section shall be limited to waivers and releases of lien and labor or material bond rights and shall not be deemed to affect any other rights or remedies of the claimant. (b) A right to claim a lien or to claim upon a bond may not be waived in advance of furnishing of labor, services, or materials. Any purported waiver or release of lien or bond claim or of this Code section executed or made in advance of furnishing of labor, services, or materials is null, void, and unenforceable. (c) No oral or written statement by the claimant purporting to waive, release, impair, or otherwise adversely affect a lien or bond claim is enforceable or creates an estoppel or impairment of claim of lien or claim upon a bond unless:

734

GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) It is pursuant to a waiver and release form duly executed by the claimant prescribed below; and (2) The claimant has received payment for the claim as set forth in subsection (g) of this Code section. (d) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment other than final payment, the waiver and release shall substantially follow the language of the following form, be in at least 12 point font, and need not be in boldface capital letters, and the priority of such claimant's lien rights, except as to retention, shall upon such payment thereafter run from the day after the date specified in such Waiver and Release of Lien and Payment Bond Rights Upon Interim Payment form:

'WAIVER AND RELEASE OF LIEN AND PAYMENT BOND RIGHTS UPON INTERIM PAYMENT

STATE OF GEORGIA COUNTY OF __________

THE UNDERSIGNED MECHANIC AND/OR MATERIALMAN HAS BEEN EMPLOYED BY _______________________ (NAME OF CONTRACTOR) TO FURNISH _______________________ (DESCRIBE MATERIALS AND/OR LABOR) FOR THE CONSTRUCTION OF IMPROVEMENTS KNOWN AS _______________________ (TITLE OF THE PROJECT OR BUILDING) WHICH IS LOCATED IN THE CITY OF _________________, COUNTY OF _____________, AND IS OWNED BY _______________________ (NAME OF OWNER) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) UPON THE RECEIPT OF THE SUM OF $__________, THE MECHANIC AND/OR MATERIALMAN WAIVES AND RELEASES ANY AND ALL LIENS OR CLAIMS OF LIENS IT HAS UPON THE FOREGOING DESCRIBED PROPERTY OR ANY RIGHTS AGAINST ANY LABOR AND/OR MATERIAL BOND THROUGH THE DATE OF _______________________ (DATE) AND EXCEPTING THOSE RIGHTS AND LIENS THAT THE MECHANIC AND/OR MATERIALMAN MIGHT HAVE IN ANY RETAINED AMOUNTS, ON ACCOUNT OF LABOR OR MATERIALS, OR BOTH, FURNISHED BY THE

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UNDERSIGNED TO OR ON ACCOUNT OF SAID CONTRACTOR FOR SAID BUILDING OR PREMISES.

GIVEN UNDER HAND AND SEAL THIS ______ DAY OF ______________, ____.

_______________________ (WITNESS)
_______________________ (ADDRESS)

__________________ (SEAL) _________________________

NOTICE: WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE CONCLUSIVELY DEEMED TO HAVE WAIVED AND RELEASED ANY AND ALL LIENS AND CLAIMS OF LIENS UPON THE FOREGOING DESCRIBED PROPERTY AND ANY RIGHTS REGARDING ANY LABOR OR MATERIAL BOND REGARDING THE SAID PROPERTY TO THE EXTENT (AND ONLY TO THE EXTENT) SET FORTH ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED SUCH PAYMENT, 90 DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE AN AFFIDAVIT OF NONPAYMENT PRIOR TO THE EXPIRATION OF SUCH 90 DAY PERIOD. THE FAILURE TO INCLUDE THIS NOTICE LANGUAGE ON THE FORM SHALL RENDER THE FORM UNENFORCEABLE AND INVALID AS A WAIVER AND RELEASE UNDER O.C.G.A. 44-14-366.' Provided, however, that the failure to correctly complete any of the blank spaces in the above form shall not invalidate said form so long as the subject matter of said release may reasonably be determined. (e) When a claimant is requested to execute a waiver and release in exchange for or in order to induce making of final payment, the waiver and release shall substantially follow the language of the following form, be in at least 12 point font, and need not be in boldface capital letters:

'WAIVER AND RELEASE OF LIEN AND PAYMENT BOND RIGHTS UPON FINAL PAYMENT

STATE OF GEORGIA COUNTY OF __________

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THE UNDERSIGNED MECHANIC AND/OR MATERIALMAN HAS BEEN EMPLOYED BY _______________________ (NAME OF CONTRACTOR) TO FURNISH _______________________ (DESCRIBE MATERIALS AND/OR LABOR) FOR THE CONSTRUCTION OF IMPROVEMENTS KNOWN AS _______________________ (TITLE OF THE PROJECT OR BUILDING) WHICH IS LOCATED IN THE CITY OF _________________, COUNTY OF _____________, AND IS OWNED BY _________________________ (NAME OF OWNER) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) UPON THE RECEIPT OF THE SUM OF $__________, THE MECHANIC AND/OR MATERIALMAN WAIVES AND RELEASES ANY AND ALL LIENS OR CLAIMS OF LIENS IT HAS UPON THE FOREGOING DESCRIBED PROPERTY OR ANY RIGHTS AGAINST ANY LABOR AND/OR MATERIAL BOND ON ACCOUNT OF LABOR OR MATERIALS, OR BOTH, FURNISHED BY THE UNDERSIGNED TO OR ON ACCOUNT OF SAID CONTRACTOR FOR SAID PROPERTY.

GIVEN UNDER HAND AND SEAL THIS ______ DAY OF ______________, ____.

_______________________ (WITNESS)
_______________________ (ADDRESS)

__________________ (SEAL) _________________________

NOTICE: WHEN YOU EXECUTE AND SUBMIT THIS DOCUMENT, YOU SHALL BE CONCLUSIVELY DEEMED TO HAVE WAIVED AND RELEASED ANY AND ALL LIENS AND CLAIMS OF LIENS UPON THE FOREGOING DESCRIBED PROPERTY AND ANY RIGHTS REGARDING ANY LABOR OR MATERIAL BOND REGARDING THE SAID PROPERTY TO THE EXTENT (AND ONLY TO THE EXTENT) SET FORTH ABOVE, EVEN IF YOU HAVE NOT ACTUALLY RECEIVED SUCH PAYMENT, 90 DAYS AFTER THE DATE STATED ABOVE UNLESS YOU FILE AN AFFIDAVIT OF NONPAYMENT PRIOR TO THE EXPIRATION OF SUCH 90 DAY PERIOD. THE FAILURE TO

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INCLUDE THIS NOTICE LANGUAGE ON THE FORM SHALL RENDER THE FORM UNENFORCEABLE AND INVALID AS A WAIVER AND RELEASE UNDER O.C.G.A. 44-14-366.' Provided, however, that the failure to correctly complete any of the blank spaces in the above form shall not invalidate said form so long as the subject matter of said release may reasonably be determined. (f) Nothing contained in this Code section shall affect: (1) The enforceability of any subordination of lien rights by a potential lien claimant to the rights of any other party which may have or acquire an interest in all or any part of the real estate, factories, railroads, or other property for which the potential lien claimant has furnished labor, services, or material, even though such subordination is entered into in advance of furnishing labor, services, or material and even though the claimant has not actually received payment in full for its claim; (2) The enforceability of any waiver of lien rights given in connection with the settlement of a bona fide dispute concerning the amount due the lien claimant for labor, services, or material which have already been furnished; (3) The validity of a cancellation or release of a recorded claim of lien or preliminary notice of lien rights; or (4) The provisions of paragraph (2) of subsection (a) of Code Section 44-14-361.2, paragraphs (3) and (4) of subsection (a) and subsections (b) and (c) of Code Section44-14-361.4, or Code Section 44-14-364. (g)(1) When a waiver and release provided for in this Code section is executed by the claimant, it shall be binding against the claimant for purposes of the waiver of lien and labor or material bond rights to the extent stated in the waiver and release, subject only to the provisions of paragraphs (2) and (3) of this subsection. (2) Such lien and labor or material bond waivers and releases shall conclusively be deemed effective upon the earliest to occur of:
(A) Actual receipt of funds in the amount set forth in the waiver and release; (B) Execution by the claimant of a separate written acknowledgment of payment in full; or (C) Ninety days after the date of the execution of the waiver and release, unless prior to the expiration of said 90 day period the claimant files in the county in which the property is located an affidavit of nonpayment, using substantially the language in the following form, where such language shall be in at least 12 point font and need not be in boldface capital letters:

'AFFIDAVIT OF NONPAYMENT UNDER O.C.G.A. 44-14-366

STATE OF GEORGIA COUNTY OF __________

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THE UNDERSIGNED MECHANIC AND/OR MATERIALMAN HAS BEEN EMPLOYED BY ____________________________ (NAME OF CONTRACTOR) TO FURNISH _______________________ (DESCRIBE MATERIALS AND/OR LABOR) FOR THE CONSTRUCTION OF IMPROVEMENTS KNOWN AS _______________________ (TITLE OF THE PROJECT OR BUILDING) WHICH IS LOCATED IN THE CITY OF ______________, COUNTY OF ________, AND IS OWNED BY _______________________ (NAME OF OWNER) AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ (DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) PURSUANT TO O.C.G.A. 44-14-366 THE UNDERSIGNED EXECUTED A LIEN WAIVER AND RELEASE WITH RESPECT TO THIS PROPERTY DATED ______________, ____. THE AMOUNT SET FORTH IN SAID WAIVER AND RELEASE ($______) HAS NOT BEEN PAID IN FULL AND $_________________ OF THE AMOUNT SET FORTH IN SAID WAIVER AND RELEASE REMAINS UNPAID, AND THE UNDERSIGNED HEREBY GIVES NOTICE OF SUCH NONPAYMENT.

THE ABOVE FACTS ARE SWORN TRUE AND CORRECT BY THE UNDERSIGNED, THIS ______ DAY OF ______________, ____.

____________________(SEAL) CLAIMANT'S SIGNATURE

SWORN TO AND EXECUTED IN THE PRESENCE OF: _____________________ WITNESS _____________________ NOTARY PUBLIC
WITHIN SEVEN DAYS OF FILING THIS AFFIDAVIT OF NONPAYMENT, THE FILING PARTY SHALL SEND A COPY OF THE AFFIDAVIT BY REGISTERED OR CERTIFIED MAIL OR STATUTORY OVERNIGHT

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DELIVERY TO THE OWNER OF THE PROPERTY. IF THE FILING PARTY IS NOT IN PRIVITY OF CONTRACT WITH THE PROPERTY OWNER AND A NOTICE OF COMMENCEMENT IS FILED FOR THE IMPROVEMENT ON THE PROPERTY FOR WHICH THE FILING PARTY'S LABOR, SERVICES, OR MATERIALS WERE FURNISHED, A COPY OF THE AFFIDAVIT SHALL BE SENT TO THE CONTRACTOR AT THE ADDRESS SHOWN ON THE NOTICE OF COMMENCEMENT. WHENEVER THE OWNER OF THE PROPERTY IS AN ENTITY ON FILE WITH THE SECRETARY OF STATE'S CORPORATIONS DIVISION, SENDING A COPY OF THE LIEN TO THE COMPANY'S ADDRESS OR THE REGISTERED AGENT'S ADDRESS ON FILE WITH THE SECRETARY OF STATE SHALL BE DEEMED SUFFICIENT.' (3) A claimant who is paid, in full, the amount set forth in the waiver and release form after filing an affidavit of nonpayment shall upon request execute in recordable form an affidavit swearing that payment in full has been received. Upon recordation thereof in the county in which the Affidavit of Nonpayment was recorded, the affidavit of nonpayment to which it relates shall be deemed void. (4) Nothing in this Code section shall shorten the time within which to file a claim of lien. (5) A waiver and release provided in this Code section shall be suspended upon filing of an affidavit of nonpayment until payment in full has been received. (6) The claimant may rely upon the information contained in the waiver and release form when completing for filing the affidavit of nonpayment."

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

Approved August 5, 2020.

__________

CONSERVATION AND NATURAL RESOURCES REPORTING RELEASES OF ETHYLENE OXIDE.

No. 577 (Senate Bill No. 426).

AN ACT

To amend Article 1 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air quality, so as to provide for the reporting of any spill or release of ethylene

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GENERAL ACTS AND RESOLUTIONS, VOL. I

oxide to the Environmental Protection Division of the Department of Natural Resources; to provide for mandatory reporting of any spill or release of ethylene oxide on the division's website; to revise 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 1 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air quality, is amended by revising subsection (a) of Code Section 12-9-7, relating to permit required, application, issuance, revocation, suspension, or amendment, as follows:
"(a)(1) As used in this subsection, the term 'spill or release' shall have the same meaning as set forth in paragraph (10) of Code Section 12-14-1. (2) No person shall, and it shall be unlawful and a violation of this article to, construct, install, modify, own, or operate any facility or stationary source or any equipment, device, article, or process capable of causing or contributing to the emission of air contaminants from such source or facility or designed to prevent air pollution from such facility or source unless permitted by and in compliance with a permit from the director. A permit shall be issued to an applicant on evidence satisfactory to the director of compliance with this article and any standards, limitations, requirements, or rules and regulations pursuant to this article. Notwithstanding any other provision of this article, the director shall not issue a Title V permit to a facility or source if the administrator objects in writing and in a timely manner to the issuance of such permit. (3) As a condition of a permit for operations that include the emission of ethylene oxide, any spill or release of ethylene oxide, regardless of the amount, shall be reported to the division in writing within 24 hours of discovering such spill or release. Any person who violates such reporting requirement shall be subject to penalties under Article 1 of this chapter."

SECTION 2. Code Section 12-9-6, relating to powers and duties of director as to air quality generally, is amended by revising paragraph (8) of subsection (b) as follows:
"(8) To collect and disseminate information and to provide for public notification in matters relating to air quality. The director shall make publicly available on the division's website information regarding any spill or release of ethylene oxide reported to the division pursuant to paragraph (3) of subsection (a) of Code Section 12-9-7;"

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

Approved August 5, 2020.

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CRIMINAL PROCEDURE FAMILY VIOLENCE ARREST REPORTS; TERMINOLOGY.
No. 578 (Senate Bill No. 477).
AN ACT
To amend Code Section 17-4-20.1 of the Official Code of Georgia Annotated, relating to investigation of family violence, preparation of written report, review of report by defendant arrested for family violence, and compilation of statistics, so as to revise the terminology used in determining whom to arrest; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 17-4-20.1 of the Official Code of Georgia Annotated, relating to investigation of family violence, preparation of written report, review of report by defendant arrested for family violence, and compilation of statistics, is amended by revising subsection (b) and paragraph (11) of subsection (c) as follows:
"(b)(1) As used in this subsection, the term 'predominant aggressor' means the individual who poses the most serious, ongoing threat, which may not be the initial aggressor in a specific incident. (2) When complaints of family violence are received from two or more opposing parties, or if both parties have injuries, the officer shall evaluate each complaint separately to attempt to determine who was the predominant aggressor. Such officer shall not threaten, suggest, or otherwise indicate that all parties will be arrested. If such officer determines that one of the parties was the predominant physical aggressor, that person may be arrested. Such officer shall not be required to arrest any other person believed to have committed an act of family violence during the incident. In determining whether a person is a predominant physical aggressor, an officer shall consider all of the following:
(A) Prior family violence involving either party; (B) The relative severity of the injuries inflicted on each person, including whether the injuries are offensive versus defensive in nature; (C) Threats that created the fear of physical injury; (D) The potential for future injury; (E) Whether one of the parties acted in self-defense or in defense of a third party; (F) Prior complaints of family violence; and (G) Whether the person had reasonable cause to believe he or she was in imminent danger of becoming a victim of any act of family violence."

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"(11) Type of police action taken in disposition of case, the reasons for the officer's determination that one party was the predominant physical aggressor, and mitigating circumstances for why an arrest was not made;"

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

Approved August 5, 2020.

__________

STATE GOVERNMENT GEORGIA COMMISSION ON THE HOLOCAUST; REASSIGN FOR ADMINISTRATIVE PURPOSES.

No. 579 (Senate Bill No. 134).

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 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 8 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Commission on the Holocaust, is amended by revising subsection (a) of Code Section 50-12-131, relating to membership, terms, qualifications, officers, quorum, and powers and duties, 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 Board of Regents of the University System of Georgia for administrative purposes only."

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 August 5, 2020.

__________

HEALTH INSURANCE STATE ALL-PAYER CLAIMS DATABASE; CREATE.

No. 580 (Senate Bill No. 482).

AN ACT

To amend Chapter 53 of Title 31 of the Official Code of Georgia Annotated, relating to the Office of Health Strategy and Coordination, so as to provide for a state all-payer claims database; to provide for definitions; to provide for the establishment of an advisory committee; to provide for its composition and duties; to provide for recommendations to the director of health strategy and coordination; to provide for private and public funding of the database; to provide for the objectives of a state all-payer claims database; to provide for the establishment of the Georgia All-Payer Claims Database; to provide for an administrator; to provide for design criteria; to provide for the collection and compilation of health related information; to provide for data submission; to provide for a public website; to provide for an annual report; to provide for rules and regulations; to provide for statutory construction; to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to enumeration of unfair methods of competition and unfair or deceptive acts or practices and penalty, so as to provide that the failure to submit claims data to the Georgia All-Payer Claims Database shall constitute a violation; 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 53 of Title 31 of the Official Code of Georgia Annotated, relating to the Office of Health Strategy and Coordination, is amended by adding a new article to read as follows:

"ARTICLE 3

31-53-40. As used in this article, the term:
(1) 'Administrator' means the administrator of the GAPCD.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) 'Advisory committee' means the GAPCD Advisory Committee established pursuant to Code Section 31-53-41. (3) 'Claims data' means information included in an institutional, professional, or pharmacy claim or equivalent information transaction for a covered individual, including the amount paid to a provider of health care services plus any amount owed by the covered individual. (4) 'Direct personal identifiers' means information relating to a covered individual that contains primary or obvious identifiers, such as the individual's name, street address, email address, telephone number, and Social Security number, but does not include geographic or demographic information that would prohibit the identification of a covered individual. (5) 'GAPCD' means the Georgia All-Payer Claims Database established pursuant to this article. (6) 'Submitting entity' means:
(A) An entity that provides health or dental insurance or a health or dental benefit plan in the state, including without limitation an insurance company, medical services plan, hospital plan, hospital medical service corporation, health maintenance organization, or fraternal benefit society, provided that the entity has covered individuals and the entity had at least 1,000 covered lives in the previous calendar year; (B) The Department of Community Health in the administration of Medicaid fee-for-service claims and the State Health Benefit Plan; (C) Medicaid care management organizations; (D) A health benefit plan offered or administered by or on behalf of the federal government with the agreement of the federal government; (E) Any other entity providing a plan of health insurance or health benefits subject to state insurance regulation, including, but not limited to a third-party administrator or pharmacy benefits manager, provided that the entity had at least 1,000 covered lives in the previous calendar year; (F) An entity that contracts with institutions of the Department of Corrections to provide medical, dental, or pharmaceutical care to inmates; (G) Any other health benefit plan offered or administered by or on behalf of the state or an agency or instrumentality of the state; (H) The State Board of Workers' Compensation; and (I) The Georgia Access to Medical Cannabis Commission. This term does not include an entity that provides health insurance or a health benefit plan that is accident-only, specified disease, hospital indemnity, long-term care, disability income, or other supplemental benefit coverage.

31-53-41. (a) There is established the GAPCD Advisory Committee for the purpose of making recommendations regarding the creation of the framework and implementation plan for the

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GAPCD to facilitate the reporting of health care and health quality data resulting in transparent and public reporting of safety, quality, cost, and efficiency information at all levels of health care. The advisory committee shall consist of the following members:
(1) The director, who shall serve as chairperson; (2) The chairperson of the Senate Appropriations Community Health Subcommittee; (3) The chairperson of the House Appropriations Health Subcommittee; (4) The director of the Office of Planning and Budget, or his or her designee; (5) One member from the hospital industry to be appointed by the Governor; (6) One member from the health care philanthropic community to be appointed by the Governor; (7) One member from the insurance industry to be appointed by the Speaker of the House of Representatives; (8) One member who is a medical provider to be appointed by the Lieutenant Governor; (9) The commissioner of public health, or his or her designee; (10) The commissioner of community health, or his or her designee; (11) The Commissioner of Insurance, or his or her designee; and (12) The director of the Center for Health Analytics and Informatics of the Georgia Institute of Technology. (b) The members appointed pursuant to paragraphs (5), (6), (7), and (8) of subsection (a) of this Code section shall be appointed no later than October 1, 2020; provided, however, that the advisory committee shall be operational and shall conduct its work even if one or more of such members is not timely appointed. Appointed members of the advisory committee shall each serve for a term of two years. A vacancy in an appointed seat shall be filled by appointment for the remainder of the term, and each appointing authority retains the right to reappoint members whose terms of appointment have expired. (c) The advisory committee shall meet at the call of the chairperson and shall meet at least quarterly. (d) Members of the advisory committee shall serve without compensation but shall be entitled to receive reimbursement for per diem and travel expenses as provided in Code Section 45-7-21. (e) The director shall be authorized to appoint ad hoc nonvoting members to the advisory committee, convene one or more panels, and consult with experts when expertise is deemed necessary in the performance of the functions of the advisory committee.

31-53-42. (a) The advisory committee shall make initial recommendations to the director no later than March 1, 2021, regarding the creation and operation of a state all-payer claims database, to be known as the GAPCD, that:
(1) Include specific strategies to measure and collect data related to health care safety and quality, utilization, health outcomes, and cost; (2) Focus on data elements that foster quality improvement and peer group comparisons;

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(3) Facilitate value based, cost-effective purchasing of health care services by public and private purchasers and consumers; (4) Result in usable and comparable information that allows public and private health care purchasers, consumers, and data analysts to identify and compare health plans, health insurers, health care facilities, and health care providers regarding the provision of safe, value based, cost-effective, high-quality health care services; (5) Use and build upon existing data collection standards and methods to establish and maintain the GAPCD in a cost-effective and efficient manner; (6) Are designed to measure the following performance domains: safety, timeliness, effectiveness, efficiency, equity, and patient-centeredness; (7) Incorporate and utilize claims, eligibility, and other publicly available data to the extent it is the most cost-effective method of collecting data to minimize the cost and administrative burden on data sources; (8) Include recommendations about whether to include data on the uninsured; (9) Address the harmonization of the GAPCD with other states', regions', and federal efforts concerning all-payer claims databases; (10) Address the harmonization of the GAPCD with federal legislation concerning an all-payer claims database; (11) Address a limit on the number of times the administrator may require submission of the required data elements; (12) Address a limit on the number of times the administrator may change the required data elements for submission in a calendar year considering administrative costs, resources, and time required to fulfill the requests; and (13) Address compliance with the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended, and other proprietary information related to collection and release of data. (b) The advisory committee shall make ongoing recommendations to the director to ensure the operations and design of the GAPCD continue to be effective and meet the objectives of the GAPCD. (c) The advisory committee shall conduct an evaluation of the GAPCD at least every five years to ensure that the purposes are met.

31-53-43. (a) The director shall seek funding for the creation of the all-payer health claims database and develop a plan for the financial stability of the GAPCD. No later than March 15, 2021, the director shall report to the Governor and the General Assembly on the status of the funding effort and on the status of the recommendations of the advisory committee. The report shall include the final data elements recommended by the advisory committee, the final provisions contemplated to comply with the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended, and any other final recommendations that are ready at the time of the report.

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(b) If sufficient funding is received through gifts, grants, and donations or through appropriations on or before January 1, 2022, as determined by the director, the administrator shall, in consultation with the advisory committee, create the GAPCD in accordance with this article. (c) The GAPCD shall be operational no later than January 1, 2023.

31-53-44. The objectives of the GAPCD shall be to facilitate data-driven, evidence-based improvements in access, quality, and cost of health care and to promote and improve public health through the understanding of health care expenditure patterns and operation and performance of the health care system. Specific uses of the GAPCD include, but are not limited to:
(1) Establishing baseline health care cost information; (2) Monitoring and analyzing health care costs; (3) Assessing population health; (4) Measuring utilization of health care services; (5) Identifying health disparities; (6) Informing consumers of cost and quality of health care; (7) Supporting the planning and evaluation of health care operations and care; (8) Improving coordination of care; (9) Enabling oversight of health insurance premium medical loss ratios; and (10) Conducting waste, fraud, and abuse studies.

31-53-45. (a) The administrator of the GAPCD shall be the Center for Health Analytics and Informatics of the Georgia Institute of Technology. The administrator, in consultation with the advisory committee, shall:
(1) Determine the data to be collected from submitting entities and the method of collection, including mandatory and voluntary reporting of health care and health quality data; (2) Seek to establish agreements for voluntary reporting of health care claims data from health care payers that are not subject to mandatory reporting requirements in order to ensure availability of the most comprehensive and systemwide data on health care costs and quality; (3) Seek to establish agreements or requests with the federal Centers for Medicare and Medicaid Services to obtain Medicare health claims data; (4) Determine the measures necessary to implement the reporting requirements in a manner that is cost-effective and reasonable for data sources and timely, relevant, and reliable for public and private health care purchasers and consumers, providers, and policymakers;

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(5) Determine the reports and data to be made available to the public with recommendations from the advisory committee in order to accomplish the purposes of this Code section, including conducting studies and reporting the results of the studies; (6) Collect, aggregate, distribute, and publicly report performance data on quality, health outcomes, health disparities, cost, utilization, and pricing in a manner accessible for public and private health care purchasers and consumers, providers, and policymakers; (7) Protect patient privacy in compliance with state and federal health record confidentiality laws while preserving the ability to analyze data and share with providers and submitting entities to ensure accuracy prior to the public release of information; (8) Report to the Governor and the General Assembly on or before March 1 of each year on the status of implementing the GAPCD and any recommendations for statutory or regulatory changes, with input from the advisory committee, that would advance the purposes of this article; and (9) Provide leadership and coordination of public and private health care quality and performance measurements to ensure efficiency, cost-effectiveness, transparency, and informed choice by public and private health care purchasers and consumers. (b) The administrator, with input from the advisory committee, shall: (1) Incorporate and utilize publicly available data other than administrative claims data, if necessary, to measure and analyze a significant health care quality, safety, or cost issue that cannot be adequately measured with administrative claims data alone; (2) Require submitting entities to submit data necessary to implement the GAPCD; and (3) Determine the data elements to be collected, the reporting formats for data submitted, and the use and reporting of any data submitted. Data collection shall align with national, regional, and other uniform all-payer claims databases' standards when possible. (c) The administrator, with input from the advisory committee, may: (1) Audit the accuracy of all data submitted; (2) Contract with third parties to collect and process the health care data collected pursuant to this article. The contract shall prohibit the collection of unencrypted social security numbers and the use of the data for any purpose other than those specifically authorized by the contract. The contract shall require the third party to transmit the data collected and processed under such contract to the administrator or other designated entity; and (3) Share data regionally or help develop a multistate effort if recommended by the advisory committee.

31-53-46. The advisory committee and the administrator should consider the following design criteria:
(1) Allowing the use of federal Health Insurance Portability and Accountability Act of 1996 compliant, government level secured cloud computing resources to save funding;

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(2) Ensuring all inbound data is converted to a common standard and ensuring that data quality checks are done on inbound data; (3) Requiring all communications to and from the database to use encryption and IP whitelisting where appropriate; (4) Providing industry standard interfaces for accessing the data from approved users; (5) Grouping the data in ways to match the relevant cohorts of interest; and (6) Insuring that at no point does any personally identifiable information reside in the database.

31-53-47. (a) Beginning in January, 2023, and every month thereafter, all submitting entities shall submit claims data for state residents to the GAPCD in accordance with this article and rules and regulations promulgated pursuant to this article. (b) Submitting entities shall submit 95 percent of data within 60 days from the day that the adjudicated claims were paid, and 100 percent of data within 180 days from the day adjudicated claims were sent for payment. The administrator shall establish a Data Submission Guide to ensure uniformity of data, which may be based on currently existing data standards, such as the National Council for Prescription Drug Programs (NCPDP) and ASC X12 Post Adjudicated Claims Data Reporting (PACDR). (c) Self-funded employer sponsored plans may voluntarily submit monthly claims data to the GAPCD when the employer has opted in writing to the submission of the data. The carrier or administrator shall notify the employer of the employer's option to authorize the submission of the data. (d) Direct personal identifiers contained in claim data submitted pursuant to this article shall not be considered a public record and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records.

31-53-48. (a) The GAPCD shall be designed to:
(1) Provide access to the public through a public portal, contingent on funding, in a form and manner that ensures the privacy and security of personal health information as required by state and federal law, as a resource to insurers, consumers, employers, providers, purchasers of health care, and state agencies to allow for continuous review of health care utilization, expenditures, and quality and safety performance in this state; (2) Provide access through memoranda of understanding and after consultation with the advisory committee to the Department of Community Health, Department of Public Health, Department of Behavioral Health and Developmental Disabilities, and other departments of state government for the purposes of objectives and uses included in Code Section 31-53-44; (3) Provide for custom data requests from communities, individuals, researchers, organizations, and private companies, subject to rules promulgated by the office;

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(4) Allow for comparisons of geographic, demographic, and economic factors and institutional size; and (5) Present data in a consumer-friendly manner. (b) The collection, storage, and release of health care data and other information pursuant to this article shall be subject to the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended.

31-53-49. (a) The administrator shall prepare an annual report to include:
(1) Any policies established or revised pursuant to state and federal medical privacy laws, including the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended; (2) The number of requests for data and reports from the GAPCD, whether the request was submitted by a state agency or private entity, the purpose of the project, a list of the requests for which the administrator was advised that the release was consistent with rule and the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended, and a list of the requests not recommended for release; (3) For each request recommended, the administrator must provide the federal regulation pursuant to which the use or disclosure was recommended, and whether a data use agreement or limited data set data use agreement was executed for the use or disclosure; (4) A description of any data breaches, actions taken to provide notifications, if applicable, and actions taken to prevent a recurrence; (5) The uses of the data in the GAPCD; (6) Public studies produced by the administrator; (7) The cost of administering the GAPCD, the sources of the funding, and the total revenue taken in by the GAPCD; (8) The recipients of the data, the purposes of the data requests, and whether a fee was charged for the data; and (9) A fee schedule displaying the fees for providing custom data reports from the GAPCD. (b) Such annual report for the previous calendar year shall be provided no later than March 1 to the Governor, Lieutenant Governor, the Speaker of the House of Representatives, the chairperson of the House Committee on Health and Human Services, and the chairperson of the Senate Health and Human Services Committee.

31-53-50. (a) Except as otherwise provided in this Code section, any submitting entity that fails to submit claims data in accordance with this article shall be subject to penalty. The office shall adopt a schedule of penalties not to exceed $1,000.00 per day of violation, determined by the severity of the violation. A penalty imposed under this subsection may be remitted or mitigated upon such terms and conditions as the director considers proper and consistent

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with the public health and safety. Any fines collected pursuant to this subsection shall be deposited into the state treasury. (b) Any submitting entity that is subject to the jurisdiction of the Commissioner of Insurance that fails to submit claims data in accordance with this article shall be subject to violation of paragraph (14.2) of subsection (b) of Code Section 33-6-4, and any other penalties that may be imposed by the Commissioner of Insurance. The GAPCD may refer violations by such submitting entities to the Commissioner of Insurance for enforcement action for each instance in which such submitting entity fails to submit claims data to the GAPCD in accordance with this article. The rules promulgated pursuant to Code Section 31-53-51, shall include processes for referring violations to the Commissioner of Insurance pursuant to this subsection. (c) This Code section shall not apply to state or federal agencies that are submitting entities.

31-53-51. The office shall promulgate rules and regulations necessary to implement the provisions of this article.

31-53-52. If at any time it is determined that there is not sufficient funding to finance the ongoing operations of the GAPCD, the GAPCD shall cease operating and the advisory committee and administrator shall no longer have the duty to carry out the functions required pursuant to this article. If the GAPCD ceases to operate, any data submitted shall be destroyed or returned to its original source.

31-53-53. Nothing in this article shall be construed to impose any reporting obligation on any self-funded employer or plan sponsor, or to impose any requirement with respect to the manner in which any such self-funded plan is administered. Nothing in this article shall prevent an insurer or third-party administrator from communicating its views to an employer about the employer's decision whether to opt into the submission of claims data."

SECTION 2. Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to enumeration of unfair methods of competition and unfair or deceptive acts or practices and penalty, is amended by adding a new paragraph to subsection (b) to read as follows:
"(14.2) Failing to submit all claims data to the Georgia All-Payer Claims Database as required in Article 3 of Chapter 53 of Title 31."

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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 August 5, 2020.

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GENERAL PROVISIONS CHILDHOOD CANCER AWARENESS DAY IN GEORGIA.

No. 581 (Senate Bill No. 340).

AN ACT

To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to provide that September 1 of each year shall be Childhood Cancer Awareness Day in Georgia; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The General Assembly finds that:
(1) Childhood cancer is the number one cause of death by disease among children under the age of 19 years; (2) Two-thirds of children with cancer will develop a lifelong condition as a result of treatment, and with 12 types and over 100 subtypes of pediatric cancer, 46 children are diagnosed and seven lose their lives every day; (3) There are 70 potential life years lost on average when a child dies of cancer compared to 15 potential life years lost for adults; (4) Pediatric cancer occurs regularly and randomly among children, sparing no ethnic group, socioeconomic class, or geographic region; and (5) Those working in the field of pediatric oncology demonstrate great compassion, understanding, and kindness for the children in their care, and their dedication and commitment to the betterment of the world is appreciated and acknowledged.

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SECTION 2. Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, is amended by adding a new Code section to read as follows:
"1-4-23. September 1 of each year is designated as 'Childhood Cancer Awareness Day' in Georgia."

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

Approved August 5, 2020.

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LAW ENFORCEMENT OFFICERS AND AGENCIES ALCOHOLIC BEVERAGES COMMERCE AND TRADE CRIMES AND OFFENSES EVIDENCE GEORGIA CRIME INFORMATION CENTER; RECORDS RESTRICTIONS.

No. 582 (Senate Bill No. 288).

AN ACT

To amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to expand the ability of certain individuals to request record restriction for certain misdemeanor and conditional discharges; to provide for excluded offenses; to change a provision relating to automatic record restriction when charges are reduced to local ordinance violations; to provide for procedure and limitations; to provide for retroactive record restriction under certain circumstances; to provide for applicability; to amend Code Sections 3-3-23.1 and 10-1-393.5 of the Official Code of Georgia Annotated, relating to procedure and penalties upon violation of Code Section 3-3-23 and prohibited telemarketing, internet activities, or home repair; and to amend Article 1 of Chapter 13 of Title 16 and Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to conditional discharge for possession of controlled substances as first offense and certain nonviolent property crimes, dismissal of charges, and restitution to victims; and the Georgia Crime Information Center, so as to provide for cross-references; to amend Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to relevant evidence and its limits, so as to prohibit the introduction of criminal history record information of an employee in an action against an employer based upon the conduct of such employee under certain circumstances; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART ONE. SECTION 1-1.

Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by revising Code Section 35-3-37, relating to review of individual's criminal history information, definitions, privacy considerations, written application requesting review, and inspection, as follows:
"35-3-37. (a) As used in this Code section, the term:
(1) 'Drug court treatment program' means a treatment program operated by a drug court division in accordance with the provisions of Code Section 15-1-15. (2) 'Entity' means the arresting law enforcement agency, including county and municipal jails and detention centers. (3) 'Mental health treatment program' means a treatment program operated by a mental health court division in accordance with the provisions of Code Section 15-1-16. (4) 'Nonserious traffic offense' means any offense in violation of Title 40 which is not prohibited by Article 15 of Chapter 6 of Title 40 and any similar such offense under the laws of a state which would not be considered a serious traffic offense under the laws of this state if committed in this state. (5) 'Prosecuting attorney' means the Attorney General, a district attorney, or the solicitor-general who had jurisdiction where the criminal history record information is sought to be modified, corrected, supplemented, amended, or restricted. If the offense was a violation of a criminal law of this state which, by general law, may be tried by a municipal, magistrate, probate, or other court that is not a court of record, the term 'prosecuting attorney' shall include the prosecuting officer of such court or, in the absence of such prosecuting attorney, the district attorney of the judicial circuit in which such court is located. (6) 'Restrict,' 'restricted,' or 'restriction' means that the criminal history record information of an individual relating to a particular offense shall be available only to judicial officials and criminal justice agencies for law enforcement or criminal investigative purposes or to criminal justice agencies for purposes of employment in accordance with procedures established by the center and shall not be disclosed or otherwise made available to any private persons or businesses pursuant to Code Section 35-3-34 or to governmental agencies or licensing and regulating agencies pursuant to Code Section 35-3-35. (7) 'Serious violent felony' shall have the same meaning as set forth in Code Section 17-10-6.1. (8) 'State' includes any state, the United States or any district, commonwealth, territory, or insular possession of the United States, and the Trust Territory of the Pacific Islands.

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(9) 'Veterans treatment program' means a treatment program operated by a veterans court division in accordance with the provisions of Code Section 15-1-17. (10) 'Youthful offender' means any offender who was less than 21 years of age at the time of his or her arrest. (b) Nothing in this article shall be construed so as to authorize any person, agency, corporation, or other legal entity of this state to invade the privacy of any citizen as defined by the General Assembly or as defined by the courts other than to the extent provided in this article. (c) The center shall make an individual's criminal history record information available for review by such individual or his or her designee upon written application to the center. (d) If an individual believes his or her criminal history record information to be inaccurate, incomplete, or misleading, he or she may request a criminal history record information inspection at the center. The center at which criminal history record information is sought to be inspected may prescribe reasonable hours and places of inspection and may impose such additional procedures or restrictions, including fingerprinting, as are reasonably necessary to assure the security of the criminal history record information, to verify the identities of those who seek to inspect such information, and to maintain an orderly and efficient mechanism for inspection of criminal history record information. The fee for inspection of criminal history record information shall not exceed $15.00, which shall not include the cost of the fingerprinting. (e) If the criminal history record information is believed to be inaccurate, incomplete, or misleading, the individual may request that the entity having custody or control of the challenged information modify, correct, supplement, or amend the information and notify the center of such changes within 60 days of such request. In the case of county and municipal jails and detention centers, such notice to the center shall not be required. If the entity declines to act within 60 days of such request or if the individual believes the entity's decision to be unsatisfactory, within 30 days of the end of the 60 day period or of the issuance of the unsatisfactory decision, whichever occurs last, the individual shall have the right to appeal to the court with original jurisdiction of the criminal offenses in the county where the entity is located. (f) An appeal pursuant to subsection (e) of this Code section shall be to acquire an order from the court with original jurisdiction of the criminal offenses that the subject information be modified, corrected, supplemented, or amended by the entity with custody of such information. Notice of the appeal shall be provided to the entity and the prosecuting attorney. A notice sent by registered or certified mail or statutory overnight delivery shall be sufficient service on the entity having custody or control of the disputed criminal history record information. The court shall conduct a de novo review and, if requested by a party, the proceedings shall be recorded. (g)(1) Should the court find by a preponderance of the evidence that the criminal history record information in question is inaccurate, incomplete, or misleading, the court shall order such information to be appropriately modified, corrected, supplemented, or

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amended as the court deems appropriate. Any entity with custody, possession, or control of any such criminal history record information shall cause each and every copy thereof in its custody, possession, or control to be altered in accordance with the court's order within 60 days of the entry of the order. (2) To the extent that it is known by the requesting individual that an entity has previously disseminated inaccurate, incomplete, or misleading criminal history record information, he or she shall, by written request, provide to the entity the name of the individual, agency, or company to which such information was disseminated. Within 60 days of the written request, the entity shall disseminate the modification, correction, supplement, or amendment to the individual's criminal history record information to such individual, agency, or company to which the information in question has been previously communicated, as well as to the individual whose information has been ordered so altered. (h) Access to an individual's criminal history record information, including any fingerprints or photographs of the individual taken in conjunction with the arrest, shall be restricted by the center for the following types of dispositions: (1) Prior to indictment, accusation, or other charging instrument:
(A) The offense was never referred for further prosecution to the proper prosecuting attorney by the arresting law enforcement agency and:
(i) The offense against such individual is closed by the arresting law enforcement agency. It shall be the duty of the head of the arresting law enforcement agency to notify the center whenever a record is to be restricted pursuant to this division within 30 days of such decision. A copy of the notice shall be sent to the accused and the accused's attorney, if any, by mailing the same by first-class mail within seven days of notifying the center; or (ii) The center does not receive notice from the arresting law enforcement agency that the offense has been referred to the prosecuting attorney or transferred to another law enforcement or prosecutorial agency of this state, any other state or a foreign nation, or any political subdivision thereof for prosecution and the following period of time has elapsed from the date of the arrest of such individual:
(I) If the offense is a misdemeanor or a misdemeanor of a high and aggravated nature, two years; (II) If the offense is a felony, other than a serious violent felony or a felony sexual offense specified in Code Section 17-3-2.1 involving a victim under 16 years of age, four years; or (III) If the offense is a serious violent felony or a felony sexual offense specified in Code Section 17-3-2.1 involving a victim under 16 years of age, seven years. If the center receives notice of the filing of an indictment subsequent to the restriction of a record pursuant to this division, the center shall make such record available in accordance with Code Section 35-3-34 or 35-3-35. If the center does not receive notice of a charging instrument within 30 days of the applicable time periods set forth

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in this division, such record shall be restricted by the center for noncriminal justice purposes; (B) The offense was referred to the prosecuting attorney but was later dismissed; (C) The grand jury returned two no bills; or (D) The grand jury returned one no bill and the applicable time period set forth in division (ii) of subparagraph (A) of this paragraph has expired; and (2) After indictment or accusation: (A) Except as provided in subsection (i) of this Code section, all charged offenses were dismissed, nolle prossed, or reduced to a violation of a local ordinance; (B) The individual was sentenced in accordance with the provisions of subsection (a) or subsection (c) of Code Section 16-13-2, and either the court ordered restriction upon sentencing as permitted in Code Section 16-13-2, or the individual successfully completed the terms and conditions of his or her probation; (C) The individual pleaded guilty to or was found guilty of a violation of paragraph (2) or (3) of subsection (a) of Code Section 3-3-23 and was sentenced in accordance with the provisions of subsection (c) of Code Section 3-3-23.1, and either the court ordered restriction upon sentencing as permitted in Code Section 3-3-23.1, or the individual successfully completed the terms and conditions of his or her probation; (D) The individual successfully completed a drug court treatment program, mental health treatment program, or veterans treatment program, the individual's offense has been dismissed or nolle prossed, and he or she has not been arrested during such program, excluding any arrest for a nonserious traffic offense; or (E) The individual was acquitted of all of the charged offenses by a judge or jury unless, within ten days of the verdict, the prosecuting attorney demonstrates to the trial court through clear and convincing evidence that the harm otherwise resulting to the individual is clearly outweighed by the public interest in the criminal history record information being publicly available because either: (i) The prosecuting attorney was barred from introducing material evidence against the individual on legal grounds, including, without limitation, the granting of a motion to suppress or motion in limine; or (ii) The individual has been formally charged with the same or similar offense within the previous five years. (i) After the filing of an indictment or accusation, an individual's criminal history record information shall not be restricted if: (1) The prosecuting attorney affirmatively indicates that the offense was dismissed, nolle prossed, or reduced to a violation of a local ordinance because: (A) Of a plea agreement resulting in a conviction of the individual for an offense arising out of the same underlying transaction or occurrence as the conviction; (B) The prosecuting attorney was barred from introducing material evidence against the individual on legal grounds, including, without limitation, the granting of a motion to suppress or motion in limine;

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(C) The conduct which resulted in the arrest of the individual was part of a pattern of criminal activity which was prosecuted in another court of the state or a foreign nation; or (D) The individual had diplomatic, consular, or similar immunity or inviolability from arrest or prosecution; (2) The charged offenses were tried and some, but not all, of the offenses resulted in an acquittal; or (3) The individual was acquitted of all charged offenses but it was later determined that the acquittal was the result of jury tampering or judicial misconduct. (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 charged offense has remained on the dead docket for more than 12 months, such individual may petition the court in which the charged offense is pending to restrict access to criminal history record information for such charged offense. Such petition shall be served on the prosecuting attorney. If a hearing is requested, such

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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 offense was placed on the dead docket; provided, however, that the court shall not grant such motion if an active warrant is pending for such individual.
(4)(A) When an individual was convicted in this state of a misdemeanor or a series of misdemeanors arising from a single incident, provided that such conviction was not for any offense listed in subparagraph (B) of this paragraph, and such individual has completed the terms of his or her sentence and has not been convicted of any crime in any jurisdiction for at least four years prior to filing a petition under this subparagraph, excluding any conviction for a nonserious traffic offense, and provided, further, that he or she has no pending charged offenses, 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 grant an order restricting such criminal history record information if it determines that the harm otherwise resulting to the individual clearly outweighs the public's interest in the criminal history record information being publicly available. (B) Record restriction under this subsection shall not be appropriate if the individual was convicted of:
(i) Family violence simple assault in violation of subsection (d) of Code Section 16-5-20, unless the individual was a youthful offender; (ii) Family violence simple battery in violation of subsection (f) of Code Section 16-5-23, unless the individual was a youthful offender; (iii) Family violence battery in violation of subsection (f) of Code Section 16-5-23.1, unless the individual was a youthful offender; (iv) Family violence stalking in violation of Code Section 16-5-90; (v) Violating a family violence order in violation of Code Section 16-5-95; (vi) Child molestation in violation of Code Section 16-6-4; (vii) Enticing a child for indecent purposes in violation of Code Section 16-6-5; (viii) Improper sexual contact by employee or agent in violation of Code Section 16-6-5.1; (ix) Public indecency in violation of subsection (b) of Code Section 16-6-8; (x) Keeping a place of prostitution in violation of Code Section 16-6-10; (xi) Pimping in violation of Code Section 16-6-11; (xii) Pandering by compulsion in violation of Code Section 16-6-12; (xiii) Sexual battery in violation of Code Section 16-6-22.1; (xiv) Obstructing or hindering persons making emergency telephone call in violation of Code Section 16-10-24.3; (xv) Peeping Toms in violation of Code Section 16-11-61;

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(xvi) Any offense related to minors generally in violation of Part 2 of Article 3 of Chapter 12 of Title 16; (xvii) Theft in violation of Chapter 8 of Title 16; provided, however, that such prohibition shall not apply to a misdemeanor conviction of shoplifting or refund fraud in violation of Code Section 16-8-14 or 16-8-14.1, as applicable; or (xviii) Any serious traffic offense in violation of Article 15 of Chapter 6 of Title 40. (C) An individual shall be limited to filing a petition under this paragraph to a lifetime maximum of requesting record restriction on two convictions for a misdemeanor or a series of misdemeanors arising from a single incident. For the purposes of this subparagraph, the conviction of two or more offenses charged in separate counts of one or more accusations consolidated for trial shall be deemed to be one conviction. If a petition under this subsection has been denied, an individual may file a subsequent petition on the same conviction for a misdemeanor or series of misdemeanors arising from a single incident after the expiration of two years from the date of the final order from the previous petition. (5) When an individual was arrested on a fugitive from justice warrant as provided in Code Section 17-13-4, such individual may petition the superior court in the county where the arrest occurred to restrict access to criminal history record information for such warrant. Such court shall maintain jurisdiction over the case for this limited purpose and duration. Such petition shall be served on the arresting law enforcement agency and the prosecuting attorney. If a hearing is requested, such hearing shall be held within 90 days of the filing of the petition. The court shall hear evidence and shall grant an order restricting such criminal history record information if the court determines that circumstances warrant restriction and that the harm otherwise resulting to the individual clearly outweighs the public interest in the criminal history record information being publicly available. (6) When an individual was convicted in this state of an offense for which that individual has been granted a pardon from the State Board of Pardons and Paroles as provided in the Constitution and Code Section 42-9-42, provided that the offense was not a serious violent felony as such term is defined in Code Section 17-10-6.1 or a sexual offense as such term is defined in Code Section 17-10-6.2, and provided, further, that such individual has not been convicted of any crime in any jurisdiction, excluding any conviction for a nonserious traffic offense, since the pardon was granted, and provided, further, that he or she has no pending charged offenses, 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 grant an order restricting such criminal history record information if it determines that the harm otherwise resulting to the individual clearly outweighs the public's interest in the criminal history record information being publicly available.

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(k)(1) The center shall notify the arresting law enforcement agency of any criminal history record information, access to which has been restricted pursuant to this Code section, within 30 days of the date access to such information is restricted. Upon receipt of notice from the center that access to criminal history record information has been restricted, the arresting law enforcement agency or other law enforcement agency shall, within 30 days, restrict access to all such information maintained by such arresting law enforcement agency or other law enforcement agency for such individual's offense that has been restricted. (2) An individual who has had criminal history record information restricted pursuant to this Code section may submit a written request to the appropriate county or municipal jail or detention center to have all records for such individual's offense that has been restricted maintained by the appropriate county or municipal jail or detention center restricted. Within 30 days of such request, the appropriate county or municipal jail or detention center shall restrict access to all such criminal history record information maintained by such appropriate county or municipal jail or detention center for such individual's offense that has been restricted. (3) The center shall be authorized to unrestrict criminal history record information based on the receipt of a disposition report showing that the individual was convicted of an offense which was restricted pursuant to this Code section. (l) If criminal history record information is restricted pursuant to this Code section and if the entity declines to restrict access to such information, the individual may file a civil action in the superior court where the entity is located. A copy of the civil action shall be served on the entity and prosecuting attorney for the jurisdiction where the civil action is filed, and they may become parties to the action. A decision of the entity shall be upheld only if it is determined by clear and convincing evidence that the individual did not meet the criteria set forth in subsection (h) or (j) of this Code section. (m)(1) For criminal history record information maintained by the clerk of court, an individual who has a record restricted pursuant to this Code section may petition the court with original jurisdiction over the offenses in the county where the clerk of court is located for an order to seal all criminal history record information maintained by the clerk of court for such individual's charged offense. Notice of such petition shall be sent to the clerk of court and the prosecuting attorney. A notice sent by registered or certified mail or statutory overnight delivery shall be sufficient notice. (2) The court shall order all criminal history record information in the custody of the clerk of court, including within any index, to be restricted and unavailable to the public if the court finds by a preponderance of the evidence that:
(A) The criminal history record information has been restricted pursuant to this Code section; and (B) The harm otherwise resulting to the privacy of the individual clearly outweighs the public interest in the criminal history record information being publicly available.

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(3) Within 60 days of the court's order, the clerk of court shall cause every document, physical or electronic, in its custody, possession, or control to be restricted. (n)(1) Except as provided in subsection (j) of this Code section, as to arrests occurring before July 1, 2013, an individual may, in writing, request the arresting law enforcement agency to restrict the criminal history record information of an arrest, including any fingerprints or photographs taken in conjunction with such arrest. Reasonable fees shall be charged by the arresting law enforcement agency and the center for the actual costs of restricting such records, provided that such fee shall not exceed $50.00. (2) Within 30 days of receipt of such written request, the arresting law enforcement agency shall provide a copy of the request to the prosecuting attorney. Within 90 days of receiving the request, the prosecuting attorney shall review the request to determine if the request meets the criteria set forth in subsection (h) of this Code section for record restriction, and the prosecuting attorney shall notify the arresting law enforcement agency of his or her decision within such 90 day period. If the prosecuting attorney denies such request, he or she shall cite with specificity the reason for such denial in writing and attach to such denial any relevant documentation in his or her possession used to make such denial. There shall be a presumption that the prosecuting attorney does not object to the request to restrict the criminal history record information if he or she fails to respond to the request for a determination within the 90 day period set forth in this paragraph. The arresting law enforcement agency shall inform the individual of the prosecuting attorney's decision, and, if record restriction is approved by the prosecuting attorney, the arresting law enforcement agency shall restrict the criminal history record information within 30 days of receipt of the prosecuting attorney's decision. (3) If a prosecuting attorney declines an individual's request to restrict access to criminal history record information, such individual may file a civil action in the superior court where the entity is located. A copy of the civil action shall be served on the entity and prosecuting attorney for the jurisdiction where the civil action is filed, and they may become parties to the action. A decision of the prosecuting attorney to decline a request to restrict access to criminal history record information shall be upheld unless the individual demonstrates by clear and convincing evidence that the arrest is eligible for record restriction pursuant to subsection (h) of this Code section and the harm otherwise resulting to the privacy of the individual clearly outweighs the public interest in the criminal history record information being publicly available. (4) To restrict criminal history record information at the center, an individual shall submit a prosecuting attorney's approved record restriction request or a court order issued pursuant to paragraph (3) of this subsection to the center. The center shall restrict access to such criminal history record information within 30 days of receiving such information. (o) Nothing in this Code section shall give rise to any right which may be asserted as a defense to a criminal prosecution or serve as the basis for any motion that may be filed in any criminal proceeding. The modification, correction, supplementation, amendment, or

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restriction of criminal history record information shall not abate or serve as the basis for the reversal of any criminal conviction. (p) Any application to the center for access to or restriction of criminal history record information made pursuant to this Code section shall be made in writing on a form approved by the center. The center shall be authorized to develop and publish such procedures as may be necessary to carry out the provisions of this Code section. In adopting such procedures and forms, the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall not apply. (q) It shall be the duty of the entity to take such action as may be reasonable to prevent disclosure of information to the public which would identify any individual whose criminal history record information is restricted pursuant to this Code section. (r) If the center has notified a firearms dealer that an individual is prohibited from purchasing or possessing a handgun pursuant to Part 5 of Article 4 of Chapter 11 of Title 16 and if the prohibition is the result of such individual being involuntarily hospitalized within the immediately preceding five years, upon such individual or his or her attorney making an application to inspect his or her records, the center shall provide the record of involuntary hospitalization and also inform the individual or attorney of his or her right to a hearing before the judge of the probate court or superior court relative to such individual's eligibility to possess or transport a handgun. (s) The center shall be authorized to provide such individual's criminal history record information to the employers and entities and under the conditions set forth in subsections (u) and (v) of this Code section. (t) In the course of a civil action and upon request, the court shall order that any relevant criminal history record information that has been restricted or sealed pursuant to this Code section for any witness in that civil action shall be provided to the parties in that proceeding for use only in that proceeding. Any information disclosed in such order shall not be published outside the proceedings and any subsequent appeal. (u) A restriction or sealing pursuant to this Code section may be used to disqualify an individual for employment or appointment to office in the same manner that a discharge under Article 3 of Chapter 8 of Title 42 may be used to disqualify an individual from employment as set forth in Code Section 42-8-63.1, and such restriction or sealing shall not supersede any disclosure or consideration of criminal history record information required by federal law, including, but not limited to, those disclosures required by financial institutions, as such term is defined in Code Section 7-1-4.
(v)(1) Information restricted and sealed pursuant to this Code section shall always be available for inspection, copying, and use:
(A) For the purpose of imposing a sentence under Article 3 of Chapter 8 of Title 42; (B) By the Judicial Qualifications Commission; (C) By an attorney representing an accused individual who submits a sworn affidavit to the clerk of court attesting that such information is relevant to a criminal proceeding; (D) By a prosecuting attorney or a public defender;

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(E) Pursuant to a court order; and (F) By an individual who is the subject of restricted criminal history record information or sealed court files. (2) The confidentiality of such information shall be maintained insofar as practicable. (w) This Code section shall apply to sentences imposed before, on, or after July 1, 2020."

PART TWO. SECTION 2-1.

Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to procedure and penalties upon violation of Code Section 3-3-23, is amended by revising subsection (c) as follows:
"(c)(1) As used in this subsection, the term: (A) 'Criminal history record information' shall have the same meaning as set forth in Code Section 35-3-30. (B) 'Restrict' or 'restriction' shall have the same meaning as set forth in Code Section 35-3-37.
(2) Whenever any person who has not been previously convicted of any offense under this Code section or under any other law of the United States or this or any other state relating to alcoholic beverages pleads guilty to or is found guilty of a violation of paragraph (2) or (3) of subsection (a) of Code Section 3-3-23, the court, without entering a judgment of guilt and with the consent of such person, may defer further proceedings and place such person on probation upon such reasonable terms and conditions as the court may require. The terms of probation shall preferably be such as require the person to undergo a comprehensive rehabilitation program (including, if necessary, medical treatment), not to exceed three years, designed to acquaint such person with the ill effects of alcohol abuse and with knowledge of the gains and benefits which can be achieved by being a good member of society. Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed accordingly. Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him or her. Discharge and dismissal under this subsection shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this subsection or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this subsection may occur only once with respect to any person.
(3)(A) At the time of sentencing, a defendant may seek to limit public access to his or her sentencing information, and the court may, in its discretion, order that:
(i) The defendant's records shall be restricted in accordance with Code Section 35-3-37; (ii) 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

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the clerk of court, including within any index, be sealed and unavailable to the public; and (iii) The defendant's criminal history record information of arrest, including any fingerprints or photographs taken in conjunction with such arrest, be restricted by law enforcement agencies, jails, or detention centers. (B) When considering the defendant's request under this paragraph, the court shall weigh the public's interest in the defendant's criminal history record information being publicly available and the harm to the defendant's privacy and issue written findings of fact thereupon. (C) The court shall specify the date that such sealing and restrictions will take effect."

SECTION 2-2. Code Section 10-1-393.5 of the Official Code of Georgia Annotated, relating to prohibited telemarketing, Internet activities, or home repair, is amended by revising division (b.1)(1)(B)(i) as follows:
"(i) Access to his or her case or charges was restricted pursuant to Code Section 3-3-23.1, 15-1-20, 16-13-2, 35-3-37, or 42-8-62.1;"

SECTION 2-3. Article 1 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding controlled substances, is amended by adding a new subsection to Code Section 16-13-2, relating to conditional discharge for possession of controlled substances as first offense and certain nonviolent property crimes, dismissal of charges, and restitution to victims, to read as follows:
"(d)(1) As used in this subsection, the term: (A) 'Criminal history record information' shall have the same meaning as set forth in Code Section 35-3-30. (B) 'Restrict' or 'restriction' shall have the same meaning as set forth in Code Section 35-3-37. (2)(A) At the time of sentencing, the defendant may seek to limit public access to his or her sentencing information, and the court may, in its discretion, order that: (i) The defendant's records shall be restricted in accordance with Code Section 35-3-37; (ii) 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 (iii) The defendant's criminal history record information of arrest, including any fingerprints or photographs taken in conjunction with such arrest, be restricted by law enforcement agencies, jails, or detention centers.

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(B) When considering the defendant's request under this paragraph, the court shall weigh the public's interest in the defendant's criminal history record information being publicly available and the harm to the defendant's privacy and issue written findings of fact thereupon. (C) The court shall specify the date that such prohibited dissemination, sealing, and restrictions will take effect."

SECTION 2-4. Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by revising subparagraph (a)(1)(D) and subsection (d.2) of Code Section 35-3-34, relating to disclosure and dissemination of criminal records to private persons and businesses, resulting responsibility and liability of issuing center, and provision of certain information to the FBI in conjunction with the National Instant Criminal Background Check System, as follows:
"(D) The center shall not provide records of arrests, charges, or dispositions when access has been restricted pursuant to Code Section 3-3-23.1, 15-1-20, 16-13-2, 35-3-37, or 42-8-62.1; or" "(d.2) When identifying information provided is sufficient to identify persons whose records are requested, local criminal justice agencies may disseminate criminal history records of in-state felony convictions, pleas, and sentences unless such records are restricted pursuant to Code Section 35-3-37, except as specifically authorized by Code Section 42-8-63.1, without: (1) Fingerprint comparison; (2) Prior contact with the center; or (3) Consent of the person whose records are requested. Such information may be disseminated to private individuals and businesses under the conditions specified in subparagraph (a)(1)(B) of this Code section upon payment of the fee for the request and when the request is made upon a form prescribed by the center. Such agencies may charge and retain fees as needed to reimburse such agencies for the direct and indirect costs of providing such information and shall have the same immunity therefor as provided in subsection (c) of this Code section."

SECTION 2-5. Said article is further amended by revising subparagraph (a)(1)(D) and (d.1) of Code Section 35-3-35, relating to disclosure and dissemination of records to public agencies and political subdivisions and responsibility and liability of issuing center, as follows:
"(D) The center shall not provide records of arrests, charges, or dispositions when access has been restricted pursuant to Code Section 3-3-23.1, 15-1-20, 16-13-2, 35-3-37, or 42-8-62.1;" "(d.1) When identifying information provided is sufficient to identify persons whose records are requested, local criminal justice agencies may disseminate criminal history

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records of in-state felony convictions, pleas, and sentences unless such records are restricted pursuant to Code Section 35-3-37, except as specifically authorized by Code Section 42-8-63.1, without:
(1) Fingerprint comparison; (2) Prior contact with the center; or (3) Consent of the person whose records are requested. Such information may be disseminated to entities to which such records may be made available under subsection (d) of this Code section under the conditions specified in subparagraph (a)(1)(B) of this Code section upon payment of the fee for the request and when the request is made upon a form prescribed by the center. Such agencies may charge and retain fees as needed to reimburse such agencies for the direct and indirect costs of providing such information and shall have the same immunity therefor as provided in subsection (c) of this Code section."

PART THREE. SECTION 3-1.

Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to relevant evidence and its limits, is amended by adding a new Code section to read as follows:
"24-4-419. (a) As used in this Code section, the term 'criminal history record information' shall have the same meaning as set forth in Code Section 35-3-30. (b) In a civil proceeding against an employer, its employees, or its agents based on the conduct of an employee or former employee, criminal history record information shall not be admissible if:
(1) The nature of such criminal history record information is not relevant to the facts underlying such proceeding or the veracity of the witness; (2) Prior to the act giving rise to such proceedings, criminal history record information was restricted or sealed as provided in Code Section 35-3-37, or a pardon for such conduct was granted; or (3) Such criminal history information is for an arrest or charge that did not result in a conviction."

PART FOUR. SECTION 4-1.

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

Approved August 5, 2020.

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INSURANCE PHARMACY BENEFITS MANAGERS; EXTENSIVE REVISIONS.

No. 583 (House Bill No. 946).

AN ACT

To amend Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, so as to provide extensive revisions regarding pharmacy benefits managers; to revise definitions; to revise provisions relating to license requirements and filing fees; to revise a provision regarding the prohibition on the practice of medicine by a pharmacy benefits manager; to provide additional authority for the Insurance Commissioner to regulate pharmacy benefits managers; to revise provisions relating to rebates from pharmaceutical manufacturers; to revise provisions relating to administration of claims; to revise provisions relating to prohibited activities; to provide for surcharges on certain practices; to provide for statutory construction; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, is amended by revising Code Section 33-64-1, relating to definitions, as follows:
"33-64-1. As used in this chapter, the term:
(1) 'Affiliate pharmacy' means a pharmacy which, either directly or indirectly through one or more intermediaries:
(A) Has an investment or ownership interest in a pharmacy benefits manager licensed under this chapter; (B) Shares common ownership with a pharmacy benefits manager licensed under this chapter; or (C) Has an investor or ownership interest holder which is a pharmacy benefits manager licensed under this chapter. (2) 'Business entity' means a corporation, association, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity. (3) 'Dispenser' shall have the same meaning as in paragraph (10) of Code Section 16-13-21. (4) 'Health plan' means an individual or group plan or program which is established by contract, certificate, law, plan, policy, subscriber agreement, or any other method and which is entered into, issued, or offered for the purpose of arranging for, delivering,

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paying for, providing, or reimbursing any of the costs of health care or medical care, including pharmacy services, drugs, or devices. Such term includes any health care coverage provided under the state health benefit plan pursuant to Article 1 of Chapter 18 of Title 45; the medical assistance program pursuant to Article 7 of Chapter 4 of Title 49; the PeachCare for Kids Program pursuant to Article 13 of Chapter 5 of Title 49; and any other health benefit plan or policy administered by or on behalf of this state. (5) 'Health system' means a hospital or any other facility or entity owned, operated, or leased by a hospital and a long-term care home. (6) 'Insured' means a person who receives prescription drug benefits administered by a pharmacy benefits manager. (7) 'Maximum allowable cost' means the per unit amount that a pharmacy benefits manager reimburses a pharmacist for a prescription drug, excluding dispensing fees and copayments, coinsurance, or other cost-sharing charges, if any. (8) 'National average drug acquisition cost' means the monthly survey of retail pharmacies conducted by the federal Centers for Medicare and Medicaid Services to determine average acquisition cost for Medicaid covered outpatient drugs. (9) 'Pharmacy' means a pharmacy or pharmacist licensed pursuant to Chapter 4 of Title 26 or another dispensing provider. (10) 'Pharmacy benefits management' means the administration of a plan or program that pays for, reimburses, and covers the cost of drugs, devices, or pharmacy care to insureds on behalf of a health plan. The term shall not include the practice of pharmacy as defined in Code Section 26-4-4. (11) 'Pharmacy benefits manager' means a person, business entity, or other entity that performs pharmacy benefits management. The term includes a person or entity acting for a pharmacy benefits manager in a contractual or employment relationship in the performance of pharmacy benefits management for a health plan. The term does not include services provided by pharmacies operating under a hospital pharmacy license. The term also does not include health systems while providing pharmacy services for their patients, employees, or beneficiaries, for indigent care, or for the provision of drugs for outpatient procedures. The term also does not include services provided by pharmacies affiliated with a facility licensed under Code Section 31-44-4 or a licensed group model health maintenance organization with an exclusive medical group contract and which operates its own pharmacies which are licensed under Code Section 26-4-110. (12) 'Point-of-sale fee' means all or a portion of a drug reimbursement to a pharmacy or other dispenser withheld at the time of adjudication of a claim for any reason. (13) 'Rebate' means any and all payments that accrue to a pharmacy benefits manager or its health plan client, directly or indirectly, from a pharmaceutical manufacturer, including but not limited to discounts, administration fees, credits, incentives, or penalties associated directly or indirectly in any way with claims administered on behalf of a health plan client.

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(14) 'Retroactive fee' means all or a portion of a drug reimbursement to a pharmacy or other dispenser recouped or reduced following adjudication of a claim for any reason, except as otherwise permissible as described in Code Section 26-4-118. (15) 'Steering' means:
(A) Ordering an insured to use its affiliate pharmacy for the filling of a prescription or the provision of pharmacy care; (B) Ordering an insured to use an affiliate pharmacy of another pharmacy benefits manager licensed under this chapter pursuant to an arrangement or agreement for the filling of a prescription or the provision of pharmacy care; (C) Offering or implementing plan designs that require an insured to utilize its affiliate pharmacy or an affiliate pharmacy of another pharmacy benefits manager licensed under this chapter or that increases plan or insured costs, including requiring an insured to pay the full cost for a prescription when an insured chooses not to use any affiliate pharmacy; or (D) Advertising, marketing, or promoting its affiliate pharmacy or an affiliate pharmacy of another pharmacy benefits manager licensed under this chapter to insureds. Subject to the foregoing, a pharmacy benefits manager may include its affiliated pharmacy or an affiliate pharmacy of another pharmacy benefits manager licensed under this chapter in communications to patients, including patient and prospective patient specific communications, regarding network pharmacies and prices, provided that the pharmacy benefits manager includes information regarding eligible nonaffiliated pharmacies in such communications and that the information provided is accurate."

SECTION 2. Said chapter is further amended by revising Code Section 33-64-2, relating to license requirements and filing fees, as follows:
"33-64-2. (a) No person, business entity, or other entity shall act as or hold itself out to be a pharmacy benefits manager in this state, other than an applicant licensed in this state for the kinds of business for which it is acting as a pharmacy benefits manager, unless such person, business entity, or other entity holds a license as a pharmacy benefits manager issued by the Commissioner pursuant to this chapter. The license shall be renewable on an annual basis. Failure to hold such license shall subject such person, business entity, or other entity to the fines and other appropriate penalties as provided in Chapter 2 of this title. (b) An application for a pharmacy benefits manager's license or an application for renewal of such license shall be accompanied by a filing fee of $2,000.00 for an initial license and $1,000.00 for renewal. (c) A license shall be issued or renewed by the Commissioner unless the Commissioner finds that the applicant for or holder of the license:

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(1) Has intentionally misrepresented or concealed any material fact in the application for the license; (2) Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud; (3) Has committed fraud; (4) Has failed to obtain for initial licensure or retain for annual licensure renewal a net worth of at least $200,000.00; or (5) Has violated any provision of this chapter while on probation, if for license renewal. (d) If the Commissioner moves to suspend, revoke, or nonrenew a license for a pharmacy benefits manager, the Commissioner shall provide notice of that action to the pharmacy benefits manager, and the pharmacy benefits manager may invoke the right to an administrative hearing in accordance with Chapter 2 of this title. (e) No licensee whose license has been revoked as prescribed under this Code section shall be entitled to file another application for a license within five years from the effective date of the revocation or, if judicial review of such revocation is sought, within five years from the date of final court order or decree affirming the revocation. The application when filed may be refused by the Commissioner unless the applicant shows good cause why the revocation of its license shall not be deemed a bar to the issuance of a new license. (f) Appeal from any order or decision of the Commissioner made pursuant to this chapter shall be taken as provided in Chapter 2 of this title. (g)(1) The Commissioner shall have the authority to issue a probationary license to any applicant under this title. (2) A probationary license may be issued for a period of not less than three months and not longer than 12 months and shall be subject to immediate revocation for cause at any time without a hearing. (3) The Commissioner shall prescribe the terms of probation, may extend the probationary period, or refuse to grant a license at the end of any probationary period in accordance with rules and regulations. (h) A pharmacy benefits manager's license may not be sold or transferred to a nonaffiliated or otherwise unrelated party. A pharmacy benefits manager may not contract or subcontract any of its negotiated formulary services to any unlicensed business entity . (i) In addition to all other penalties provided for under this title, the Commissioner shall have the authority to assess a monetary penalty against any person, business entity, or other entity acting as a pharmacy benefits manager without a license of up to $2,000.00 for each transaction in violation of this chapter, unless such person, business entity, or other entity knew or reasonably should have known it was in violation of this chapter, in which case the monetary penalty provided for in this subsection may be increased to an amount of up to $10,000.00 for each and every act in violation. (j) A licensed pharmacy benefits manager shall not market or administer any insurance product not approved in Georgia or that is issued by a nonadmitted insurer or unauthorized multiple employer self-insured health plan.

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(k) In addition to all other penalties provided for under this title, the Commissioner shall have the authority to place any pharmacy benefits manager on probation for a period of time not to exceed one year for each and every act in violation of this chapter and shall subject such pharmacy benefits manager to a monetary penalty of up to $2,000.00 for each and every act in violation of this chapter, unless the pharmacy benefits manager knew or reasonably should have known he or she was in violation of this chapter, in which case the monetary penalty provided for in this subsection shall be increased to an amount of up to $10,000.00 for each and every act in violation. In the event a pharmacy benefits manager violates any provision of this chapter while on probation, the Commissioner shall have the authority to suspend the pharmacy benefits manager's license. For purposes of this subsection, a violation shall be considered to have occurred each time an act in violation of this chapter is committed."

SECTION 3. Said chapter is further amended by revising Code Section 33-64-4, relating to a prohibition on the practice of medicine by a pharmacy benefits manager, as follows:
"33-64-4. (a) No pharmacy benefits manager shall engage in the practice of medicine, except as otherwise provided in subsection (b) of this Code section. (b) Any physician employed by or contracted with a pharmacy benefits manager advising on or making determinations specific to a Georgia insured in connection with a prior authorization or step therapy appeal or determination review shall:
(1) Have actively seen patients within the past five years; and (2) Have practiced in the same specialty area for which he or she is providing advisement within the past five years. (c) For contracts and amendments entered into with a pharmacy benefits manager on and after the effective date of this Act, the department is encouraged to require the use of a licensed Georgia physician for prior authorization or step therapy appeal or determination reviews."

SECTION 4. Said chapter is further amended by revising Code Section 33-64-7, relating to a prohibition on the extension of rules and regulations and the enforcement of specific provisions of the chapter and rules and regulations, as follows:
"33-64-7. (a) The Commissioner shall enforce the provisions of this chapter and may promulgate rules and regulations to implement the provisions of this chapter to ensure the safe and proper operations of pharmacy benefits managers in this state. (b) In addition to all other authority granted by this title, the Commissioner may:
(1) Conduct financial examinations and compliance audits of pharmacy benefits managers to ensure compliance with the provisions of this chapter and rules and

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regulations implemented pursuant to this chapter; provided, however, that such authority shall not extend to financial examination and compliance audits of pharmacy benefits managers' conduct in performing services on behalf of the state health benefit plan pursuant to Article 1 of Chapter 18 of Title 45 or the medical assistance program pursuant to Article 7 of Chapter 4 of Title 49. The pharmacy benefits manager subject to a financial examination or compliance audit shall pay all the actual expenses incurred in conducting the examination or audit. When the examination or audit is made by an examiner or auditor who is not a regular employee of the department, the pharmacy benefits manager examined or audited shall pay the proper expenses for the services of the examiner or auditor and his or her assistants and the actual travel and lodging expenses incurred by such examiners, auditors, and assistants in an amount approved by the Commissioner. The examiner or auditor shall file a consolidated accounting of expenses for the examination or audit with the Commissioner. No pharmacy benefits manager shall pay, and no examiner or auditor shall accept, any additional emolument on account of any examination or audit. When the examination or audit is conducted in whole or in part by regular salaried employees of the department, payment for such services and proper expenses shall be made by the pharmacy benefits manager examined or audited to the Commissioner. The Commissioner shall be authorized to keep a portion of examination or audit fees paid by the pharmacy benefits manager examined or audited to pay for any costs incurred as a result of the examination or audit, and any fees remaining shall be deposited in the state treasury; provided, however, that when a pharmacy benefits manager is examined or audited because of a complaint filed against such pharmacy benefits manager and it is determined by the Commissioner that the complaint was not justified, the expenses incurred as a result of the examination or audit shall not be assessed against the pharmacy benefits manager but shall be borne by the department; (2) Investigate complaints of alleged violations of this chapter; (3) Issue cease and desist orders when a pharmacy benefits manager is taking or threatening to take action in violation of this chapter or rules and regulations implemented pursuant to this chapter; and (4) Order reimbursement to an insured, pharmacy, or dispenser who has incurred a monetary loss as a result of a violation of this chapter or rules and regulations implemented pursuant to this chapter as well as order payment of a fine not to exceed $1,000.00 per violation to an insured, pharmacy, or dispenser who has been aggrieved as a result of a violation of this chapter or rules and regulations implemented pursuant to this chapter. Such fine shall be in addition to and shall not preclude any other fines imposed pursuant to this title. For purposes of this paragraph, a violation shall be considered to have occurred each time a prohibited act is committed. (c) A pharmacy benefits manager shall make its records available to the Commissioner, deidentified of any protected health information, upon written demand and provide

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cooperation in connection with financial examinations, compliance audits, and investigations. (d) In the event a violation of this chapter or rules and regulations implemented pursuant to this chapter is found following a complaint, the Commissioner may, at his or her discretion, conduct a compliance audit to identify whether any other similar violations have occurred within the state."

SECTION 5. Said chapter is further amended by adding a new Code section to read as follows:
"33-64-9.1. (a)(1) Any methodologies utilized by a pharmacy benefits manager in connection with reimbursement pursuant to Code Section 33-64-9 shall be filed with the Commissioner for use in determining maximum allowable cost appeals; provided, however, that methodologies not otherwise subject to disclosure under Article 4 of Chapter 18 of Title 50 shall be treated as confidential and shall not be subject to disclosure. (2) A pharmacy benefits manager shall utilize the national average drug acquisition cost as a point of reference for the ingredient drug product component of a pharmacy's reimbursement for drugs appearing on the national average drug acquisition cost list and shall produce a report every four months, which shall be provided to the Commissioner and published by the pharmacy benefits manager on a website available to the public for no less than 24 months, of all drugs appearing on the national average drug acquisition cost list reimbursed 10 percent and below the national average drug acquisition cost, as well as all drugs reimbursed 10 percent and above the national average drug acquisition cost. For each drug in the report, a pharmacy benefits manager shall include the month the drug was dispensed, the quantity of the drug dispensed, the amount the pharmacy was reimbursed per unit or dosage, whether the dispensing pharmacy was an affiliate, whether the drug was dispensed pursuant to a state or local government health plan, and the average national average drug acquisition cost for the month the drug was dispensed. Such report shall exclude drugs dispensed pursuant to 42 U.S.C. Section 256b. (3) This subsection shall not apply to Medicaid under Chapter 4 of Title 49 when the department reimburses providers directly for each covered service; provided, however, that it shall apply to Medicaid managed care programs administered through care management organizations. (4) This subsection shall take effect on January 1, 2021; provided, however, that prior to July 1, 2021, upon written request, a pharmacy benefits manager shall be granted an extension by the Commissioner of up to six months for its initial filing required pursuant to paragraph (1) of this subsection if the pharmacy benefits manager certifies it is in need of such extension.
(b) On and after July 1, 2021, a pharmacy benefits manager shall not:

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(1) Discriminate in reimbursement, assess any fees or adjustments, or exclude a pharmacy from the pharmacy benefit manager's network on the basis that the pharmacy dispenses drugs subject to an agreement under 42 U.S.C. Section 256b; or (2) Engage in any practice that:
(A) In any way bases pharmacy reimbursement for a drug on patient outcomes, scores, or metrics; provided, however, that nothing shall prohibit pharmacy reimbursement for pharmacy care, including dispensing fees from being based on patient outcomes, scores, or metrics so long as the patient outcomes, scores, or metrics are disclosed to and agreed to by the pharmacy in advance; (B) Includes imposing a point-of-sale fee or retroactive fee; or (C) Derives any revenue from a pharmacy or insured in connection with performing pharmacy benefits management services; provided, however, that this shall not be construed to prohibit pharmacy benefits managers from receiving deductibles or copayments. (c) This Code section shall also apply to pharmacy benefits managers' reimbursements to dispensers."

SECTION 6. Said chapter is further amended by revising Code Section 33-64-10, relating to administration of claims by pharmacy benefits manager, as follows:
"33-64-10. (a) A pharmacy benefits manager shall administer claims in compliance with Code Section 33-30-4.3 and shall not require insureds to use a mail-order pharmaceutical distributor including a mail-order pharmacy. (b) A pharmacy benefits manager shall offer a health plan the ability to receive 100 percent of all rebates it receives from pharmaceutical manufacturers. In addition, a pharmacy benefits manager shall report annually to each health plan and the department the aggregate amount of all rebates and other payments that the pharmacy benefits manager received from pharmaceutical manufacturers in connection with claims if administered on behalf of the health plan. (c) A pharmacy benefits manager shall offer a health plan the option of charging such health plan the same price for a prescription drug as it pays a pharmacy for the prescription drug; provided, however, that a pharmacy benefits manager shall charge a health benefit plan administered by or on behalf of the state or a political subdivision of the state, including any county or municipality, the same price for a prescription drug as it pays a pharmacy for the prescription drug. (d) A pharmacy benefits manager shall report in the aggregate to a health plan the difference between the amount the pharmacy benefits manager reimbursed a pharmacy and the amount the pharmacy benefits manager charged a health plan. Such information shall be confidential and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records; provided, however, that such information as it relates to health plans

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administered by or through the Department of Community Health, including Medicaid care management organizations, or any other state agency shall not be confidential and shall be subject to disclosure under Article 4 of Chapter 18 of Title 50. (e) When calculating an insured's contribution to any out-of-pocket maximum, deductible, or copayment responsibility, a pharmacy benefits manager shall include any amount paid by the insured or paid on his or her behalf through a third-party payment, financial assistance, discount, or product voucher for a prescription drug that does not have a generic equivalent or that has a generic equivalent but was obtained through prior authorization, a step therapy protocol, or the insurer's exceptions and appeals process. Nothing in this subsection shall be construed to require that a pharmacy benefits manager accept a third-party payment, financial assistance, discount, or product voucher submitted on behalf of an insured. (f) This Code section shall not apply to any licensed group model health maintenance organization with an exclusive medical group contract and which operates its own pharmacies which are licensed under Code Section 26-4-110. (g) As used in this Code section, the term 'generic equivalent':
(1) Means a drug that has an identical amount of the same active chemical ingredients in the same dosage form, that meets applicable standards of strength, quality, and purity according to the United States Pharmacopeia or other nationally recognized compendium, and that, if administered in the same amounts, will provide comparable therapeutic effects; and (2) Does not include a drug that is listed by the federal Food and Drug Administration as having unresolved bioequivalence concerns according to the administration's most recent publication of approved drug products with therapeutic equivalence evaluations."

SECTION 7. Said chapter is further amended by revising Code Section 33-64-11, relating to prohibited activities of pharmacy benefits manager, as follows:
"33-64-11. (a) A pharmacy benefits manager shall be proscribed from:
(1) Prohibiting a pharmacist, pharmacy, or other dispenser or dispenser practice from providing an insured individual information on the amount of the insured's cost share for such insured's prescription drug and the clinical efficacy of a more affordable alternative drug if one is available. No pharmacist, pharmacy, or other dispenser or dispenser practice shall be penalized by a pharmacy benefits manager for disclosing such information to an insured or for selling to an insured a more affordable alternative if one is available; (2) Prohibiting a pharmacist, pharmacy, or other dispenser or dispenser practice from offering and providing delivery services to an insured as an ancillary service of the pharmacy or dispenser practice;

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(3) Charging or collecting from an insured a copayment that exceeds the total submitted charges by the network pharmacy or other dispenser practice for which the pharmacy or dispenser practice is paid; (4) Charging or holding a pharmacist or pharmacy or dispenser or dispenser practice responsible for a fee or penalty relating to the adjudication of a claim or an audit conducted pursuant to Code Section 26-4-118, provided that this shall not restrict recoupments made in accordance with Code Section 26-4-118; (5) Recouping funds from a pharmacy in connection with claims for which the pharmacy has already been paid without first complying with the requirements set forth in Code Section 26-4-118, unless such recoupment is otherwise permitted or required by law; (6) Penalizing or retaliating against a pharmacist or pharmacy for exercising rights under this chapter or Code Section 26-4-118; (7) Steering. This paragraph shall not be construed to prohibit a pharmacy benefits manager from entering into an agreement with an affiliated pharmacy or an affiliated pharmacy of another pharmacy benefits manager licensed pursuant to this chapter to provide pharmacy care to patients; (8) Transferring or sharing records relative to prescription information containing patient-identifiable and prescriber-identifiable data to an affiliated pharmacy for any commercial purpose; provided, however, that nothing shall be construed to prohibit the exchange of prescription information between a pharmacy benefits manager and an affiliated pharmacy for the limited purposes of pharmacy reimbursement, formulary compliance, pharmacy care, or utilization review; (9) Knowingly making a misrepresentation to an insured, pharmacist, pharmacy, dispenser, or dispenser practice; (10) Taking any action in violation of subparagraphs (a)(21)(D) and (a)(21)(E) of Code Section 26-4-28 or charging a pharmacy a fee in connection with network enrollment; (11) Withholding coverage or requiring prior authorization for a lower cost therapeutically equivalent drug available to an insured or failing to reduce an insured's cost share when an insured selects a lower cost therapeutically equivalent drug; and (12) Removing a drug from a formulary or denying coverage of a drug for the purpose of incentivizing an insured to seek coverage from a different health plan. (b) To the extent that any provision of this Code section is inconsistent or conflicts with applicable federal law, rule, or regulation, such applicable federal law, rule, or regulation shall apply. (c) This Code section shall not apply to any licensed group model health maintenance organization with an exclusive medical group contract and which operates its own pharmacies which are licensed under Code Section 26-4-110."

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SECTION 8. Said chapter is further amended by adding new Code sections to read as follows:
"33-64-12. (a) The General Assembly finds that:
(1) The practice of steering by a pharmacy benefits manager represents a conflict of interest; (2) The practice of imposing point-of-sale fees or retroactive fees obscures the true cost of prescription drugs in this state; (3) These practices have resulted in harm, including increasing drug prices, overcharging insureds and payors, restricting insureds' choice of pharmacies and other dispensers, underpaying community pharmacies and other dispensers, and fragmenting and creating barriers to care, particularly in rural Georgia and for patients battling life-threatening illnesses and chronic diseases; and (4) Imposing a surcharge on pharmacy benefits managers that engage in these practices in this state may encourage entities licensed under this title and other payors to use pharmacy benefits managers that are committed to refraining from such practices. (b)(1) A pharmacy benefits manager that engages in the practices of steering or imposing point-of-sale fees or retroactive fees shall be subject to a surcharge payable to the state of 10 percent on the aggregate dollar amount it reimbursed pharmacies in the previous calendar year for prescription drugs for Georgia insureds. (2) Any other person operating a health plan and licensed under this title whose contracted pharmacy benefits manager engages in the practices of steering or imposing point-of-sale fees or retroactive fees in connection with its health plans shall be subject to a surcharge payable to the state of 10 percent on the aggregate dollar amount its pharmacy benefits manager reimbursed pharmacies on its behalf in the previous calendar year for prescription drugs for Georgia insureds. (c)(1) By March 1 of each year, a pharmacy benefits manager shall provide a letter to the Commissioner attesting as to whether or not, in the previous calendar year, it engaged in the practices of steering or imposing point-of-sale fees or retroactive fees. The pharmacy benefits manager shall also submit to the Commissioner, in a form and manner and by a date specified by the Commissioner, data detailing all prescription drug claims it administered for Georgia insureds on behalf of each health plan client and any other data the Commissioner deems necessary to evaluate whether a pharmacy benefits manager may be engaged in the practice of steering or imposing point-of-sale fees or retroactive fees. Such data shall be confidential and not subject to Article 4 of Chapter 18 of Title 50, relating to open records; provided, however, that the Commissioner shall prepare an aggregate report reflecting the total number of prescriptions administered by the reporting pharmacy benefits manager on behalf of all health plans in the state along with the total sum due to the state. The Department of Audits and Accounts shall have access to all confidential data collected by the Commissioner for audit purposes.

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(2) By March 1 of each year, any other person operating a health plan and licensed under this title that utilizes a contracted pharmacy benefits manager shall provide a letter to the Commissioner attesting as to whether or not, in the previous calendar year, its contracted pharmacy benefits manager engaged in the practices of steering or imposing point-of-sale fees or retroactive fees in connection with its health plans. The health plan shall also submit to the Commissioner, in a form and manner and by a date specified by the Commissioner, data detailing all prescription drug claims its contracted pharmacy benefits manager administered for Georgia insureds and any other data the Commissioner deems necessary to evaluate whether a health plan's pharmacy benefits manager may be engaged in the practice of steering or imposing point-of-sale fees or retroactive fees. Such data shall be confidential and not subject to Article 4 of Chapter 18 of Title 50, relating to open records; provided, however, that the Commissioner shall prepare an aggregate report reflecting the total number of prescriptions administered by the reporting health plan along with the total sum due to the state. The Department of Audits and Accounts shall have access to all confidential data collected by the Commissioner for audit purposes. (d) By April 1 of each year, a pharmacy benefits manager or other person operating a health plan and licensed under this title shall pay into the general fund of the state treasury the surcharge owed, if any, as contained in the report submitted pursuant to subsection (c) of this Code section. (e) Nothing in this Code section shall be construed to authorize the practices of steering or imposing point-of-sale fees or retroactive fees where otherwise prohibited by law.

33-64-13. To the extent that any provision of this chapter is inconsistent or conflicts with applicable federal law, rule, or regulation, such applicable federal law, rule, or regulation shall apply."

SECTION 9. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 2021, and shall apply to all contracts issued, delivered, or issued for delivery in this state on and after such date. (b) This section and Sections 1, 5, 7, and 10 of this Act shall become effective on January 1, 2021, and shall apply to all contracts issued, delivered, or issued for delivery in this state on and after such date.

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Approved August 5, 2020.

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INSURANCE PHARMACY BENEFITS MANAGERS; EXTENSIVE REVISIONS.

No. 584 (Senate Bill No. 313).

AN ACT

To amend Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, so as to provide extensive revisions regarding pharmacy benefits managers; to revise definitions; to revise provisions relating to license requirements and filing fees; to revise a provision regarding the prohibition on the practice of medicine by a pharmacy benefits manager; to provide additional authority for the Insurance Commissioner to regulate pharmacy benefits managers; to revise provisions relating to rebates from pharmaceutical manufacturers; to revise provisions relating to administration of claims; to revise provisions relating to prohibited activities; to provide for surcharges on certain practices; to provide for statutory construction; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, is amended by revising Code Section 33-64-1, relating to definitions, as follows:
"33-64-1. As used in this chapter, the term:
(1) 'Affiliate pharmacy' means a pharmacy which, either directly or indirectly through one or more intermediaries:
(A) Has an investment or ownership interest in a pharmacy benefits manager licensed under this chapter; (B) Shares common ownership with a pharmacy benefits manager licensed under this chapter; or (C) Has an investor or ownership interest holder which is a pharmacy benefits manager licensed under this chapter. (2) 'Business entity' means a corporation, association, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity. (3) 'Dispenser' shall have the same meaning as in paragraph (10) of Code Section 16-13-21.

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(4) 'Health plan' means an individual or group plan or program which is established by contract, certificate, law, plan, policy, subscriber agreement, or any other method and which is entered into, issued, or offered for the purpose of arranging for, delivering, paying for, providing, or reimbursing any of the costs of health care or medical care, including pharmacy services, drugs, or devices. Such term includes any health care coverage provided under the state health benefit plan pursuant to Article 1 of Chapter 18 of Title 45; the medical assistance program pursuant to Article 7 of Chapter 4 of Title 49; the PeachCare for Kids Program pursuant to Article 13 of Chapter 5 of Title 49; and any other health benefit plan or policy administered by or on behalf of this state. (5) 'Health system' means a hospital or any other facility or entity owned, operated, or leased by a hospital and a long-term care home. (6) 'Insured' means a person who receives prescription drug benefits administered by a pharmacy benefits manager. (7) 'Maximum allowable cost' means the per unit amount that a pharmacy benefits manager reimburses a pharmacist for a prescription drug, excluding dispensing fees and copayments, coinsurance, or other cost-sharing charges, if any. (8) 'National average drug acquisition cost' means the monthly survey of retail pharmacies conducted by the federal Centers for Medicare and Medicaid Services to determine average acquisition cost for Medicaid covered outpatient drugs. (9) 'Pharmacy' means a pharmacy or pharmacist licensed pursuant to Chapter 4 of Title 26 or another dispensing provider. (10) 'Pharmacy benefits management' means the administration of a plan or program that pays for, reimburses, and covers the cost of drugs, devices, or pharmacy care to insureds on behalf of a health plan. The term shall not include the practice of pharmacy as defined in Code Section 26-4-4. (11) 'Pharmacy benefits manager' means a person, business entity, or other entity that performs pharmacy benefits management. The term includes a person or entity acting for a pharmacy benefits manager in a contractual or employment relationship in the performance of pharmacy benefits management for a health plan. The term does not include services provided by pharmacies operating under a hospital pharmacy license. The term also does not include health systems while providing pharmacy services for their patients, employees, or beneficiaries, for indigent care, or for the provision of drugs for outpatient procedures. The term also does not include services provided by pharmacies affiliated with a facility licensed under Code Section 31-44-4 or a licensed group model health maintenance organization with an exclusive medical group contract and which operates its own pharmacies which are licensed under Code Section 26-4-110. (12) 'Point-of-sale fee' means all or a portion of a drug reimbursement to a pharmacy or other dispenser withheld at the time of adjudication of a claim for any reason. (13) 'Rebate' means any and all payments that accrue to a pharmacy benefits manager or its health plan client, directly or indirectly, from a pharmaceutical manufacturer, including but not limited to discounts, administration fees, credits, incentives, or penalties

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associated directly or indirectly in any way with claims administered on behalf of a health plan client. (14) 'Retroactive fee' means all or a portion of a drug reimbursement to a pharmacy or other dispenser recouped or reduced following adjudication of a claim for any reason, except as otherwise permissible as described in Code Section 26-4-118. (15) 'Steering' means:
(A) Ordering an insured to use its affiliate pharmacy for the filling of a prescription or the provision of pharmacy care; (B) Ordering an insured to use an affiliate pharmacy of another pharmacy benefits manager licensed under this chapter pursuant to an arrangement or agreement for the filling of a prescription or the provision of pharmacy care; (C) Offering or implementing plan designs that require an insured to utilize its affiliate pharmacy or an affiliate pharmacy of another pharmacy benefits manager licensed under this chapter or that increases plan or insured costs, including requiring an insured to pay the full cost for a prescription when an insured chooses not to use any affiliate pharmacy; or (D) Advertising, marketing, or promoting its affiliate pharmacy or an affiliate pharmacy of another pharmacy benefits manager licensed under this chapter to insureds. Subject to the foregoing, a pharmacy benefits manager may include its affiliated pharmacy or an affiliate pharmacy of another pharmacy benefits manager licensed under this chapter in communications to patients, including patient and prospective patient specific communications, regarding network pharmacies and prices, provided that the pharmacy benefits manager includes information regarding eligible nonaffiliated pharmacies in such communications and that the information provided is accurate."

SECTION 2. Said chapter is further amended by revising Code Section 33-64-2, relating to license requirements and filing fees, as follows:
"33-64-2. (a) No person, business entity, or other entity shall act as or hold itself out to be a pharmacy benefits manager in this state, other than an applicant licensed in this state for the kinds of business for which it is acting as a pharmacy benefits manager, unless such person, business entity, or other entity holds a license as a pharmacy benefits manager issued by the Commissioner pursuant to this chapter. The license shall be renewable on an annual basis. Failure to hold such license shall subject such person, business entity, or other entity to the fines and other appropriate penalties as provided in Chapter 2 of this title. (b) An application for a pharmacy benefits manager's license or an application for renewal of such license shall be accompanied by a filing fee of $2,000.00 for an initial license and $1,000.00 for renewal.

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(c) A license shall be issued or renewed by the Commissioner unless the Commissioner finds that the applicant for or holder of the license:
(1) Has intentionally misrepresented or concealed any material fact in the application for the license; (2) Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud; (3) Has committed fraud; (4) Has failed to obtain for initial licensure or retain for annual licensure renewal a net worth of at least $200,000.00; or (5) Has violated any provision of this chapter while on probation, if for license renewal. (d) If the Commissioner moves to suspend, revoke, or nonrenew a license for a pharmacy benefits manager, the Commissioner shall provide notice of that action to the pharmacy benefits manager, and the pharmacy benefits manager may invoke the right to an administrative hearing in accordance with Chapter 2 of this title. (e) No licensee whose license has been revoked as prescribed under this Code section shall be entitled to file another application for a license within five years from the effective date of the revocation or, if judicial review of such revocation is sought, within five years from the date of final court order or decree affirming the revocation. The application when filed may be refused by the Commissioner unless the applicant shows good cause why the revocation of its license shall not be deemed a bar to the issuance of a new license. (f) Appeal from any order or decision of the Commissioner made pursuant to this chapter shall be taken as provided in Chapter 2 of this title. (g)(1) The Commissioner shall have the authority to issue a probationary license to any applicant under this title. (2) A probationary license may be issued for a period of not less than three months and not longer than 12 months and shall be subject to immediate revocation for cause at any time without a hearing. (3) The Commissioner shall prescribe the terms of probation, may extend the probationary period, or refuse to grant a license at the end of any probationary period in accordance with rules and regulations. (h) A pharmacy benefits manager's license may not be sold or transferred to a nonaffiliated or otherwise unrelated party. A pharmacy benefits manager may not contract or subcontract any of its negotiated formulary services to any unlicensed business entity . (i) In addition to all other penalties provided for under this title, the Commissioner shall have the authority to assess a monetary penalty against any person, business entity, or other entity acting as a pharmacy benefits manager without a license of up to $2,000.00 for each transaction in violation of this chapter, unless such person, business entity, or other entity knew or reasonably should have known it was in violation of this chapter, in which case the monetary penalty provided for in this subsection may be increased to an amount of up to $10,000.00 for each and every act in violation.

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(j) A licensed pharmacy benefits manager shall not market or administer any insurance product not approved in Georgia or that is issued by a nonadmitted insurer or unauthorized multiple employer self-insured health plan. (k) In addition to all other penalties provided for under this title, the Commissioner shall have the authority to place any pharmacy benefits manager on probation for a period of time not to exceed one year for each and every act in violation of this chapter and shall subject such pharmacy benefits manager to a monetary penalty of up to $2,000.00 for each and every act in violation of this chapter, unless the pharmacy benefits manager knew or reasonably should have known he or she was in violation of this chapter, in which case the monetary penalty provided for in this subsection shall be increased to an amount of up to $10,000.00 for each and every act in violation. In the event a pharmacy benefits manager violates any provision of this chapter while on probation, the Commissioner shall have the authority to suspend the pharmacy benefits manager's license. For purposes of this subsection, a violation shall be considered to have occurred each time an act in violation of this chapter is committed."

SECTION 3. Said chapter is further amended by revising Code Section 33-64-4, relating to a prohibition on the practice of medicine by a pharmacy benefits manager, as follows:
"33-64-4. (a) No pharmacy benefits manager shall engage in the practice of medicine, except as otherwise provided in subsection (b) of this Code section. (b) Any physician employed by or contracted with a pharmacy benefits manager advising on or making determinations specific to a Georgia insured in connection with a prior authorization or step therapy appeal or determination review shall:
(1) Have actively seen patients within the past five years; and (2) Have practiced in the same specialty area for which he or she is providing advisement within the past five years. (c) For contracts and amendments entered into with a pharmacy benefits manager on and after the effective date of this Act, the department is encouraged to require the use of a licensed Georgia physician for prior authorization or step therapy appeal or determination reviews."

SECTION 4. Said chapter is further amended by revising Code Section 33-64-7, relating to a prohibition on the extension of rules and regulations and the enforcement of specific provisions of the chapter and rules and regulations, as follows:
"33-64-7. (a) The Commissioner shall enforce the provisions of this chapter and may promulgate rules and regulations to implement the provisions of this chapter to ensure the safe and proper operations of pharmacy benefits managers in this state.

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(b) In addition to all other authority granted by this title, the Commissioner may: (1) Conduct financial examinations and compliance audits of pharmacy benefits managers to ensure compliance with the provisions of this chapter and rules and regulations implemented pursuant to this chapter; provided, however, that such authority shall not extend to financial examination and compliance audits of pharmacy benefits managers' conduct in performing services on behalf of the state health benefit plan pursuant to Article 1 of Chapter 18 of Title 45 or the medical assistance program pursuant to Article 7 of Chapter 4 of Title 49. The pharmacy benefits manager subject to a financial examination or compliance audit shall pay all the actual expenses incurred in conducting the examination or audit. When the examination or audit is made by an examiner or auditor who is not a regular employee of the department, the pharmacy benefits manager examined or audited shall pay the proper expenses for the services of the examiner or auditor and his or her assistants and the actual travel and lodging expenses incurred by such examiners, auditors, and assistants in an amount approved by the Commissioner. The examiner or auditor shall file a consolidated accounting of expenses for the examination or audit with the Commissioner. No pharmacy benefits manager shall pay, and no examiner or auditor shall accept, any additional emolument on account of any examination or audit. When the examination or audit is conducted in whole or in part by regular salaried employees of the department, payment for such services and proper expenses shall be made by the pharmacy benefits manager examined or audited to the Commissioner. The Commissioner shall be authorized to keep a portion of examination or audit fees paid by the pharmacy benefits manager examined or audited to pay for any costs incurred as a result of the examination or audit, and any fees remaining shall be deposited in the state treasury; provided, however, that when a pharmacy benefits manager is examined or audited because of a complaint filed against such pharmacy benefits manager and it is determined by the Commissioner that the complaint was not justified, the expenses incurred as a result of the examination or audit shall not be assessed against the pharmacy benefits manager but shall be borne by the department; (2) Investigate complaints of alleged violations of this chapter; (3) Issue cease and desist orders when a pharmacy benefits manager is taking or threatening to take action in violation of this chapter or rules and regulations implemented pursuant to this chapter; and (4) Order reimbursement to an insured, pharmacy, or dispenser who has incurred a monetary loss as a result of a violation of this chapter or rules and regulations implemented pursuant to this chapter as well as order payment of a fine not to exceed $1,000.00 per violation to an insured, pharmacy, or dispenser who has been aggrieved as a result of a violation of this chapter or rules and regulations implemented pursuant to this chapter. Such fine shall be in addition to and shall not preclude any other fines imposed pursuant to this title. For purposes of this paragraph, a violation shall be considered to have occurred each time a prohibited act is committed.

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(c) A pharmacy benefits manager shall make its records available to the Commissioner, deidentified of any protected health information, upon written demand and provide cooperation in connection with financial examinations, compliance audits, and investigations. (d) In the event a violation of this chapter or rules and regulations implemented pursuant to this chapter is found following a complaint, the Commissioner may, at his or her discretion, conduct a compliance audit to identify whether any other similar violations have occurred within the state."

SECTION 5. Said chapter is further amended by adding a new Code section to read as follows:
"33-64-9.1. (a)(1) Any methodologies utilized by a pharmacy benefits manager in connection with reimbursement pursuant to Code Section 33-64-9 shall be filed with the Commissioner for use in determining maximum allowable cost appeals; provided, however, that methodologies not otherwise subject to disclosure under Article 4 of Chapter 18 of Title 50 shall be treated as confidential and shall not be subject to disclosure. (2) A pharmacy benefits manager shall utilize the national average drug acquisition cost as a point of reference for the ingredient drug product component of a pharmacy's reimbursement for drugs appearing on the national average drug acquisition cost list and shall produce a report every four months, which shall be provided to the Commissioner and published by the pharmacy benefits manager on a website available to the public for no less than 24 months, of all drugs appearing on the national average drug acquisition cost list reimbursed 10 percent and below the national average drug acquisition cost, as well as all drugs reimbursed 10 percent and above the national average drug acquisition cost. For each drug in the report, a pharmacy benefits manager shall include the month the drug was dispensed, the quantity of the drug dispensed, the amount the pharmacy was reimbursed per unit or dosage, whether the dispensing pharmacy was an affiliate, whether the drug was dispensed pursuant to a state or local government health plan, and the average national average drug acquisition cost for the month the drug was dispensed. Such report shall exclude drugs dispensed pursuant to 42 U.S.C. Section 256b. (3) This subsection shall not apply to Medicaid under Chapter 4 of Title 49 when the department reimburses providers directly for each covered service; provided, however, that it shall apply to Medicaid managed care programs administered through care management organizations. (4) This subsection shall take effect on January 1, 2021; provided, however, that prior to July 1, 2021, upon written request, a pharmacy benefits manager shall be granted an extension by the Commissioner of up to six months for its initial filing required pursuant to paragraph (1) of this subsection if the pharmacy benefits manager certifies it is in need of such extension.
(b) On and after July 1, 2021, a pharmacy benefits manager shall not:

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(1) Discriminate in reimbursement, assess any fees or adjustments, or exclude a pharmacy from the pharmacy benefit manager's network on the basis that the pharmacy dispenses drugs subject to an agreement under 42 U.S.C. Section 256b; or (2) Engage in any practice that:
(A) In any way bases pharmacy reimbursement for a drug on patient outcomes, scores, or metrics; provided, however, that nothing shall prohibit pharmacy reimbursement for pharmacy care, including dispensing fees from being based on patient outcomes, scores, or metrics so long as the patient outcomes, scores, or metrics are disclosed to and agreed to by the pharmacy in advance; (B) Includes imposing a point-of-sale fee or retroactive fee; or (C) Derives any revenue from a pharmacy or insured in connection with performing pharmacy benefits management services; provided, however, that this shall not be construed to prohibit pharmacy benefits managers from receiving deductibles or copayments. (c) This Code section shall also apply to pharmacy benefits managers' reimbursements to dispensers."

SECTION 6. Said chapter is further amended by revising Code Section 33-64-10, relating to administration of claims by pharmacy benefits manager, as follows:
"33-64-10. (a) A pharmacy benefits manager shall administer claims in compliance with Code Section 33-30-4.3 and shall not require insureds to use a mail-order pharmaceutical distributor including a mail-order pharmacy. (b) A pharmacy benefits manager shall offer a health plan the ability to receive 100 percent of all rebates it receives from pharmaceutical manufacturers. In addition, a pharmacy benefits manager shall report annually to each health plan and the department the aggregate amount of all rebates and other payments that the pharmacy benefits manager received from pharmaceutical manufacturers in connection with claims if administered on behalf of the health plan. (c) A pharmacy benefits manager shall offer a health plan the option of charging such health plan the same price for a prescription drug as it pays a pharmacy for the prescription drug; provided, however, that a pharmacy benefits manager shall charge a health benefit plan administered by or on behalf of the state or a political subdivision of the state, including any county or municipality, the same price for a prescription drug as it pays a pharmacy for the prescription drug. (d) A pharmacy benefits manager shall report in the aggregate to a health plan the difference between the amount the pharmacy benefits manager reimbursed a pharmacy and the amount the pharmacy benefits manager charged a health plan. Such information shall be confidential and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records; provided, however, that such information as it relates to health plans

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administered by or through the Department of Community Health, including Medicaid care management organizations, or any other state agency shall not be confidential and shall be subject to disclosure under Article 4 of Chapter 18 of Title 50. (e) When calculating an insured's contribution to any out-of-pocket maximum, deductible, or copayment responsibility, a pharmacy benefits manager shall include any amount paid by the insured or paid on his or her behalf through a third-party payment, financial assistance, discount, or product voucher for a prescription drug that does not have a generic equivalent or that has a generic equivalent but was obtained through prior authorization, a step therapy protocol, or the insurer's exceptions and appeals process. Nothing in this subsection shall be construed to require that a pharmacy benefits manager accept a third-party payment, financial assistance, discount, or product voucher submitted on behalf of an insured. (f) This Code section shall not apply to any licensed group model health maintenance organization with an exclusive medical group contract and which operates its own pharmacies which are licensed under Code Section 26-4-110. (g) As used in this Code section, the term 'generic equivalent':
(1) Means a drug that has an identical amount of the same active chemical ingredients in the same dosage form, that meets applicable standards of strength, quality, and purity according to the United States Pharmacopeia or other nationally recognized compendium, and that, if administered in the same amounts, will provide comparable therapeutic effects; and (2) Does not include a drug that is listed by the federal Food and Drug Administration as having unresolved bioequivalence concerns according to the administration's most recent publication of approved drug products with therapeutic equivalence evaluations."

SECTION 7. Said chapter is further amended by revising Code Section 33-64-11, relating to prohibited activities of pharmacy benefits manager, as follows:
"33-64-11. (a) A pharmacy benefits manager shall be proscribed from:
(1) Prohibiting a pharmacist, pharmacy, or other dispenser or dispenser practice from providing an insured individual information on the amount of the insured's cost share for such insured's prescription drug and the clinical efficacy of a more affordable alternative drug if one is available. No pharmacist, pharmacy, or other dispenser or dispenser practice shall be penalized by a pharmacy benefits manager for disclosing such information to an insured or for selling to an insured a more affordable alternative if one is available; (2) Prohibiting a pharmacist, pharmacy, or other dispenser or dispenser practice from offering and providing delivery services to an insured as an ancillary service of the pharmacy or dispenser practice;

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(3) Charging or collecting from an insured a copayment that exceeds the total submitted charges by the network pharmacy or other dispenser practice for which the pharmacy or dispenser practice is paid; (4) Charging or holding a pharmacist or pharmacy or dispenser or dispenser practice responsible for a fee or penalty relating to the adjudication of a claim or an audit conducted pursuant to Code Section 26-4-118, provided that this shall not restrict recoupments made in accordance with Code Section 26-4-118; (5) Recouping funds from a pharmacy in connection with claims for which the pharmacy has already been paid without first complying with the requirements set forth in Code Section 26-4-118, unless such recoupment is otherwise permitted or required by law; (6) Penalizing or retaliating against a pharmacist or pharmacy for exercising rights under this chapter or Code Section 26-4-118; (7) Steering. This paragraph shall not be construed to prohibit a pharmacy benefits manager from entering into an agreement with an affiliated pharmacy or an affiliated pharmacy of another pharmacy benefits manager licensed pursuant to this chapter to provide pharmacy care to patients; (8) Transferring or sharing records relative to prescription information containing patient-identifiable and prescriber-identifiable data to an affiliated pharmacy for any commercial purpose; provided, however, that nothing shall be construed to prohibit the exchange of prescription information between a pharmacy benefits manager and an affiliated pharmacy for the limited purposes of pharmacy reimbursement, formulary compliance, pharmacy care, or utilization review; (9) Knowingly making a misrepresentation to an insured, pharmacist, pharmacy, dispenser, or dispenser practice; (10) Taking any action in violation of subparagraphs (a)(21)(D) and (a)(21)(E) of Code Section 26-4-28 or charging a pharmacy a fee in connection with network enrollment; (11) Withholding coverage or requiring prior authorization for a lower cost therapeutically equivalent drug available to an insured or failing to reduce an insured's cost share when an insured selects a lower cost therapeutically equivalent drug; and (12) Removing a drug from a formulary or denying coverage of a drug for the purpose of incentivizing an insured to seek coverage from a different health plan. (b) To the extent that any provision of this Code section is inconsistent or conflicts with applicable federal law, rule, or regulation, such applicable federal law, rule, or regulation shall apply. (c) This Code section shall not apply to any licensed group model health maintenance organization with an exclusive medical group contract and which operates its own pharmacies which are licensed under Code Section 26-4-110."

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SECTION 8. Said chapter is further amended by adding new Code sections to read as follows:
"33-64-12. (a) The General Assembly finds that:
(1) The practice of steering by a pharmacy benefits manager represents a conflict of interest; (2) The practice of imposing point-of-sale fees or retroactive fees obscures the true cost of prescription drugs in this state; (3) These practices have resulted in harm, including increasing drug prices, overcharging insureds and payors, restricting insureds' choice of pharmacies and other dispensers, underpaying community pharmacies and other dispensers, and fragmenting and creating barriers to care, particularly in rural Georgia and for patients battling life-threatening illnesses and chronic diseases; and (4) Imposing a surcharge on pharmacy benefits managers that engage in these practices in this state may encourage entities licensed under this title and other payors to use pharmacy benefits managers that are committed to refraining from such practices. (b)(1) A pharmacy benefits manager that engages in the practices of steering or imposing point-of-sale fees or retroactive fees shall be subject to a surcharge payable to the state of 10 percent on the aggregate dollar amount it reimbursed pharmacies in the previous calendar year for prescription drugs for Georgia insureds. (2) Any other person operating a health plan and licensed under this title whose contracted pharmacy benefits manager engages in the practices of steering or imposing point-of-sale fees or retroactive fees in connection with its health plans shall be subject to a surcharge payable to the state of 10 percent on the aggregate dollar amount its pharmacy benefits manager reimbursed pharmacies on its behalf in the previous calendar year for prescription drugs for Georgia insureds. (c)(1) By March 1 of each year, a pharmacy benefits manager shall provide a letter to the Commissioner attesting as to whether or not, in the previous calendar year, it engaged in the practices of steering or imposing point-of-sale fees or retroactive fees. The pharmacy benefits manager shall also submit to the Commissioner, in a form and manner and by a date specified by the Commissioner, data detailing all prescription drug claims it administered for Georgia insureds on behalf of each health plan client and any other data the Commissioner deems necessary to evaluate whether a pharmacy benefits manager may be engaged in the practice of steering or imposing point-of-sale fees or retroactive fees. Such data shall be confidential and not subject to Article 4 of Chapter 18 of Title 50, relating to open records; provided, however, that the Commissioner shall prepare an aggregate report reflecting the total number of prescriptions administered by the reporting pharmacy benefits manager on behalf of all health plans in the state along with the total sum due to the state. The Department of Audits and Accounts shall have access to all confidential data collected by the Commissioner for audit purposes.

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(2) By March 1 of each year, any other person operating a health plan and licensed under this title that utilizes a contracted pharmacy benefits manager shall provide a letter to the Commissioner attesting as to whether or not, in the previous calendar year, its contracted pharmacy benefits manager engaged in the practices of steering or imposing point-of-sale fees or retroactive fees in connection with its health plans. The health plan shall also submit to the Commissioner, in a form and manner and by a date specified by the Commissioner, data detailing all prescription drug claims its contracted pharmacy benefits manager administered for Georgia insureds and any other data the Commissioner deems necessary to evaluate whether a health plan's pharmacy benefits manager may be engaged in the practice of steering or imposing point-of-sale fees or retroactive fees. Such data shall be confidential and not subject to Article 4 of Chapter 18 of Title 50, relating to open records; provided, however, that the Commissioner shall prepare an aggregate report reflecting the total number of prescriptions administered by the reporting health plan along with the total sum due to the state. The Department of Audits and Accounts shall have access to all confidential data collected by the Commissioner for audit purposes. (d) By April 1 of each year, a pharmacy benefits manager or other person operating a health plan and licensed under this title shall pay into the general fund of the state treasury the surcharge owed, if any, as contained in the report submitted pursuant to subsection (c) of this Code section. (e) Nothing in this Code section shall be construed to authorize the practices of steering or imposing point-of-sale fees or retroactive fees where otherwise prohibited by law.

33-64-13. To the extent that any provision of this chapter is inconsistent or conflicts with applicable federal law, rule, or regulation, such applicable federal law, rule, or regulation shall apply."

SECTION 9. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 2021, and shall apply to all contracts issued, delivered, or issued for delivery in this state on and after such date. (b) This section and Sections 1, 5, 7, and 10 of this Act shall become effective on January 1, 2021, and shall apply to all contracts issued, delivered, or issued for delivery in this state on and after such date.

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Approved August 5, 2020.

792

GENERAL ACTS AND RESOLUTIONS, VOL. I

REVENUE AND TAXATION SALES AND USE TAX EXEMPTIONS.

No. 585 (Senate Bill No. 104).

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 repeal sunset provisions regarding certain tax exemptions; to exempt sales to organ procurement organizations from sales and use tax; to provide for an annual report; to expand the exemption for the use of food and food ingredients donated to qualified nonprofit agencies to include disaster relief; 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 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by revising paragraphs (7.05), (7.3), (46), (57.1), (57.2), (57.3), and (101) of Code Section 48-8-3, relating to exemptions, as follows:
"(7.05)(A) 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.
(B)(i) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, 2A, 3, or 4 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (C) Notwithstanding Code Sections 48-2-15, 48-7-60, and 48-7-61, any taxpayer seeking to claim the exemption provided for within subparagraph (A) of this paragraph shall electronically submit to the department, at the time of application for the exemption and any such annual renewal, the total number of patients treated in the previous calendar year, 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 detailing the total number of

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patients treated, average monthly number of full-time employees, and the total amount of sales and use tax exempted sales for the previous calendar year, by June 30 each year;" "(7.3)(A) 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. (B) Notwithstanding Code Sections 48-2-15, 48-7-60, and 48-7-61, any taxpayer seeking to claim the exemption provided for within subparagraph (A) of this paragraph shall electronically submit to the department, at the time of application for the exemption and any such annual renewal, the total number of patients treated in the previous calendar year, 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 detailing the total number of patients treated, average monthly number of full-time employees, and the total amount of sales and use tax exempted sales for the previous calendar year, by June 30 each year;" "(46) Sales to blood banks and organ procurement organizations as defined in Code Section 44-5-141 having a nonprofit status pursuant to Section 501(c)(3) of the Internal Revenue Code. Each organ procurement organization exempt under this paragraph shall submit an annual report to the Department of Community Health which includes the number of donors and transplants facilitated by such organization in the organization's previous fiscal year;" "(57.1)(A) Sales of food and food ingredients to a qualified food bank. (B) As used in this paragraph, the term 'qualified food bank' means any food bank which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and which is operated primarily for the purpose of providing hunger relief to low-income persons residing in this state. (C) Notwithstanding Code Sections 48-2-15, 48-7-60, and 48-7-61, any taxpayer seeking to claim the exemption provided for within subparagraph (A) of this paragraph shall electronically submit to the department, at the time of application for the exemption and any such annual renewal, the total number of clients served in the previous calendar year, total pounds of food donated by retailers, and total amount of exempt purchases made in the preceding year. The department shall then issue a report to the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee detailing the total number of clients served, total pounds of food donated by retailers, and total amount of sales and use tax exempted sales for the previous calendar year, by June 30 each year.

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(D) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph; (57.2)(A) The use of food and food ingredients donated to a qualified nonprofit agency and used for hunger relief or disaster relief purposes. (B) As used in this paragraph, the term 'qualified nonprofit agency' means any entity which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code and which provides hunger relief. (C) For the purposes of this paragraph, the term 'food and food ingredients' as defined in Code Section 48-8-2 shall not include drugs or over-the-counter drugs. (D) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph; (57.3)(A) The use of food and food ingredients which is donated following a natural disaster and which is used for disaster relief purposes. (B) For the purposes of this paragraph, the term 'food and food ingredients' as defined in Code Section 48-8-2 shall not include drugs or over-the-counter drugs. (C) The commissioner is authorized to promulgate rules and regulations deemed necessary in order to administer and effectuate this paragraph;" "(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, 2026. 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 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 August 5, 2020.

GEORGIA LAWS 2020 SESSION

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LOCAL GOVERNMENT REVENUE BONDS; DEFINITION OF UNDERTAKING WITH REGARD
TO ELECTRIC SYSTEMS.

No. 586 (Senate Bill No. 43).

AN ACT

To amend Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to revenue bonds, so as to revise the definition of the term "undertaking" as it relates to electric systems; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to revenue bonds, is amended by revising division (4)(C)(iv) of Code Section 36-82-61, relating to definitions relative to revenue bonds, as follows:
"(iv) Used or useful in connection with buying, constructing, extending, operating, and maintaining gas or electric generating, transmission, and distribution systems together with all necessary appurtenances thereof; provided, however, that any revenue certificates issued by a governmental body with electric utility assets that have a net book value of less than $300 million to buy, construct, extend, operate, and maintain electric generating, transmission, and distribution systems shall, before being undertaken, be authorized by a majority of those voting at an election held for the purpose in the county, municipal corporation, or political subdivision affected, the election for such to be held in the same manner as is used in issuing bonds of such county, municipal corporation, or political subdivision and the said elections shall be called and provided for by officers in charge of the fiscal affairs of said county, municipal corporation, or political subdivision affected;"

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 August 5, 2020.

796

GENERAL ACTS AND RESOLUTIONS, VOL. I

HEALTH PUBLIC OFFICERS AND EMPLOYEES STATE HEALTH BENEFIT PLAN; BREAST CANCER SCREENINGS.

No. 587 (House Bill No. 1125).

AN ACT

To amend Article 1 of Chapter 1 of Title 31 and Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relating to health and state employees' health insurance and benefit plans, respectively, so as to provide for information and screening coverage for individuals with a high risk for breast cancer; to define a term; to provide for information to be posted on the internet and distributed to physicians; to provide for coverage under the state health benefit plan for additional screening for individuals at high risk for breast cancer; to provide for related matters; to provide for a short title; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as "Lacee's Law."

SECTION 2. Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relating to health, is amended by adding a new Code section to read as follows:
"31-1-18. (a) As used in this Code section, the term 'individual with a high risk for breast cancer' means an individual:
(1) With a lifetime risk of breast cancer of 20 percent or greater as according to a risk assessment tool based primarily on family history, such as but not limited to, the Tyrer-Cuzick Version 8.0b model; (2) With a known BRCA1 or BRCA2 gene mutation based on genetic testing; (3) Who has not had genetic testing, but has a first-degree relative with a BRCA1 or BRCA2 gene mutation; (4) Who has had radiation therapy to the chest between ten and 30 years of age; and (5) Who has Li-Fraumeni syndrome, Cowden syndrome, or Bannayan-Riley-Ruvalcaba syndrome or has a first-degree relative who has any such syndrome. (b) The department, in consultation with the Georgia Composite Medical Board, shall identify and compile information on factors and pertinent history to identify individuals with a high risk for breast cancer. Such information shall be reviewed annually and updated, if necessary.

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(c) The information identified and compiled pursuant to subsection (b) of this Code section shall be posted in a prominent location on the department's website for the purpose of providing consumers with information on pertinent family history and other factors that should be provided to an individual's physician to determine whether someone is an individual with a high risk for breast cancer. Such information shall also be annually distributed by the Georgia Composite Medical Board to all physicians licensed to practice medicine in this state."

SECTION 3. Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance and benefit plans, is amended by adding a new Code section to read as follows:
"45-18-4.1. (a) As used in this Code section, the term 'individual with a high risk for breast cancer' means an individual:
(1) With a lifetime risk of breast cancer of 20 percent or greater as according to a risk assessment tool based primarily on family history, such as but not limited to, the Tyrer-Cuzick Version 8.0b model; (2) With a known BRCA1 or BRCA2 gene mutation based on genetic testing; (3) Who has not had genetic testing, but has a first-degree relative with a BRCA1 or BRCA2 gene mutation; (4) Who has had radiation therapy to the chest between ten and 30 years of age; and (5) Who has Li-Fraumeni syndrome, Cowden syndrome, or Bannayan-Riley-Ruvalcaba syndrome or has a first-degree relative who has any such syndrome. (b) The health insurance plan established pursuant to this article shall include coverage for breast cancer screening for individuals with a high risk for breast cancer who are 30 years of age or older. Such breast cancer screening coverage shall include: (1) An annual mammogram or digital breast tomosynthesis; and (2) An annual breast magnetic resonance imaging (MRI) scan or appropriate alternative advanced screening study, such as but not limited to, whole breast ultrasound, if the individual is unable to undergo such breast magnetic resonance imaging (MRI). (c) The department shall collect nonidentifying data on the number of individuals in the health insurance plan established pursuant to this article who are determined to be individuals with a high risk for breast cancer pursuant to this Code section."

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

Approved August 5, 2020.

798

GENERAL ACTS AND RESOLUTIONS, VOL. I

TORTS IMMUNITIES FOR CERTAIN COVID-19 CLAIMS.

No. 588 (Senate Bill No. 359).

AN ACT

To amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for certain immunities from liability claims regarding COVID-19; to provide for definitions; to provide for excs; to provide for assumption of risk presumptions; to provide for jury instructions; to provide a short title; to provide for findings; 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. The General Assembly finds that:
(1) Healthcare institutions, facilities, and workers require additional flexibility to provide the critical assistance and care needed by this state during the unprecedented COVID-19 pandemic; and (2) Certain protections provided to healthcare institutions, facilities, and workers in the Governor's Executive Orders dated April 14, 2020, and May 12, 2020, should continue beyond the Public Health State of Emergency as provided for in this Act.

SECTION 2. This Act shall be known and may be cited as the "Georgia COVID-19 Pandemic Business Safety Act."

SECTION 3. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding a new chapter to read as follows:

"CHAPTER 16

51-16-1. As used in this chapter, the term:
(1) 'Claimant' means an individual or an individual's survivor, including a decedent's estate, who seeks or has sought recovery of damages in a COVID-19 liability claim; provided, however, that all individuals claiming to have sustained damages of a single individual, are considered a single claimant.

GEORGIA LAWS 2020 SESSION

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(2) 'COVID-19' means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), and any mutation or viral fragments thereof, or any disease or condition caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which were the subject of the public health state of emergency declared by the Governor on March 14, 2020. (3) 'COVID-19 liability claim' means a cause of action for:
(A) Transmission, infection, exposure, or potential exposure of COVID-19 to a claimant:
(i) At any healthcare facility or on the premises of any entity, individual, or healthcare provider, resulting in injury to or death of a claimant; or (ii) Caused by actions of any healthcare provider or individual resulting in injury to or death of a claimant; (B) Acts or omissions by a healthcare facility or healthcare provider in arranging for or providing healthcare services or medical care to the claimant resulting in injury or death of the claimant for COVID-19 or where the response to COVID-19 reasonably interfered with the arranging for or the providing of healthcare services or medical care at issue to the claimant; or (C) Manufacturing, labeling, donating, or distributing personal protective equipment or sanitizer that is directly related to providing such personal protective equipment or sanitizer to claimant by any entity during a public health state of emergency for COVID-19, which departs from the normal manufacturing, labeling, donating, or distributing personal protective equipment of such entity that proximately results in injury to or death of a claimant. (4) 'Entity' means any association, institution, corporation, company, trust, limited liability company, partnership, religious or educational organization, political subdivision, county, municipality, other governmental office or governmental body, department, division, bureau, volunteer organization; including trustees, partners, limited partners, managers, officers, directors, employees, contractors, independent contractors, vendors, officials, and agents thereof, as well as any other organization other than a healthcare facility. (5) 'Healthcare facility' shall have the same meaning as 'healthcare facility' as provided for in paragraph (17) of Code Section 31-6-2 and all related parties; as 'institution' as provided for in subparagraphs (A) and (C) through (G) of paragraph (4) and paragraph (5) of Code Section 31-7-1 and all related parties; as 'end stage renal disease' as provided for in paragraph (6) of Code Section 31-44-1 and all related parties; and shall mean the recipient of a contract as authorized in paragraph (5) of Code Section 37-1-20 and any clinical laboratory certified under the Clinical Laboratory Improvement Amendments in Section 353 of the Public Health Service Act, 42 U.S.C. Section 263a. Such term shall not be construed to include premises. (6) 'Healthcare provider' means any physician or other person licensed or otherwise authorized in this state to furnish healthcare services, including, but not limited to, any dentist, podiatrist, optometrist, pharmacist, psychologist, clinical social worker, advanced

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GENERAL ACTS AND RESOLUTIONS, VOL. I

practice registered nurse, registered optician, licensed professional counselor, physical therapist, massage therapist, marriage and family therapist, chiropractor, athletic trainer qualified pursuant to Code Section 43-5-7, occupational therapist, speech-language pathologist, audiologist, dietitian, physician assistant, cardiac technician, emergency medical technician, paramedic, or related parties. (7) 'Medical care' means any act defined as the practice of medicine under Code Section 43-34-21. (8) 'Personal protective equipment' means equipment worn to minimize exposure to hazards that cause injuries and illnesses, including but not limited to items such as gloves, masks, face shields, safety glasses, shoes, earplugs, muffs, respirators, coveralls, vests, and full body suits. (9) 'Premises' means, other than a healthcare facility, any property owned, occupied, leased, operated, maintained, or managed by an individual or entity, whether residential, agricultural, commercial, industrial, or other real property located within the State of Georgia. (10) 'Public health state of emergency' means a state of emergency as a result of a public health emergency as defined in Code Section 38-3-3 and as declared by the Governor and approved by the General Assembly pursuant to Code Section 38-3-51. (11) 'Related parties' includes persons, business corporations, general partnerships, limited partnerships, limited liability companies, limited liability partnerships, joint ventures, nonprofit corporations, or any other for profit or not for profit organization that owns or controls, is owned or controlled by, or operates under common ownership or control, of a healthcare provider or healthcare facility, or has legal responsibility for the acts or omissions of such healthcare facility or healthcare provider. (12) 'Sanitizer' means a liquid, gel, or foam generally used to decrease infectious agents such as viruses on the body, objects, or other spaces which receive human contact. (13) 'State of emergency' shall have the same meaning as set forth in Code Section 38-3-3.

51-16-2. (a) No healthcare facility, healthcare provider, entity, or individual, shall be held liable for damages in an action involving a COVID-19 liability claim against such healthcare facility, healthcare provider, entity, or individual, unless the claimant proves that the actions of the healthcare facility, healthcare provider, entity, or individual, showed: gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm. (b) The immunity set forth in subsection (a) of this Code section shall be provided in addition to, and shall in no way limit, any other immunity protections that may apply in state or federal law.

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51-16-3. (a) Except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, in an action involving a COVID-19 liability claim against an individual or entity for transmission, infection, exposure, or potential exposure of COVID-19 to a claimant on the premises of such individual or entity, there shall be a rebuttable presumption of assumption of the risk by the claimant when:
(1) Any receipt or proof of purchase for entry, including but not limited to an electronic or paper ticket or wristband, issued to a claimant by the individual or entity for entry or attendance, includes a statement in at least ten-point Arial font placed apart from any other text, stating the following warning:
'Any person entering the premises waives all civil liability against this premises owner and operator for any injuries caused by the inherent risk associated with contracting COVID-19 at public gatherings, except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, by the individual or entity of the premises.'; or (2) An individual or entity of the premises has posted at a point of entry, if present, to the premises, a sign in at least one-inch Arial font placed apart from any other text, a written warning stating the following:
'Warning Under Georgia law, there is no liability for an injury or death of an individual entering these premises if such injury or death results from the inherent risks of contracting COVID-19. You are assuming this risk by entering these premises.' (b) The provisions in this Code section shall not be construed so as to limit or restrict the immunities from liability provided in Code Section 51-16-2; further failure to participate as provided in subsection (a) of this Code section shall in no way limit or restrict the immunities from liability provided in Code Section 51-16-2 nor shall such failure to participate be admissible.

51-16-4. (a) Except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, in an action involving a COVID-19 liability claim for transmission, infection, exposure, or potential exposure of COVID-19 to a claimant at any healthcare facility or on the premises of any healthcare provider, resulting in injury to or death of a claimant there shall be a rebuttable presumption of assumption of the risk by the claimant when a healthcare facility or a healthcare provider has posted at a point of entry, if present, to the premises, a sign in at least one-inch Arial font placed apart from any other text, a written warning stating the following:
'Warning Under Georgia law, there is no liability for an injury or death of an individual entering these premises if such injury or death results from the inherent risks of contracting COVID-19. You are assuming this risk by entering these premises.'

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) The provisions in this Code section shall not be construed so as to limit or restrict the immunities from liability provided in Code Section 51-16-2; further failure to participate as provided in subsection (a) of this Code section shall in no way limit or restrict the immunities from liability provided in Code Section 51-16-2 nor shall such failure to participate be admissible.

51-16-5. This chapter shall not modify or supersede the terms or application of:
(1) Title 16, relating to crimes and offenses; (2) Title 31, relating to health or any state regulations related thereto; (3) Chapter 9 of Title 34, relating to workers' compensation; and (4) Chapter 3 of Title 38, relating to emergency management."

SECTION 4. This Act shall apply to causes of action accruing until July 14, 2021, and shall not apply to any causes of action accruing thereafter.

SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval or on August 7, 2020, whichever occurs first.

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

Approved August 5, 2020.

__________

FOOD, DRUGS, AND COSMETICS INSURANCE EARLY PRESCRIPTION DRUG REFILLS IN EMERGENCIES.

No. 589 (Senate Bill No. 391).

AN ACT

To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to require health insurers to provide coverage for early refills of a 30 day supply of certain prescription medications under certain emergency situations; to provide for a definition; to provide the Commissioner with authority to waive time restrictions on such refills; to amend Code Section 26-4-80 of the Official

GEORGIA LAWS 2020 SESSION

803

Code of Georgia Annotated, 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, so as to allow pharmacists to dispense certain refill prescription medications under certain circumstances; to provide for related matters; to provide for a short title; to provide for legislative findings; 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 "Early Prescription Refills During Emergencies Act."

SECTION 2. The General Assembly finds that:
(1) Prescription drug medications may be essential to the maintenance of life or the continuation of therapy for a Georgian with a chronic health condition; (2) During times of natural disaster, many Georgians experience significant delays obtaining necessary prescription medication refills; and (3) Delays in obtaining such medication may result in serious, undesirable health consequences.

SECTION 3. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by adding a new Code section to read as follows:
"33-24-59.27. (a) As used in this Code section, the term 'health care insurer' means an insurer, a fraternal benefit society, a health care plan, or a health maintenance organization authorized under this title to sell accident and sickness insurance policies, subscriber certificates, or other contracts of insurance by whatever name called. (b) Every health care insurer licensed in this state that provides prescription medication coverage as part of a policy or contract shall waive time restrictions on prescription medication refills, which includes the suspension of electronic 'refill too soon' limitations, to enable insureds or subscribers to refill prescriptions in advance and shall authorize payment to pharmacies for a 30 day supply of any prescription medication, regardless of the date upon which the prescription had most recently been filled by a pharmacist, when the following conditions occur:
(1) The person seeking the prescription medication refill resides in a county or other area of this state that:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(A) Is declared to be under a state of emergency by executive order of the Governor; or (B) Is under a hurricane warning issued by the National Weather Service; and (2) The prescription medication has refills remaining and a refill is requested within 30 days after the origination date of the conditions described in paragraph (1) of this subsection or until such conditions are terminated by the issuing authority or no longer exist. (c) The Commissioner may by directive as authorized in Code Section 33-2-10 extend the time restriction waiver on prescription medication refills described in subsection (b) of this Code section for 15 or 30 day increments and until such time as he or she determines such extensions are no longer necessary. (d) Nothing in this Code section shall exempt any insured or subscriber from compliance with all other terms of the policy or contract providing prescription medication coverage."

SECTION 4. Code Section 26-4-80 of the Official Code of Georgia Annotated, 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, is amended by revising subsection (f) as follows:
"(f)(1) When filling a prescription or refilling a prescription which may be refilled, the pharmacist shall exercise professional judgment in the matter. No prescription shall be filled or refilled with greater frequency than the approximate interval of time that the dosage regimen ordered by the practitioner would indicate, unless extenuating circumstances are documented which would justify a shorter interval of time before the filling or refilling of the prescription. Such circumstances may include but are not limited to instances in which, with regard to a particular county or area of this state, the Governor has issued an executive order or proclamation declaring a state of emergency or the National Weather Service has issued a hurricane warning, the pharmacist may dispense up to a 30 day supply in the counties or areas affected by such order, proclamation, or warning, provided that:
(A) The prescription is not for a Schedule II controlled substance as set out in Code Section 16-13-26; (B) In the pharmacist's professional judgment, the prescription is essential to the maintenance of life or to the continuation of therapy for a chronic condition; (C) In the pharmacist's professional judgment, the interruption of such therapy might reasonably produce undesirable health consequences or cause physical or mental discomfort; (D) The dispensing pharmacist creates and signs a written order containing all of the prescription information required by this article and by Chapter 13 of Title 16; and (E) The dispensing pharmacist notifies the prescriber of the emergency dispensing within 48 hours after such dispensing and each such dispensing thereafter.

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(2) Notwithstanding paragraph (1) of this subsection, in order to prevent unintended interruptions in drug therapy for topical ophthalmic products:
(A) A pharmacist shall be authorized, without obtaining subsequent authorization from the practitioner or obtaining a new prescription from the practitioner, to permit refills at 70 percent of the predicted days of use; and (B) At the patient's request, a practitioner shall be permitted to authorize refills earlier than 70 percent of the predicted days of use. This paragraph shall apply to refills purchased through retail pharmacies and mail order sources."

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 August 5, 2020.

__________

INSURANCE FOOD, DRUGS, AND COSMETICS EARLY REFILLS OF CERTAIN PRESCRIPTION DRUGS UNDER CERTAIN EMERGENCY SITUATIONS.

No. 590 (House Bill No. 791).

AN ACT

To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to require health insurers to provide coverage for early refills of a 30 day supply of certain prescription medications under certain emergency situations; to provide for a definition; to provide the Commissioner with authority to waive time restrictions on such refills; to amend Code Section 26-4-80 of the Official Code of Georgia Annotated, 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, so as to allow pharmacists to dispense certain refill prescription medications under certain circumstances; to authorize a pharmacist to dispense up to a 90 day supply of a maintenance medication under certain conditions; to provide for exceptions; to provide for related matters; to provide for a short title; to provide

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GENERAL ACTS AND RESOLUTIONS, VOL. I

for legislative findings; 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 "Early Prescription Refills During Emergencies Act."

SECTION 2. The General Assembly finds that:
(1) Prescription drug medications may be essential to the maintenance of life or the continuation of therapy for a Georgian with a chronic health condition; (2) During times of natural disaster, many Georgians experience significant delays obtaining necessary prescription medication refills; and (3) Delays in obtaining such medication may result in serious, undesirable health consequences.

SECTION 3. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by adding a new Code section to read as follows:
"33-24-59.27. (a) As used in this Code section, the term 'health care insurer' means an insurer, a fraternal benefit society, a health care plan, or a health maintenance organization authorized under this title to sell accident and sickness insurance policies, subscriber certificates, or other contracts of insurance by whatever name called. (b) Every health care insurer licensed in this state that provides prescription medication coverage as part of a policy or contract shall waive time restrictions on prescription medication refills, which includes the suspension of electronic 'refill too soon' limitations, to enable insureds or subscribers to refill prescriptions in advance and shall authorize payment to pharmacies for a 30 day supply of any prescription medication, regardless of the date upon which the prescription had most recently been filled by a pharmacist, when the following conditions occur:
(1) The person seeking the prescription medication refill resides in a county or other area of this state that:
(A) Is declared to be under a state of emergency by executive order of the Governor; or (B) Is under a hurricane warning issued by the National Weather Service; and (2) The prescription medication has refills remaining and a refill is requested within 30 days after the origination date of the conditions described in paragraph (1) of this

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subsection or until such conditions are terminated by the issuing authority or no longer exist. (c) The Commissioner may by directive as authorized in Code Section 33-2-10 extend the time restriction waiver on prescription medication refills described in subsection (b) of this Code section for 15 or 30 day increments and until such time as he or she determines such extensions are no longer necessary. (d) Nothing in this Code section shall exempt any insured or subscriber from compliance with all other terms of the policy or contract providing prescription medication coverage."

SECTION 4. Code Section 26-4-80 of the Official Code of Georgia Annotated, 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, is amended by revising subsection (f) and adding a new subsection to read as follows:
"(f)(1) When filling a prescription or refilling a prescription which may be refilled, the pharmacist shall exercise professional judgment in the matter. No prescription shall be filled or refilled with greater frequency than the approximate interval of time that the dosage regimen ordered by the practitioner would indicate, unless extenuating circumstances are documented which would justify a shorter interval of time before the filling or refilling of the prescription. Such circumstances may include but are not limited to instances in which, with regard to a particular county or area of this state, the Governor has issued an executive order or proclamation declaring a state of emergency or the National Weather Service has issued a hurricane warning, the pharmacist may dispense up to a 30 day supply in the counties or areas affected by such order, proclamation, or warning, provided that:
(A) The prescription is not for a Schedule II controlled substance as set out in Code Section 16-13-26; (B) In the pharmacist's professional judgment, the prescription is essential to the maintenance of life or to the continuation of therapy for a chronic condition; (C) In the pharmacist's professional judgment, the interruption of such therapy might reasonably produce undesirable health consequences or cause physical or mental discomfort; (D) The dispensing pharmacist creates and signs a written order containing all of the prescription information required by this article and by Chapter 13 of Title 16; and (E) The dispensing pharmacist notifies the prescriber of the emergency dispensing within 48 hours after such dispensing and each such dispensing thereafter. (2) Notwithstanding paragraph (1) of this subsection, in order to prevent unintended interruptions in drug therapy for topical ophthalmic products:

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(A) A pharmacist shall be authorized, without obtaining subsequent authorization from the practitioner or obtaining a new prescription from the practitioner, to permit refills at 70 percent of the predicted days of use; and (B) At the patient's request, a practitioner shall be permitted to authorize refills earlier than 70 percent of the predicted days of use. This paragraph shall apply to refills purchased through retail pharmacies and mail order sources." "(q)(1) A pharmacist may, in the exercise of his or her professional judgment and in consultation with the patient, dispense up to a 90 day supply of maintenance medication for treatment of chronic illnesses up to the total number of dosage units as authorized by the prescriber on the prescription, including any refills, unless: (A) The prescriber has specified on the prescription that concurrently dispensing initial amounts and refills of such maintenance medication is not allowed; or (B) It is the initial filling of a prescription for a new maintenance medication or dosage for the patient. (2) Paragraph (1) of this subsection shall not apply to Schedule II, III, IV, or V controlled substances."

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 August 5, 2020.

__________

FOOD, DRUGS, AND COSMETICS PREPARATION AND SALE OF FOOD BY NONPROFIT ORGANIZATIONS.

No. 591 (Senate Bill No. 345).

AN ACT

To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to provide for nonprofit organizations to prepare and provide food in accordance with Department of Public Health requirements; to revise the definitions of "food sales establishment" and "food service establishment"; to revise provisions relating to permits for nonprofit food sales and food service; to revise

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requirements for food items prepared by nonprofit organizations; to eliminate the right to appeal to the commissioner of public health for orders or actions of a county board of health or district health director; 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 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, is amended by revising paragraph (5) of subsection (a) of Code Section 26-2-21, relating to definitions relative to the "Georgia Food Act," as follows:
"(5) 'Food sales establishment' means retail and wholesale grocery stores; retail seafood stores and places of business; food processing plants, except those food processing plants which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores or roadside stands; wholesale sandwich and salad manufacturers, including vending machines and operations connected therewith; and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises. Within a food sales establishment, there may be a food service component, not separately operated, which may serve customers on site. This food service component shall be considered as part of the food sales establishment. This term shall not include:
(A) The food sales component of any food service establishment defined in Code Section 26-2-370; (B) Food service establishments as defined in Code Section 26-2-370; (C) Establishments engaged in the sale of food primarily for consumption off the premises if such sale is an authorized part of and occurs upon the site of a fair or festival which:
(i) Is sponsored by a political subdivision of this state; and (ii) Lasts 120 hours or less; (D) Establishments engaged in the boiling, bottling, and sale of sugar cane syrup or sorghum syrup within this state, provided that such bottles contain a label listing the producer's name and street address, all added ingredients, and the net weight or volume of the product; or (E) Nonprofit food sales and food service provided under a permit issued pursuant to Article 14 of this chapter."

SECTION 2. Said chapter is further amended by revising division (1)(B)(iv) of Code Section 26-2-62, relating to the "Georgia Meat Inspection Act," as follows:
"(iv) If it bears or contains any color additive which is unsafe within the meaning of Section 721 of the Federal Food, Drug, and Cosmetic Act; or"

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SECTION 3. Said chapter is further amended by Code Section 26-2-370, relating to definitions relative to food service establishments, as follows:
"26-2-370. As used in this article, the term:
(1) 'Food nutrition information' means the content of food including, but not limited to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar, potassium, protein, vitamin, mineral, and sodium content. (2) 'Food service establishment' means establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products either for carry out or service within the establishment. This term includes restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which retail sandwiches or salads; soda fountains; institutions, both public and private; food carts; itinerant restaurants; industrial cafeterias; catering establishments; and similar facilities by whatever name called. Within a food service establishment, there may be a food sales component, not separately operated. This food sales component shall be considered as part of the food service establishment. This term shall not include:
(A) A food sales establishment, as defined in Code Section 26-2-21, except as otherwise stated in this paragraph; (B) The food service component of any food sales establishment defined in Code Section 26-2-21; (C) Any outdoor recreation activity sponsored by the state, a county, a municipality, or any department or entity thereof, any outdoor or indoor (other than school cafeteria food service) public school function, or any outdoor private school function; (D) Any organization which is operating on its own property or on the property of a party that has provided written consent for the use of such property for such purpose and which is exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code for the purpose of operating a house or other residential structures where seriously ill or injured children and their families are provided temporary accommodations in proximity to their treatment hospitals and where food is prepared, served, transported, or stored by volunteer personnel; (E) Establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products if such preparation or serving is an authorized part of and occurs upon the site of an event which:
(i) Is sponsored by a political subdivision of this state; (ii) Is held on the property of such sponsor or on the property of a party that has provided written consent for use of such property for such event; and (iii) Lasts 120 hours or less; or

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(F) Nonprofit food sales and food service provided under a permit issued pursuant to Article 14 of this chapter. (3) 'Person' or 'persons' means any individual, firm, partnership, corporation, trustee, or association, or combination thereof."

SECTION 4. Said chapter is further amended by revising Article 14, relating to nonprofit food sales and food service, as follows:
"26-2-390. As used in this article, the term:
(1) 'Nonprofit food sales and food service' means the temporary sale or service of food items by an organization at an event sponsored by a county, municipality, or organization or the temporary sale of food items by an organization if such sale is sponsored by a religious, charitable, or nonprofit corporation, including but not limited to churches, schools, clubs, lodges, or other such organizations. (2) 'Organization' means an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2.

26-2-391. (a) A county or municipality shall be authorized to issue permits for the operation of nonprofit food sales and food service at events sponsored by the county, municipality, or an organization. For any permit issued pursuant to this Code section to be valid, the event must be held on property belonging to the sponsoring county, municipality, or organization or on the property of a party that has provided consent for use of such property for such event. (b) A permit shall be valid for:
(1) A period of up to 120 consecutive hours and another permit shall not be issued to the organization holding such permit until five days have elapsed from the date of the expiration of the permit; or (2) A continuous period of up to 12 weeks between May 15 and August 15 and four additional weeks during the calendar year, which may be composed of nonconsecutive periods, coinciding with holidays during which local school systems are not in session, provided that all food items are provided free of charge and the organization does not receive funding from the United States Department of Agriculture to operate a food program. (c) At the request of the county or municipality issuing a permit pursuant to this Code section or at the request of a county or municipality sponsoring an event pursuant to subparagraph (a)(5)(C) of Code Section 26-2-21 or subparagraph (2)(E) of Code Section 26-2-370, the county board of health shall:

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(1) Supply educational materials regarding food safety which may be provided to event organizers and the public; and (2) Conduct food safety inspections to ensure compliance with the provisions of Code Section 26-2-392. (d) No fees shall be charged to an organization for the issuance of any permit pursuant to this Code section; provided, however, that the county board of health shall be authorized to impose a fee for inspections performed at the request of the issuing county or municipality. Such fee shall be fixed in a reasonable amount such that the proceeds of the fee do not exceed the total direct and indirect costs of conducting the inspection. (e) For purposes of this Code section, an event may include the provision of food at a third-party location within the same county.

26-2-392. (a) This Code section applies to food items prepared and offered for sale or service by organizations at events covered under this article. Food shall be in sound condition, free from spoilage, filth, or other contamination and shall be safe for human consumption. Food shall be obtained from sources that comply with all laws relating to food and food labeling. The use of food in hermetically sealed containers that was not prepared in a licensed food processing establishment is prohibited. (b) At all times, including while being stored, prepared, displayed, served, or transported, food shall be protected from potential contamination, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, flooding, drainage, and overhead leakage or overhead drippage from condensation. (c) Meat, poultry, seafood, and other animal products shall be cooked to at least the safe minimum cooking temperatures recommended by the United States Department of Agriculture. No raw or undercooked animal products shall be served. (d) Time/temperature control for safety foods to be served at an event shall be maintained at 41 degrees Fahrenheit or less if held cold or 135 degrees Fahrenheit or more if held hot. A thin probe thermometer shall be used to check temperatures of such foods. The preparation of the following time/temperature control for safety foods is prohibited unless the organization has an established hazard control program:
(1) Pastries filled with cream or synthetic cream; (2) Custards; (3) Products similar to the products listed in paragraphs (1) and (2) of this subsection; or (4) Salads containing meat, poultry, eggs, or fish. (e) Frozen desserts shall only be produced using commercially pasteurized mixes or ingredients. (f) Suitable utensils, as needed for serving, must be provided to eliminate bare-hand contact with cooked or ready-to-eat foods. All utensils and equipment shall be washed, rinsed, and sanitized periodically as necessary to prevent contamination or a buildup of

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food, using separate basins for washing, rinsing, and sanitizing. Disposable utensils may be utilized to meet such requirement. (g) Ice that is consumed or that contacts food shall be from an approved source and protected from contamination until used. Ice used for cooling stored food shall not be used for human consumption. Food shall be served in an individual-meal type of container and handed to the customer. Food items shall not be transported for sale at any other location or sold, held, or reused at another event. (h) A convenient handwashing facility shall be available for use by individuals preparing and serving food. This facility shall consist of, at least, warm running water, soap, and individual paper towels. Individuals who prepare or serve food shall not make bare-hand contact with ready-to-eat food. Individuals who have a known communicable or transmittable disease, as defined by the Department of Public Health for these purposes, shall not prepare or serve food at an event. (i) This Code section shall in no way be construed to allow the sale of food items which have been packaged, bottled, or canned in unapproved facilities. Food items prepared in private homes are prohibited; provided, however, that this shall not apply to any food item produced in compliance with a license issued by the Department of Agriculture pursuant to Article 2 of this chapter. (j) County boards of health are authorized to provide staff assistance to organizations at events covered under this article for the purpose of providing food safety instruction. (k) Nothing in this Code section shall prohibit an organization from using an offsite kitchen to prepare food for an event permitted under this article, so long as the offsite kitchen complies with the provisions of this Code section.

26-2-393. The county or municipality issuing a permit for the operation of a nonprofit food sales and food service event shall be authorized to enforce the provisions of this article and any party whose property is used for the operation of a nonprofit food sales or food service event without such party's consent may seek legal and equitable remedies including, but not limited to, damages and injunctive relief against unauthorized users."

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 August 5, 2020.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

PUBLIC UTILITIES AND PUBLIC TRANSPORTATION ELECTRIC MEMBERSHIP CORPORATIONS; RATES, FEES, TERMS, CONDITIONS, AND SPECIFICATIONS FOR ATTACHMENTS TO UTILITY POLES BY COMMUNICATIONS SERVICE PROVIDERS.

No. 592 (House Bill No. 244).

AN ACT

To amend Part 2 of Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to corporate purposes and powers of electric membership corporations, so as to require electric membership corporations to comply with certain requirements in determining the rates, fees, terms, conditions, and specifications for attachments to utility poles by communications service providers; to provide for certain rates, fees, terms, conditions, and specifications for such attachments to be determined by the Public Service Commission; to provide for the commission to promulgate certain rules and regulations; to provide for definitions; 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 "Georgia Broadband Opportunity Act."

SECTION 2. Part 2 of Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to corporate purposes and powers of electric membership corporations, is amended by repealing in its entirety Code Section 46-3-200.4, relating to rates, terms, and conditions for pole attachments between communications service providers and electric membership corporations and their broadband affiliates, and enacting a new Code Section 46-3-200.4 to read as follows:
"46-3-200.4. (a) As used in this Code section, the term:
(1) 'Attachment' means the connection or fastening of a wire or cable to a utility pole. (2) 'Broadband services' shall have the same meaning as provided for the term 'broadband service' in Code Section 46-5-221. (3) 'Communications service provider' means a provider of cable service as defined in 47 U.S.C. Section 522(6), telecommunications service as defined in 47 U.S.C.

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Section 153(53), or information service as defined in 47 U.S.C. Section 153(24), as each such term existed on January 1, 2020. (4) 'Utility pole' means a pole or similar structure that is used in whole or in part for electric distribution by an electric membership corporation or an affiliate thereof. (b) In order to promote the deployment of broadband services in this state, and except as required by the Tennessee Valley Authority for its distributors in this state, on and after July 1, 2021, the rates, fees, terms, conditions, and specifications in any pole attachment agreement entered into by a communications service provider and an electric membership corporation shall be as determined by the commission, except as provided in subsection (e) of this Code section. Such determination shall be made after consideration of what is just, reasonable, nondiscriminatory, and commercially reasonable. The commission shall by rules and regulations prescribe the process for making such a determination providing all interested parties the opportunity to be heard and to present evidence. On or before January 1, 2021, the commission shall publish the pole attachment rates, fees, terms, conditions, and specifications. (c) The commission shall have jurisdiction over all electric membership corporations to enforce compliance within the provisions of this Code section. The commission shall provide for an expedited adjudication of any complaint as to a failure to comply with this Code section and may engage an administrative law judge for purposes of such adjudication. (d) Notwithstanding the provisions of subsection (b) of this Code section, any existing agreement between a communications service provider and an electric membership corporation shall remain in effect until the date of its natural expiration or lawful termination. (e) Any electric membership corporation and communications service provider may enter into a mutual agreement as to the rates, fees, terms, conditions, and specifications for attachments to utility poles by communications service providers that differ from those provided for in subsection (b) of this Code section."

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

Approved August 5, 2020.

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HIGHWAYS, BRIDGES, AND FERRIES STATE INVESTMENT IN RAILWAYS AND RAILROAD FACILITIES AND EQUIPMENT; GEORGIA FREIGHT RAILROAD PROGRAM.

No. 593 (House Bill No. 820).

AN ACT

To amend Article 3 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to officers in the Department of Transportation, so as to provide for state investment in railways and railroad facilities and equipment; to provide for a definition; to provide that the commissioner of transportation may administer a Georgia Freight Railroad Program; to provide for subprograms within such program; to provide for annual reporting; to provide for standards for expenditure of funds; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to officers in the Department of Transportation, is amended by adding a new Code section to read as follows:
"32-2-41.3. (a) For purposes of this Code section, the term 'short line railway' means any carrier designated as a Class III by the Surface Transportation Board. (b) The Georgia Freight Railroad Program shall be administered, subject to appropriations, at the discretion of the commissioner, in order to enhance the state's investment in freight rail projects for public benefit and to support a safe and balanced transportation system for the state. (c) The Georgia Freight Railroad Program shall be composed of three subprograms as follows:
(1) The Rail Enhancement Plan may acquire, lease, or improve railways or railroad equipment, including rail crossings, rolling stock, rights of way, or rail facilities; (2) The Rail Preservation Plan may acquire, lease, or improve short line railways or assist other appropriate entities to acquire, lease, or improve short line railways; and (3) The Rail Industrial Plan may build, construct, restructure, or improve industrial access to railroad tracks and related facilities. (d) In administering the program, the commissioner shall make every effort to balance such program among all regions of this state and among the various applicants.

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(e) Following the end of each fiscal year, the commissioner or his or her designee shall submit an annual report on the activities of the Georgia Freight Railroad Program to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives and shall make such report available to the members of the General Assembly. (f) Prior to the expenditure of state funds, the commissioner shall make a determination whether such expenditure is ample consideration for a substantial public benefit in compliance with Article III, Section VI, Paragraph VI (a) of the Georgia Constitution."

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

Approved August 5, 2020.

__________

HIGHWAYS, BRIDGES, AND FERRIES DEPARTMENT OF TRANSPORTATION; INVESTMENT IN RAILWAYS AND FACILITIES; GEORGIA FREIGHT RAILROAD PROGRAM.

No. 594 (Senate Bill No. 371).

AN ACT

To amend Article 3 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to officers in the Department of Transportation, so as to provide for state investment in railways and railroad facilities and equipment; to provide for a definition; to provide that the commissioner of transportation may administer a Georgia Freight Railroad Program; to provide for subprograms within such program; to provide for annual reporting; to provide for standards for expenditure of funds; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to officers in the Department of Transportation, is amended by adding a new Code section to read as follows:
"32-2-41.3. (a) For purposes of this Code section, the term 'short line railway' means any carrier designated as a Class III by the Surface Transportation Board.

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(b) The Georgia Freight Railroad Program shall be administered, subject to appropriations, at the discretion of the commissioner, in order to enhance the state's investment in freight rail projects for public benefit and to support a safe and balanced transportation system for the state. (c) Eligible projects under the Georgia Freight Railroad Program shall include rail enhancement projects to acquire, lease, or improve railways or railroad equipment, including rail crossings, rolling stock, rights of way, or rail facilities; rail preservation projects to acquire, lease, or improve short line railways or assist other appropriate entities to acquire, lease, or improve short line railways; and rail industrial projects to build, construct, restructure, or improve industrial access to railroad tracks and related facilities. (d) In administering the program, the commissioner shall make every effort to balance such program among all regions of this state and among the various applicants. (e) Following the end of each fiscal year, the commissioner or his or her designee shall submit an annual report on the activities of the Georgia Freight Railroad Program to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives and shall make such report available to the members of the General Assembly. (f) Prior to the expenditure of state funds, the commissioner shall make a determination whether such expenditure is ample consideration for a substantial public benefit in compliance with Article III, Section VI, Paragraph VI (a) of the Georgia Constitution."

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

Approved August 5, 2020.

__________

LABOR AND INDUSTRIAL RELATIONS PUBLIC OFFICERS AND EMPLOYEES UNEMPLOYMENT BENEFITS AND PROCEDURES; BREAK TIME REQUIREMENTS; SHORT-TIME COMPENSATION PROGRAM.

No. 595 (House Bill No. 1090).

AN ACT

To amend Titles 34 and 45 of the Official Code of Georgia Annotated, relating to labor and industrial relations and public officers and employees, respectively, so as to change certain provisions and to provide certain benefits and procedures affecting employment and separation from employment; to provide for employers, including state entities and local governments, to satisfy certain requirements for break times to allow employees to express

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breast milk; to revise and provide for definitions; to change the definition of the term "deductible earnings"; to provide for emergency adjustments to the "Employment Security Law" during a state-wide emergency declared by the Governor; to extend the maximum benefit weeks; to provide the Commissioner with the authority to establish a short-time compensation program; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising Code Section 34-1-6, relating to employer obligation to provide time for women to express breast milk for infant child, as follows:
"34-1-6. (a) As used in this Code section, the term 'employer' means any person or entity that employs one or more employees; provided, however, that such term shall not include the state and its political subdivisions.
(b)(1) An employer shall provide break time of a reasonable duration to an employee who desires to express breast milk at the worksite during work hours. (2) Any break time provided for under this Code section shall be paid at the employee's regular rate of compensation. If the employee is paid on a salary basis, the employer shall neither require the salaried employee to use paid leave during any break time nor reduce the employee's salary as a result of the salaried employee taking a break to express breast milk during the workday. (3) No employer shall be required to provide paid break time to an employee on any day that the employee is working away from any of the employer's worksites. (4) The employer shall provide a private location, other than a restroom, where such employee can express breast milk in privacy at the worksite. (c) An employer that employs fewer than 50 employees shall not be subject to any requirement of this Code section that would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer's business."

SECTION 1-2. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by adding a new Code section to read as follows:

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"45-1-7. (a) As used in this Code section, the term 'agency' means a branch, department, agency, board, bureau, office, commission, public corporation, authority, county, municipal corporation, school district, or other political subdivision of this state. (b) Each agency shall provide paid break time of a reasonable duration to an employee who desires to express breast milk during work hours at the agency's worksite. Such break time shall be paid at the employee's regular rate of compensation. If the employee is paid on a salary basis, the agency shall neither require the salaried employee to use paid leave during any break nor reduce the employee's salary as a result of the salaried employee taking a break to express breast milk during the workday. No agency shall be required to provide paid break time to an employee on any day that the employee is working away from the agency's worksite. (c) Each agency shall provide a room or other location, other than a restroom, in close proximity to the employee's work area where an employee described in subsection (b) of this Code section can express breast milk in privacy at the agency's worksite. (d) No agency shall have liability under this Code section for making reasonable efforts to comply with this Code section."

PART II SECTION 2-1.

Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising Code Section 34-8-30, relating to deductible earnings, as follows:
"34-8-30. As used in this chapter, the term 'deductible earnings' means all money earned each week by a claimant for services performed, whether or not received by such claimant, in excess of an amount established by the Commissioner as promulgated by rules and regulations. The amount established by the Commissioner shall not be less than $50.00 nor shall it exceed $300.00. Deductible earnings shall be subtracted from the weekly benefit amount of the claim."

SECTION 2-2. Said title is further amended in Code Section 34-8-70, relating to duties and powers of Commissioner, by adding a new subsection to read as follows:
"(i)(1) Notwithstanding any other provision of law, the Commissioner shall have the authority to adopt emergency rules when a state-wide emergency declared by the Governor is in effect and the General Assembly is not in session. Such rules may temporarily:
(A) Modify the maximum benefit amount for regular state benefits, not to exceed 26 times the weekly benefit amount; (B) Suspend unemployment insurance tax filing and payment deadlines and penalties;

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(C) Waive charges to employers for benefits paid; (D) Expedite the processing of claims; and (E) Waive work search reporting requirements. (2) Any emergency rule adopted by the Commissioner pursuant to this subsection shall expire the earlier of: (A) A date specified by the Commissioner not to exceed 120 days from the date of the adoption of such emergency rule; or (B) The date on which the state-wide emergency ends as declared by the Governor. (3) Any emergency rule adopted pursuant to this subsection shall be published on the website of the department and submitted as promptly as reasonably practicable to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the chairpersons of the House Committee on Industry and Labor and the Senate Insurance and Labor Committee. (4) Any rule promulgated under this Code section shall not supersede an executive order of the Governor."

SECTION 2-3. Said title is further amended in Code Section 34-8-193, relating to determination of weekly benefit amount, by revising subsections (d) and (e) as follows:
"(d)(1) Except as otherwise provided in this subsection, the maximum benefits payable to an individual in a benefit year shall:
(A) For claims filed prior to June 14, 2020, be the lesser of: (i) Fourteen times the weekly benefit amount, if this state's average unemployment rate is at or below 6.5 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 6.5 percent up to a maximum of 20 times the weekly benefit amount if this state's average unemployment rate equals or exceeds 9 percent; or (ii) One-fourth of the base period wages; and
(B) For claims filed on or after June 14, 2020, be the lesser of: (i) Fourteen times the weekly benefit amount, if this state's average unemployment rate is at or below 4.5 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 4.5 percent up to a maximum of 26 times the weekly benefit amount if this state's average unemployment rate exceeds 10 percent; or (ii) One-fourth of the base period wages.
If the amount computed is not a multiple of the weekly benefit amount, the total will be adjusted to the nearest multiple of the weekly benefit amount. The duration of benefits shall be extended in accordance with Code Section 34-8-197. (2) In addition to and subsequent to payment of all benefits otherwise allowed under paragraph (1) of this subsection whenever the average rate of total unemployment in this state, seasonally adjusted, as determined by the United States secretary of labor, for the

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period consisting of the most recent three months for which data for all states are published before the close of such week equals or exceeds 11 percent, weekly unemployment compensation shall be payable under this subsection to any individual who is unemployed, has exhausted all rights to regular unemployment compensation under the provisions of Article 7 of this chapter, and is enrolled and making satisfactory progress, as determined by the Commissioner, in a training program approved by the department, or in a job training program authorized under the Workforce Investment Act of 1998, Public Law 105-220, and not receiving similar stipends or other training allowances for nontraining costs. Each such training program approved by the department or job training program authorized under the Workforce Investment Act of 1998 shall prepare individuals who have been separated from a declining occupation, as designated by the department from time to time, or who have been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment, for entry into a high-demand occupation, as designated by the department from time to time. The amount of unemployment compensation payable under this subsection to an individual for a week of unemployment shall be equal to the individual's weekly benefit amount for the individual's most recent benefit year less deductible earnings, if any. For claims filed prior to June 14, 2020, the total amount of unemployment compensation payable under this subsection to any individual shall be equal to 14 times the individual's weekly benefit amount for the individual's most recent benefit year, if this state's average unemployment rate is at or below 6.5 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 6.5 percent up to a maximum of 20 times the weekly benefit amount if this state's average unemployment rate equals or exceeds 9 percent. For claims filed on or after June 14, 2020, the total amount of unemployment compensation payable under this subsection to any individual shall be equal to 14 times the individual's weekly benefit amount for the individual's most recent benefit year, if this state's average unemployment rate is at or below 4.5 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 4.5 percent up to a maximum of 26 times the weekly benefit amount if this state's average unemployment rate exceeds 10 percent. The provisions of subsection (d) of Code Section 34-8-195 shall apply to eligibility for benefits under this subsection. Except when the result would be inconsistent with other provisions of this subsection, all other provisions of Article 7 of this chapter shall apply to the administration of the provisions of this subsection. (3) As used in this subsection, the term 'state's average unemployment rate' means the average of the adjusted state-wide unemployment rates as published by the department for the time periods of April 1 through April 30 and October 1 through October 31. The average of the adjusted state-wide unemployment rates for the time period of April 1 through April 30 shall be effective on and after July 1 of each year and shall be effective through December 31. The average of the adjusted state-wide unemployment rates for

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the time period of October 1 through October 31 shall be effective on and after January 1 of each year and shall be effective through June 30. (e) An otherwise eligible individual shall be paid the weekly benefit amount, less gross earnings in excess of an amount established by the Commissioner as promulgated by rules and regulations, payable to the individual applicable to the week for which benefits are claimed. Such remaining benefit, if not a multiple of $1.00, shall be computed to the nearest multiple of $1.00. Earnings equal to or less than the amount established by the Commissioner will not affect entitlement to benefits. The amount established by the Commissioner shall not be less than $50.00 nor shall it exceed $300.00. For the purpose of this subsection, jury duty pay shall not be considered as earnings."

SECTION 2-4. Said title is further amended in Chapter 8, relating to employment security, by adding a new article to read as follows:

"ARTICLE 11

34-8-290. (a) The Commissioner shall have the authority to adopt, amend, or rescind rules and regulations and to take such other action as deemed necessary or suitable in order to establish a work-sharing program that provides employers with an alternative to layoffs. (b) Any work-sharing program so established shall:
(1) Allow employers to voluntarily reduce employees' hours by 10 to 60 percent in lieu of layoffs and provide employees with a corresponding prorated share of unemployment benefits; (2) Conform to the provisions of the definition of short-time compensation program provided in 26 U.S.C. Section 3306(v)of the Federal Unemployment Tax Act; and (3) Include such provisions as are necessary to qualify for available federal reimbursement of benefits and federal short-time compensation administrative grants available, including, but not limited to, any funds available under Title II, Subtitle A of the CARES Act (Public Law 116-136), as amended."

PART III SECTION 3-1.

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

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

Approved August 5, 2020.

__________

STATE GOVERNMENT DESIGNATE MUSCADINE GRAPE AS OFFICIAL STATE GRAPE.

No. 598 (Senate Bill No. 358).

AN ACT

To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the muscadine grape as the official state grape; 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 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, is amended by adding a new Code section to read as follows:
"50-3-89. The muscadine grape is designated as the official Georgia grape."

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

Approved August 5, 2020.

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STATE PROPERTY RECOGNIZING MR. ROGER C. DILL AND NAMING FACILITY IN HIS HONOR.

No. 599 (House Resolution No. 326).

A RESOLUTION

Recognizing Mr. Roger C. Dill and dedicating a building in his honor; and for other purposes.

WHEREAS, Mr. Roger C. Dill 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 Irwin County and graduate of Irwin County High School, Mr. Dill attained the rank of Eagle Scout at the age of 13, was captain of his high school's South Georgia Championship winning football team in 1954, and earned a degree in civil engineering from Auburn University; 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 Georgia Department of Transportation for 23 years, where he contributed to numerous projects, including the construction of Interstate 75; and

WHEREAS, after his service with the Georgia Department of Transportation, Mr. Dill worked for Scruggs Company and Reeves Construction Company, while also serving on the boards of the Georgia Highway Contractors and the National Asphalt Pavement Association; and

WHEREAS, Mr. Dill has dedicated his career to addressing the critical needs of infrastructure and transportation by helping to secure funds for numerous roadways and economic development projects in Tift County, including funding for a study of a bypass of U.S. 82 through Tifton to provide traffic congestion relief; and

WHEREAS, during his tenure as president of the recreation board of the Tift County Recreation Department, Mr. Dill assisted in the engineering and construction of the Tift County High School Stadium and the construction of the track located at the Tift County Eight Street Middle School; and

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WHEREAS, Mr. Dill's leadership and guidance have been instrumental to numerous organizations, including the Georgia Agrirama Authority, Tifton-Tift Chamber of Commerce, Springhill Country Club, Goldleaf Officials Association, Abraham Baldwin College Foundation Board, YMCA Board, and Tift County Tourism Board; and

WHEREAS, a compassionate humanitarian, Mr. Dill is an active member of the board for Ruth's Cottage and Pancake House, an organization with a goal of ending domestic and sexual violence, and has been integral in the organization's efforts to raise funds for constructing a facility to serve victims of sexual assault and domestic violence in four counties in the Tift Judicial Circuit; and

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

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the newly constructed district office building for the Georgia Department of Transportation located in Tift County is dedicated as the Roger C. Dill District Office.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the Roger C. Dill District Office.

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 Mr. Roger C. Dill and to the Department of Transportation.

Approved August 5, 2020.

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CONSERVATION AND NATURAL RESOURCES GAME AND FISH STATE GOVERNMENT WATERS OF THE STATE, PORTS AND WATERCRAFT EXTEND TERM OF LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY; RULES AND REGULATIONS OF BOARD OF NATURAL RESOURCES; IMPLIED CONSENT WARNINGS; SHOAL BASS AS OFFICIAL RIVERINE SPORT FISH.

No. 600 (House Bill No. 998).

AN ACT

To amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, so as to extend the term of the Lake Lanier Islands Development Authority; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the effective date of rules and regulations promulgated by the Board of Natural Resources; to revise the implied consent warning for hunting under the influence; to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to registration, operation, and sale of watercraft generally, so as to correct erroneous terminology regarding operation of watercraft while intoxicated; to revise the implied consent warning; to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the shoal bass as the official Georgia state riverine sport fish; to provide for legislative findings; to amend Part 1 of Article 1 of Chapter 3 of Title 27, relating to hunting generally, so as to amend a sunset date; to dispense with certain reports by the department to the General Assembly; to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1. Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, is amended by revising Code Section 12-3-311, relating to creation of authority, delegation of powers and duties, and duration of authority's existence, as follows: "12-3-311. (a) There is created a body corporate and politic to be known as the Lake Lanier Islands Development Authority, which shall be deemed an instrumentality of the State of Georgia and a public corporation and by that name, style, and title such body may contract and be

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contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts. (b) The authority may delegate to one or more of its members, or to its agents and employees, such powers and duties as it may deem proper. (c) The authority shall exist for 99 years and, upon the expiration thereof, shall exist for an additional 40 years. (d) The authority is assigned to the Department of Natural Resources for administrative purposes only."

PART II SECTION 2-1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising Code Section 27-1-39, relating to rules and regulations used to establish criminal violations, as follows: "27-1-39. Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this title, the term 'rules and regulations' means those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2020."

SECTION 2-2. Said title is further amended in Code Section 27-3-7, relating to hunting under the influence of alcohol or drugs, by revising paragraphs (1) through (3) of subsection (f) and paragraph (2) of subsection (g) and by adding a new subsection to read as follows:
"(a.1) As used in this Code section, the term `alcohol concentration' means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath."
"(1) If there was at that time an alcohol concentration of 0.05 grams or less, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section; (2) If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section; and (3) If there was at that time or within three hours after hunting, from alcohol consumed before such hunting ended, an alcohol concentration of 0.08 or more grams, the person shall be in violation of paragraph (4) of subsection (b) of this Code section." "(2) At the time a chemical test or tests are requested, the arresting officer shall read to the person the following implied consent warning:

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'The State of Georgia has conditioned your license to hunt in this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing and you are convicted of hunting while under the influence of alcohol or drugs, your ability to lawfully hunt in this state will be suspended for a period of two years. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more and if you are subsequently convicted of hunting under the influence of alcohol by having an alcohol concentration of 0.08 grams or more at any time within three hours after hunting from alcohol consumed before such hunting ended, your ability to lawfully hunt in this state will be suspended for a period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?'"

SECTION 2-3. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to registration, operation, and sale of watercraft generally, is amended in Code Section 52-7-3, relating to definitions, by revising paragraph (1) and adding a new subparagraph to read as follows:
"(1) The term 'alcohol concentration' means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (1.1) 'Blind point' means that portion of any of the waters of this state in which there is a natural or man-made obstruction which prevents the operator of a vessel from seeing vessels approaching from the opposite side of the obstruction, thus creating a safety hazard which could result in a boating accident."

SECTION 1-4. Said article is further amended in Code Section 52-7-12 of the Official Code of Georgia Annotated, relating to operation of watercraft while under influence of alcohol, toxic vapors, or drugs, legal drug use not exempted, blood and other chemical tests, test refusal, owner's liability for allowing another to operate while intoxicated, civil and criminal actions, and child endangerment, by revising subsection (h) as follows:
"(h) In the event of a boating accident involving a fatality, the investigating coroner or medical examiner having jurisdiction shall direct that a chemical blood test to determine alcohol concentration or the presence of drugs be performed on the dead person or persons and that the results of such test be properly recorded in his or her report."

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SECTION 1-5. Code Section 52-7-12.5 of the Official Code of Georgia Annotated, relating to ordering drug, alcohol, or other substance tests and implied consent notice relative to operation of watercraft, is amended by revising subsection (b) as follows:
"(b) At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent warning from the following:
(1) Implied consent notice for suspects under 21 years of age: 'The State of Georgia has conditioned your privilege to operate a vessel on the waters of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privilege to operate a vessel on the waters of this state will be suspended for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.02 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?'; or
(2) Implied consent notice for suspects 21 years of age or older: 'The State of Georgia has conditioned your privilege to operate a vessel on the waters of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privilege to operate a vessel on the waters of this state will be suspended for a minimum period of one year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended for a minimum period of one year. After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?'
If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section and under Code Section 52-7-12.6, and the results of any chemical test, or the refusal to submit to a test of such person's blood or urine, shall be admitted into evidence against such person. Such notice shall be read in its entirety but need not be read exactly so long as the substance of the notice remains unchanged."

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PART III SECTION 3-1. The General Assembly finds that: (1) The shoal bass has unique sporting qualities; occurs in abundance in the Flint, Chattahoochee, and Ocmulgee rivers; and is dependent upon clean, flowing water; (2) This unique native riverine sport fish moves dozens, and at times hundreds, of miles to complete its spawning and other life stages and is therefore dependent upon long, unobstructed segments of Georgia's rivers, in addition to high-quality shoal habitats; and (3) Both the hard rock formations of Georgia's piedmont region and the lime rock formations of Georgia's coastal plain are important to the shoal bass, and important fishing and tourist economies are structured around this unique native riverine sport fish.

SECTION 3-2. Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, is amended by adding a new Code section to read as follows:
"50-3-89. The shoal bass (Micropterus cataractae) is designated as the official Georgia state riverine sport fish."

PART IV SECTION 4-1. Part 1 of Article 1 of Chapter 3 of Title 27, relating to hunting generally, is amended by revising paragraph (9) of subsection (a) of Code Section 27-3-4, relating to legal weapons for hunting wildlife generally, use of silencers and suppressors prohibited, and penalty for violations, as follows: "(9) For purposes of this subsection, the term 'air gun' means any pistol, handgun, or shoulder-held device, each of not less than 0.30 caliber, or air bow that propels a projectile in the form of a slug, shot, or arrow equipped with a broadhead utilizing unignited compressed air or gas. Air guns are legal weapons for hunting big game only during primitive weapon hunts, primitive weapon seasons, and firearm seasons. This paragraph shall stand repealed effective July 1, 2025, unless continued in effect by the General Assembly prior to that date. At its 2025 regular session, the General Assembly shall review this paragraph to determine whether it should be continued in effect."

SECTION 4-2. Said part is further amended by revising subsection (g) of Code Section 27-3-15, relating to hunting seasons and bag limits, as follows: See Compiler's Note, Page 832.

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PART V SECTION 5-1. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5-2. All laws and parts of laws in conflict with this Act are repealed.

Compiler's Note - Section 4.2 revised subsection (g) of Code Section 27-3-15 by repealing it. The stricken text reads as follows:
"(g)(1) The department shall report to the General Assembly on or before the fifth day of February of each year the estimated number of deer killed, by sex, in the immediately preceding season. (2) Upon completion of its annual analysis of data from the immediately preceding season, the department shall report to the General Assembly on the same day that it reports to the Board of Natural Resources each year the actual number of deer killed, by sex, in the immediately preceding season."

Approved August 5, 2020.

__________

STATE HIGHWAY SYSTEM DEDICATING CERTAIN PORTIONS.

No. 601 (Senate Resolution No. 844).

A RESOLUTION

Dedicating certain portions of the state highway system; to provide for an effective date; to repeal conflicting laws; and for other purposes.

PART I

WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the tragic passing of Deputy Nicolas Blane Dixon on July 8, 2019; and

WHEREAS, a native of Gainesville, Georgia, Deputy Dixon graduated from North Hall High School and followed his lifelong dream to serve others as a law enforcement officer; and

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WHEREAS, he served the Hall County Sheriff's Office Uniformed Patrol Division for three years, where he had a well-earned reputation as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and

WHEREAS, his life was tragically cut short in the line of duty after he made a vehicle stop of a burglary suspect and was shot during a gun fight after the suspect fled on foot; and

WHEREAS, Deputy Dixon exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties; and

WHEREAS, known as having a giant heart and generous spirit, Deputy Dixon was passionate about his service as a police officer and was the embodiment of courage and strength; 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 II

WHEREAS, Dr. Tom Price 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, Dr. Price completed his residency in orthopaedic surgery at Emory University in Atlanta, Georgia, and settled in the suburb of Roswell, Georgia; and

WHEREAS, as a physician, he was one of the founders of Resurgens Orthopaedics and served as president of the Roswell Rotary; and

WHEREAS, he served with honor and distinction as a member of the Georgia State Senate from 1996 to 2005, where he was the first Republican after Reconstruction to hold the position of majority party leader in the Senate; and

WHEREAS, his 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 as a member of the United States House of Representatives from 2005 to 2017; and

WHEREAS, in 2017, Dr. Price was appointed as the United States Secretary of Health and Human Services; and

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WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART III

WHEREAS, the State of Georgia lost one of its finest citizens with the passing of Dr. Calvin McLarin on August 29, 2019; and

WHEREAS, Dr. Calvin McLarin was born in Atlanta, Georgia, the youngest of five children of George and Myrtis Young McLarin; and

WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and

WHEREAS, Dr. McLarin was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example he made of his life, he made this world a better place in which to live; and

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

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

PART IV

WHEREAS, Mr. Joseph "Sonny" Alexander Vickers was born in Valdosta, Georgia, to Jessie Lee and Mattie Vickers; and

WHEREAS, as a young man, Mr. Vickers petitioned city leaders over his concern about long wait times at the train crossing on West Hill Avenue in Valdosta that prevented citizens and first responders from traveling between the west side of town and the downtown area; and

WHEREAS, Mr. Vickers' passion for advocacy and helping his neighbors continued with a lifelong career in public service as a city councilman for Valdosta's District 3; and

WHEREAS, during his 32 year career as a councilmember, Mr. Vickers has been highly regarded by the citizens of his community and by state and local government officials as a person of unquestioned integrity and dedication to his community; and

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WHEREAS, Valdosta citizens have experienced significant quality of life improvements thanks to Mr. Vickers' leadership which includes initiatives for the installation of streetlights and the establishment of a housing program; and

WHEREAS, he helped organize the Black Community Action Group, founded the Valdosta Youth Voters League, served as chairperson for the Valdosta Housing Task Force, organized the 3rd District Community Association, and served as vice president of the Valdosta-Lowndes Chapter of Habitat for Humanity; and

WHEREAS, Mr. Vickers has been recognized with numerous honors and accolades, including the Humanitarian Award from the Alpha Gamma Chapter of Omega Psi Phi Fraternity, Appreciation Award and Macedonia Image Award from Macedonia First Baptist Church, Humanitarian Award from the Valdosta-Lowndes County Dr. Martin Luther King, Jr., Commemoration Association, and Award for Exemplary Community Service from the 100 Black Men of Valdosta; 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 V

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

WHEREAS, Dr. Harmon was born in Washington, Georgia, the beloved daughter of George and Ida Mae Harmon; and

WHEREAS, a graduate of Booker T. Washington High School in Atlanta, Georgia, Dr. Harmon earned a bachelor's degree from Morris Brown College, where she was a member of the prestigious Gamma Gamma chapter of the Alpha Kappa Alpha Sorority; and

WHEREAS, she earned a doctorate degree from Atlanta University Center, during which time she served on the Federal Advisory Council on Developing Institutions for the Department of Health, Education, and Welfare; and

WHEREAS, Dr. Harmon began her prestigious career as an educator with the Atlanta Public School System and Morris Brown College and founded the International Center for Child Development in 1978 which operated for over 35 years; and

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WHEREAS, Dr. Harmon was a tireless advocate for her community and for education, serving as chair of NPU-S for nearly 20 years and as a founding member of the Southwest Coalition of Concerned Citizens; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in her memory.

PART VI

WHEREAS, the Kicklighter family of Chatham County, Georgia, has a rich history and tradition of service to the community; and

WHEREAS, Dean Kicklighter has been a servant to the City of Garden City as a member of the city council; and

WHEREAS, he was elected as one of the youngest mayors in the history of Garden City, with his election at the age of 28; and

WHEREAS, after helping grow the size of Garden City as mayor, Dean Kicklighter went on to serve as county commissioner for District 7 in Chatham County, where his leadership and foresight have continued to be invaluable for the past 19 years; and

WHEREAS, the Kicklighter family has owned a business in Garden City for over 50 years, which started with Bessie and Randall Kicklighter; and

WHEREAS, Bessie Kicklighter entered politics more than 16 years ago and currently serves as mayor pro tempore of the city council for Garden City; and

WHEREAS, in 1979, Randall Kicklighter opened Randall's Gym, where he helped train neighbors, football players, and even professional wrestlers; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian family be recognized appropriately by dedicating a bridge in their honor.

PART VII

WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. Wesley Frank Weaver on January 22, 2019; and

WHEREAS, Mr. Weaver was born on July 20, 1941, in Buena Vista, Georgia, and was united in love and marriage for 54 wonderful years to Barbara Weaver; and

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WHEREAS, Mr. Weaver came from humble beginnings to become a community leader and successful businessman; and

WHEREAS, he was the owner of Oakcrest Lumber, which was his passion in life; and

WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and

WHEREAS, a man of deep and abiding faith, Mr. Weaver was an active member of River of Life Church; 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 mile of road in his memory.

PART VIII

WHEREAS, Mr. C. Arthur Howard, Jr., was born in Statesboro, Georgia, on August 18, 1941, the beloved son of Claude Arthur Howard, Sr., and Cecille Brannen Howard; and

WHEREAS, a Statesboro High School graduate, Mr. Howard attended the University of Georgia and graduated from Georgia Southern College before joining his father in 1962 in the family business, Claude Howard Lumber, a business that dates back to 1898 and which continues to this date; and

WHEREAS, Mr. Howard married the love of his life, Carol Huggins Howard, in 1963, and he and Carol lived a loving and happy life as husband and wife for 56 years until his passing on April 29, 2019; and

WHEREAS, he was blessed with two remarkable sons, five fabulous grandchildren, and one wonderful great-grandchild, all of whom, along with their community, witnessed Mr. Howard's and Carol's Fruits of the Spirit that a lifetime commitment of love can bring; and

WHEREAS, Mr. Howard was a charter member of Pittman Park United Methodist Church, serving as a faithful servant to his church, his fellowship Sunday school class, and God, all by and through the power and strength that was given to him by God through Jesus Christ and the Holy Spirit that dwelled within him; and

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WHEREAS, Mr. Howard used the organizational and leadership talents and gifts given to him by God to better his community and fellow man by serving on numerous community boards that served several constituents in the Ogeechee River area, including, the Joseph Home for Boys, the local hospital authority, and Ogeechee Area Hospice; and

WHEREAS, in recognition of Mr. Howard's contributions to his community, he was the recipient of three Deen Day Smith Awards, Chamber of Commerce Man of the Year in 1988, and Business Leader of the Year in 1995; and

WHEREAS, Mr. Howard loved and appreciated the beautiful creation of the outdoors given by God, taking great pride in the stewardship obligations bestowed upon us and which were particularly seen in his love for his family farm in Scarboro, Georgia, and family owned land in Screven County, Georgia; and

WHEREAS, Mr. Howard was a dedicated and devoted son, husband, father, grandfather, and friend who selflessly gave the best of himself to others and it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his memory.

PART IX

WHEREAS, Judge Albert W. Thompson, Sr., has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, Judge Thompson earned his bachelor's degree from Savannah State College and his Juris Doctorate from Howard University; and

WHEREAS, in 1951, Judge Thompson made history as the first African American admitted to the bar in Columbus, Georgia, and in 1965 he became the first African American elected to public office in Muscogee County and one of the first to desegregate the Georgia House of Representatives; and

WHEREAS, this seven-term member of the House of Representatives also chaired the House Committee on Special Judiciary, making him the first African American chairperson for the Georgia General Assembly; and

WHEREAS, in 1980, he was appointed a superior court judge, and in 1991 he retired from the bench as an administrative law judge with the State Board of Workers' Compensation; and

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WHEREAS, during his career on the bench, he earned a reputation as a clear thinker and hard worker, as a man whose strong convictions were supported by meticulous research and careful consideration, and as an equitable, impartial leader whose decisions were governed by the rules of honesty and fair play; and

WHEREAS, Judge Thompson's leadership and wisdom were instrumental to numerous service organizations and the Civil Rights Movement; 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 X

WHEREAS, Congressman Jack T. Brinkley 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 decades of public service; and

WHEREAS, a native of Decatur County, Georgia, Congressman Brinkley graduated from Young Harris Jr. College and the University of Georgia; and

WHEREAS, Congressman Brinkley served as a guardian of this nation's freedom and liberty with the United States Air Force; and

WHEREAS, he was elected as a representative to the Georgia House of Representatives from 1965 to 1966 and represented the Georgians of the 3rd United States Congressional District as a member of the United States House of Representatives from 1967 to 1983; and

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

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an interchange in his memory.

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PART XI

WHEREAS, Mr. James "Jimmy" Smith, Jr., 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 served as a guardian of this nation's freedom and liberty with the United States Naval Reserve; and

WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service as a county commissioner representing District 8 on the Augusta-Richmond County Board of Commissioners; and

WHEREAS, during his two terms with the Augusta-Richmond County Board of Commissioners he founded Pride and Progress, a program that has been instrumental in the development and improvement in the quality of life for south Augusta by bringing businesses to the area and promoting road projects; and

WHEREAS, he was the owner of Smitty's Auto and Smith Tire Company, both businesses which continue to be led by third and fourth generations of the Smith family; and

WHEREAS, Mr. Smith'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, his leadership and guidance have been instrumental in numerous community and civic organizations, including the Augusta Automotive Service Association, Georgia Automotive Service Association, University Hospital, Georgia Bank and Trust, Exchange Club, and Rotary Club; and

WHEREAS, a man of deep and abiding faith, Mr. Smith is an active member of Hillcrest Baptist Church, where he serves as a Sunday school teacher and deacon; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an intersection in his honor.

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PART XII

WHEREAS, Mayor Maggie Bell Cheatham Cartwright was born the fifth of ten children and the youngest daughter born to David Cheatham and Mattie Rhodes Cheatham; and

WHEREAS, she attended elementary school in Keysville, Georgia, and Jacksonville, Florida; high school in Delray, Florida; and Boggs Academy in Keysville, from which she graduated in 1947; and

WHEREAS, after graduating from Boggs Academy, she enrolled at the Lamar Nursing School University Hospital in Augusta, Georgia, and also attended Paine College where she took basic science studies; and

WHEREAS, upon completing her training, she earned her license as a registered nurse and enrolled in Nurse Anesthetist School of Flint Goodridge and Charity Hospital; she successfully became a certified Nurse Anesthetist CRNA in 1958; and

WHEREAS, during Mayor Cartwright's 46 years of working in the field of medicine, she worked Georgia, Louisiana, Missouri, and Illinois, where she practiced anesthesia for 36 years before retiring and returning to her hometown of Keysville in 1992; and

WHEREAS, a woman of deep and abiding faith, she is a member of First Baptist Church of Keysville and has worked as a Mother of the Church and a Sunday school teacher; and

WHEREAS, she was elected mayor of Keysville in 2005 and worked diligently toward her goal of erecting the city's first "All Purpose Building" and Housing Complex; and

WHEREAS, she has given inspiration to many through her high ideals, morals, and deep concern for her fellow citizens, and the devotion, patience, and understanding she has demonstrated to her family and friends have been admired by others; 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 XIII

WHEREAS, Ms. Jessye Norman was born on September 15, 1945, in Augusta, Georgia, the beloved daughter of Janie King Norman and Silas Norman; and

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WHEREAS, after graduating from Lucy C. Laney High School, Ms. Norman earned a bachelor's degree from Howard University and a master's degree from the University of Michigan; and

WHEREAS, a renowned opera singer, Ms. Norman performed Deborah, L'Africaine, and Le Nozze di Figaro for the Deutsche Oper Berlin opera company; and

WHEREAS, in 1982, she performed Oedipus Rex and Dido and Aeneas with the Opera Company of Philadelphia; and

WHEREAS, other notable performances include the 100th anniversary season with the Metropolitan Opera and appearances with the Vienna Philharmonic Orchestra and Lyric Opera of Chicago; and

WHEREAS, in 2002, she established the Jessye Norman School of Arts, a tuition-free after school arts program in Augusta; and

WHEREAS, her remarkable talents have been recognized with five Grammy Awards, including a Lifetime Achievement Award; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an interchange in her memory.

PART XIV

WHEREAS, Mr. William"Billie" E. Clanton 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 Jesup, Georgia, Mr. Clanton has consistently invested in the community as a local business owner, and he has served as both president of the Wayne County Chamber of Commerce and chairman of Jesup Centennial; and

WHEREAS, his work in and his dedication to his community have been recognized with numerous accolades and awards, including the 2015 Distinguished Service Award from the Wayne County Chamber of Commerce and induction into the Wayne County Hall of Fame; and

WHEREAS, a Mason, Shriner, and Rotarian, Mr. Clanton's leadership and guidance are instrumental to organizations such as Jesup Elks Lodge, the Liars Club, Jesup Kiwanis Club, and First Southern Bank; and

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WHEREAS, this distinguished gentleman has given inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and he possesses the vast wisdom which only comes through experience; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his honor.

PART XV

WHEREAS, Mr. Billy Burnette was born on August 4, 1936, in Gilmer County, Georgia, the third of six beloved children of Hub and Genevieve "Bill" Burnette; and

WHEREAS, a graduate of Gilmer High School, Mr. Burnette attended Young Harris College before he was called to serve as a guardian of this nation's freedom and liberty with the United States Army; and

WHEREAS, upon returning home from his tour in Germany, Mr. Burnette worked as a night shift supervisor for the Pickens Footwear shoe plant in Jasper, Georgia, and worked on his family farm during the day; and

WHEREAS, Mr. Burnette was a talented farmer and a lifetime member of the Future Farmers of America, Young Farmer's Association, and Georgia Cattlemen's Association; and

WHEREAS, he was passionate about teaching the next generation the value of farming, often lending aspiring farmers a hog or cow to show; 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, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the passing of Mr. Johnnie B. Hall on September 26, 2019; and

WHEREAS, Mr. Hall was born on April 9, 1947, and was a well respected member of the Dublin Police Department and the Georgia State Patrol; and

WHEREAS, he began his prestigious career in law enforcement as a Dublin Police Officer before dedicating 31 years as a state patrol officer, where he protected important figures like Muhammad Ali and Governor Roy Barnes; and

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

WHEREAS, his leadership and guidance were recognized with numerous awards and accolades and he exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties; and

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

PART XVII

WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the passing of Mr. Kipley Allen Brown; and

WHEREAS, Mr. Brown was born in Newburg, New York, and resided in Laurens County, Georgia, for most of his life; and

WHEREAS, a graduate of Adrian High School, Mr. Brown served as a guardian of this nation's freedom and liberty with the United States Army for nine years and served in the Gulf War Operation Desert Storm; and

WHEREAS, Mr. Brown continued his service to others and protection of the public as a deputy with the Laurens County Sheriff's Department; and

WHEREAS, during his career in law enforcement, Mr. Brown was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and

WHEREAS, his leadership and guidance were recognized with numerous awards and accolades and he exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties; and

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

PART XVIII

WHEREAS, the State of Georgia and Calhoun/Gordon County mourn the loss of one of their most distinguished citizens with the passing of Johnny Meadows; and

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WHEREAS, Johnny was long 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 the State of Georgia and the City of Calhoun; and

WHEREAS, he proudly served as a guardian of this nation's freedom and liberty with the United States Marine Corps; and

WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service as a member of the Calhoun City Council, mayor of Calhoun, president of the Georgia Municipal Association from 1995 to 1996, and six-term representative of the 5th District in the Georgia House of Representatives; and

WHEREAS, Johnny was devoted to improving the lives of young people by spending his free time reading to first graders, developing the Calhoun Boys and Girls Club, and serving as a founding member of Civic Leaders United Behind Youth (C.L.U.B.Y.), which raises money for scholarships and Christmas funds for youth; and

WHEREAS, his strong desire to be involved in the future of his community led him to the Georgia General Assembly, where he worked tirelessly for his beloved community and served as chairman of the House Rules Committee; and

WHEREAS, Johnny's significant organizational and leadership talents, remarkable patience and diplomacy, keen sense of vision, and sensitivity to the needs of the citizens of this state earned him the respect and admiration of his colleagues and associates and truly defined the meaning of public service; and

WHEREAS, Johnny greatly valued developing leadership skills in others and helped form the inaugural Calhoun/Gordon County Chamber of Commerce leadership class, of which he was a member; and

WHEREAS, his prowess and dedication to the game of golf allowed him many opportunities for fellowship with others and led to the founding of the City of Calhoun's Fields Ferry Golf Course; and

WHEREAS, his dedication to his community and state was surpassed only by his devotion to his wife, Marie; his two remarkable children, B.J. and Missy; and his three wonderful grandchildren, Will, Patrick, and Maxwell; and

WHEREAS, Johnny loved his grandchildren and enjoyed taking them out for breakfast every Sunday morning before Sunday school at First Baptist Church; and

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WHEREAS, a compassionate and generous man, Johnny will long be remembered for his love of family, friendship, and public service and will be missed by all who had the great fortune of knowing him; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be appropriately recognized by dedicating an interchange in his memory.

PART XIX

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. Evans served as a guardian of this nation's freedom and liberty with the United States military, valiantly and courageously defending democracy during World War I; and

WHEREAS, Mr. Evans demonstrated selfless service to this nation and an unyielding commitment to protecting the people and ideals of the United States; and

WHEREAS, he embodied the spirit of service, willing to find meaning in something greater than himself; 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 XX

WHEREAS, Major Henry Talmage Elrod was born in Turner County, Georgia, on September 27, 1905; and

WHEREAS, he graduated from Thomasville High School, where he was a standout player for the school's baseball and football teams, and went on to earn a position on the University of Georgia football team; and

WHEREAS, Major Elrod enlisted in the United States Marine Corps in 1927, was appointed to the rank of second lieutenant in 1931, and earned his wings as a naval aviator; and

WHEREAS, he earned the nickname "Hammerin' Hank," after he singlehandedly attacked 22 Japanese bomber planes and shot down two on December 12, 1941, just days after the attack on Pearl Harbor; and

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WHEREAS, Major Elrod was the first American to sink a Japanese warship from a fighter aircraft when he dropped bombs on the destroyer, Kisaragi; and

WHEREAS, he lost his life during a battle on Wake Island shortly after crash landing there and organizing a beach defense unit to push back the Japanese invasion; and

WHEREAS, Major Elrod was posthumously awarded a Medal of Honor, and a ship, the USS Elrod, has been commissioned in his honor; 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 XXI

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

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

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

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

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

PART XXII

WHEREAS, Mr. Richard L. Jackson has long been recognized by the citizens of this state for his contributions to the healthcare industry as well as advocacy for the foster care system of Georgia; and

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WHEREAS, a graduate of Greater Atlanta Christian School, Mr. Jackson has devoted his life to the betterment of his community by enriching the lives of others through numerous humanitarian projects; and

WHEREAS, he has served as the chairman and chief executive officer of Jackson Healthcare, an organization dedicated to providing highly specialized healthcare staffing and technology; and

WHEREAS, his dedication to improving the healthcare community is demonstrated by his leadership in one of the largest healthcare staffing companies in the United States, which serves over 1,000 healthcare facilities; and

WHEREAS, Mr. Jackson has played a vital role in the healthcare industry for over 40 years by conceptualizing various healthcare companies and developing hospitals, surgery centers, and other healthcare environments; and

WHEREAS, Mr. Jackson's keen ability to strategize and advance healthcare systems has transformed the healthcare industry as whole; and

WHEREAS, Mr. Jackson has also served on the board of the Georgia Department of Community Health and the Metro Atlanta Chamber of Commerce for a number of years; and

WHEREAS, in addition to founding Patients for Fair Compensation, a 501(c)(3) organization devoted to medical malpractice reform, Mr. Jackson is also co-founder and chairman of FaithBridge Foster Care, a ministry that serves to support children within the foster care system and their families; and

WHEREAS, driven by his personal experiences as a former child within the Georgia foster care system, Mr. Jackson has dedicated his life to transforming the lives of children by finding them loving homes; and

WHEREAS, Mr. Jackson has provided hope and opportunity to a countless number of underprivileged children through his endeavor to find a solution to the foster care system; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

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PART XXIII

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on State Route 11/Cleveland Highway in Hall County is dedicated as the Deputy Nicolas Blane Dixon Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 92 and State Route 9/State Route 120 in Fulton County is dedicated as the Tom Price Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on 17th Street over I-75 in Fulton County is dedicated as the Calvin McLarin Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the overpass bridge on State Route 38/U.S. 221 in Lowndes County is dedicated as the Joseph "Sonny" Vickers Overpass.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 139 from Campbellton Road to Donnelly Avenue in Fulton County is dedicated as the Vivien Harmon Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the overpass bridge on 701 West Highway 80 in Chatham County is dedicated as the Kicklighter Overpass.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 41 from mile marker 6 to mile marker 7 in Marion County, Georgia, is dedicated as the Wesley Frank Weaver Memorial Mile.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 17 from Rocky Ford to Scarboro in Screven County is dedicated as the C. Arthur Howard, Jr., Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 85 over Railroad Ave/Railroad Street in Muscogee County is dedicated as the Albert W. Thompson Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the interchange at the U.S. 80/State Route 22 Connector in Muscogee County is dedicated as the Congressman Jack T. Brinkley Memorial Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of Brown Road and State Route 56 in Augusta-Richmond County is dedicated as the James "Jimmy" Smith, Jr., Intersection.

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BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 88 over Brier Creek in Keysville, Georgia, is dedicated as the Maggie Bell Cheatham Cartwright Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the interchange between Interstate 20 and Washington Road in Richmond County is dedicated as the Jessye Norman Memorial Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the overpass bridge at the overpass on State Route 169 in Wayne County is dedicated as the William"Billie" E. Clanton Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 515/State Route 5 over Talona Road in Gilmer County is dedicated as the Billy Burnette Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 338 over I-16 near the city limits of Dudley in Laurens County is dedicated as the Johnnie B. Hall Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the intersection between State Route 31/US 319/ US 441 and State Route 117/ US 441 Bypass in Laurens County is dedicated as the Kipley "Kip" Allen Brown Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the interchange at Interstate 75 and Union Grove in Gordon County is dedicated as the Johnny Meadows Memorial Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 1 and Veterans Memorial Highway in Floyd County is dedicated as the Carl Evans Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on SR 38/US 84 over SR 3/SR 300/US 19 in Thomas County is dedicated as the Major Henry Talmage Elrod Medal of Honor Recipient Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 93 between 1st and 2nd Avenue in the city limits of Cairo in Grady County is dedicated as the Veterans Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the interchange between Old Milton Parkway/SR 120 and SR 400 in Fulton County is dedicated as the Richard L. Jackson Interchange.

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

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to make appropriate copies of this resolution available for distribution to the Department of Transportation; to Maggie Bell Cheatham Cartwright, Dr. Tom Price, Mr. Joseph "Sonny" Alexander Vickers, the Kicklighter family, Mr. James "Jimmy" Smith, Jr., Mr. William "Billie" E. Clanton, and Mr. Richard L. Jackson; and to the families of Deputy Nicolas Blane Dixon, Dr. Calvin McLarin, Dr. Vivien Harmon, Mr. Wesley Frank Weaver, Mr. C. Arthur Howard, Jr., Judge Albert W. Thompson, Congressman Jack T. Brinkley, Ms. Jessye Norman, Mr. Billy Burnette, Mr. Johnnie B. Hall, Mr. Kipley Allen Brown, Johnny Meadows, Mr. Carl Evans, and Major Henry Talmage Elrod.

PART XXIV

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

PART XXV

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

Approved August 5, 2020.

__________

STATE PROPERTY CONVEYANCES AND LEASES.

No. 602 (House Resolution No. 1167).

A RESOLUTION

Authorizing the conveyance of certain state owned real property in Charlton County; authorizing the lease of certain state owned real property in Dougherty County; authorizing the conveyance and lease of certain state owned real property located in Fulton County; authorizing the conveyance of certain state owned real property located in Glynn County; authorizing the lease of certain state owned real property located in Gordon County; authorizing the lease of certain state owned real property in Gwinnett County; authorizing the exchange of certain state owned real property in Hall County; authorizing the conveyance of certain state owned real property in Miller County; authorizing the conveyance of certain

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state owned real property located in Muscogee County; authorizing the conveyance and lease of certain state owned real property located in Paulding County; authorizing the conveyance of certain state owned real property located in Rabun County; authorizing the lease of certain state owned real property in Richmond County; authorizing the conveyance of certain state owned real property located in Terrell County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

WHEREAS: (1) The State of Georgia is the owner of improved real property located in Charlton County, Georgia; and (2) Said real property is approximately 2.0 acres lying and being in the 32nd G.M. District of Charlton County, Georgia, commonly known as the Okefenokee Heritage Education Center, and more particularly described in a General Warranty Deed dated April 10, 2002, from the City of Folkston, Georgia, being recorded in Deed Book 52, Pages 76-78 in the office of the Clerk of Superior Court of Charlton County and on file with the State Properties Commission Real Property Records as RPR 009703; and (3) Said real property is under the custody of the Department of Natural Resources; and (4) By letter dated February 12, 2020, Charlton County, Georgia, is desirous of acquiring the property from the State of Georgia; and (5) By official action dated February 13, 2020, the Department of Natural Resources requested to surplus and convey the approximately 2.0 acres of surplus real property to Charlton County, Georgia; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Dougherty County, Georgia; and (2) Said real property is approximately 1 acre of real property, lying and being in Land Lots 367 and 366, 1st Land District, Albany, Dougherty County, Georgia, and more particularly described in that Warranty Deed, dated September 28, 1977, from Georgia Easter Seal Society for Crippled Children and Adults, Inc., being recorded in Deed Book 593, Pages 218-227, in the office of the Clerk of Superior Court of Dougherty County and on file with the State Properties Commission Real Property Records as RPR 06387, and more particularly described on a plat of survey for the State of Georgia, Department of Human Resources, an agency of the State of Georgia, dated March 22, 1977, prepared by Marbury Engineering Company, and more particularly bearing the Seal of Ritchey M. Marbury, III, R.L.S. No. 1495, on file in the offices of the State Properties Commission; and (3) Said real property is under the custody of the Georgia Vocational Rehabilitation Agency; and (4) Easterseals Southern Georgia, Inc., is desirous of entering into a lease for five years; and

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(5) The Georgia Vocational Rehabilitation Agency requested to enter into a lease for five years; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Fulton County, Georgia; and (2) Said real property is approximately 16 acres of real property, being a portion of 25.5 acres of the Fulton Campus of Gwinnett Technical College, lying and being in Land Lot 853, 1st District, 2nd Section, City of Alpharetta, Fulton County, Georgia, and more particularly described in that Limited Warranty Deed, dated December 28, 2012, from Avalon Remainder, LLC, being recorded in Deed Book 52081, Page 670 and that Quitclaim Deed, dated December 28, 2012, from Avalon Remainder, LLC, being recorded in Deed Book 52081, Page 676, in the office of the Clerk of Superior Court of Fulton County and on file with the State Properties Commission Real Property Records as RPR 011161.01 and 011161.02, respectively, and more particularly described on a plat of survey for Gwinnett Technical College, a unit of the Technical College System of Georgia, an agency of the State of Georgia, dated November 15, 2012, revised December 27, 2012, prepared by Valentino and Associates, Inc., and more particularly bearing the Seal of Glenn A. Valentino, R.L.S. No. 2528, on file in the offices of the State Properties Commission; and (3) Said real property is under the custody of the Technical College System of Georgia; and (4) The Technical College System of Georgia Foundation is desirous of entering into a long term ground lease up to 50 years; and (5) The Technical College System of Georgia requested to enter into a long term ground lease up to 50 years; and

WHEREAS: (1) The State of Georgia is the owner of real property rights located in Fulton County, Georgia; and (2) Said real property rights are located in Land Lots 77 and 78 of the 14th District of Fulton County and include approximately 2.303 acres in fee simple and approximately 0.83 of an acre of air rights commencing on a plane located 23 feet from the top of any rail of the Western and Atlantic Railroad as it existed on January 12, 1960, or 23 feet from ground level as it existed on January 12, 1960, together with so much of the land level as is necessary for supports and appurtenances for the structures to have been constructed, hereinafter referred to as the "Property", subject to encumbrances including certain uses, leases, easements, grants, and rights, said Property being further detailed and identified on Exhibits A and B of that existing lease by and between the State of Georgia and Omni International, Inc., dated April 9, 1973, as recorded in the State Properties Commission inventory as Real Property Record 006534,

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as amended by that First Amendment, dated August 3, 1978, as recorded in the State Properties Commission inventory as Real Property Record 006535 and by that Second Amendment, dated January 1, 2020, as recorded in Real Property Record 012357; and (3) 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) CNN Center Ventures is desirous of exercising the purchase option contained in the Second Amendment for the purchase of the Property for the consideration of $18,800,000; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Glynn County, Georgia; and (2) Said real property is approximately 2.066 acres of an improved parcel or tract, being a portion of 15 acres lying and being in the 1356th G.M.D of Glynn County, Georgia, more particularly described in a Fee Deed Without Warranty, dated June 30, 1989, recorded in Deed Book 32-R, Pages 265-270 in the office of the Clerk of Superior Court of Glynn County, and filed with the State Properties Commission Real Property Records as RPR 07830, and shown on a survey entitled "Georgia Air National Guard Site", dated January 21, 1985, prepared by James L. Conine, Registered Land Surveyor #1545; and (3) Said real property is under the custody of the Georgia Department of Defense and was leased to the United States of America since May 1986 under lease No. DACA-21-5-87-146; and (4) Said lease was released by the United States of America under Supplemental Agreement No. 3 dated January 7, 2019, and filed with the State Properties Commission Real Property Records as RPR 07830.04; and (5) By official action dated May 29, 2018, the Georgia Department of Defense requested to surplus the above-described improved property; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Gordon County, Georgia; and (2) Said real property is approximately 14.6 acres, being a portion of the approximately 191.23 acre tract located in Land Lots 124 and 125, 14th District, 3rd Section, Gordon County, Georgia, and more particularly described in that Warranty Deed, dated November 9, 1956, from New Echota-Cherokee Foundation, Inc., being recorded in Deed Book 38, Page 103 in the office of the Clerk of Superior Court of Gordon County and on file with the State Properties Commission Real Property Records as RPR 000698, and more particularly described on a plat of survey, dated October 22, 1956, prepared by R. E. Smith, Registered Land Surveyor #262, and on file in the offices of the State Properties Commission as RPR 000698; and

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(3) Said real property is under the custody of the Department of Natural Resources and is located at 143 Craigtown Rd. Calhoun, Georgia; and (4) Calhoun Elks Home, Inc., has leased the approximately 14.6 acre tract since May 6, 1969, for use as a portion of a golf course and is desirous of renewing their lease; and (5) By official action dated January 13, 2020, the Department of Natural Resources resolved to seek legislation to enter into a long term ground lease over approximately 14.6 acres, being a portion of the New Echota Historic Site, with Calhoun Elks Home, Inc., for ten years with (2) five-year renewal options for fair market value; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Gwinnett County, Georgia; and (2) Said real property is approximately 0.68 of an acre of improved real property, being a portion of 9.999 acres of the Gwinnett RYDC, lying and being in Land Lot 13, 7th District, Gwinnett County, Georgia, and more particularly described in that Warranty Deed, dated July 27, 1978, from Gwinnett County, a political subdivision, being recorded in Deed Book 1531, Page 350 in the office of the Clerk of Superior Court of Gwinnett County and on file with the State Properties Commission Real Property Records as RPR 06509, and more particularly described on a plat of survey for the State of Georgia, dated August 27, 1997, prepared by McNally & Patrick, Inc., and more particularly bearing the Seal of Lloyd C. McNally, Jr., R.L.S. No. 2040, on file in the offices of the State Properties Commission; and (3) Said real property is under the custody of the Department of Juvenile Justice; and (4) Said property has been leased since December 8, 1998, by Creative Enterprises, Inc., and said lease expires on July 28, 2020; and (5) By letter dated January 29, 2020, Creative Enterprises, Inc., requested to enter into a long term lease; and (6) By official action dated January 31, 2020, the Department of Juvenile Justice requested to enter into a long term lease with Creative Enterprises, Inc., until July 28, 2037; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Hall County, Georgia; and (2) Said real property is approximately 3.7 acres of improved real property, being a portion of 18.7 acres of the Gainesville Driver Services Center, lying and being in G.M.D. 411, Hall County, Georgia, and more particularly described in that Warranty Deed, dated December 20, 1990, from Gibbs and Sons Machinery, Inc., being recorded in Deed Book 1548, Pages 297-298 in the office of the Clerk of Superior Court of Hall

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County and on file with the State Properties Commission Real Property Records as RPR 008076, and more particularly described on a plat of survey for the State of Georgia, dated July 19, 1990, prepared by Tribble and Richardson, Inc., and more particularly bearing the Seal of Tommie M. Donaldson, Jr., R.L.S. No. 1617, on file in the offices of the State Properties Commission; and (3) Said real property is under the custody of the Department of Driver Services; and (4) An adjacent property owner, Mar-Jac Poultry, Inc., is desirous of acquiring the approximately 3.7 acre tract for expansion in exchange for a like or better property, satisfaction of outstanding bond funds, and the relocation of current Department of Driver Services Commercial Driver License Carousels; and

WHEREAS: (1) The State of Georgia is the owner of improved real property located in Miller County, Georgia; and (2) Said real property consists of two tracts totaling approximately 1.9761 acres, known as the Miller County Unit, lying and being in Land Lot 231, 13th Land District of Miller County, Georgia, and more particularly described in two Warranty Deeds dated August 18, 1955, and September 20, 1978, from International Paper Company, being recorded in Deed Book 46, Pages 8-9 and Deed Book 83, Pages 478-479 in the office of the Clerk of Superior Court of Miller County and on file with the State Properties Commission Real Property Records as RPR 004924 and RPR 004925, respectively; and (3) Said real property is under the custody of the Georgia Forestry Commission; and (4) By letter dated February 17, 2020, the City of Colquitt, Georgia, is desirous of acquiring the property from the State of Georgia; and (5) By official action dated February 17, 2020, the Georgia Forestry Commission requested to surplus and convey the approximately 1.9761 acres of surplus real property to the City of Colquitt, Georgia; and
WHEREAS: (1) The State of Georgia is the owner of or has an interest in a certain parcel of improved real property located in Muscogee County, Georgia; and (2) Said real property is all of that improved parcel or tract being approximately 4.01 acres, commonly known as Courthouse Square ("Property"); and (3) By the Act of the Legislature, the State of Georgia conveyed the Property to Muscogee County, Georgia, on or about September 20, 1828, for the Courthouse Square and appropriated for the erection of a courthouse, conditioned upon such courthouse being built within 12 months from the passage of such Act and further conditioned upon such property never being sold or disposed of, being strictly reserved and kept for use as a courthouse ("Restrictions"); and

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WHEREAS: (1) The State of Georgia is the owner of certain improved real property located in Paulding County, Georgia; and (2) Said real property is approximately 0.191 of an acre, being a portion of the approximately 25.195 acres, lying and being in Land Lots 376, 377, 416, and 417, 2nd District, 3rd Section of Paulding County, Georgia, and more particularly described in that Fee Deed Without Warranty, dated December 22, 1994, from Paulding County, Georgia, by and through its Board of Commissioners, being recorded in Deed Book 424, Pages 570-573 in the office of the Clerk of Superior Court of Paulding County and on file with the State Properties Commission Real Property Records as RPR 08586, and more particularly described on right-of-way plans for the City of Dallas dated August 19, 2019; and (3) Said real property is under the custody of the Technical College System of Georgia and is a portion of the Paulding Campus of Chattahoochee Technical College; and (4) Paulding County is desirous of acquiring the above-described property for part of the Dallas Battlefield Trail and to connect the sidewalk serving the school and provide new drainage; and (5) By official action dated December 5, 2019, the Technical College System of Georgia requested to surplus and convey the approximately 0.191 of an acre of the Paulding Campus of Chattahoochee Technical College to Paulding County; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Paulding County, Georgia; and (2) Said real property is approximately 59,360 square feet, being a portion of all of that improved parcel or tract being approximately 9.712 acres, lying and being in Land Lot 55 of the 2nd District, 3rd Section, Paulding County, Georgia, and more particularly described in that General Warranty Deed, dated May 14, 1996, from Paulding County by and through its Board of Commissioners, being recorded in Deed Book 515, Pages 672-674 in the office of the Clerk of Superior Court of Paulding County and on file with the State Properties Commission Real Property Records as RPR 008989, and more particularly described on a plat of survey, dated January 2, 1996, prepared by Ronnie L. Ray, Registered Land Surveyor #1781, and on file in the offices of the State Properties Commission as RPR 008989; and (3) Said real property is under the custody of the Department of Juvenile Justice and is located at 538 Industrial Blvd. N., Dallas, Georgia; and (4) By official action, the Board of Juvenile Justice requested to seek legislation to enter into a long term lease of approximately 59,360 square feet, being a portion of the Paulding Regional Youth Detention Center (Building), with Wellspring Living, Inc., (Wellspring) for a five-year term with (2) five-year renewal options for consideration

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of $10 annually and the requirement that Wellspring operate the Building exclusively on behalf of the Department of Juvenile Justice's mission as a receiving center; and

WHEREAS: (1) The State of Georgia is the owner of improved real property located in Rabun County, Georgia; and (2) Said real property is approximately 0.076 of an acre, being a portion of 5.26 acres lying and being in Land Lot 119 of the 2nd District of Rabun County, Georgia, commonly known as the Dillard Apple House and more particularly described in the Fee Simple Deed Without Warranty dated June 30, 1987, being recorded in Deed Book W10, Pages 660-664 in the office of the Clerk of Superior Court of Rabun County and on file with the State Properties Commission Real Property Records as RPR 007464, and more particularly described on a plat of survey dated April 1, 1987, and revised June 15, 1987, by T. Lamar Edwards, Georgia Registered Land Surveyor No. 1837; and (3) Said real property is under the custody of the Department of Agriculture; and (4) By letter dated July 19, 2019, the Department of Transportation requested conveyance of approximately 0.075 of an acre of a right-of-way and granting approximately 0.001 of an acre for two temporary driveway easements to accommodate the planned widening of U.S. 441, Project P.I. 122090, for the total consideration of $6,200 (rounded), being comprised of $4,125 in value for the property being conveyed in fee and $2,025 in value for the taking of asphalt and concrete curb site improvements; and (5) By official action dated August 27, 2019, the Department of Agriculture resolved to convey the approximately 0.075 of an acre right-of-way and grant approximately 0.001 of an acre for two temporary driveway easements to the Department of Transportation for the total consideration of $6,200; and
WHEREAS: (1) The State of Georgia is the owner of certain real property located in Rabun County, Georgia; and (2) Said real property is approximately 0.131 of an acre of a parcel or tract, being a portion of approximately 1 acre, lying and being in Land Lot 162 of the 556th G.M.D., Rabun County, Georgia, commonly known as the Dillard Farmers Market and more particularly described in Warranty Deeds, dated October 17, 1950, recorded in Deed Book Y2, Pages 61-63 and dated September 30, 1954, recorded in Deed Book E-4, Pages 147-148 in the office of the Clerk of Superior Court of Rabun County and on file with the State Properties Commission Real Property Records as RPR 01089 and RPR 04487, respectively, and as also shown on a plat or survey entitled "Retracement Survey for Commissioner of Agriculture", dated March 27, 2014, prepared by Robert S. Cleveland, Registered Land Surveyor #2894; and

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(3) Said real property is under the custody of the Department of Agriculture; and (4) By letter dated July 19, 2019, the Department of Transportation requested conveyance of approximately 0.096 of an acre right-of-way and granting of approximately 0.034 of an acre permanent easement and approximately 0.001 of an acre two temporary driveways easements to accommodate the planned widening of U.S. 441; and (5) By official action dated August 27, 2019, the Department of Agriculture resolved to convey the approximately 0.096 of an acre right-of-way and grant the approximately 0.034 of an acre permanent easement and approximately 0.001 of an acre for two temporary driveways easements to the Department of Transportation for the consideration of $10,300; and

WHEREAS: (1) The State of Georgia is the owner of certain real property located in Richmond County, Georgia; and (2) Said real property is approximately 38.79 acres of certain real property, being a portion of 456.45 acres located in Richmond County, lying and being in a part of 123rd G.M.D. of Richmond County, Georgia, and more particularly described in that Warranty Deed, dated February 12, 1931, from Jose Goldberg, Samuel Goldberg, and Frank Goldberg being recorded in Deed Book I, Pages 518-524 in the office of the Clerk of Superior Court of Richmond County and on file with the State Properties Commission Real Property Records as RPR 02026, and more particularly described on a plat of survey entitled, "Circular Court, Estate of Jacob Phinzy", dated January 1926, prepared by Geo. W. Summers, C.E., and on file in the offices of the State Properties Commission; and (3) Said real property is under the custody of the Department of Juvenile Justice; and (4) Said property has been leased since February 16, 1996, by Masters City Little League, Inc., and said lease expires on February 15, 2021; and (5) Masters City Little League, Inc., is desirous of renewing the lease; and (6) By official action dated January 31, 2020, the Department of Juvenile Justice requested to enter into a long term lease with Masters City Little League, Inc., for ten years with (2) five-year renewal options for fair market value; and

WHEREAS: (1) The State of Georgia is the owner of improved real property located in Terrell County, Georgia; and (2) Said real property is approximately 25 acres of improved real property, lying and being in Land Lot 75 of the 3rd Land District of Terrell County, Georgia, and more particularly described in a Warranty Deed, dated September 10, 2001, being recorded in Deed Book 6-H, Pages 275-276 in the office of the Clerk of Superior Court of Terrell County and on file with the State Properties Commission Real Property Records as RPR 009793, and more particularly described on a plat of survey for "Georgia Soil and

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Water Conservation Commission", dated May 1, 2001, prepared by B.H. Langford Jr., Georgia Registered Land Surveyor #2209, and on file in the offices of the State Properties Commission; and (3) Said real property is under the custody of the Department of Natural Resources by way of Executive Order from the Georgia Soil and Water Conservation Commission on file with the State Properties Commission Real Property Records as RPR 011964; and (4) Terrell County is desirous of acquiring the above-described property for a public purpose use and lease-back an approximately 596 square foot portion of the 5,348 square foot office building, commonly known as the Hooks-Hanner Environmental Resource Center (Building), along with the approximately 4,750 square foot storage warehouse building (Warehouse) located at the rear of the property for a ten-year term with (1) ten-year renewal option for consideration of $10 annually; and (5) By official action dated January 13, 2020, the Department of Natural Resources requested to surplus and convey the property subject to the above-described terms of the lease-back of the Building and Warehouse; and

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

ARTICLE I SECTION 1.

That the State of Georgia is the owner of the above-described property located in Charlton 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 2. 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 Charlton County for the consideration of $10 so long as the property is used for a public purpose in perpetuity; or to a local government or state entity for the consideration of $10 so long as the property is used for a 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 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

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SECTION 4. That the authorization to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 5. That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee in the Superior Court of Charlton County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 6. That the above-described real property shall remain in the custody of the Department of Natural Resources until the property is conveyed.

ARTICLE II SECTION 7.

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

SECTION 8. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease to Easterseals Southern Georgia, Inc., for five years for the consideration of $650 annually and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 9. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease, including the execution of all necessary documents.

SECTION 10. That the authorization to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 11. That the lease shall be recorded by the Georgia Vocational Rehabilitation Agency 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 12. That the above-described real property shall remain in the custody of the Georgia Vocational Rehabilitation Agency during the term of the lease.

ARTICLE III SECTION 13.

That the State of Georgia is the owner of the above-described property located in Fulton County, consisting of approximately 16 acres, and that in all matters relating to the leasing of the property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 14. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease to the Technical College System of Georgia Foundation for up to 50 years for the consideration of $650 annually and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 15. 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 16. That the authorization to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 17. That the lease shall be recorded by the Technical College System of Georgia Foundation in the Superior Court of Fulton County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 18. That the above-described real property shall remain in the custody of the Technical College System of Georgia during the term of the lease.

ARTICLE IV SECTION 19.

That the State of Georgia is the owner of the above-described property located in Fulton County, consisting of approximately 2.303 acres in fee simple and approximately 0.83 of an

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acre of air rights, and that in all matters relating to the conveyance of the real property rights, 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 enter into a purchase option and convey by appropriate instrument to CNN Center Ventures for the sale of the property for the consideration of $18,800,000 and other consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 21. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 22. That the authorization to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 23. That the deed 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 24. That the above-described property shall remain in the State Properties Commission until the property is conveyed.

ARTICLE V SECTION 25.

That the State of Georgia is the owner of the above-described property located in Glynn County, and that in all matters relating to the surplus 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, 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 the consideration of $10 so long as the property is used for a 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.

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SECTION 27. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such surplus.

SECTION 28. That the authorization to surplus the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 29. That the deed or deeds and plat or plats of the surplus shall be recorded by the Grantee in the Superior Court of Glynn County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 30. That the above-described real property shall remain in the custody of the Department of Defense until the property is conveyed.

ARTICLE VI SECTION 31.

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

SECTION 32. That the State of Georgia, acting by and through the State Properties Commission, is authorized to ground lease the above-described property to Calhoun Elks Home, Inc., for ten years with (2) five-year renewal options for the consideration of $1,460 annually and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 33. 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 34. That the authorization to lease the above-described property shall expire three years after the date this resolution becomes effective.

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SECTION 35. That the lease shall be recorded by Calhoun Elks Home, Inc., in the Superior Court of Gordon County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 36. That the above-described real property shall remain in the custody of the Department of Natural Resources until the property is leased.

ARTICLE VII SECTION 37.

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

SECTION 38. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease to Creative Enterprises, Inc., until July 28, 2037, for the consideration of $650 annually and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 39. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease, including the execution of all necessary documents.

SECTION 40. That the authorization to lease the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 41. That the lease shall be recorded by Creative Enterprises, Inc., in the Superior Court of Gwinnett County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 42. That the above-described real property shall remain in the custody of the Department of Juvenile Justice during the term of the lease.

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ARTICLE VIII SECTION 43.

That the State of Georgia is the owner of the above-described property located in Hall County, and that in all matters relating to the exchange of the 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 the State Properties Commission, is authorized to convey by appropriate instrument to Mar-Jac Poultry, Inc., for the consideration of conveyance to the State of Georgia of a like or better property; satisfaction of outstanding bond funds; relocation of current Department of Driver Services Commercial Driver License Carousels; and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 45. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such exchange.

SECTION 46. That the authorization to convey the above-described property by exchange shall expire three years after the date this resolution becomes effective.

SECTION 47. That the exchange 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 48. That the above-described real property shall remain in the custody of the Department of Driver Services until the property is conveyed.

ARTICLE IX SECTION 49.

That the State of Georgia is the owner of the above-described property located in Miller 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 50. 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

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of Colquitt, Georgia, for the consideration of $10 so long as the property is used for a public purpose in perpetuity; or to a local government or state entity for the consideration of $10 so long as the property is used for a public purpose in perpetuity; or to a local government or state entity for fair market value; or by competitive bid for fair market value; and other consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

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

SECTION 53. That the deed or deeds and plat or plats of the conveyance shall be recorded by the City of Colquitt, Georgia, in the Superior Court of Miller County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 54. That the above-described real property shall remain in the custody of the Forestry Commission until the property is conveyed.

ARTICLE X SECTION 55.

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

SECTION 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 Muscogee County and the City of Columbus, respectively, or their successors or assigns for the consideration of $10 and the removal of said restrictions and other consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

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

SECTION 59. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Muscogee County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

ARTICLE XI SECTION 60.

That the State of Georgia is the owner of the above-described property located in Paulding County, containing approximately 0.191 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 61. 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 Paulding County or to a local government or state entity for the consideration of $55,900, being comprised of $38,759 in value for the property being conveyed in fee and temporary easement and $17,141 in value for site improvements, 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 62. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 63. That the authorization to convey the above-described property shall expire three years after the date this resolution becomes effective.

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SECTION 64. That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee in the Superior Court of Paulding County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 65. That the above-described real property shall remain in the custody of the Technical College System of Georgia until the property is conveyed.

ARTICLE XII SECTION 66.

That the State of Georgia is the owner of the above-described property located in Paulding County, containing approximately 59,360 square feet, and that in all matters relating to the leasing of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 67. That the State of Georgia, acting by and through the State Properties Commission, is authorized to lease the above-described property to Wellspring Living, Inc., for a five-year term with (2) five-year renewal options for consideration of $10 annually, the requirement that Wellspring operate the Building exclusively on behalf of the Department of Juvenile Justice's mission as a receiving center, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 68. 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 69. That the authorization to lease the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 70. That the lease shall be recorded by the Wellspring Living, Inc., in the Superior Court of Paulding County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 71. That the above-described real property shall remain in the custody of the Department of Juvenile Justice until the property is leased.

ARTICLE XIII SECTION 72.

That the State of Georgia is the owner of the above-described property located in Rabun County, containing approximately 0.076 of an acre, and that in all matters relating to the conveyance and easement of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 73. 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 Department of Transportation for a total consideration of $6,200 (rounded), being comprised of $4,125 in value for the property being conveyed in fee and $2,025 in value for the taking of asphalt and concrete curb site improvements, 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 74. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 75. That the authorization to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 76. That the deed or deeds and plat or plats 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 77. That the above-described real property shall remain in the custody of the Department of Agriculture until the property is conveyed.

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ARTICLE XIV SECTION 78.

That the State of Georgia is the owner of the above-described property located in Rabun County, containing approximately 0.131 of an acre, and that in all matters relating to the conveyance and easement of the real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 79. 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 Department of Transportation for the consideration of $10,300 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 80. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance and easement.

SECTION 81. That the authorization to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 82. That the deed or deeds and plat or plats 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 83. That the above-described real property shall remain in the custody of the Department of Agriculture of Georgia until the property is conveyed.

ARTICLE XV SECTION 84.

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

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SECTION 85. That the State of Georgia, acting by and through the State Properties Commission, is authorized to ground lease to Masters City Little League, Inc., for a term of ten years with (2) five-year renewal options for the consideration of $1,840 annually and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 86. 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 87. That the authorization to ground lease the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 88. That the ground lease shall be recorded by Masters City Little League, Inc., in the Superior Court of Richmond County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 89. That the above-described real property shall remain in the custody of the Department of Juvenile Justice during the term of the ground lease.

ARTICLE XVI SECTION 90.

That the State of Georgia is the owner of the above-described property located in Terrell 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 91. 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 Terrell County for the consideration of $10 so long as the property is used for a public purpose in perpetuity and subject to the lease-back of an approximately 596 square foot portion of the 5,348 square foot office building, commonly known as the Hooks-Hanner Environmental Resource Center, along with the approximately 4,750 square foot storage warehouse building located at the rear of the property for a ten-year term with (1) ten-year renewal option for the

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consideration of $10 annually, 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 92. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 93. That the authorization to convey the above-described property shall expire three years after the date this resolution becomes effective.

SECTION 94. That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee in the Superior Court of Terrell County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 95. That the above-described real property shall remain in the custody of the Department of Natural Resources until the property is conveyed.

ARTICLE XVII SECTION 96.

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

SECTION 97. That all laws and parts of laws in conflict with this resolution are repealed.

Approved August 5, 2020.

__________

STATE HIGHWAY SYSTEM DEDICATION OF CERTAIN PORTIONS.

No. 603 (House Resolution No. 1163).

A RESOLUTION

Dedicating certain portions of the state highway system; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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PART I WHEREAS, Justice Robert Benham has long been recognized by the citizens of this state for the vital role that he has played in the justice system; and

WHEREAS, Justice Benham earned his bachelor's degree in political science from Tuskegee University in 1967, his Juris Doctorate from the University of Georgia in 1970, and his Master of Law from the University of Virginia in 1989; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Army Reserve, valiantly and courageously protecting his fellow Americans and attaining the rank of captain; and

WHEREAS, in 1989, Justice Benham made history as the first African American appointed to the Georgia Supreme Court in its more than 140 years of existence and, upon his retirement, holds the honorable distinction of being the longest serving member of the court; and

WHEREAS, he served as chief justice from 1995 to 2001, and during his career on the bench, he earned a reputation as a clear thinker and hard worker, as a man whose strong convictions were supported by meticulous research and careful consideration, and as an equitable, impartial leader whose decisions were governed by the rules of honesty and fair play; and

WHEREAS, Justice Benham's leadership and wisdom have been instrumental to numerous organizations, as he was president of the Bartow County Bar Association, a chairperson of the Governor's Commission on Drug Awareness and Prevention, and he is currently a member of the American Judicature Society, the National Criminal Justice Association, and the Georgia Bar Foundation; and

WHEREAS, Justice Benham's service on the Georgia Supreme Court is marked by his vision and unyielding commitment to justice, and 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, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the passing of Mr. Al St. Lawrence on November 24, 2015; and
WHEREAS, Mr. St. Lawrence was born in Dover, New Hampshire, the beloved son of Mary Gagne and John Ovid St. Lawrence; and

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WHEREAS, he enlisted to serve as a guardian of this nation's freedom and liberty with the United States Air Force in 1952 and was stationed at Hunter Air Force Base; and

WHEREAS, Mr. St. Lawrence began his prestigious career in law enforcement in 1959 with the Chatham County Police Department, where he served in the positions of corporal, sergeant, lieutenant, captain, and assistant chief of police before his appointment as chief of police in 1971; and

WHEREAS, after 21 years as Chief of Police for Chatham County, Mr. St. Lawrence was elected as the county sheriff, a position he was reelected to serve in for five additional terms; and

WHEREAS, during his 23 years as sheriff, Mr. St. Lawrence was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and

WHEREAS, his leadership and guidance were recognized with numerous awards and accolades, including the Georgia Association of Chiefs of Police Dr. Curtis McClung/Motorola Award of Excellence, Georgia Sheriffs' Association Distinguished Humanitarian Award, and Sheriff's Leadership Award for 50 years of service; and

WHEREAS, Mr. St. Lawrence played an instrumental role in many organizations, including the Georgia Peace Officer Standards and Training Council, Georgia Sheriffs' Association, National Sheriffs' Association, Georgia Association of Chiefs of Police, Peace Officers' Association of Georgia, Peace Officers' Annuity and Benefit Fund, and the 200 Club of Coastal Georgia; and

WHEREAS, he is the only law enforcement officer in Georgia to be named both Georgia Association of Chiefs of Police Outstanding Chief of the Year and a two-time recipient of Georgia Sheriffs' Association Sheriff of the Year; and

WHEREAS, Mr. St. Lawrence exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, and it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his memory.

PART III WHEREAS, the State of Georgia celebrates the life and service of one of its finest citizens, Mr. James "Jimmy" Allen Petrea; and

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WHEREAS, Mr. Petrea was born in Savannah, Georgia, the beloved son of Thelma Royal and Jessie Lewis Petrea; and

WHEREAS, he enlisted to serve as a guardian of this nation's freedom and liberty with the United States Navy in 1964 and joined the crew of the USS Newport News CA 148 Heavy Cruiser in support of the Operation Sea Dragon and the 1st Marine Division. The mission was naval shore bombardment along the Ho Chi Minh trail as well as the interception and destruction of waterborne craft; and

WHEREAS, after three years of service in Vietnam and earning the rank of Engineman E5 Petty Officer Second Class, he was honorably discharged, returned home to Savannah, and joined the Seaboard Coast Line Railroad as a machinist; and

WHEREAS, he was elected mayor of Thunderbolt in 1981 and was reelected for multiple terms until he resigned on December 31, 2005, after over a quarter-century of service to the town of Thunderbolt and the Coastal Empire; and

WHEREAS, during his 24 years as mayor, Mr. Petrea was highly regarded by the citizens of his community and state and local government officials as a person of unquestioned integrity and dedication to his community; and

WHEREAS, he was active in various veterans and civic organizations including the American Legion posts 184 and 26, VFW Post 4392, the Chatham Veteran's Council, the Lions Club, and Masonic Lodge 693; and

WHEREAS, Thunderbolt experienced significant growth under Mayor Petrea's leadership during which he played a key role in the commercial development of the riverfront and the opening of the current Wilmington River bridge; and

WHEREAS, Mr. Petrea exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, and it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his honor.

PART IV WHEREAS, Mr. Jimmy Burnsed 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 Bryan County and the State of Georgia; and

WHEREAS, Mr. Burnsed has served as a leader of Bryan County both as a public servant and leader of the business community; and

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WHEREAS, he began his career in the banking industry after service with the Coast Guard, learning the trade at Savannah Bank which he saw merge with Georgia Railroad Bank in Augusta and later became First Union Bank; and

WHEREAS, in 1989, he helped organize Bryan Bank and Trust in Richmond Hill, Georgia, and dedicated 30 years to serving and leading the community until his retirement; and

WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service for 12 years as Chairman of the Bryan County Board of Commissioners, six years on the city council for Garden City, and four years as mayor of Garden City; and

WHEREAS, during his tenure of public service to Bryan County, he increased public access to government meetings and services, partnered with local developers to open a public park, and helped achieve a homestead exemption tax for county senior citizens; and

WHEREAS, Mr. Burnsed's legacy of cooperation, foresight, and dedication to the people of Bryan County will be evidenced for generations to come in projects such as the extension of Harris Trail, the Bryan County Administrative Building, and numerous other capital projects; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART V WHEREAS, Mr. Harold Fowler and Mr. Jimmy Burnsed have long been recognized by the citizens of this state for the vital role that they have played in leadership and their deep personal commitment to the welfare of the citizens of Bryan County and the State of Georgia; and

WHEREAS, Mr. Harold Fowler dedicated 18 years to the people of Richmond Hill, Georgia, serving on the city council from 1995 to 2005 and as the city's mayor for two terms beginning with his election in 2009; and

WHEREAS, during Mr. Fowler's tenure as a leader of Richmond Hill, the city annexed several parcels of valuable commercial property to increase the city's tax digest, purchased land for much needed commercial development, and laid the foundation for a new city complex off of Highway 144 with the purchase of over 50 acres; and

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WHEREAS, Mr. Burnsed served as a leader of Bryan County both as a public servant and leader of the business community, serving 12 years as Chairman of the Bryan County Board of Commissioners, six years on the city council for Garden City, and four years as mayor of Garden City; and

WHEREAS, during his tenure of public service to Bryan County, Mr. Burnsed increased public access to government meetings and services, partnered with local developers to open a public park, and helped achieve a homestead exemption tax for county senior citizens; and

WHEREAS, it is abundantly fitting and proper that the cooperation, foresight, and dedication to the people of Bryan County demonstrated by Mr. Fowler and Mr. Burnsed be recognized appropriately by dedicating a bridge in their honor.

PART VI WHEREAS, Mr. Chris Shannon was highly regarded by the citizens of his community and state as a person of unquestioned integrity and dedication to protecting and saving lives and property; and

WHEREAS, Mr. Shannon joined the fire department of the City of Preston in 1976 and was appointed fire chief in 1979; and

WHEREAS, he led the department as chief until 2007, then stayed on with the department as a firefighter until 2011, exhibiting over three decades of extraordinary devotion to duty, outstanding loyalty, and fine leadership; 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 VII WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and

WHEREAS, Mr. James Oscar Hardigree, Jr., demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the well-being of his fellow man; and

WHEREAS, this brave man served as a guardian of this nation's freedom and liberty, attaining the rank of Technician Fifth Grade (T/5) and valiantly protecting the people and ideals of the United States during World War II; and

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WHEREAS, a native of Oconee County, Georgia, T/5 Hardigree made the ultimate sacrifice for this nation after he was mortally wounded during combat in Italy on May 31, 1944; and

WHEREAS, T/5 Hardigree demonstrated selfless service to this nation, and his unyielding commitment was recognized with a Purple Heart; and

WHEREAS, T/5 Hardigree 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 Georgian be recognized appropriately by dedicating a road in his memory.

PART VIII WHEREAS, Sergeant Stanley Thomas Bradley was born on October 15, 1946, in Cartersville, Georgia, the beloved son of Woodrow and Grace Ross Bradley; and

WHEREAS, a graduate of Cartersville High School, Sergeant Bradley attended Southern Technical College, where he earned an associate's degree in civil engineering; and

WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Army and defended this country with honor and distinction, as a member of the 5th Mechanized Infantry Division during the Vietnam War; and

WHEREAS, Sergeant Bradley paid the ultimate sacrifice after he was mortally wounded from mortar fire when his unit was sent in as relief for a United States Marine unit that had come under a large assault by North Vietnamese soldiers; and

WHEREAS, Sergeant Bradley demonstrated selfless service to this nation, and his unyielding commitment to protecting the people and ideals of the United States is an inspiration to others; and

WHEREAS, Sergeant Bradley 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 Georgian be recognized appropriately by dedicating an intersection in his memory.

PART IX WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the passing of Mr. James Edward Giddens on February 11, 1976; and

WHEREAS, Mr. Giddens was born on November 6, 1946, in Nashville, Georgia, the beloved son of Lucille Boyd and William Howard Giddens; and

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WHEREAS, Mr. Giddens began his prestigious career in law enforcement as a Lowndes County deputy sheriff before assuming the role of chief of police for Ray City in 1975; and

WHEREAS, his life was tragically cut short when he lost his life in the line of duty while pulling over the vehicle of a robbery suspect; and

WHEREAS, during his years as chief of police, Mr. Giddens was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and

WHEREAS, Mr. Giddens exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, and it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his memory.

PART X WHEREAS, Mrs. Blondean Newman has long been recognized by the citizens of this state for the vital role that she has played in leadership and her deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, she has diligently and conscientiously devoted innumerable hours of her time, talents, and energy toward the betterment of her community and state as evidenced dramatically by her superlative service with Bryan County; and

WHEREAS, a native of Bryan County, Mrs. Newman served as county tax commissioner for 30 years and after her retirement served as a county commissioner; and

WHEREAS, Mrs. Newman's significant organizational and leadership talents, her remarkable patience and diplomacy, her keen sense of vision, and her sensitivity to the needs of the citizens of this state have earned her the respect and admiration of her colleagues and associates; and

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

WHEREAS, Mrs. Newman served Bryan County with honor and distinction, and her 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 her honor.

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

WHEREAS, she diligently and conscientiously devoted innumerable hours of her time, talents, and energy toward the betterment of her community and state as evidenced dramatically by her nearly 30 years of public service as a Fulton County Commissioner for District 6; and

WHEREAS, Commissioner Darnell's legacy spans three decades of service to Fulton County with her election in 1992 until her passing in 2019; and

WHEREAS, during her tenure with Fulton County, Commissioner Darnell served as a champion of minorities, seniors, and the poor; and

WHEREAS, always passionate and often fiery, Commissioner Darnell played a key role in helping transition the City of Atlanta from an all-white power structure to a predominately black City Hall as a member of Mayor Sam Massell's administration; and

WHEREAS, she was the founding chair of the Woman's Advisory Council of Atlanta City Government, which formed in the summer of 1973 after a special report made the now widely accepted conclusion that discrimination based upon sex and gender does exist; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an interchange in her memory.

PART XII WHEREAS, Scenic Route 9 in Dawson County, Georgia, was once known as Thunder Road and was used by moonshine runners to haul liquor to Atlanta; and

WHEREAS, Dawsonville, Georgia, is known as the "Moonshine Capital of Georgia"; and

WHEREAS, during the Prohibition Era, moonshine was made and sold to buyers in Atlanta and 'trippers' from Dawsonville made a living by hauling moonshine down Highway 9; and

WHEREAS, trippers were known to modify cars to make them faster and out of necessity to outrun enforcement agents known as 'revenuers' who were tasked with enforcing prohibition laws; and

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WHEREAS, driving and engineering skills honed by trippers would eventually evolve into one of America's favorite pastimes, NASCAR; and

WHEREAS, Dawsonville is the hometown for many racing legends, including Lloyd Seay, Gober Sosebee, Raymond Parks, Roy Hall, Bernard Long, and Red Vogt; and

WHEREAS, some of NASCAR's most popular drivers are from Dawsonville, including Bill and Chase Elliott; and

WHEREAS, it is abundantly fitting and proper that a road be dedicated to honor the rich history and tradition of Thunder Road.

PART XIII WHEREAS, Dr. Randy Valimont spent his life committed to teaching the Gospel, witnessing Christ through word and deed, and addressing the physical, psychological, intellectual, and spiritual needs of others; and

WHEREAS, a native of Johnson City, New York, Dr. Valimont graduated from Southeastern University and earned a doctor of religious philosophy degree in 2006 from Logos Graduate School; and

WHEREAS, Dr. Valimont was called by the Lord to lead the congregation of Griffin First Assembly in Griffin, Georgia, in 1993; and

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

WHEREAS, under his direction, ministries of Griffin First Assembly led more than 30,000 souls to dedicate their lives to Jesus Christ and the church grew from 450 to 5,200 Sunday morning worshipers with 243 missionaries and ministries across the globe; and

WHEREAS, Dr. Valimont was instrumental in the success of the church's radio and television ministry, Fresh Touch Media Ministries; and

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

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

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

PART XIV WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Sheriff Van Peavy on January 6, 2015; and

WHEREAS, Sheriff Peavy was interested in law enforcement from the time of his discharge from the United States Army, and he ran for Sheriff in 1984 and took office on January 1, 1985; and

WHEREAS, taking over a department that consisted of the Sheriff, two deputies, four dispatchers who doubled as jailers, and one part-time deputy who doubled as a jailer, Sheriff Peavy grew the department to more than 60 sworn and civilian personnel; and

WHEREAS, Sheriff Peavy was available 24 hours a day, seven days a week, treated every employee like family, had an open door policy for anyone who wished to speak with him, and was always firm but fair and full of wisdom; and

WHEREAS, touching the lives of many, his impact on those around him and those who met him is unsurpassable; 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, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Mr. Asa Charles Daniels, Jr., on April 7, 2014; and

WHEREAS, Mr. Daniels served as a guardian of this nation's freedom and liberty with the United States Maritime Services, valiantly and courageously protecting his fellow Americans; and

WHEREAS, after returning home from the war, he was given the opportunity to purchase Pinehurst Equipment Company, an International Harvester farm implement dealership, which was the world's largest manufacturer of farm equipment; and

WHEREAS, after a lucrative sale of Pinehurst Equipment Company, Mr. Daniels sold life insurance to local residents and became a top-producing life insurance salesman; and

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WHEREAS, Mr. Daniels served as a Dooly County commissioner for 26 years, with eight of those as chairperson; and

WHEREAS, he served his community in various capacities, including Dooly Medical Center Hospital Authority chairperson, Middle Georgia Technical College board member, and Dooly-Crisp Empowerment Zone board member; and

WHEREAS, his leadership and vision were instrumental on the Small Business Council of Georgia for four years under Governor Joe Frank Harris and with the formation of the Dooly County Economic Council; and

WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an interchange in his memory.

PART XVI WHEREAS, Mr. Wallace Lawson Jernigan was born on June 23, 1925, in Jesup, Georgia, and earned a bachelor's degree in civil engineering from the Georgia Institute of Technology, where he was a member of Sigma Phi Epsilon; and

WHEREAS, Mr. Jernigan worked as an engineer and surveyor, county surveyor, and licensed funeral director and maintained an oil agency and apiary business; 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 decades of public service; and

WHEREAS, Mr. Jernigan was elected to the Georgia Senate in 1958, where he served as chairman of the Senate Committee on Educational Matters and earned accolades for promoting legislation developing criteria for teachers' salaries and qualifications; and

WHEREAS, he was elected to the Georgia House of Representatives in 1962 but resigned shortly thereafter to serve as executive secretary to Governor Ernest Vandiver, administering the Governor's policies and coordinating between various state departments; and

WHEREAS, Mr. Jernigan managed a successful congressional campaign for Williamson S. Stuckey in 1966 and went on to serve for six years as his administrative assistant in Washington, D.C., and four years as his district representative in Homerville, Georgia; and

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WHEREAS, upon Congressman Stuckey's retirement, Mr. Jernigan worked for the United States Department of Agriculture, where he specialized in making loans for apartments in rural areas and for water, sewer, and other community facilities for small towns; and

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

PART XVII WHEREAS, Senator Leroy Johnson was a trailblazer, and his life's work demonstrated his deep commitment to uplifting the lives of Georgians; and

WHEREAS, a graduate of Atlanta University, Senator Johnson earned a law degree in North Carolina; and

WHEREAS, Senator Johnson was elected to the Georgia State Senate in 1962 and was the first African American elected to the upper chamber since Reconstruction; and

WHEREAS, during his 12 year tenure with the Senate, Senator Johnson worked quietly to desegregate the Georgia Capitol and is credited with reviving Muhammad Ali's boxing career after he was stripped of his license for refusing to comply with the military draft; and

WHEREAS, he was a true public servant who devoted his life to the betterment of Georgia as an attorney, educator, and elected official; and

WHEREAS, Senator Johnson was recognized with numerous honors and accolades for his many contributions, including a Lifetime Achievement Award from the Georgia State Bar; 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 XVIII WHEREAS, Mr. K.C. Bowen, Jr., 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 Gwinnett County and the State of Georgia; and

WHEREAS, a graduate of Central Gwinnett High School, Mr. Bowen earned a bachelor's degree from the University of Georgia and served as a guardian of this nation's freedom and liberty with the United States Army Reserve for six years; and

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WHEREAS, in 1976, Mr. Bowen was elected District 3 Commissioner for the Gwinnett County Board of Commissioners, representing the western portion of Gwinnett and Snellville area; and

WHEREAS, during his tenure as a commissioner, Mr. Bowen helped pave the way for major utility expansions within the county, was instrumental in the expansion of Briscoe Field, was a founding member of the Council for Quality Growth, and also served as a member of the Small Business Council of the United States; and

WHEREAS, he served on the board of the Gwinnett County Water and Sewer Authority, where he oversaw the creation of the first intake plant for Lake Lanier; and

WHEREAS, Mr. Bowen is a founding member of Children's Shelter for Gwinnett County, which has served as a source of protection for abused and abandoned women and children in Gwinnett County for the past 30 years; and

WHEREAS, after his work in the public sector, Mr. Bowen continued his work to improve Gwinnett County as a developer and builder, with development of industrial, commercial, and residential properties; and

WHEREAS, Mr. Bowen serves as president of W. Paces Investment Group, Inc., which develops properties and operates corporate office buildings; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART XIX WHEREAS, Ms. Betty Ann DiPietro Rapp has long been recognized by the citizens of this state for the vital role she has played in leadership and her deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, a graduate of Saint Vincent's Academy, Ms. Rapp began working for the Georgia Ports Authority in 1967 with the operations division as a clerk-typist; and

WHEREAS, during her illustrious career with the Georgia Ports Authority, Ms. Rapp has held positions as import clerk, import manager, assistant operations administration manager, operations administration manager, and administration manager in multiple departments; and

WHEREAS, Ms. Rapp's significant organizational and leadership talents, her remarkable discipline and honesty, her selfless teamwork, and her work ethic and determination have earned her the respect and admiration of her colleagues and associates; and

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WHEREAS, she 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 contributions of this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in her honor.

PART XX WHEREAS, Mr. Bill Madden 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 Elbert County, Georgia, Mr. Madden graduated from Nancy Hart Memorial School and served as a guardian of this nation's freedom and liberty with the United States National Guard and United States Navy, receiving unit commendation from the United State Naval Air Station for outstanding performance of duty; and

WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service with the Elberton City Council and the Madison County Board of Commissioners; and

WHEREAS, a leader in the local business community, Mr. Madden owned and operated Madden Barber Shop in Elberton, Georgia; Barber Shop and Mini Burger in Bowman, Georgia; and a small restaurant on the square in Danielsville, Georgia; and

WHEREAS, some of his accomplishments on behalf of the people of Madison County include the paving of approximately 300 miles of road, improvement of county fire departments and recreation department, and the construction of a new library, senior center, government complex, and trust joist plant; and

WHEREAS, Mr. Madden's leadership and guidance have been instrumental to numerous organizations, including Managers Association County Commissioners, NERDC, Board of Action, and Governor Zell Miller's Criminal Justice Coordinating Council; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

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PART XXI NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on State Route 113 over I-75 in Bartow County is dedicated as the Justice Robert Benham Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on SR 26/US 80 over Turner Creek in Chatham County is dedicated as the Al St. Lawrence Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the bridge at Wilmington River on State Route 26/U.S. 80 in Chatham County is dedicated as the James "Jimmy" A. Petrea Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the new portion of Belfast Siding Road located at Interstate 95 in Bryan County is dedicated as the Jimmy Burnsed Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the bridge at Belfast Siding Road in Bryan County is dedicated as the Fowler-Burnsed Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 153 from State Route 41 to the Marion County line in Webster County is dedicated as the Chris Shannon Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 15 from mile marker 6 to mile marker 8 in Oconee County is dedicated as the T/5 James Oscar Hardigree, Jr., U.S. Army WWII Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 113 and US 41/State Route 3 in Bartow County is dedicated as the Sgt. Stanley Thomas Bradley Veterans Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 64 from the city limit of Ray City to the Berrien County border is dedicated as the James Edward Giddens Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 280 from the Lanier Community to Black Creek Bridge in Bryan County is dedicated as the Blondean Newman Highway.

BE IT FURTHER RESOLVED AND ENACTED that the interchange at Interstate 85 with Interstate 285 in Fulton County is dedicated as the Emma Darnell Memorial Interchange.

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BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 9 from the Dawson County line to the intersection with Highway 53 in Dawson County is dedicated as Thunder Road.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 92 from 1st Avenue to Henry Jackson Road in Spalding County is dedicated as the Dr. Randy Valimont Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the I-75/SR 27 interchange in Dooly County is dedicated as the Asa Daniels, Jr., Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the interchange at I-75 and Pinehurst-Hawkinsville Road/Exit 117 in Dooly County is dedicated as the Van Peavy Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the bridge over Little Suwannee Creek in Clinch County is dedicated as the Wallace Lawson Jernigan Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 70 from Camp Creek Parkway to Campbellton Road in Fulton County is dedicated as the Leroy Johnson Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the interchange at State Route 316 and Riverside Parkway in Gwinnett County is dedicated as the K.C. Bowen, Jr., Interchange.

BE IT FURTHER RESOLVED AND ENACTED that Directors Drive behind the Annex Buildings at the Garden City Terminal is rededicated as Rapp Way.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 72 from State Route 98 to the Elbert County line in Madison County is dedicated as the Bill Madden Parkway.

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

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 Justice Robert Benham, Mr. James "Jimmy" Allen Petrea, Mr. Jimmy Burnsed, Mr. Harold Fowler, Mrs. Blondean Newman, Mr. K.C. Bowen, Jr., Ms. Betty Ann DiPietro Rapp, and Mr. Bill Madden; and to the families of Mr. Al St. Lawrence,

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Mr. Chris Shannon, Sergeant Stanley Thomas Bradley, Mr. James Edward Giddens, Emma Darnell, Dr. Randy Valimont, Sheriff Van Peavy, Mr. James Oscar Hardigree, Jr., Mr. Asa Charles Daniels, Jr., Mr. Wallace Lawson Jernigan, and Senator Leroy Johnson.

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

PART XXIII That all laws and parts of laws in conflict with this resolution are repealed.

Approved August 5, 2020.

__________

STATE PROPERTY RECOGNIZING SENATOR JACK HILL AND NAMING STATE PARK IN HIS HONOR; GRANT OF NONEXCLUSIVE EASEMENT; CHANGE OF USE.

No. 604 (House Resolution No. 1300).

A RESOLUTION

Recognizing the late Senator Jack Hill and renaming a state park in his honor; authorizing the change of use of certain property located in Glynn County currently dedicated as a heritage preserve; authorizing the granting of a nonexclusive easement for the construction, operation, and maintenance of facilities and an ingress and egress in, on, over, under, upon, across, or through certain state owned real property located in Glynn County; authorizing the change of use of certain property located in Murray County currently dedicated as a heritage preserve; authorizing the granting of a nonexclusive easement for the construction, operation, and maintenance of facilities and an ingress and egress in, on, over, under, upon, across, or through certain state owned real property located in Murray County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

WHEREAS, Senator Jack Hill has long been recognized by the citizens of this state for the vital role that he played in leadership and his deep commitment to the welfare of the citizens of Georgia; and

WHEREAS, a native of Reidsville and graduate of Reidsville High School and Georgia Southern University, Senator Hill was first elected to the Georgia Senate from the 4th District in 1990 and was reelected in 2018 to his 15th two-year term; and

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WHEREAS, during his tenure in the General Assembly, Senator Hill notably served as chairman of the Senate Appropriations Committee and was responsible for leading the state budget through the Senate and ensuring that it was balanced and fair; and

WHEREAS, in addition to his service in the General Assembly, Senator Hill was a retired grocer, served 33 years in the Georgia Air National Guard as a unit commander and as State Inspector General, and retired in 2004 from the United States Air Force Reserve as a Reserve Forces Officer assigned to the Selective Service System; and

WHEREAS, as an active community leader, Senator Hill was also chairman of the Tattnall County Development Authority, a Lion and Rotarian, and headed a local historic preservation project that won a national award; and

WHEREAS, Senator Hill was a selfless champion for the State of Georgia and its timeless natural and historical resources, and he long worked to promote and provide additional funding for state parks throughout the state; and

WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments and contributions of this remarkable and distinguished Georgian be recognized appropriately by naming his hometown state park in his honor; and

WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in Glynn County; and

WHEREAS, the Department of Natural Resources has requested a change of use to the property located in Glynn County dedicated as a heritage preserve at the request of the Department of Transportation, and such request was approved by the Board of Natural Resources on December 5, 2018; and

WHEREAS, the Department of Transportation desires to construct, operate, and maintain facilities and an ingress and egress in, on, over, under, upon, across, or through a portion of said property located in Glynn 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 Murray County; and

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WHEREAS, the Department of Natural Resources has requested a change of use to the property located in Murray County dedicated as a heritage preserve at the request of the Department of Transportation, and such request was approved by the Board of Natural Resources on August 22, 2018; and

WHEREAS, the Department of Transportation desires to construct, operate, and maintain facilities and an ingress and egress in, on, over, under, upon, across, or through a portion of said property located in Murray County; and

WHEREAS, the construction, operation, and maintenance of such facilities and the ingress and egress in, on, over, under, upon, across, or through the above-described state property have been approved by the Board of Natural Resources.

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

PART I SECTION 1-1.

That Gordonia-Alatamaha State Park is renamed as the Jack Hill State Park.

BE IT FURTHER RESOLVED that the Department of Natural Resources is authorized and directed to erect and maintain appropriate signs so naming the Jack Hill State Park.

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 family of Jack Hill and to the Department of Natural Resources.

PART II SECTION 2-1.

That the State of Georgia is the owner of the hereinafter described real property in Glynn County, that the property is in the custody of the Department of Natural Resources, which supports the change to the use of approximately 6.00 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 Glynn County and is more particularly described as follows:
Those approximately 6.00 acres as shown on a right of way map prepared for the Department of Transportation on May 16, 2011, and last revised January 25, 2013, and being on file in the office of the State Properties Commission.

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SECTION 2-2. That the resolution adopted at the December 5, 2018, meeting of the Board of Natural Resources recommended to change the use of the above-described area to allow the grant of an easement to the Department of Transportation for the purpose of widening State Route 25/ US Route 17 and installing a roundabout at the intersection of State Route 25/US Route 17 and State Route 99.

SECTION 2-3. That the widening of State Route 25/US Route 17 and the installation of a roundabout at the intersection of State Route 25/US Route 17 and State Route 99 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 6.00 acres of the heritage preserve dedicated area to allow the grant of an easement to the Department of Transportation for the purpose of widening State Route 25/US Route 17 and installing a roundabout at the intersection of State Route 25/US Route 17 and State Route 99 is approved.

SECTION 2-4. That the Department of Natural Resources shall file with the Secretary of State and the Office of the Clerk of the Superior Court of Glynn County a notice of the removal of the heritage preserve dedication over the above-described area.

SECTION 2-5. That custody of the above-described property shall remain in the Department of Natural Resources.

PART III SECTION 3-1.

That the State of Georgia is the owner of the above-described easement area, that the property is in the custody of its Department of Natural Resources, which does not object to the granting of this nonexclusive easement of approximately 6.00 acres, and that, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 3-2. 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 Department of Transportation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a traffic safety improvement in, on, over, under, upon, across, or through the easement area for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating a traffic

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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 3-3. That the easement area shall be used by the Department of Transportation solely for the purposes of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said traffic safety improvement.

SECTION 3-4. That the Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of said traffic safety improvement.

SECTION 3-5. 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 3-6. 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 3-7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the 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

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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 3-8. 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 3-9. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 3-10. 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 3-11. That this grant of easement shall be recorded by the grantee in the Superior Court of Glynn County, and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 3-12. That the authorization in this resolution to grant the above-described easement to the Department of Transportation shall expire three years after the date that this resolution becomes effective.

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SECTION 3-13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

PART IV SECTION 4-1.

That the State of Georgia is the owner of the hereinafter described real property in Murray County, that the property is in the custody of the Department of Natural Resources, which supports the change to the use of approximately 0.194 of an acre of the heritage preserve dedicated area, and that in all matters related to the change of use, the State of Georgia is acting by and through the Department of Natural Resources. Said area is located in Murray County and is more particularly described as follows:
The approximately 0.194 of an acre as shown on a right of way map prepared for the Department of Transportation on May 16, 2011, and last revised January 25, 2013, and being on file in the office of the State Properties Commission.

SECTION 4-2. That the resolution adopted at the August 22, 2018, meeting of the Board of Natural Resources recommended to change the use of the above-described area to allow the grant of an easement to the Department of Transportation for the purpose of widening State Route 52 ALT.

SECTION 4-3. That the widening of State Route 52 ALT 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 0.194 of an acre of the heritage preserve dedicated area to allow the grant of an easement to the Department of Transportation for the purpose of widening State Route 52 ALT is approved.

SECTION 4-4. That the Department of Natural Resources shall file with the Secretary of State and the Office of the Clerk of the Superior Court of Murray County a notice of the removal of the heritage preserve dedication over the above-described area.

SECTION 4-5. That custody of the above-described property shall remain in the Department of Natural Resources.

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PART V SECTION 5-1.

That the State of Georgia is the owner of the above-described easement area, that the property is in the custody of the Department of Natural Resources, which does not object to the granting of this nonexclusive easement of approximately 0.194 of an acre, and that, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 5-2. 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 Department of Transportation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a traffic safety improvement in, on, over, under, upon, across, or through the easement area for the purposes 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 5-3. That the easement area shall be used by the Department of Transportation solely for the purposes of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said traffic safety improvement.

SECTION 5-4. That the Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said traffic safety improvement.

SECTION 5-5. 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 5-6. 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

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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 5-7. 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 and 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 5-8. 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 5-9. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

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SECTION 5-10. 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 5-11. That this grant of easement shall be recorded by the grantee in the Superior Court of Murray County, and a recorded copy shall promptly be forwarded to the State Properties Commission.

SECTION 5-12. That the authorization in this resolution to grant the above-described easement to the Department of Transportation shall expire three years after the date that this resolution becomes effective.

SECTION 5-13. 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 VI SECTION 6-1.

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

SECTION 6-2. All laws and parts of laws in conflict with this resolution are repealed.

Approved August 5, 2020.

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GEORGIA COMMISSION ON FREIGHT AND LOGISTICS CREATION.

No. 605 (House Resolution No. 935).

A RESOLUTION

Creating the Georgia Commission on Freight and Logistics; and for other purposes.

WHEREAS, the Georgia Commission on Freight and Logistics was established in 2019 with the task of developing a comprehensive, strategic business plan to promote state-wide freight and logistics infrastructure in order for this state to remain economically competitive; and

WHEREAS, throughout 2019, the commission met in locations around the state and identified a need for providing for a system of freight and logistics investment and for creating efficiency and coordination among providers of freight and logistics in order to improve mobility across this state; and

WHEREAS, the commission found that further study is needed to consider unique and specific solutions for trucking, rail, and air cargo, including reducing the driving risks for truck drivers and other motorists, expanding dedicated lanes for moving freight, and reducing traffic impacts in and out of the ports and around key metropolitan areas; and

WHEREAS, continuing the work of this commission is necessary to determine the best course of action with regard to funding and policy development relating to freight and logistics through legislative and budgetary recommendations; and

WHEREAS, subject to availability of funds from the budget of the Senate and the House of Representatives, such study may include a contract for the provision of private consulting and any other services deemed necessary for purposes of addressing the areas identified in this resolution; and

WHEREAS, any professionals retained to assist in analysis or consultation pursuant to this resolution shall be professionals in freight and logistics analysis, with global or national prominence in the following areas:
(1) Experience working with multiple freight and logistics providers; (2) Experience delivering freight and logistics strategy for multijurisdictional or state-wide entities; (3) Strong financial consulting practices that have applicability to multiple funding or financial approaches for freight and logistics; (4) Approaches to promoting economic development; and (5) Demonstrated knowledge and proven experience in strategic development.

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NOW, THEREFORE, BE IT RESOLVED BY THE GEORGIA GENERAL ASSEMBLY: (1) Creation of joint commission. There is created the Georgia Commission on Freight and Logistics. (2) Members and officers. The commission shall consist of the following members, who shall, whenever possible, be the individuals appointed to serve on the 2019 commission: (A) Three members of the Senate appointed by the President of the Senate, including the chairperson of the Senate Transportation Committee; (B) Three members of the House of Representatives appointed by the Speaker of the House of Representatives, including the chairperson of the House Committee on Transportation; (C) Three members appointed by the President of the Senate who represent entities which provide freight and logistics services; possess expertise in the operations of a major airport hub; or lead a major commodity shipper, major air shipping provider, or major manufacturing operation based in this state; (D) Three members appointed by the Speaker of the House of Representatives who represent entities which provide freight and logistics services; possess expertise in the operations of a major airport hub; or lead a major commodity shipper, major air shipping provider, or major manufacturing operation based in this state; (E) Four members who each serve as a local government official, with two appointed by the President of the Senate and two appointed by the Speaker of the House of Representatives; (F) The executive director of the Georgia Municipal Association or his or her designee; (G) The executive director of the Association County Commissioners of Georgia or his or her designee; (H) The president or chairperson of the Georgia Chamber of Commerce; (I) The president or chairperson of the Metro Atlanta Chamber of Commerce; (J) The commissioner of transportation, ex officio; and (K) The executive director of the Georgia Ports Authority, ex officio. The Speaker of the House of Representatives and the President of the Senate shall each select a member to serve as cochairpersons of the commission. (3) Powers and duties. The commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the commission deems necessary or appropriate. (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, expenses, and funding.

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(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. (B) Members of the commission who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the commission, but they may be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. (C) Members of the commission who are not legislators, state officials, or state employees shall receive a daily expense allowance in an amount the same as that specified in subsection (b) of Code Section 45-7-21 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 commission 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 Senate and the House of Representatives; except 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. (6) Report. (A) In the event the commission 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 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. (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 a copy of the minutes of the meetings of the commission in lieu thereof. (7) Abolishment. The commission shall submit the report and proposal required by paragraph (6) not later than December 31, 2020, at which time such proposal shall be published and the commission shall stand abolished.

Approved August 5, 2020.

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REVENUE AND TAXATION STATE GOVERNMENT MOTOR VEHICLES STATE INCOME TAX EXEMPTIONS FOR HURRICANE MICHAEL DISASTER RELIEF PAYMENTS AND CERTAIN SALES OF TRANSPORTATION; EXCISE TAX ON CERTAIN SALES OF TRANSPORTATION; EXCEPTIONS FROM DISCLOSURE; DISBURSEMENT OF CERTAIN FEES.
No. 606 (House Bill No. 105).
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to exempt from state income tax certain income received by taxpayers as payments from a federal disaster relief or assistance grant program administered by this state or its instrumentalities or the United States Department of Agriculture in connection with Hurricane Michael; to exempt from all sales and use taxes certain sales of transportation that are subject to an excise tax; to provide for a new excise tax on certain sales of transportation; to provide for the intended disposition of the proceeds of such tax; to provide for reporting of certain information; to provide for legislative intent; to provide for definitions, procedures, and conditions; to provide for a penalty; to provide for automatic repeal; to provide for quarterly reporting; to provide for authority to establish rules and regulations; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required under open records requirements, so as to exempt certain reports from public disclosure; to amend Article 7 of Chapter 2 of Title 40 and Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes and excise tax on rooms, lodgings, and accommodations, respectively, so as to provide for the disbursement of certain fees; 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.
Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in subsection (a) of Code Section 48-7-27, relating to the computation of taxable net income, by adding a new paragraph to read as follows:

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"(11.2) For taxable years beginning on or after January 1, 2019, and ending on or before December 31, 2023, income received as payments from a federal disaster relief or assistance grant program administered by this state or its instrumentalities or the United States Department of Agriculture, if such federal grant program was established specifically to address agricultural losses suffered due to Hurricane Michael which was a weather event declared to be a major disaster in this state by the President of the United States during the 2018 calendar year, to the extent such income is included in federal adjusted gross income or federal taxable income;"

PART II SECTION 2-1.

Said title is further amended in Code Section 48-8-3, relating to exemptions from state sales and use tax, by revising paragraph (25) as follows:
"(25) Transportation that is subject to the tax imposed by Article 8 of Chapter 13 of this title;"

SECTION 2-2. Said title is further amended by adding a new article to Chapter 13, relating to specific, business, and occupation taxes, to read as follows:

"ARTICLE 8

48-13-140. As used in this article, the term:
(1) 'For-hire ground transport service provider' means a limousine carrier, ride share network service, taxi service, and transportation referral service as such terms are defined in Code Section 40-1-190. (2) 'For-hire ground transport trip' means any request for a journey by passenger vehicle as such term is defined in Code Section 40-8-76.1 provided by a for-hire ground transport service provider for which an individual is charged a fee, whether such journey was completed or not. (3) 'Shared for-hire ground transport trip' means any for-hire ground transport trip in which an individual has been matched with another individual by a for-hire ground transport service provider for purposes of such journey. (4) 'Transit' means regular, continuing shared-ride or shared-use surface transportation services that are made available by or funded by a public entity or quasi-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 state agency or authority, a local government, a community improvement district, or any other similar entity of this state and all accompanying

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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 intrafacility or terminal services; limousine carriers; and ride share network services, transportation referral services, and taxi services as such terms are defined in Chapter 1 of Title 40 and which are not paid for by a public entity. (5) 'Transit projects' means a capital project to establish, enhance, maintain, or improve transit. (6) 'Transit provider' means the Department of Transportation, the Atlanta-region Transit Link 'ATL' Authority, or a system providing transit or a jurisdiction operating such a system that receives federal transit formula funding.

48-13-141. (a) On and after April 1, 2020, an excise tax in the amount of 50 shall be levied upon any for-hire ground transport trip and 25 upon any shared for-hire ground transport trip. Such excise tax shall be collected and remitted by the for-hire ground transport service provider itself and not the vehicle driver. Such excise tax shall be administered, collected, and due and payable in the same manner as would otherwise be required by the tax imposed under Article 1 of Chapter 8 of this title. (b) The department shall annually adjust the amount of the excise tax levied pursuant to subsection (a) of this Code section to reflect the effect of annual inflation or deflation for the cost of living that consumers in this state experienced on average during the immediately preceding calendar year in accordance with rules and regulations. Such rules and regulations may use for this purpose the Consumer Price Index for All Urban Consumers rate published by the Bureau of Labor Statistics of the United States Department of Labor or any other similar index established by the federal government, if the department determines that such federal index reflects the effect of inflation and deflation for the cost of living that consumers in this state experienced on average during the preceding calendar year. (c) It is the intention of the General Assembly, subject to appropriations, that the proceeds of the tax levied pursuant to subsection (a) of this Code section shall be appropriated to a transit provider to be used exclusively for transit projects. (d) If the amount collected under this Code section is ever not appropriated for a fiscal year as provided by subsection (c) of this Code section, as determined jointly by the House Budget and Research Office and the Senate Budget and Evaluation Office, then the amount levied shall be reduced by 50 percent. Upon the conclusion of a second fiscal year in which the amount collected is not so appropriated, this Code section shall stand repealed and reserved, and such fees shall cease to be levied on the date the appropriations Act for such fiscal year becomes effective. Such budget offices shall certify any such lack of appropriations to the Code Revision Commission for purposes of updating the Code in accordance with this subsection.

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48-13-142. Any for-hire ground transport service provider that knowingly and willfully violates the requirements of this article shall be assessed a civil penalty of not more than $10,000.00 in addition to the amount of tax due.

48-13-143. Each for-hire ground transport service provider shall submit a quarterly report that identifies the number of for-hire ground transport trips provided by county of origin and destination to the department, the Atlanta-region Transit Link 'ATL' Authority, and the Department of Transportation. All such reports shall be treated as confidential and shall not be subject to Article 4 of Chapter 18 of Title 50, relating to open records.

48-13-144. The department is authorized to adopt rules and regulations necessary for the enforcement and implementation of the provisions of this article."

SECTION 2-3. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required under open records requirements, is amended by revising paragraphs (49) and (50) of and adding a new paragraph to subsection (a) to read as follows:
"(49) Data, records, or information acquired by the Commissioner of Labor or the Department of Labor as part of any investigation required pursuant to Code Section 39-2-18, relating to minors employed as actors or performers; (50) Held by the Georgia Superior Court Clerks' Cooperative Authority or any other public or private entity for and on behalf of a clerk of superior court; provided, however, that such records may be obtained from a clerk of superior court unless otherwise exempted from disclosure; or (51) Reports submitted to the Department of Revenue, the Atlanta-region Transit Link 'ATL' Authority, or the Department of Transportation by a for-hire ground transport service provider as required pursuant to Code Section 48-13-143."

PART III SECTION 3-1.

Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, is amended by revising Code Section 40-2-151.1, relating to highway impact fees for heavy vehicles and use of funds, as follows:

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"40-2-151.1. (a) As used in this Code section, the term:
(1) 'Transportation purposes' means activities incident to providing and maintaining an adequate system of public roads and bridges in this state and for grants to counties for road construction and maintenance. (2) 'Transit' means regular, continuing shared-ride or shared-use surface transportation services that are made available by or funded by a public entity or quasi-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 state agency or authority, a local government, a community improvement district, or any other similar 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 intrafacility or terminal services; limousine carriers; and ride share network services, transportation referral services, and taxi services as such terms are defined in Chapter 1 of Title 40 and which are not paid for by a public entity. (3) 'Transit projects' means and includes purposes to establish, enhance, operate, and maintain, or improve access to transit, including the issuance of grants for the provision of transit, the issuance of general obligation debt and other multiyear obligations to finance such projects, the financing of operations and maintenance of such projects once constructed, and the contracted purchase of transit from providers without direct capital investment. (b) In conjunction with the payment of fees for the licensing of the operation of vehicles pursuant to Code Section 40-2-151, certain heavy vehicles registered in Georgia shall pay a highway impact fee. The annual fees shall be as follows for each such vehicle registered:
(1) 15,500 lbs. up to 26,000 lbs. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50.00
(2) Greater than 26,001 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00
(c) It is the intention of the General Assembly, subject to appropriations, that the fees collected pursuant to subsection (b) of this Code section shall be made available and used exclusively for transportation purposes in this state with up to 10 percent of the fees collected to be appropriated for transit projects. (d) If the amount collected under this Code section is ever not appropriated for a fiscal year as provided by subsection (c) of this Code section, as determined jointly by the House Budget and Research Office and the Senate Budget and Evaluation Office, then the amount collected shall be reduced by 50 percent. Upon the conclusion of a second fiscal year in which an amount is not so appropriated, this Code section shall stand repealed and reserved, and such fees shall cease to be collected, on the date the appropriations Act for such fiscal year becomes effective. Such budget offices shall certify any such lack of appropriation to the Code Revision Commission for purposes of updating the Code in accordance with this subsection."

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SECTION 3-2. 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 Code Section 48-13-50.3, relating to additional tax imposed by innkeepers, forms for reporting, use of funds from additional taxes, and provisions for termination, as follows:
"48-13-50.3. (a) As used in this Code section, the term:
(1) 'Extended stay rental' means providing for value to the public a hotel or motel room for longer than 30 consecutive days to the same customer. (2) 'Innkeeper' means any person who is subject to taxation under this article for the furnishing for value to the public a hotel or motel room. (3) 'Transportation purposes' means activities incident to providing and maintaining an adequate system of public roads and bridges in this state and for grants to counties for road construction and maintenance. (4) 'Transit' means regular, continuing shared-ride or shared-use surface transportation services that are made available by or funded by a public entity or quasi-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 state agency or authority, a local government, a community improvement district, or any other similar 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 intrafacility or terminal services; limousine carriers; and ride share network services, transportation referral services, and taxi services as such terms are defined in Chapter 1 of Title 40 and which are not paid for by a public entity. (5) 'Transit projects' means and includes purposes to establish, enhance, operate, and maintain, or improve access to transit, including the issuance of grants for the provision of transit, the issuance of general obligation debt and other multiyear obligations to finance such projects, the financing of operations and maintenance of such projects once constructed, and the contracted purchase of transit from providers without direct capital investment. (b) On or after July 1, 2015, each innkeeper in this state shall charge a $5.00 per night fee to the customer, unless it is an extended stay rental, for each calendar day a hotel or motel room is rented or leased. The innkeeper shall collect the fee at the time the customer pays for the rental or lease of such hotel or motel room. The innkeeper collecting the fee shall remit the fee on a monthly basis to the department. (c) The commissioner shall promulgate and make available forms for the use of innkeepers to assist in compliance with this Code section. The commissioner shall promulgate rules and regulations as necessary to implement and administer the provisions of this Code section.

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(d) It is the intention of the General Assembly, subject to appropriations, that the fees collected pursuant to subsection (b) of this Code section shall be made available and used exclusively for transportation purposes in this state with up to 10 percent of the fees collected to be appropriated for transit projects. (e) If the amount collected under this Code section is ever not appropriated for a fiscal year as provided by subsection (d) of this Code section, as determined jointly by the House Budget and Research Office and the Senate Budget and Evaluation Office, then the amount collected shall be reduced by 50 percent. Upon the conclusion of a second fiscal year in which the amount collected is not so appropriated, this Code section shall stand repealed and reserved, and such fees shall cease to be collected, on the date the appropriations Act for such fiscal year becomes effective. Such budget offices shall certify any such lack of appropriation to the Code Revision Commission for purposes of updating the Code in accordance with this subsection."

PART IV SECTION 4-1.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that Part 2 of this Act shall become effective on April 1, 2020, and shall apply to sales of transportation on or after April 1, 2020.

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

Approved August 5, 2020.

__________

PROFESSIONS AND BUSINESSES AUTHORIZE LICENSE BY ENDORSEMENT FOR MILITARY SPOUSES WHO ARE LICENSED TO PRACTICE CERTAIN PROFESSIONS AND OCCUPATIONS.

No. 607 (House Bill No. 914).

AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for military spouses licensed in other states to practice certain professions and occupations to obtain a license by endorsement to practice in this state; to provide for definitions; to provide for requirements; to provide for statutory construction; to

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GENERAL ACTS AND RESOLUTIONS, VOL. I

provide for conforming amendments; 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 Code Section 43-1-34, relating to military spouses and veterans licensure, as follows:
"43-1-34. (a) As used in this Code section, the term:
(1) 'License' means a document, permit, certificate of registration, or other authorization issued by or on behalf of a professional licensing board or other board that is required under this title for a person to engage in a profession, business, or trade. (2) 'Military' means the United States armed forces, including the National Guard. (3) 'Other board' means a board created pursuant to this title that is not a professional licensing board. (4) 'Service member' means an active or reserve member of the armed forces, including the National Guard. (5) 'Transitioning service member' means a member of the military on active duty status or on separation leave who is within 24 months of retirement or 12 months of separation. (b) No later than July 1, 2017, each professional licensing board and other board shall adopt rules and regulations implementing a process by which transitioning service members may qualify for temporary licenses, licenses by endorsement, expedited licenses, or a combination thereof for each profession, business, or trade for which a license is issued. Such process may include the issuance of a license to an applicant based upon such applicant: (1) Holding a license from another state for which the training, experience, and testing substantially meet or exceed the requirements under this state to obtain a license; and (2) Obtaining a specialty, certification, training, or experience in the military while a service member which substantially meets or exceeds the requirements to obtain a license in this state. (c) Any professional licensing board or other board created after June 30, 2016, shall adopt within one year of its creation the rules and regulations required by subsection (b) of this Code section."

SECTION 2. Said title is amended by adding a new Code section to read as follows:
"43-1-34.1. (a) As used in this Code section, the term:
(1) 'License' shall have the same meaning as provided in Code Section 43-1-34.

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(2) 'Military' shall have the same meaning as provided in Code Section 43-1-34. (3) 'Other board' shall have the same meaning as provided in Code Section 43-1-34. (4) 'Service member' shall have the same meaning as provided in Code Section 43-1-34. (5) 'State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (6) 'Transitioning service member' shall have the same meaning as provided in Code Section 43-1-34. (b) Notwithstanding any other provisions of law, a professional licensing board or other board shall issue an expedited license by endorsement to any individual that: (1) Is a spouse of a service member or transitioning service member stationed within this state; (2) Holds a current license to practice such occupation or profession issued by another state for which the training, experience, and testing are substantially similar in qualifications and scope to the requirements under this state to obtain a license; (3) Is in good standing in such other state; and (4) Passes any examination that may only be required to demonstrate knowledge of the laws and rules and regulations of this state specific to the practice of the profession, business, or trade for which such expedited license by endorsement is being sought. (c) Nothing contained in this Code section shall be construed to invalidate, override, or amend any licensing compact entered into by the State of Georgia."

SECTION 3. Said title is further amended by revising subsection (g) of Code Section 43-10-8, relating to certificate of registration required for barbers and cosmetologists, as follows:
"(g)(1) Notwithstanding any other provisions of this chapter, any current or discharged member of the military may apply to the board for the immediate issuance of a certificate of registration issued pursuant to this chapter, provided that such individual holds a license or certification from another state for which the training, experience, and testing substantially meet or exceed the requirements in this state to obtain the certificate of registration for which such individual is applying. (2) As used in this subsection, the term:
(A) 'Discharge' means an honorable discharge or a general discharge from active military service. The term 'discharge' shall not mean a discharge under other than honorable conditions, a bad conduct discharge, or a dishonorable discharge. (B) 'Military' means any regular or reserve component of the United States armed forces, the Georgia Army National Guard, or the Georgia Air National Guard."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 4. Said title is further amended by revising Code Section 43-14-16, relating to limited reciprocal licensing of military spouses as Electrical Contractors Class I, Journeyman Plumbers, Conditioned Air Contractors Class I, or Utility Foremen, as follows:
"43-14-16. Reserved."

SECTION 5. Said title is further amended by revising Code Section 43-41-19, relating to reciprocal professional licensing of military spouses as residential and general contractors, as follows:
"43-41-19. Reserved."

SECTION 6. Said title is further amended by revising subsection (a) of Code Section 43-50-42, relating to issuance and renewal of temporary license by State Board of Veterinary Medicine, as follows:
"(a) Pursuant to Code Section 43-1-34, the board may issue a temporary license to transitioning service members."

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

Approved August 5, 2020.

__________

LOCAL GOVERNMENT METHODOLOGY FOR ABOLISHING COUNTY POLICE DEPARTMENTS.

No. 608 (Senate Bill No. 38).

AN ACT

To amend Chapter 8 of Title 36 of the Official Code of Georgia Annotated, relating to county police, so as to provide a method for the abolition of a county police department and returning the law enforcement functions of such department to the sheriff of the county; to provide for related matters; to provide a sunset date; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Chapter 8 of Title 36 of the Official Code of Georgia Annotated, relating to county police, is amended by revising Code Section 36-8-6, which was previously reserved, as follows:
"36-8-6. (a) After a county police department is created pursuant to this chapter, it may be abolished by:
(1) A local Act of the General Assembly; or (2) A resolution of the governing authority of the county. (b) A local Act or resolution of the county governing authority to abolish a county police department pursuant to subsection (a) of this Code section shall be conditioned upon approval of such local Act or resolution of the county governing authority by the electors of the county voting in a referendum. (c) If such local Act or resolution of the county governing authority is approved by the electors of the county, the county police department shall be abolished 180 days following such referendum. At such time, all property, equipment, records, documents, funds, and other items in the possession or control of the county police department shall be transferred to the sheriff of the county. (d) This Act shall be repealed by operation of law on January 1, 2022."

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 August 5, 2020.

RESOLUTIONS OF THE
GENERAL ASSEMBLY OF THE
STATE OF GEORGIA PROPOSING AMENDMENTS
TO THE CONSTITUTION
OF THE STATE OF GEORGIA

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WAIVER OF SOVEREIGN IMMUNITY REGARDING CERTAIN ACTS OF PUBLIC OFFICERS AND EMPLOYEES THAT VIOLATE LAWS OR CONSTITUTIONAL PROVISIONS.

No. 596 (House Resolution No. 1023).

A RESOLUTION

Proposing an amendment to the Constitution so as to waive sovereign immunity and allow petitions to the superior court for relief from certain acts of this state or certain local governments or officers or employees thereof that violate the laws of this state, the Constitution of Georgia, or the Constitution of the United States; 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 I, Section II of the Constitution is amended by revising Paragraph V as follows:
"Paragraph V. What acts void. (a) Legislative acts in violation of this Constitution or the Constitution of the United States are void, and the judiciary shall so declare them.
(b)(1) Sovereign immunity is hereby waived for actions in the superior court seeking declaratory relief from acts of the state or any agency, authority, branch, board, bureau, commission, department, office, or public corporation of this state or officer or employee thereof or any county, consolidated government, or municipality of this state or officer or employee thereof outside the scope of lawful authority or in violation of the laws or the Constitution of this state or the Constitution of the United States. Sovereign immunity is further waived so that a court awarding declaratory relief pursuant to this Paragraph may, only after awarding declaratory relief, enjoin such acts to enforce its judgment. Such waiver of sovereign immunity under this Paragraph shall apply to past, current, and prospective acts which occur on or after January 1, 2021.
(2) Actions filed pursuant to this Paragraph against this state or any agency, authority, branch, board, bureau, commission, department, office, or public corporation of this state or officer or employee thereof shall be brought exclusively against the state and in the name of the State of Georgia. Actions filed pursuant to this Paragraph against any county, consolidated government, or municipality of the state or officer or employee thereof shall be brought exclusively against such county, consolidated government, or municipality and in the name of such county, consolidated government, or municipality. Actions filed pursuant to this Paragraph naming as a defendant any individual, officer, or entity other than as expressly authorized under this Paragraph shall be dismissed.

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PROPOSED CONSTITUTIONAL AMENDMENTS

(3) Unless otherwise provided herein, this Paragraph shall not affect the power or duty of a court to dismiss any action or deny relief based on any other appropriate legal or equitable ground or other limitation on judicial review, including, but not limited to, administrative exhaustion requirements, ante litem notice requirements, sanctions for frivolous petitions, standing, statutes of limitation and repose, and venue. The General Assembly by an Act may limit the power or duty of a court under this Paragraph to dismiss any action or deny relief.
(4) No damages, attorney's fees, or costs of litigation shall be awarded in an action filed pursuant to this Paragraph, unless specifically authorized by Act of the General Assembly.
(5) This Paragraph shall not limit the power of the General Assembly to further waive the immunity provided in Article I, Section II, Paragraph IX and Article IX, Section II, Paragraph IX. This Paragraph shall not constitute a waiver of any immunity provided to this state or any agency, authority, branch, board, bureau, commission, department, office, or public corporation of this state or officer or employee thereof or any county, consolidated government, or municipality of this state or officer or employee thereof by the Constitution of the United States."

SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended to waive sovereign immunity ( ) NO and allow the people of Georgia to petition the superior court for relief from
governmental acts done outside the scope of lawful authority or which violate the laws of this state, the Constitution of Georgia, or the Constitution of the United States?"
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 August 5, 2020.

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DEDICATION OF REVENUES.

No. 597 (House Resolution No. 164).

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the creation or renewal and dedication of revenues derived from fees or taxes to the public purpose for which such fees or taxes were intended; to provide for procedures, conditions, and limitations; to provide for the redesignation of current subparagraphs of the Constitution; 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 redesignating the second subparagraph (o), relating to the dedication of the excise tax on the sale of fireworks, as subparagraph (p), by redesignating subparagraph (p), relating to the Georgia Outdoor Stewardship Fund, as subparagraph (q), and by adding a new subparagraph to read as follows:
"(r)(1) Subject to the limitations in this subparagraph, the General Assembly may provide by general law for the creation or renewal and dedication of revenues, in whole or in part, derived from fees or taxes to the public purpose for which such fees or taxes were intended; provided that the general law dedicating such fee or tax shall reference this provision of the Constitution, provide the specific public purpose for which the revenue derived from such fee or tax shall be used, identify the agency to administer such revenue, require annual reporting of the revenues and expenses by such agency, and include an automatic expiration of such fee or tax within a period not to exceed ten years. Any such general law may also be authorized to offset, in whole or in part, the costs to the state of implementing and administering such dedication of revenue.
(2) The General Assembly shall not be authorized to dedicate state revenues pursuant to this subparagraph when the total revenues dedicated hereunder, including any nonlapsed funds, are equal to or exceed one percent of the total state revenues based on the previous fiscal year's state revenues subject to appropriation.
(3) Any general law enacted pursuant to this subparagraph shall not be subject to the limitations of Article III, Section IX, Paragraph IV(c), relating to the lapsing of funds; Article III, Section IX, Paragraph VI(a), relating to allocation of proceeds; or Article VII, Section III, Paragraph II(a), relating to payment into the general fund of the state treasury.
(4) Any general law enacted creating or renewing and dedicating revenues shall not become effective unless approved by two-thirds of the members elected to each chamber

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of the General Assembly in a roll-call vote; provided, however, that such a general law may be repealed by a majority vote of the members elected to each chamber of the General Assembly in a roll-call vote. Except in the case of a financial emergency as provided in paragraph (5) of this subparagraph, no amendment to any general law enacted pursuant to this subparagraph shall become effective unless approved by two-thirds of the members elected to each chamber of the General Assembly in a roll-call vote.
(5) No revenues which are dedicated by a general law enacted pursuant to this subparagraph shall be subject to any further dedication, any rededication to another purpose, or any alteration whatsoever through the general appropriations Act, or any amendment thereto, or any supplementary appropriations Act, or any amendment thereto, and any such further dedication, rededication to another purpose, or alteration shall be void and of no force and effect. If in the case of a financial emergency the Governor or General Assembly intends to suspend the dedication of revenues enacted pursuant to this subparagraph, the Governor or the General Assembly shall do so only in strict compliance with the following procedures.
(A) In the event the Governor declares a financial emergency in the state, where such financial emergency shall be deemed to exist only if the revenue collection in the most recently completed fiscal year decreased by three percent or more below the revenue estimate for such fiscal year or the state experiences three consecutive months of declining revenues during the current fiscal year, the Governor by executive order may temporarily suspend the dedication of any revenues enacted pursuant to this subparagraph, in whole or in part, and shall appropriate such revenues to maintain the fiscal integrity of the state. Such executive order and associated suspension and appropriation of dedicated revenues shall remain in effect until the fifth day of the session of the General Assembly immediately following the execution of such executive order. Any previously dedicated revenues which remain unspent as of the fifth day of such session, may be appropriated in a supplemental appropriations Act for that same fiscal year. The Governor shall not exercise this executive privilege more than three times during any ten consecutive fiscal-year period or if the General Assembly has acted pursuant to subparagraph (5)(B).
(B) In the event the Governor declares a financial emergency in the state as provided in subparagraph (5)(A) or where a majority vote of the members elected to each chamber of the General Assembly in a roll-call vote approves a joint resolution finding a financial emergency, which shall be deemed to exist only if the revenue collection in the most recently completed fiscal year decreased by three percent or more below the revenue estimate for such fiscal year or the state experiences three consecutive months of declining revenues during the current fiscal year, the General Assembly may temporarily suspend the dedication of revenues enacted pursuant to this subparagraph, in whole or part, and may appropriate such unspent revenues to maintain the fiscal integrity of the state. Such joint resolution shall not be effective for more than two

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consecutive fiscal years and may be adopted not more than three times in any ten consecutive fiscal-year period. (6) No revenues which are dedicated pursuant to any other provision of this Constitution by a general law enacted pursuant to any other provision of this Constitution shall be subject to any further dedication, any rededication to another purpose, or any alteration whatsoever unless specifically authorized pursuant to such other provision of the Constitution, and in the absence of such specific authorization, any such further dedication, rededication to another purpose, or alteration shall be void and of no force and effect."

SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to authorize the General ( ) NO Assembly to dedicate revenues derived from fees or taxes to the public
purpose for which such fees or taxes were intended?"
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 August 5, 2020.

Locations