Acts and resolutions of the first session of the 156th General Assembly of the State of Georgia 2021: volume one

ACTS AND RESOLUTIONS OF THE
FIRST SESSION OF THE 156TH
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2021
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume One

COMPILER'S NOTE
General Acts and Resolutions of the 2021 Regular Session of the General Assembly of Georgia will be found in Volume One beginning at page 1. The Supplementary Appropriations Act for FY 2020-2021 and the Appropriations Act for FY 2021-2022 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, 2020, and May 1, 2021, are printed in Volume Two beginning at pages 4305 and 4311, respectively. There are no numbered pages between page 941, 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.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 2021
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Supplementary Appropriations Act for FY 2020-2021. . . . . . . . . . . . . . . . . . Appendix General Appropriations Act for FY 2021-2022.. . . . . . . . . . . . . . . . . . . . . . . Appendix
VOLUME TWO
Acts and Resolutions of Local Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3501 County and Consolidated Government Home Rule Actions. . . . . . . . . . . . . . . . . . 4305 Municipal Home Rule Actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4311
VOLUME THREE
Acts by Numbers-Page References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A Bills and Resolutions-Act Number References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A Index-Tabular.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8A Index-General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23A Population of Georgia Counties-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . 66A Population of Georgia Counties-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70A Population of Cities-Alphabetically.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75A Population of Cities-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83A Population of Judicial Circuits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91A Georgia Senate Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . . 96A Georgia Senators, Numerically by District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98A Georgia House Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 101A Georgia Representatives, Numerically by District.. . . . . . . . . . . . . . . . . . . . . . . . . 103A Status of Referendum Elections.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111A Governor's Proclamations and Vetoes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365A Historical List of General Assemblies of the State of Georgia. . . . . . . . . . . . . . . . 375A Legislative Services Committee and Staff.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 376A

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REVENUE AND TAXATION REVISE TERMS; INCORPORATE CERTAIN PROVISIONS OF INTERNAL REVENUE CODE.
No. 3 (House Bill No. 265).
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising paragraph (14) of Code Section 48-1-2, relating to definitions regarding revenue and taxation, as follows:
"(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning on or after January 1, 2020, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2021, except that Section 108(i), Section 163(e)(5)(F), Section 168(b)(3)(I), Section 168(e)(3)(B)(vii), Section 168(e)(3)(E)(ix), Section 168(e)(8), Section 168(k), Section 168(m), Section 168(n), Section 179(d)(1)(B)(ii), Section 179(f), Section 199, Section 381(c)(20), Section 382(d)(3), Section 810(b)(4), Section 1400L, Section 1400N(d)(1), Section 1400N(f), Section 1400N(j), Section 1400N(k), and Section 1400N(o) of the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect, and except that Section 168(e)(7), Section 172(b)(1)(F), and Section 172(i)(1) of the Internal Revenue Code of 1986, as amended, shall be treated as they were in effect before the 2008 enactment of federal Public Law 110-343, and except that Section 163(i)(1) of the Internal Revenue Code of 1986, as amended, shall be treated as it was in effect before the 2009 enactment of federal Public Law 111-5, and except that Section 13(e)(4) of 2009 federal Public Law 111-92 shall be treated as if it was not in effect, and except that Section 118, Section 163(j), and Section 382(k)(1) of the Internal Revenue Code of 1986, as amended, shall be treated as they were in effect before the 2017 enactment of federal Public Law 115-97, and except that 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

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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 January 1, 2021, 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, 2020, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2021, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and shall be applicable to all taxable years beginning on or after January 1, 2020.

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

Approved February 24, 2021.

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REVENUE AND TAXATION REVISE TAX CREDIT FOR ADOPTION OF FOSTER CHILDREN.

No. 5 (House Bill No. 114).

AN ACT

To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions from state income taxes, so as to revise the tax credit for adoption of foster children; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions from state income taxes, is amended by revising Code Section 48-7-29.15, relating to tax credit for adoption of a foster child, as follows:
"48-7-29.15. (a) As used in this Code section, the term 'qualified foster child' means a foster child who is less than 18 years of age and who is in a foster home or otherwise in the foster care system under the Division of Family and Children Services of the Department of Human Services. (b) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-7-20 for the adoption of a qualified foster child. The amount of such credit shall be $6,000.00 per qualified foster child per taxable year commencing with the year in which the adoption becomes final for five taxable years and $2,000.00 per taxable year thereafter; provided, however, that such credit shall end in the year in which the adopted child attains the age of 18. (c) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall not be allowed to be carried forward to apply to the taxpayer's succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (d) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer this Code section."

SECTION 2. This Act shall become effective on July 1, 2021, and shall be applicable to adoptions occurring in all taxable years beginning on or after January 1, 2021.

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

Approved March 22, 2021.

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REVENUE AND TAXATION INCOME TAXES; INCREASE STANDARD DEDUCTION.

No. 6 (House Bill No. 593).

AN ACT

To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions from state income tax, so as to increase the amount of the standard deduction from state taxable income for individuals; to provide for a short title; 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. This Act shall be known and may be cited as the "Tax Relief Act of 2021."

SECTION 2. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions from state income tax, is amended in Code Section 48-7-27, relating to computation of state taxable net income, by revising paragraph (1) of subsection (a) as follows:
"(1) Either the sum of all itemized nonbusiness deductions used in computing such taxpayer's federal taxable income or, if the taxpayer could not or did not itemize nonbusiness deductions, then a standard deduction as provided for in the following subparagraphs:
(A) In the case of a single taxpayer or a head of household, $5,400.00; (B) In the case of a married taxpayer filing a separate return, $3,550.00; (C) In the case of a married couple filing a joint return, $7,100.00; (D) An additional deduction of $1,300.00 for the taxpayer if the taxpayer has attained the age of 65 before the close of the taxpayer's taxable year. An additional deduction of $1,300.00 for the spouse of the taxpayer shall be allowed if a joint return is made by

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the taxpayer and the taxpayer's spouse and the spouse has attained the age of 65 before the close of the taxable year; and (E) An additional deduction of $1,300.00 for the taxpayer if the taxpayer is blind at the close of the taxable year. An additional deduction of $1,300.00 for the spouse of the taxpayer shall be allowed if a joint return is made by the taxpayer and the taxpayer's spouse and the spouse is blind at the close of the taxable year. For the purposes of this subparagraph, the determination of whether the taxpayer or the spouse is blind shall be made at the close of the taxable year except that, if either the taxpayer or the spouse dies during the taxable year, the determination shall be made as of the time of the death;"

SECTION 3. This Act shall become effective on July 1, 2021, and shall be applicable to all taxable years beginning on or after January 1, 2022.

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

Approved March 22, 2021.

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COURTS COLUMBIA JUDICIAL CIRCUIT; CREATION.

No. 7 (Senate Bill No. 9).

AN ACT

To create a new judicial circuit for the State of Georgia, to be known as the Columbia Judicial Circuit and to be composed of Columbia County; to provide for the judges and the district attorney of said new circuit and their terms, selection, and compensation; to transfer certain judges from the Augusta Judicial Circuit to the Columbia Judicial Circuit; to provide for the transfer of certain funds from the Augusta Judicial Circuit to the Columbia Judicial Circuit; to provide for and allocate circuit-wide costs and expenditures; to conform the county salary supplements for the judges of the Augusta Judicial Circuit; to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding the superior courts, so as to revise the composition and terms of court of the Augusta Judicial Circuit; to provide for the composition, terms of court, and number of judges of the Columbia Judicial Circuit; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Effective July 1, 2021, there is created a new judicial circuit of the superior courts of this state to be known as the Columbia Judicial Circuit, which circuit shall be composed of Columbia County. There shall be a district attorney and three judges of the Columbia Judicial Circuit. The offices of the judges and district attorney of the Columbia Judicial Circuit shall be subject to the following provisions:
(1) The district attorney of the Columbia Judicial Circuit shall be appointed by the Governor for a term beginning July 1, 2021, and expiring December 31, 2022. A successor to the district attorney so appointed shall be elected by the voters of the Columbia Judicial Circuit at the 2022 general election, and at the general election quadrennially thereafter, for a term of four years. A candidate for appointment or election to this office in 2021 or thereafter shall be a resident of Columbia County; (2) The Honorable James G. Blanchard, Jr., the Honorable Sheryl B. Jolly, and the Honorable J. Wade Padgett, currently judges of the Augusta Judicial Circuit and residents of Columbia County, shall become judges of the Columbia Judicial Circuit. Each judge, respectively, shall serve out their current term of office for which he or she was selected, and his or her successor shall be elected by the voters of the Columbia Judicial Circuit at the nonpartisan judicial election next preceding the expiration of their term of office, and at the nonpartisan judicial election quadrennially thereafter, for a term of four years. A candidate for election to these offices shall be a resident of Columbia County; and (3) The active judge who is senior in time of service shall serve as chief judge of the Columbia Judicial Circuit.

SECTION 1-2. All proceedings and litigations, civil, equitable, and criminal, pending in the Superior Court of Columbia County at such time as it was a part of the Augusta Judicial Circuit, including all complaints, pleadings, petitions, indictments, special presentments, summonses, processes, motions, writs, and mesne and final proceedings, together with all books and records of any kind or character belonging to or issued, returnable, filed, pending, or commenced in such county, shall relate to, become a part of, and be transferred to the Columbia Judicial Circuit and its jurisdiction.

SECTION 1-3. In addition to the salary and expenses paid from state funds, and notwithstanding any other provision of law, each judge of the superior court of the Columbia Judicial Circuit shall receive from the funds of Columbia County an additional supplement to such salary and expenses in an amount equal to the aggregate total of additional supplements to the salary

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and expenses of the judges of the Augusta Judicial Circuit then in effect and paid by the counties of the Augusta Judicial Circuit on January 1, 2021.

SECTION 1-4. In addition to the salary and expenses paid from state funds, the district attorney of the Columbia Judicial Circuit shall receive from the funds of Columbia County an additional supplement to such salary and expenses equal to the aggregate total of additional supplements to the salary and expenses of the district attorney of the Augusta Judicial Circuit then in effect and paid by the counties of the Augusta Judicial Circuit on January 1, 2021.

SECTION 1-5. The governing authority of Columbia County shall be authorized, but not required, to authorize the employment of assistant district attorneys, deputy district attorneys, or other attorneys, investigators, paraprofessionals, clerical assistants, victim and witness assistance personnel, and other employees or independent contractors, as authorized under Code Section 15-18-20 of the Official Code of Georgia Annotated.

SECTION 1-6. (a) Effective with the creation of the Columbia Judicial Circuit, the Augusta Judicial Circuit shall transfer to the Columbia Judicial Circuit the sum equal to 25 percent of the amount it holds as of January 1, 2021, for costs collected pursuant to Code Section 15-23-7 of the Official Code of Georgia Annotated for court connected or court referred alternative dispute resolution programs. (b) Effective with the creation of the Columbia Judicial Circuit, the district attorney of the Augusta Judicial Circuit shall pay over to the district attorney of the Columbia Judicial Circuit the sum equal to the amount he or she holds as of January 1, 2021, that was secured pursuant to condemnation or forfeiture actions from criminal cases that originated from a violation of law in Columbia County.

SECTION 1-7. All staffing for all judicial circuits referenced herein shall be governed pursuant to Code Section 15-18-28.

PART II SECTION 2-1.

Effective with the creation of the Columbia Judicial Circuit, the judges of the Augusta Judicial Circuit shall be composed of the five remaining judges of the Augusta Judicial Circuit, namely, the Honorable Carl C. Brown, Jr., the Honorable Daniel J. Craig, the Honorable John Flythe, the Honorable Ashley Wright, and the successor to the Honorable Michael N. Annis, and their successors. Each judge shall serve out their current term of

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office for which he or she was selected, and his or her successor shall be elected by the voters of the Augusta Judicial Circuit at the nonpartisan judicial election next preceding the expiration of their term of office, and at the nonpartisan judicial election quadrennially thereafter, for a term of four years. A candidate for election to these offices shall be a resident of Richmond County or Burke County.

SECTION 2-1A. Effective upon the creation of the Columbia Judicial Circuit, the district attorney of the Augusta Judicial Circuit shall be the Honorable Jared T. Williams and his successors. Mr. Williams shall serve out his current term of office for which he was elected, and his successor shall be elected by the voters of the Augusta Judicial Circuit at the general election next preceding the expiration of his term of office, and at the general election quadrennially thereafter, for a term of four years. A candidate for election to this office shall be a resident of Richmond County or Burke County.

SECTION 2-2. (a) Except as provided for under Sections 2-3 and 2-4 of this Act:
(1) Ninety percent of the circuit-wide costs and expenditures of the Augusta Judicial Circuit shall be paid by Richmond County; and (2) Ten percent of the circuit-wide costs and expenditures of the Augusta Judicial Circuit shall be paid by Burke County. (b) The percentages provided for under subsection (a) of this section may be revised by an agreement in writing executed between the governing authority of Richmond County and the governing authority of Burke County.

SECTION 2-3. (a) In addition to the salary and expenses paid from state funds, and notwithstanding any other provision of law, each judge of the superior court of the Augusta Judicial Circuit shall receive from the funds of Richmond County and Burke County additional supplements in proportions provided for under subsection (b) of this section.
(b)(1) Richmond County shall pay an additional supplement equal to: (A) The amount of the additional supplement to the salary and expenses of the judges of the Augusta Judicial Circuit then in effect and paid by Richmond County on January 1, 2021; and (B) Eighty percent of the additional supplement to the salary and expenses of the judges of the Augusta Judicial Circuit then in effect and paid by Columbia County on January 1, 2021.
(2) Burke County shall pay an additional supplement equal to: (A) The amount of the additional supplement to the salary and expenses of the judges of the Augusta Judicial Circuit then in effect and paid by Burke County on January 1, 2021; and

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(B) Twenty percent of the additional supplement to the salary and expenses of the judges of the Augusta Judicial Circuit then in effect and paid by Columbia County on January 1, 2021.

SECTION 2-4. (a) In addition to the salary and expenses paid from state funds, the district attorney of the Augusta Judicial Circuit shall receive from the funds of Richmond County and Burke County an additional supplement in proportions provided for under subsection (b) of this section.
(b)(1) Richmond County shall pay an additional supplement equal to: (A) The amount of the additional supplement to the salary and expenses of the district attorney of the Augusta Judicial Circuit then in effect and paid by Richmond County on January 1, 2021; and (B) Eighty percent of the additional supplement to the salary and expenses of the district attorney of the Augusta Judicial Circuit then in effect and paid by Columbia County on January 1, 2021.
(2) Burke County shall pay an additional supplement equal to: (A) The amount of the additional supplement to the salary and expenses of the district attorney of the Augusta Judicial Circuit then in effect and paid by Burke County on January 1, 2021; and (B) Twenty percent of the additional supplement to the salary and expenses of the district attorney of the Augusta Judicial Circuit then in effect and paid by Columbia County on January 1, 2021.

PART III SECTION 3-1.

Senior or retired judges of the Augusta Judicial Circuit who, as of June 30, 2021, receive a retirement supplement or have been paid a retirement supplement from Columbia County, Richmond County, and Burke County shall continue to receive such supplements from such counties in the same amounts and in the same ratios as such supplements are paid as of June 30, 2021.

SECTION 3-2. Any judge of the Augusta Judicial Circuit who is in active service as of July 1, 2021, or who shall be appointed or elected as a judge of the Augusta Judicial Circuit on or after July 1, 2021, shall, upon his or her retirement from active service and eligibility for retirement payments under a State of Georgia retirement system, receive a retirement supplement from the county or counties that comprise the Augusta Judicial Circuit as of the date such judge discontinues active service. Such retirement supplement shall be in an amount equal to the percentage that his or her State of Georgia retirement payments are to his or her last salary from the State of Georgia as an active judge of the Augusta Judicial

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Circuit, multiplied by the aggregate county salary supplement then paid to active judges as of the date of such judge's retirement from active service.

SECTION 3-3. Any judge of the Columbia Judicial Circuit who is in active service as of July 1, 2021, or who shall be appointed or elected as a judge of the Columbia Judicial Circuit after July 1, 2021, shall, upon his or her retirement from active service and eligibility for retirement payments under a State of Georgia retirement system, receive a retirement supplement from the county or counties that comprise the Columbia Judicial Circuit as of the date such judge discontinues active service. Such retirement supplement shall be in an amount equal to the percentage that his or her State of Georgia retirement payments are to his or her last salary from the State of Georgia as an active judge of the Columbia Judicial Circuit, multiplied by the aggregate county salary supplement then paid to active judges as of the date of such judge's retirement from active service.

SECTION 3-4. Any retirement supplements due under this part by a judicial circuit made up of more than one county shall be paid in the same proportions as those counties divide the payment of salary supplements to active judges of that judicial circuit.

PART IV SECTION 4-1.

Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding superior courts, is amended by revising paragraph (5) of, and adding a new paragraph to, Code Section 15-6-1, relating to composition of judicial circuits, as follows:
"(5) Augusta Judicial Circuit, composed of the Counties of Burke and Richmond;" "(11.1) Columbia Judicial Circuit, composed of the County of Columbia;"

SECTION 4-2. Said article is further amended by revising paragraph (5) of, and adding a new paragraph to, Code Section 15-6-2, relating to number of superior court judges, to read as follows:
"(5) Augusta Circuit.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5"
"(11.1) Columbia Circuit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3"

SECTION 4-3. Said article is further amended by revising paragraph (5) of, and adding a new paragraph to, Code Section 15-6-3, relating to terms of court, as follows:

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"(5) Augusta Circuit: (A) Burke County -- Fourth Monday in April and October.
(B) Richmond County -- Third Monday in January, March, May, July, September, and November." "(11.1) Columbia Circuit: Columbia County -- Fourth Monday in March and September."

PART V SECTION 5-1.

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

Approved March 25, 2021.

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MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS ADDITIONAL POWERS AND DUTIES OF DIRECTOR OF EMERGENCY MANAGEMENT AND HOMELAND SECURITY REGARDING CYBER ATTACKS; EDUCATION AND JOB PLACEMENT.

No. 8 (House Bill No. 156).

AN ACT

To amend Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, so as to provide for additional powers and duties related to homeland security and the military; to facilitate the sharing of information and reporting of cyber attacks; to require governmental agencies and utilities to report any cyber attacks to the director of emergency management and homeland security; to provide for definitions; to provide for the director to promulgate certain rules and regulations; to provide for certain reports and records related to cyber attacks to be exempt from public disclosure and inspection; to authorize the Governor to work to enhance the education and job placement of Georgians through memoranda of agreement with major military commands established in this state; to provide for conditions and limitations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, is amended by adding two new Code sections to read as follows:
"38-3-22.2. (a) As used in this Code section, the term:
(1) 'Agency' means: (A) The executive, judicial, or legislative branch of this state and any department, agency, board, bureau, office, commission, public corporation, and authority thereof; (B) Every county, municipal corporation, school district, or other political subdivision of this state; (C) Every department, agency, board, bureau, office, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of this state; and (D) Every city, county, regional, or other authority established pursuant to the laws of this state.
Such term shall not include any county, municipal corporation, or public corporation or any authority of a county, municipal corporation, or public corporation when such county, municipal corporation, public corporation, or authority is acting in the capacity of a provider of wholesale or retail electric or gas service or in the capacity of a conduit through which a municipal corporation furnishes electric or gas service. (2) 'Utility' means any publicly, privately, or cooperatively owned line, facility, or system for producing, transmitting, or distributing power, electricity, light, heat, or gas. (b)(1) Except as provided in paragraph (2) of this subsection, every agency shall report to the director of emergency management and homeland security, or his or her designee, any cyber attack incident, data breach, or identified use of malware on an agency or computer or network determined by the director to be the type of cyber attack, data breach, or use of malware to create a life-safety event, substantially impact the security of data and information systems, or affect critical systems, equipment, or service delivery. (2) The reporting requirements of paragraph (1) of this Code section shall be satisfied if:
(A) The cyber attack incident, data breach, or identified use of malware upon an agency is of a nature required to be reported to the United States government or any agency thereof or the agency elects to report such cyber attack incident, data breach, or identified use of malware to the United States government or any agency thereof; and (B) Within two hours of making such report to the United States government or any agency thereof, the agency provides substantially the same information to the director of emergency management and homeland security or his or her designee. (3) The director of emergency management and homeland security shall, subject to approval by the Governor, promulgate rules and regulations specifying the reporting mechanism for making a report under paragraphs (1) and (2) of this subsection and the

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required information and time frame for making a report under paragraph (1) of this subsection. (c) Every utility shall report to the director of emergency management and homeland security, or his or her designee, any cyber attack incident, data breach, or identified use of malware on a utility computer or network as such information is required to be reported to the United States government or any agency thereof. Within two hours of making such report to the United States government or any agency thereof, the utility shall provide substantially the same information to the director of emergency management and homeland security or his or her designee; provided, however, if such information is prohibited under any federal law, rule, or regulation from being disseminated, the utility shall provide such information upon the expiration or lifting of such prohibition. (d) Any reports or records produced pursuant to this Code section shall not be subject to public inspection or disclosure under Article 4 of Chapter 18 of Title 50. (e) Nothing in this Code section shall relieve any agency or utility of any duty that may exist under law to notify any person impacted by a cyber attack incident, data breach, or identified use of malware, including, but not limited to, any notice required under Article 34 of Chapter 1 of Title 10.

38-3-22.3. If the Governor makes a determination that a memorandum of agreement with one or more of the major military commands established in this state would substantially enhance the education or job placement of Georgians in the area of science, technology, engineering, math, or cyber security, he or she is authorized to enter into such an agreement, provided that any state expenditures provided for in such an agreement shall be subject to appropriations."

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 March 25, 2021.

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ELECTIONS LOCAL GOVERNMENT STATE GOVERNMENT ELECTION INTEGRITY ACT OF 2021; REVISE CERTAIN LAWS RELATED TO ELECTIONS.

No. 9 (Senate Bill No. 202).

AN ACT

To comprehensively revise elections and voting; to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to revise a definition; to provide for the establishment of a voter intimidation and illegal election activities hotline; to limit the ability of the State Election Board and the Secretary of State to enter into certain consent agreements, settlements, and consent orders; to provide that the Secretary of State shall be a nonvoting ex officio member of the State Election Board; to provide for the appointment, confirmation, term, and removal of the chairperson of the State Election Board; to revise provisions relating to a quorum of such board; to require the Secretary of State to support and assist the State Election Board; to provide for the appointment of temporary and permanent replacement superintendents; to provide for procedures; to provide for performance reviews of local election officials requested by the State Election Board or local governing authorities; to provide for a definition; to provide for appointment and duties of performance review boards; to provide for reports of performance review boards; to provide for promulgation of rules and regulations; to provide additional requirements on the State Election Board's power to adopt emergency rules and regulations; to provide that no election superintendents or boards of registrars shall accept private funding; to provide that the State Election Board shall develop methods for distribution of donations; to provide that certain persons may serve as poll workers in other than the county of their residence; to provide for the appointment of acting election superintendents in the event of a vacancy or incapacitation in the office of judge of the probate court of counties without a board of elections; to provide for resumption of the duties of election superintendent upon the filling of such vacancy; to provide for the compensation of such acting election superintendents; to provide for the reduction in size of certain precincts under certain circumstances; to provide for notice when polling places are relocated; to provide for certain reports; to provide limitations on the use of buses and other moveable facilities; to provide that the name and designation of the precinct appears on every ballot; to provide for allocation of voting equipment by counties and municipalities; to provide for the manner of handling the death of a candidate prior to a nonpartisan election; to provide that no candidate shall take or be sworn into any elected public office unless such candidate has received a majority of the votes cast for such office except as otherwise provided by law; to provide for participation in a multistate voter registration system; to revise procedures and standards for challenging electors; to provide for the printing of ballots on safety paper; to provide for the time and manner for applying for absentee ballots; to provide for certain limitations and

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sanctions on the distribution of absentee ballot applications; to provide for the manner of processing of absentee ballot applications; to provide for absentee ballot drop boxes and the requirements therefor; to provide for the time and manner of issuing absentee ballots; to provide for the manner of voting and returning absentee ballots; to revise the times for advance voting; to limit changes to advance voting locations in the period prior to an election; to provide notice requirements for changes of advance voting locations; to provide for the processing and tabulation of absentee ballots; to provide sanctions for improperly opening an absentee ballot; to provide for certain elector identification for absentee balloting; to provide for monitors and observers; to provide for poll watcher training; to provide for restrictions on the distribution of certain items within close proximity to the polls on election days; to provide for the voting and processing of provisional ballots; to provide for duplication panels for defective ballots that cannot be processed by tabulating machines; to provide for ranked choice voting for military and overseas voters; to revise the time for runoffs; to revise eligibility to vote in runoffs; to provide for the deadline for election certification; to provide for a pilot program for the scanning and publishing of ballots; to provide for the inspection and copying of original ballots by certain persons following the completion of a recount; to provide for special primaries and special elections to fill vacancies in certain offices; to provide for public notice and observation of preparation of voting equipment; to provide for observation of elections and ballot processing and counting; to provide for the filling of vacancies in certain offices; to prohibit observing or attempting to observe how a voter marks or has marked his or her ballot or inducing a voter to do so; to prohibit the acceptance of a ballot for return without authorization; to prohibit the photographing or other recording of ballots and ballot markers; to amend Chapter 35 of Title 36 of the Official Code of Georgia Annotated, relating to home rule powers, so as to provide for the delay of reapportionment of municipal corporation election districts when census numbers are delayed; to amend Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding state government, so as to provide for the submission and suspension of emergency rules by the State Election Board; to provide that scanned ballot images are public records; to provide for legislative findings; to provide a short title; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Election Integrity Act of 2021."

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SECTION 2. The General Assembly finds and declares that:
(1) Following the 2018 and 2020 elections, there was a significant lack of confidence in Georgia election systems, with many electors concerned about allegations of rampant voter suppression and many electors concerned about allegations of rampant voter fraud; (2) Many Georgia election processes were challenged in court, including the subjective signature-matching requirements, by Georgians on all sides of the political spectrum before and after the 2020 general election; (3) The stress of the 2020 elections, with a dramatic increase in absentee-by-mail ballots and pandemic restrictions, demonstrated where there were opportunities to update existing processes to reduce the burden on election officials and boost voter confidence; (4) The changes made in this legislation in 2021 are designed to address the lack of elector confidence in the election system on all sides of the political spectrum, to reduce the burden on election officials, and to streamline the process of conducting elections in Georgia by promoting uniformity in voting. Several examples will help explain how these goals are achieved; (5) The broad discretion allowed to local officials for advance voting dates and hours led to significant variations across the state in total number of hours of advance voting, depending on the county. More than 100 counties have never offered voting on Sunday and many counties offered only a single day of weekend voting. Requiring two Saturday voting days and two optional Sunday voting days will dramatically increase the total voting hours for voters across the State of Georgia, and all electors in Georgia will have access to multiple opportunities to vote in person on the weekend for the first time; (6) Some counties in 2020 received significant infusions of grant funding for election operations, while other counties received no such funds. Promoting uniformity in the distribution of funds to election operations will boost voter confidence and ensure that there is no political advantage conferred by preferring certain counties over others in the distribution of funds; (7) Elections in Georgia are administered by counties, but that can lead to problems for voters in counties with dysfunctional election systems. Counties with long-term problems of lines, problems with processing of absentee ballots, and other challenges in administration need accountability, but state officials are limited in what they are able to do to address those problems. Ensuring there is a mechanism to address local election problems will promote voter confidence and meet the goal of uniformity; (8) Elections are a public process and public participation is encouraged by all involved, but the enthusiasm of some outside groups in sending multiple absentee ballot applications in 2020, often with incorrectly filled-in voter information, led to significant confusion by electors. Clarifying the rules regarding absentee ballot applications will build elector confidence while not sacrificing the opportunities for electors to participate in the process; (9) The lengthy absentee ballot process also led to elector confusion, including electors who were told they had already voted when they arrived to vote in person. Creating a

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definite period of absentee voting will assist electors in understanding the election process while also ensuring that opportunities to vote are not diminished, especially when many absentee ballots issued in the last few days before the election were not successfully voted or were returned late; (10) Opportunities for delivering absentee ballots to a drop box were first created by the State Election Board as a pandemic response. The drop boxes created by rule no longer existed in Georgia law when the emergency rules that created them expired. The General Assembly considered a variety of options and constructed a system that allows the use of drop boxes, while also ensuring the security of the system and providing options in emergency situations; (11) The lengthy nine-week runoffs in 2020 were exhausting for candidates, donors, and electors. By adding ranked choice voting for military and overseas voters, the run-off period can be shortened to a more manageable period for all involved, easing the burden on election officials and on electors; (12) Counting absentee ballots in 2020 took an incredibly long time in some counties. Creating processes for early processing and scanning of absentee ballots will promote elector confidence by ensuring that results are reported quickly; (13) The sanctity of the precinct was also brought into sharp focus in 2020, with many groups approaching electors while they waited in line. Protecting electors from improper interference, political pressure, or intimidation while waiting in line to vote is of paramount importance to protecting the election system and ensuring elector confidence; (14) Ballot duplication for provisional ballots and other purposes places a heavy burden on election officials. The number of duplicated ballots has continued to rise dramatically from 2016 through 2020. Reducing the number of duplicated ballots will significantly reduce the burden on election officials and creating bipartisan panels to conduct duplication will promote elector confidence; (15) Electors voting out of precinct add to the burden on election officials and lines for other electors because of the length of time it takes to process a provisional ballot in a precinct. Electors should be directed to the correct precinct on election day to ensure that they are able to vote in all elections for which they are eligible; (16) In considering the changes in 2021, the General Assembly heard hours of testimony from electors, election officials, and attorneys involved in voting. The General Assembly made significant modifications through the legislative process as it weighed the various interests involved, including adding further weekend voting, changing parameters for out-of-precinct voting, and adding transparency for ballot images; and (17) While each of the changes in this legislation in 2021 stands alone and is severable under Code Section 1-1-3, the changes in total reflect the General Assembly's considered judgment on the changes required to Georgia's election system to make it "easy to vote and hard to cheat," applying the lessons learned from conducting an election in the 2020 pandemic.

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SECTION 3. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by revising paragraph (35) of Code Section 21-2-2, relating to definitions, as follows:
"(35) 'Superintendent' means: (A) Either the judge of the probate court of a county or the county board of elections, the county board of elections and registration, the joint city-county board of elections, or the joint city-county board of elections and registration, if a county has such; (B) In the case of a municipal primary, the municipal executive committee of the political party holding the primary within a municipality or its agent or, if none, the county executive committee of the political party or its agent; (C) In the case of a nonpartisan municipal primary, the person appointed by the proper municipal executive committee; (D) In the case of a municipal election, the person appointed by the governing authority pursuant to the authority granted in Code Section 21-2-70; and (E) In the case of the State Election Board exercising its powers under subsection (f) of Code Section 21-2-33.1, the individual appointed by the State Election Board to exercise the power of election superintendent."

SECTION 4. Said chapter is further amended by revising Code Section 21-2-3, which was previously reserved, as follows:
"21-2-3. The Attorney General shall have the authority to establish and maintain a telephone hotline for the use of electors of this state to file complaints and allegations of voter intimidation and illegal election activities. Such hotline shall, in addition to complaints and reports from identified persons, also accept anonymous tips regarding voter intimidation and election fraud. The Attorney General shall have the authority to review each complaint or allegation of voter intimidation or illegal election activities within three business days or as expeditiously as possible and determine if such complaint or report should be investigated or prosecuted. "

SECTION 5. Said chapter is further amended by revising Code Section 21-2-30 relating to creation, composition, terms of service, vacancies, quorum, seal, bylaws, and meetings of the State Board of Elections as follows:
"21-2-30. (a) There is created a state board to be known as the State Election Board, to be composed of a chairperson elected by the General Assembly, an elector to be elected by a majority vote of the Senate of the General Assembly at its regular session held in each odd-numbered year, an elector to be elected by a majority vote of the House of

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Representatives of the General Assembly at its regular session held in each odd-numbered year, and a member of each political party to be nominated and appointed in the manner provided in this Code section. No person while a member of the General Assembly shall serve as a member of the board.
(a.1)(1) The chairperson shall be elected by the General Assembly in the following manner: A joint resolution which shall fix a definite time for the nomination and election of the chairperson may be introduced in either branch of the General Assembly. Upon passage of the resolution by a majority vote of the membership of the Senate and House of Representatives, it shall be the duty of the Speaker of the House of Representatives to call for the nomination and election of the chairperson at the time specified in the resolution, at which time the name of the qualified person receiving a majority vote of the membership of the House of Representatives shall be transmitted to the Senate for confirmation. Upon the qualified person's receiving a majority vote of the membership of the Senate, he or she shall be declared the duly elected chairperson; and the Governor shall be notified of his or her election by the Secretary of the Senate. The Governor is directed to administer the oath of office to the chairperson and to furnish the chairperson with a properly executed commission of office certifying his or her election. (2) The chairperson of the board shall be nonpartisan. At no time during his or her service as chairperson shall the chairperson actively participate in a political party organization or in the campaign of a candidate for public office, nor shall he or she make any campaign contributions to a candidate for public office. Furthermore, to qualify for appointment as chairperson, in the two years immediately preceding his or her appointment, a person shall not have qualified as a partisan candidate for public office, participated in a political party organization or the campaign of a partisan candidate for public office, or made any campaign contributions to a partisan candidate for public office. (3) The term of office of the chairperson shall continue until a successor is elected as provided in paragraph (1) of this subsection. In the event of a vacancy in the position of chairperson at a time when the General Assembly is not in session, it shall be the duty of the Governor and the Governor is empowered and directed to appoint a chairperson possessing the qualifications as provided in this subsection who shall serve as chairperson until the next regular session of the General Assembly, at which time the nomination and election of a chairperson shall be held by the General Assembly as provided in paragraph (1) of this subsection. (b) A member elected by a house of the General Assembly shall take office on the day following the adjournment of the regular session in which elected and shall serve for a term qof two years and until his or her successor is elected and qualified, unless sooner removed. An elected member of the board may be removed at any time by a majority vote of the house which elected him or her. In the event a vacancy should occur in the office of such a member of the board at a time when the General Assembly is not in session, then the President of the Senate shall thereupon appoint an elector to fill the vacancy if the prior

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incumbent of such office was elected by the Senate or appointed by the President of the Senate; and the Speaker of the House of Representatives shall thereupon appoint an elector to fill the vacancy if the prior incumbent of such office was elected by the House of Representatives or appointed by the Speaker of the House of Representatives. A member appointed to fill a vacancy may be removed at any time by a majority vote of the house whose presiding officer appointed him or her. (c) Within 30 days after April 3, 1968, the state executive committee of each political party shall nominate a member of its party to serve as a member of the State Election Board and, thereupon, the Governor shall appoint such nominee as a member of the board to serve for a term of two years from the date of the appointment and until his or her successor is elected and qualified, unless sooner removed. Thereafter, such state executive committee shall select a nominee for such office on the board within 30 days after a vacancy occurs in such office and shall also select a nominee at least 30 days prior to the expiration of the term of each incumbent nominated by it; and each such nominee shall be immediately appointed by the Governor as a member of the board to serve for the unexpired term in the case of a vacancy, and for a term of two years in the case of an expired term. Each successor, other than one appointed to serve an unexpired term, shall serve for a term of two years; and the terms shall run consecutively from the date of the initial gubernatorial appointment. No person shall be eligible for nomination by such state executive committee unless he or she is an elector and a member in good standing of the political party of the committee. Such a member shall cease to serve on the board and his or her office shall be abolished if and when his or her political organization shall cease to be a 'political party' as defined in Code Section 21-2-2. (d) The Secretary of State shall be an ex officio nonvoting member of the board. Three voting members of the board shall constitute a quorum, and no vacancy on the board shall impair the right of the quorum to exercise all the powers and perform all the duties of the board. The board shall adopt a seal for its use and bylaws for its own government and procedure. (e) Meetings shall be held whenever necessary for the performance of the duties of the board on call of the chairperson or whenever any two of its members so request. Minutes shall be kept of all meetings of the board and a record kept of the vote of each member on all questions coming before the board. The chairperson shall give to each member of the board prior notice of the time and place of each meeting of the board. (f) If any member of the board, other than the Secretary of State, shall qualify as a candidate for any public office which is to be voted upon in any primary or election regulated by the board, that member's position on the board shall be immediately vacated and such vacancy shall be filled in the manner provided for filling other vacancies on the board."

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SECTION 6. Said chapter is further amended in Code Section 21-2-33.1, relating to enforcement of chapter, by adding new subsections to read as follows:
"(f) After following the procedures set forth in Code Section 21-2-33.2, the State Election Board may suspend county or municipal superintendents and appoint an individual to serve as the temporary superintendent in a jurisdiction. Such individual shall exercise all the powers and duties of a superintendent as provided by law, including the authority to make all personnel decisions related to any employees of the jurisdiction who assist with carrying out the duties of the superintendent, including, but not limited to, the director of elections, the election supervisor, and all poll officers. (g) At no time shall the State Election Board suspend more than four county or municipal superintendents pursuant to subsection (f) of this Code section. (h) The Secretary of State shall, upon the request of the State Election Board, provide any and all necessary support and assistance that the State Election Board, in its sole discretion, determines is necessary to enforce this chapter or to carry out or conduct any of its duties."

SECTION 7. Such chapter is further amended in Subpart 1 of Part 1 of Article 2, relating to the State Election Board, by adding a new Code section to read as follows:
"21-2-33.2. (a) The governing authority of a county or municipality, as applicable, following a recommendation based on an investigation by a performance review board pursuant to Code Section 21-2-106 may petition the State Election Board, through the Secretary of State, for extraordinary relief pursuant to this Code section. In addition, the State Election Board, on its own motion or following a recommendation based on an investigation by a performance review board pursuant to Part 5 of this article, may pursue the extraordinary relief provided in this Code section. (b) Upon receiving a petition or taking appropriate action pursuant to subsection (a) of this Code section, the State Election Board shall conduct a preliminary investigation to determine if sufficient cause exists to proceed to a full hearing on the petition. Such preliminary investigation shall be followed by a preliminary hearing which shall take place not less than 30 days nor more than 90 days after the Secretary of State receives the petition. Service of the petition shall be made by hand delivery or by statutory overnight delivery to the Secretary of State's office. At such preliminary hearing, the State Election Board shall determine if sufficient cause exists to proceed to a full hearing on the petition or if the petition should be dismissed. The State Election Board shall promulgate rules and regulations for conducting such preliminary investigation and preliminary hearing. (c) Following the preliminary hearing described in subsection (b) of this Code section, the State Election Board may suspend a county or municipal superintendent pursuant to this Code section if at least three members of the board find, after notice and hearing, that:

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(1) By a preponderance of the evidence, a county or municipal superintendent has committed at least three violations of this title or of State Election Board rules and regulations, in the last two general election cycles; and the county or municipal superintendent has not sufficiently remedied the violations; or (2) By clear and convincing evidence, the county or municipal superintendent has, for at least two elections within a two-year period, demonstrated nonfeasance, malfeasance, or gross negligence in the administration of the elections. (d) A majority of the members of a board of elections, board of elections and registration, or county commission; a probate judge who serves as election superintendent, or, for a sole commissioner form of government, a sole commissioner may petition the Secretary of State to continue any hearing scheduled pursuant to this Code section. Upon a showing of good cause, the State Election Board may in its sound discretion continue any such hearing. Notwithstanding any other provision of law, deliberations held on such petition by the State Election Board shall not be open to the public; provided, however, that testimony shall be taken in an open meeting and a vote on the recommendation shall be taken in an open meeting following the hearing or at the next regularly scheduled meeting. (e)(1) If the State Election Board makes a finding in accordance with subsection (c) of this Code section, it may suspend the superintendent or board of registrars with pay and appoint an individual to serve as the temporary superintendent. The temporary superintendent who is appointed shall be otherwise qualified to serve or meet the necessary qualifications within three months of appointment. (2) Any superintendent suspended under this Code section may petition the State Election Board for reinstatement no earlier than 30 days following suspension and no later than 60 days following suspension. In the event that a suspended superintendent or registrar does not petition for reinstatement within the allotted time period, his or her suspension shall be converted into permanent removal, and the temporary superintendent shall become a permanent superintendent subject to removal by the jurisdiction not less than nine months after his or her appointment. (3) If, after the expiration of the nine-month period following the appointment, the jurisdiction removes the permanent superintendent, any provisions of local or general law governing appointment of the superintendent shall govern the appointment of the superintendent. (4) If, at any time after the expiration of the nine-month period following the appointment, at least three members of the State Election Board find, after notice and hearing, that the jurisdiction no longer requires a superintendent appointed under this Code section, any provisions of local or general law governing appointment of the superintendent shall govern the appointment of the superintendent. (f) Upon petition for reinstatement by a superintendent suspended pursuant to a finding under paragraph (1) of subsection (c) of this Code section, the State Election Board shall conduct a hearing for the purpose of receiving evidence relative to whether the superintendent's continued service as superintendent is more likely than not to improve the

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ability of the jurisdiction to conduct elections in a manner that complies with this chapter. The suspended superintendent shall be given at least 30 days' notice prior to such hearing and such hearing shall be held no later than 90 days after the petition is filed in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that the State Election Board shall have the power to call witnesses and request documents on its own initiative. If the State Election Board denies the petition, it shall be deemed a final agency decision under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and it may be appealed in a manner consistent with Code Section 50-13-19. The Attorney General or his or her designee shall represent the interests of the State Election Board in any such judicial review. (g) A local government shall not expend any public funds for attorneys' fees or expenses of litigation relating to the proceedings initiated pursuant to this Code section except to the extent such fees and expenses are incurred prior to and through the recommendation of the State Election Board as provided in subsection (c) of this Code section; provided, however, that nothing in this subsection shall be construed to prohibit an insurance provider from covering attorneys' fees or expenses of litigation under an insurance policy. Any suspended superintendent who is reinstated by the State Election Board pursuant to this Code section may be reimbursed by the local government for his or her reasonable attorneys' fees and related expenses incurred in pursuing such reinstatement. (h) For purposes of this Code section, where a judge of probate court serves as the superintendent, the suspension authorized by this Code section shall apply only to the judge of probate court's duties as a superintendent and not as a judge of probate court. (i) When the State Election Board exercises its authority under subsection (f) of Code Section 21-2-33.1, the jurisdiction involved shall not diminish or reduce the funds already budgeted or appropriated by the jurisdiction pursuant to Code Section 21-2-71 and shall pay any necessary and reasonable funds over that amount, as determined by the temporary superintendent, to faithfully carry out their obligations under Code Section 21-2-70."0

SECTION 8. Said chapter is further amended in Subpart 1 of Part 1 of Article 2, relating to the State Election Board, by adding new Code sections to read as follows:
"21-2-35. (a) Notwithstanding any other provision of this chapter, Chapter 3 of Title 38, relating to emergency management, or Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," to the contrary, the State Election Board may only adopt emergency rules or regulations in circumstances of imminent peril to public health, safety, or welfare. To adopt any such emergency rule or regulation, in addition to any other rule-making requirement of this chapter or Chapter 13 of Title 50, the State Election Board shall:
(1) Give notice to the public of its intended action;

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(2) Immediately upon the setting of the date and time of the meeting at which such emergency rule or regulation is to be considered give notice by email of its intended action to:
(A) The Governor; (B) The Lieutenant Governor; (C) The Speaker of the House of Representatives; (D) The chairpersons of the standing committees of each house of the General Assembly tasked with election matters; (E) Legislative counsel; and (F) The chief executive officer of each political party registered pursuant to subsection (a) of Code Section 21-2-110; and (3) State in the notices required by paragraphs (1) and (2) of this subsection the nature of the emergency and the manner in which such emergency represents an imminent peril to public health, safety, or welfare. (b) Upon adoption or promulgation of any emergency rule or regulation pursuant to this Code section, a majority of the State Election Board shall certify in writing that such emergency rule or regulation was made in strict and exact compliance with the provisions of this chapter and subsection (e) of Code Section 50-13-4. (c) In the event of any conflict between this Code section and any provision of Chapter 13 of Title 50, this Code section shall govern and supersede any such conflicting provision.

21-2-36. The State Election Board, the members thereof, the Secretary of State, and any of their attorneys or staff, at least five business days prior to entering into any consent agreement, settlement, or consent order that limits, alters, or interprets any provision of this chapter, shall notify the House of Representatives and Senate Committees on the Judiciary of such proposed consent agreement, settlement, or consent order."

SECTION 9. Said chapter is further amended by revising Code Section 21-2-71, relating to payment by county or municipality of superintendent's expenses, as follows:
"21-2-71. (a) The governing authority of each county or municipality shall appropriate annually and from time to time, to the superintendent of such county or municipality, the funds that it shall deem necessary for the conduct of primaries and elections in such county or municipality and for the performance of his or her other duties under this chapter, including:
(1) Compensation of the poll officers, custodians, and other assistants and employees provided for in this chapter; (2) Expenditures and contracts for expenditures by the superintendent for polling places;

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(3) Purchase or printing, under contracts made by the superintendent, of all ballots and other election supplies required by this chapter, or which the superintendent shall consider necessary to carry out the provisions of this chapter; (4) Maintenance of all voting equipment required by this chapter, or which the superintendent shall consider necessary to carry out this chapter; and (5) All other expenses arising out of the performance of his or her duties under this chapter. (b) No superintendent shall take or accept any funding, grants, or gifts from any source other than from the governing authority of the county or municipality, the State of Georgia, or the federal government. (c) The State Election Board shall study and report to the General Assembly a proposed method for accepting donations intended to facilitate the administration of elections and a method for an equitable distribution of such donations state wide by October 1, 2021."

SECTION 10. Said chapter is further amended in Part 3 of Article 2, relating to superintendents, by adding a new Code section to read as follows:
"21-2-74.1. (a) If a county does not have a board of elections and:
(1) There is a vacancy in the office of judge of the probate court that has not been filled pursuant to Code Section 15-9-10 or 15-9-11; or (2) The judge of the probate court is incapacitated and unable to perform the duties of the election superintendent for a period of more than five days; The chief judge of the superior court in the circuit to which the county is assigned shall appoint a qualified individual to serve as the acting election superintendent during such vacancy or incapacitation. (b) Upon the filling of a vacancy in the office of judge of the probate court pursuant to Code Section 15-9-10 or 15-9-11, the judge of the probate court shall resume the duties of the election superintendent. (c) The sole county commissioner or the board of county commissioners shall fix the compensation of the individual who serves as acting election superintendent until the vacancy is filled or the incapacitation ends. The compensation shall be paid from the general funds of the county."

SECTION 11. Said chapter is further amended by revising subsection (a) of Code Section 21-2-92, relating to qualifications of poll officers, service during municipal election or primary, and Student Teen Election Participant (STEP) program, as follows:
"(a)(1) Poll officers appointed pursuant to Code Sections 21-2-90 and 21-2-91 shall be judicious, intelligent, and upright citizens of the United States, residents of or otherwise employed by the county in which they are appointed except as otherwise provided in

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paragraph (2) of this subsection or, in the case of municipal elections, residents of or otherwise employed by the municipality in which the election is to be held or of the county in which that municipality is located, 16 years of age or over, and shall be able to read, write, and speak the English language. No poll officer shall be eligible for any nomination for public office or to be voted for at a primary or election at which the poll officer shall serve. No person who is otherwise holding public office, other than a political party office, shall be eligible to be appointed as or to serve as a poll officer. A parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a poll officer in any precinct in which such candidate's name appears on the ballot in any primary or election. (2) A poll officer may be allowed to serve in a county that adjoins the county in which such poll officer resides if, in the discretion of the election superintendent of the county in which such person resides, the waiver of such county residency or county employment requirements of paragraph (1) of this subsection do not impair the ability of the county to provide adequate staff for the performance of election duties under this chapter and if, in the discretion of the county election superintendent in which such person wishes to serve, sufficient need for more poll officers exists."

SECTION 12. Said chapter is further amended in Article 2, relating to supervisory boards and officers, by adding a new part to read as follows:

"Part 5

21-2-105. As used in this part, the term 'local election official' means:
(1) A county board of elections or a county board of elections and registration established pursuant to Code Section 21-2-40; (2) A judge of the probate court fulfilling the role of election superintendent; or (3) A municipal election superintendent.

21-2-106. (a) The following officials may request that a performance review of a local election official be conducted:
(1) The governing authority of the same jurisdiction as the local election official; (2) For counties represented by more than three members of the Georgia House of Representatives and Georgia Senate, at least two members of the Georgia House of Representatives and two members of the Georgia Senate who represent the county; and

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(3) For counties represented by fewer than four members of the Georgia House of Representatives and Georgia Senate, at least one member of the Georgia House of Representatives and one member of the Georgia Senate who represent the county. Such request shall be transmitted to the State Election Board which shall appoint an independent performance review board within 30 days after receiving such resolution. The State Election Board shall appoint three competent persons to serve as members of the performance review board, one of whom shall be an employee of the elections division of the Secretary of State and two of whom shall be local election officials, provided that no such appointee shall be a local election official for the county or municipality, as applicable, under review. (b) It shall be the duty of a performance review board to make a thorough and complete investigation of the local election official with respect to all actions of the local election official regarding the technical competency in the maintenance and operation of election equipment, proper administration and oversight of registration and elections, and compliance with state law and regulations. The performance review board shall issue a written report of its findings to the Secretary of State, the State Election Board, and the local governing authority which shall include such evaluations, judgments, and recommendations as it deems appropriate. The local governing authority shall reimburse the members of the performance review board for reasonable expenses incurred in the performance of their duties, including mileage, meals, lodging, and costs of materials. (c) The findings of the report of the review board under subsection (b) of this Code section or of any audit or investigation performed by the State Election Board may be grounds for removal of one or more local election officials pursuant to Code Section 21-2-33.2.

21-2-107. (a) The State Election Board shall appoint an independent performance review board on its own motion if it determines that there is evidence which calls into question the competence of a local election official regarding the oversight and administration of elections, voter registration, or both, with state law and regulations. (b) The State Election Board shall appoint three competent persons to serve as members of the performance review board, one of whom shall be an employee of the elections division of the office of Secretary of State and two of whom shall be local election officials, provided that none of the three appointees shall be a local election official for the county or municipality under review. (c) The performance review board shall issue a written report of its findings to the State Election Board and the Secretary of State and the applicable local governing authority, which shall include such evaluations, judgments, and recommendations as it deems appropriate. The local governing authority shall reimburse the members of the performance review board for reasonable expenses incurred in the performance of their duties, including mileage, meals, lodging, and costs of materials.

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(d) The findings of the report of the performance review board under subsection (c) of this Code section or of any audit or investigation performed by the State Election Board may be grounds for removal of a local election official pursuant to Code Section 21-2-33.2.

21-2-108. The State Election Board shall promulgate such rules and regulations as may be necessary for the administration of this part."

SECTION 13. Said chapter is further amended in Code Section 21-2-134, relating to withdrawal, death, or disqualification of candidate for office, return of qualifying fee, and nomination certificate, by adding a new subsection to read as follows:
"(g) In the event of the death of a candidate on the ballot in a nonpartisan election prior to such nonpartisan election, such candidate's name shall remain on the ballot and all votes cast for such candidate shall be counted. If the deceased candidate receives the requisite number of votes to be elected, such contest shall be handled as a failure to fill the office under Code Section 21-2-504. If the deceased candidate receives enough votes to be in a run-off election, such run-off election shall be conducted as provided in Code Section 21-2-501 and the candidates in such runoff shall be determined in accordance with paragraph (2) of subsection (a) of Code Section 21-2-501."

SECTION 14. Said chapter is further amended by revising subsection (f) of Code Section 21-2-212, relating to county registrars, appointment, certification, term of service, vacancies, compensation and expenses of chief registrar, registrars, and other officers and employees, and budget estimates, as follows:
"(f) The board of registrars of each county shall prepare annually a budget estimate in which it shall set forth an itemized list of its expenditures for the preceding two years and an itemized estimate of the amount of money necessary to be appropriated for the ensuing year and shall submit the same at the time and in the manner and form other county budget estimates are required to be filed. No board of registrars shall take or accept any funding, grants, or gifts from any source other than from the governing authority of the county, the State of Georgia, or the federal government."

SECTION 15. Said chapter is further amended by revising Code Section 21-2-229, relating to challenge of applicant for registration by other electors, notice and hearing, and right of appeal, as follows:
"21-2-229. (a) Any elector of a county or municipality may challenge the qualifications of any person applying to register to vote in the county or municipality and may challenge the

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qualifications of any elector of the county or municipality whose name appears on the list of electors. Such challenges shall be in writing and shall specify distinctly the grounds of the challenge. There shall not be a limit on the number of persons whose qualifications such elector may challenge. (b) Upon such challenge being filed with the board of registrars, the registrars shall set a hearing on such challenge within ten business days after serving notice of the challenge. Notice of the date, time, and place of the hearing shall be served upon the person whose qualifications are being challenged along with a copy of such challenge and upon the elector making the challenge within ten business days following the filing of the challenge. The person being challenged shall receive at least three days' notice of the date, time, and place of the hearing. Such notice shall be served either by first-class mail addressed to the mailing address shown on the person's voter registration records or in the manner provided in subsection (c) of Code Section 21-2-228. (c) The burden shall be on the elector making the challenge to prove that the person being challenged is not qualified to remain on the list of electors. The board of registrars shall have the authority to issue subpoenas for the attendance of witnesses and the production of books, papers, and other material upon application by the person whose qualifications are being challenged or the elector making the challenge. The party requesting such subpoenas shall be responsible to serve such subpoenas and, if necessary, to enforce the subpoenas by application to the superior court. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as allowed and paid witnesses in civil actions in the superior court. (d) After the hearing provided for in this Code section, the registrars shall determine said challenge and shall notify the parties of their decision. If the registrars uphold the challenge, the person's application for registration shall be rejected or the person's name removed from the list of electors, as appropriate. The elector shall be notified of such decision in writing either by first-class mail addressed to the mailing address shown on the person's voter registration records or in the manner provided in subsection (c) of Code Section 21-2-228 for other notices. (e) Either party shall have a right of appeal from the decision of the registrars to the superior court by filing a petition with the clerk of the superior court within ten days after the date of the decision of the registrars. A copy of such petition shall be served upon the other parties and the registrars. Unless and until the decision of the registrars is reversed by the court, the decision of the registrars shall stand. (f) Failure to comply with the provisions of this Code section by the board of registrars shall subject such board to sanctions by the State Election Board."

SECTION 16. Said chapter is further amended by revising Code Section 21-2-230, relating to challenge of persons on list of electors by other electors, procedure;, hearing, and right of appeal, as follows:

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"21-2-230. (a) Any elector of the county or municipality may challenge the right of any other elector of the county or municipality, whose name appears on the list of electors, to vote in an election. Such challenge shall be in writing and specify distinctly the grounds of such challenge. Such challenge may be made at any time prior to the elector whose right to vote is being challenged voting at the elector's polling place or, if such elector cast an absentee ballot, prior to 5:00 P.M. on the day before the absentee ballots are to begin to be scanned and tabulated; provided, however, that challenges to persons voting by absentee ballot in person at the office of the registrars or the absentee ballot clerk shall be made prior to such person's voting. There shall not be a limit on the number of persons whose qualifications such elector may challenge. (b) Upon the filing of such challenge, the board of registrars shall immediately consider such challenge and determine whether probable cause exists to sustain such challenge. If the registrars do not find probable cause, the challenge shall be denied. If the registrars find probable cause, the registrars shall notify the poll officers of the challenged elector's precinct or, if the challenged elector voted by absentee ballot, notify the poll officers at the absentee ballot precinct and, if practical, notify the challenged elector and afford such elector an opportunity to answer. (c) If the challenged elector appears at the polling place to vote, such elector shall be given the opportunity to appear before the registrars and answer the grounds of the challenge. (d) If the challenged elector does not cast an absentee ballot and does not appear at the polling place to vote and if the challenge is based on grounds other than the qualifications of the elector to remain on the list of electors, no further action by the registrars shall be required. (e) If the challenged elector cast an absentee ballot and it is not practical to conduct a hearing prior to the close of the polls and the challenge is based upon grounds other than the qualifications of the elector to remain on the list of electors, the absentee ballot shall be treated as a challenged ballot pursuant to subsection (e) of Code Section 21-2-386. No further action by the registrars shall be required. (f) If the challenged elector does not cast an absentee ballot and does not appear at the polling place to vote and the challenge is based on the grounds that the elector is not qualified to remain on the list of electors, the board of registrars shall proceed to hear the challenge pursuant to Code Section 21-2-229. (g) If the challenged elector cast an absentee ballot and the challenge is based upon grounds that the challenged elector is not qualified to remain on the list of electors, the board of registrars shall proceed to conduct a hearing on the challenge on an expedited basis prior to the certification of the consolidated returns of the election by the election superintendent. The election superintendent shall not certify such consolidated returns until such hearing is complete and the registrars have rendered their decision on the challenge. If the registrars deny the challenge, the superintendent shall proceed to certify the consolidated returns. If the registrars uphold the challenge, the name of the challenged

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elector shall be removed from the list of electors and the ballot of the challenged elector shall be rejected and not counted and, if necessary, the returns shall be adjusted to remove any votes cast by such elector. The elector making the challenge and the challenged elector may appeal the decision of the registrars in the same manner as provided in subsection (e) of Code Section 21-2-229. (h) If the challenged elector appears at the polls to vote and it is practical to conduct a hearing on the challenge prior to the close of the polls, the registrars shall conduct such hearing and determine the merits of the challenge. If the registrars deny the challenge, the elector shall be permitted to vote in the election notwithstanding the fact that the polls may have closed prior to the time the registrars render their decision and the elector can actually vote, provided that the elector proceeds to vote immediately after the decision of the registrars. If the registrars uphold the challenge, the challenged elector shall not be permitted to vote and, if the challenge is based upon the grounds that the elector is not qualified to remain on the list of electors, the challenged elector's name shall be removed from the list of electors. (i) If the challenged elector appears at the polls to vote and it is not practical to conduct a hearing prior to the close of the polls or if the registrars begin a hearing and subsequently find that a decision on the challenge cannot be rendered within a reasonable time, the challenged elector shall be permitted to vote by casting a challenged ballot on the same type of ballot that is used by the county or municipality for provisional ballots. Such challenged ballot shall be sealed in double envelopes as provided in subsection (a) of Code Section 21-2-419 and, after having the word 'Challenged,' the elector's name, and the alleged cause of the challenge written across the back of the outer envelope, the ballot shall be deposited by the person casting such ballot in a secure, sealed ballot box notwithstanding the fact that the polls may have closed prior to the time the registrars make such a determination, provided that the elector proceeds to vote immediately after such determination of the registrars. In such cases, if the challenge is based upon the grounds that the challenged elector is not qualified to remain on the list of electors, the registrars shall proceed to finish the hearing prior to the certification of the consolidated returns of the election by the election superintendent. If the challenge is based on other grounds, no further action shall be required by the registrars. The election superintendent shall not certify such consolidated returns until such hearing is complete and the registrars have rendered their decision on the challenge. If the registrars deny the challenge, the superintendent shall proceed to certify the consolidated returns. If the registrars uphold the challenge, the name of the challenged elector shall be removed from the list of electors and the ballot of the challenged elector shall be rejected and not counted and, if necessary, the returns shall be adjusted to remove any votes cast by such elector. The elector making the challenge and the challenged elector may appeal the decision of the registrars in the same manner as provided in subsection (e) of Code Section 21-2-229. (j) Failure to comply with the provisions of this Code section by the board of registrars shall subject such board to sanctions by the State Election Board."

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SECTION 17. Said chapter is further amended in subsection (b) of Code Section 21-2-232, relating to removal of elector's name from list of electors, by adding a new paragraph to read as follows:
"(3) Once becoming a member of the nongovernmental entity described in subsection (d) of Code Section 21-2-225, the Secretary of State shall obtain regular information from such entity regarding electors who may have moved to another state, died, or otherwise become ineligible to vote in Georgia. The Secretary of State shall use such information to conduct list maintenance on the list of eligible electors."

SECTION 18. Said chapter is further amended by revising Code Section 21-2-263, relating to reduction in size of, or provision of additional voting equipment or poll workers to, precincts containing more than 2,000 electors when voting in such precincts at previous general election not completed one hour after closing of polls, as follows:
"21-2-263. (a) If, at the previous general election, a precinct contained more than 2,000 electors and if all those electors desiring to vote had not completed voting one hour following the closing of the polls, the superintendent shall either reduce the size of said precinct so that it shall contain not more than 2,000 electors in accordance with the procedures prescribed by this chapter for the division, alteration, and consolidation of precincts no later than 60 days before the next general election or provide additional voting equipment or poll workers, or both, before the next general election. For administering this Code section, the chief manager of a precinct which contained more than 2,000 electors at the previous general election shall submit a report thereof, under oath, to the superintendent as to the time required for completion of voting by all persons in line at the time the polls were closed. Any such change in the boundaries of a precinct shall conform with the requirements of subsection (a) of Code Section 21-2-261.1. (b) If, at the previous general election, a precinct contained more than 2,000 electors and if electors desiring to vote on the day of the election had to wait in line for more than one hour before checking in to vote, the superintendent shall either reduce the size of such precinct so that it shall contain not more than 2,000 electors in accordance with the procedures prescribed by this chapter for the division, alteration, and consolidation of precincts no later than 60 days before the next general election or provide additional voting equipment or poll workers, or both, before the next general election. For administering this Code section, the chief manager of a precinct which contained more than 2,000 electors at the previous general election shall submit a report thereof to the superintendent of the reported time from entering the line to checking in to vote. Such wait time shall be measured no fewer than three different times throughout the day (in the morning, at midday, and prior to the close of polls) and such results shall be recorded on a form provided by the Secretary of State. Any such change in the boundaries of a precinct shall conform with the requirements of subsection (a) of Code Section 21-2-261.1."

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SECTION 19. Said chapter is further amended by revising subsection (a) of Code Section 21-2-265, relating to duty of superintendent to select polling places, change, petition objecting to proposed change, space for political parties holding primaries, facilities for disabled voters, selection of polling place outside precinct to better serve voters, and restriction on changing polling place on or near date of election, as follows:
"(a) The superintendent of a county or the governing authority of a municipality shall select and fix the polling place within each precinct and may, either on his, her, or its own motion or on petition of ten electors of a precinct, change the polling place within any precinct. Except in case of an emergency or unavoidable event occurring within ten days of a primary or election, which emergency or event renders any polling place unavailable for use at such primary or election, the superintendent of a county or the governing authority of a municipality shall not change any polling place until notice of the proposed change shall have been published for once a week for two consecutive weeks in the legal organ for the county or municipality in which the polling place is located. Additionally, during the seven days before and on the day of the first election following such change, a notice of such change shall be posted on the previous polling place and at three other places in the immediate vicinity thereof. Each notice posted shall state the location to which the polling place has been moved and shall direct electors to the new location. At least one notice at the previous polling place shall be a minimum of four feet by four feet in size. The occupant or owner of the previous polling place, or his or her agent, shall be notified in writing of such change at the time notice is published in the legal organ."

SECTION 20. Said chapter is further amended by revising subsections (a) and (b) of Code Section 21-2-266, relating to use of public buildings as polling places, use of portable or movable facilities, and unrestricted access to residential communities, as follows:
"(a) In selecting polling places and advance voting locations, the superintendent of a county or the governing authority of a municipality shall select, wherever practicable and consistent with subsection (d) of Code Section 21-2-265, schoolhouses, municipal buildings or rooms, or other public buildings for that purpose. In selecting polling places and advance voting locations, the superintendent of a county or the governing authority of a municipality shall give consideration to the comfort and convenience those places to be selected will provide to both electors and poll officers. School, county, municipal, or other governmental authorities, upon request of the superintendent of a county or the governing authority of a municipality, shall make arrangements for the use of their property for polling places or advance voting locations; provided, however, that such use shall not substantially interfere with the use of such property for the purposes for which it is primarily intended. (b) The superintendent of a county or the governing authority of a municipality shall have discretion to procure and provide portable or movable polling facilities of adequate size for

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any precinct; provided, however, that buses and other readily movable facilities shall only be used in emergencies declared by the Governor pursuant to Code Section 38-3-51 to supplement the capacity of the polling place where the emergency circumstance occurred."

SECTION 20A. Said chapter is further amended by revising subsection (a) of Code Section 21-2-284, relating to form of official primary ballot and attestation regarding receiving value in exchange for vote, as follows:
"(a) In each primary separate official ballots shall be prepared for the political party holding the primary. At the top of each ballot shall be printed in prominent type the words 'OFFICIAL PRIMARY BALLOT OF ______________ PARTY FOR,' followed by the name and designation of the precinct for which it is prepared and the name and date of the primary."

SECTION 20B. Said chapter is further amended by revising Code Section 21-2-284.1, relating to form of ballot in nonpartisan municipal primaries, as follows:
"21-2-284.1. In the case of nonpartisan municipal primaries, the form of the official nonpartisan primary ballot shall conform insofar as practicable to the form of the official primary ballot as detailed in Code Section 21-2-284, including the printing of the name and designation of the precinct on the top of the ballot, except that:
(1) The following shall be printed at the top of each ballot in prominent type: 'OFFICIAL NONPARTISAN PRIMARY BALLOT OF _______________________ (Name of Municipality)';
(2) There shall be no name or designation of any political organization nor any words, designation, or emblems descriptive of a candidate's political affiliation printed under or after any candidate's name which is printed on the ballot; and (3) The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot."

SECTION 20C. Said chapter is further amended by revising subsection (a) of Code Section 21-2-285, relating to form of official election ballot, attestation on receipt of benefit in exchange for vote, and when an election is not required, as follows:
"(a) At the top of each ballot for an election shall be printed in prominent type the words 'OFFICIAL BALLOT,' followed by the name and designation of the precinct for which it is prepared and the name and date of the election."

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SECTION 21. Said chapter is further amended by revising Code Section 21-2-285.1, relating to form of ballot, run-off election, and declaration of prevailing candidate in nonpartisan elections, as follows:
"21-2-285.1. The names of all candidates for offices which the General Assembly has by general law or local Act provided for election in a nonpartisan election shall be printed on each official primary ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for party nomination to other offices by being listed last on each ballot, with the top of that portion of each official primary ballot relating to the nonpartisan election to have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' In addition, there shall be a ballot that contains just the official nonpartisan election ballot available for electors who choose not to vote in a party primary. Such ballot shall have printed at the top the name and designation of the precinct. Directions that explain how to cast a vote, how to write in a candidate, and how to obtain a new ballot after the elector spoils his or her ballot shall appear immediately under the caption, as specified by rule or regulation of the State Election Board. Immediately under the directions, the name of each such nonpartisan candidate shall be arranged alphabetically by last name under the title of the office for which they are candidates and be printed thereunder. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a majority of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general primary runoff in the same manner as prescribed in this Code section for the nonpartisan election and there shall be a separate official nonpartisan election run-off ballot for those electors who do not choose or are not eligible to vote in the general primary runoff. In the event that only nonpartisan candidates are to be placed on a run-off ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superintendent in essentially the same format as prescribed for the nonpartisan election. Except as provided in subsection (g) of Code Section 21-2-134, the candidate having a majority of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office."

SECTION 21A. Said chapter is further amended by revising paragraph (3) of subsection (b) of Code Section 21-2-286, relating to printing specifications, numbering, and binding of ballots, as follows:

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"(3) Ballots printed by an electronic ballot marker shall be designed as prescribed by the Secretary of State to ensure ease of reading by electors, provided that each ballot shall have the name and designation of the precinct printed at the top."

SECTION 21B. Said chapter is further amended by revising Code Section 21-2-287, relating to form of absentee ballot, as follows:
"21-2-287. The form for the absentee ballot shall be in substantially the same form as the official ballots used in the precincts, except it shall be printed with only the name stub and without a number strip and shall have the precinct name and designation printed or stamped thereon."

SECTION 22. Said chapter is further amended by revising subsection (b) of Code Section 21-2-367, relating to installation of systems, number of systems, and good working order, as follows:
"(b)(1) In each precinct in which optical scanning voting systems are used in a state-wide general election, the county election superintendent shall provide at least one voting booth or enclosure for each 250 electors therein, or fraction thereof. (2) For any other primary, election, or runoff, the county or municipal election superintendent may provide a greater or lesser number of voting booths or enclosures if, after a thorough consideration of the type of election, expected turnout, the number of electors who have already voted by advance voting or absentee ballot, and other relevant factors that inform the appropriate amount of equipment needed, such superintendent determines that a different amount of equipment is needed or sufficient. Such determination shall be subject to the provisions of Code Section 21-2-263."

SECTION 23. Said chapter is further amended by revising Code Section 21-2-372, relating to ballot description, as follows:
"21-2-372. Ballots shall be of suitable design, size, and stock to permit processing by a ballot scanner and shall be printed in black ink on clear, white, or colored material. Other than ballots delivered electronically to qualified electors who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20301, et seq., the ballots shall be printed on security paper that incorporates features which can be used to authenticate the ballot as an official ballot but which do not make the ballot identifiable to a particular elector."

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SECTION 23A. Said chapter is further amended in Code Section 21-2-379.23, relating to requirements for ballot display for electronic ballot markers, role of Secretary of State, and printed paper ballot controls during recount, by adding a new subsection to read as follows:
"(e) Each ballot printed by an electronic ballot marker shall include the name and designation of the precinct at the top."

SECTION 24. Said chapter is further amended by revising subsection (c) of Code Section 21-2-379.25, relating to programming for ballot design and style, verification, appointment of custodians, and role of custodians, as follows:
"(c) On or before the third day preceding a primary or election, including special primaries, special elections, and referendum elections, the superintendent shall have each electronic ballot marker tested to ascertain that it will correctly record the votes cast for all offices and on all questions and produce a ballot reflecting such choices of the elector in a manner that the State Election Board shall prescribe by rule or regulation. Public notice of the time and place of the test shall be made at least five days prior thereto. The superintendent of each county or municipality shall publish such notice on the homepage of the county's or municipality's publicly accessible website associated with elections, if the county or municipality maintains a publicly accessible website, and in a newspaper of general circulation in the county or municipality and by posting in a prominent location in the county or municipality. Such notice shall state the date, time, and place or places where preparation and testing of the voting system components for use in the primary or election will commence, that such preparation and testing shall continue from day to day until complete, and that representatives of political parties and bodies, news media, and the public shall be permitted to observe such tests. The superintendent of the county or municipality shall also provide such notice to the Secretary of State who shall publish on his or her website the information received from superintendents stating the dates, times, and locations for preparation and testing of voting system components. However, such representatives of political parties and bodies, news media, and the public shall not in any manner interfere with the preparation and testing of voting system components. The advertisement in the newspaper of general circulation shall be prominently displayed, shall not be less than 30 square inches, and shall not be placed in the section of the newspaper where legal notices appear."

SECTION 25. Said chapter is further amended by revising Code Section 21-2-381, relating to making of application for absentee ballot, determination of eligibility by ballot clerk, furnishing of applications to colleges and universities, and persons entitled to make application, as follows:

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"21-2-381. (a)(1)(A) Except as otherwise provided in Code Section 21-2-219 or for advance voting described in subsection (d) of Code Section 21-2-385, not earlier than 78 days or less than 11 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, by electronic transmission, or in person in the registrar's or absentee ballot clerk's office, an application for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. To be timely received, an application for an absentee-by-mail ballot shall be received by the board of registrars or absentee ballot clerk no later than 11 days prior to the primary, election, or runoff. For advance voting in person, the application shall be made within the time period set forth in subsection (d) of Code Section 21-2-385. (B) In the case of an elector residing temporarily out of the county or municipality or a physically disabled elector residing within the county or municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. (C)(i) Any person applying for an absentee-by-mail ballot shall make application in writing on the form made available by the Secretary of State. In order to confirm the identity of the voter, such form shall require the elector to provide his or her name, date of birth, address as registered, address where the elector wishes the ballot to be mailed, and the number of his or her Georgia driver's license or identification card issued pursuant to Article 5 of Chapter 5 of Title 40. If such elector does not have a Georgia driver's license or identification card issued pursuant to Article 5 of Chapter 5 of Title 40, the elector shall affirm this fact in the manner prescribed in the application and the elector shall provide a copy of a form of identification listed in subsection (c) of Code Section 21-2-417. The form made available by the Secretary of State shall include a space to affix a photocopy or electronic image of such identification. The Secretary of State shall develop a method to allow secure electronic transmission of such form. The application shall also include the identity of the primary, election, or runoff in which the elector wishes to vote; the name and relationship of the person requesting the ballot if other than the elector; and an oath for the elector or relative to write his or her usual signature with a pen and ink affirming that the elector is a qualified Georgia elector and the facts presented on the application are true. Submitting false information on an application for an absentee ballot shall be a violation of Code Sections 21-2-560 and 21-2-571. (ii) A blank application for an absentee ballot shall be made available online by the Secretary of State and each election superintendent and registrar, but neither the Secretary of State, election superintendent, board of registrars, other governmental entity, nor employee or agent thereof shall send absentee ballot applications directly

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to any elector except upon request of such elector or a relative authorized to request an absentee ballot for such elector. No person or entity other than a relative authorized to request an absentee ballot for such elector or a person signing as assisting an illiterate or physically disabled elector shall send any elector an absentee ballot application that is prefilled with the elector's required information set forth in this subparagraph. No person or entity other than the elector, a relative authorized to request an absentee ballot for such elector, a person signing as assisting an illiterate or physically disabled elector with his or her application, a common carrier charged with returning the ballot application, an absentee ballot clerk, a registrar, or a law enforcement officer in the course of an investigation shall handle or return an elector's completed absentee ballot application. Handling a completed absentee ballot application by any person or entity other than as allowed in this subsection shall be a misdemeanor. Any application for an absentee ballot sent to any elector by any person or entity shall utilize the form of the application made available by the Secretary of State and shall clearly and prominently disclose on the face of the form:
'This is NOT an official government publication and was NOT provided to you by any governmental entity and this is NOT a ballot. It is being distributed by [insert name and address of person, organization, or other entity distributing such document or material].' (iii) The disclaimer required by division (ii) of this subparagraph shall be: (I) Of sufficient font size to be clearly readable by the recipient of the communication; (II) Be contained in a printed box set apart from the other contents of the communication; and (III) Be printed with a reasonable degree of color contrast between the background and the printed disclaimer. (D) Except in the case of physically disabled electors residing in the county or municipality or electors in custody in a jail or other detention facility in the county or municipality, no absentee ballot shall be mailed to an address other than the permanent mailing address of the elector as recorded on the elector's voter registration record or a temporary out-of-county or out-of-municipality address. Upon request, electors held in jails or other detention facilities who are eligible to vote shall be granted access to the necessary personal effects for the purpose of applying for and voting an absentee ballot pursuant to this chapter. (E) Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. (F) If the elector is unable to fill out or sign such elector's own application because of illiteracy or physical disability, the elector shall make such elector's mark, and the person filling in the rest of the application shall sign such person's name below it as a witness.

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(G) Any elector meeting criteria of advance age or disability specified by rule or regulation of the State Election Board or any elector who is entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended, may request in writing on one application a ballot for a presidential preference primary held pursuant to Article 5 of this chapter and for a primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates as well as any runoffs resulting therefrom. If not so requested by such person, a separate and distinct application shall be required for each primary, run-off primary, election, and run-off election. Except as otherwise provided in this subparagraph, a separate and distinct application for an absentee ballot shall always be required for any special election or special primary. (2) A properly executed registration card submitted under the provisions of subsection (b) of Code Section 21-2-219, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under this Code section, or for a special absentee ballot under Code Section 21-2-381.1, as appropriate. (3)(A) All persons or entities, other than the Secretary of State, election superintendents, boards of registrars, and absentee ballot clerks, that send applications for absentee ballots to electors in a primary, election, or runoff shall mail such applications only to individuals who have not already requested, received, or voted an absentee ballot in the primary, election, or runoff. Any such person or entity shall compare its mail distribution list with the most recent information available about which electors have requested, been issued, or voted an absentee ballot in the primary, election, or runoff and shall remove the names of such electors from its mail distribution list. A person or entity shall not be liable for any violation of this subparagraph if such person or entity relied upon information made available by the Secretary of State within five business days prior to the date such applications are mailed. (B) A person or entity in violation of subparagraph (A) of this paragraph shall be subject to sanctions by the State Election Board which, in addition to all other possible sanctions, may include requiring such person or entity to pay restitution to each affected county or municipality in an amount up to $100.00 per duplicate absentee ballot application that is processed by the county or municipality due to such violation or the actual cost incurred by each affected county or municipality for the processing of such duplicate absentee ballot applications. (4) In extraordinary circumstances as described in Code Section 21-2-543.1, the registrar or absentee ballot clerk shall determine if the applicants are eligible to vote under this Code section and shall either mail or issue the absentee ballots for the election for representative in the United States Congress to an individual entitled to make application for absentee ballot under subsection (d) of this Code section the same day any such application is received, so long as the application is received by 3:00 P.M., otherwise no

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later than the next business day following receipt of the application. Any valid absentee ballot shall be accepted and processed so long as the ballot is received by the registrar or absentee ballot clerk not later than 45 days after the ballot is transmitted to the absent uniformed services voter or overseas voter, but in no event later than 11 days following the date of the election. (b)(1) Upon receipt of a timely application for an absentee ballot, a registrar or absentee ballot clerk shall enter thereon the date received. The registrar or absentee ballot clerk shall verify the identity of the applicant and determine, in accordance with the provisions of this chapter, if the applicant is eligible to vote in the primary or election involved. In order to verify the identity of the applicant, the registrar or absentee ballot clerk shall compare the applicant's name, date of birth, and number of his or her Georgia driver's license or identification card issued pursuant to Article 5 of Chapter 5 of Title 40 on the application with the information on file in the registrar's office. If the application does not contain the number of the applicant's Georgia driver's license or identification card issued pursuant to Article 5 of Chapter 5 of Title 40, the registrar or absentee ballot clerk shall verify that the identification provided with the application identifies the applicant. In order to be found eligible to vote an absentee ballot in person at the registrar's office or absentee ballot clerk's office, such person shall show one of the forms of identification listed in Code Section 21-2-417 and the registrar or absentee ballot clerk shall compare the identifying information on the application with the information on file in the registrar's office. (2) If found eligible, the registrar or absentee ballot clerk shall certify by signing in the proper place on the application and then:
(A) Shall mail the ballot as provided in this Code section; (B) If the application is made in person, shall issue the ballot to the elector within the confines of the registrar's or absentee ballot clerk's office as required by Code Section 21-2-383 if the ballot is issued during the advance voting period established pursuant to subsection (d) of Code Section 21-2-385; or (C) May deliver the ballot in person to the elector if such elector is confined to a hospital. (3) If found ineligible or if the application is not timely received, the clerk or the board of registrars shall deny the application by writing the reason for rejection in the proper space on the application and shall promptly notify the applicant in writing of the ground of ineligibility, a copy of which notification should be retained on file in the office of the board of registrars or absentee ballot clerk for at least one year. However, an absentee ballot application shall not be rejected solely due to a mismatch between the identifying information of the elector on the application and the identifying information of the elector on file with the board of registrars. In such cases, the board of registrars or absentee ballot clerk shall send the elector a provisional absentee ballot with the designation 'Provisional Ballot' on the outer oath envelope and information prepared by the Secretary of State as to the process to be followed to cure the discrepancy. If such ballot is returned

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to the board of registrars or absentee ballot clerk prior to the closing of the polls on the day of the primary or election, the elector may cure the discrepancy by submitting an affidavit to the board of registrars or absentee ballot clerk along with a copy of one of the forms of identification enumerated in subsection (c) of Code Section 21-2-417 before the close of the period for verifying provisional ballots contained in subsection (c) of Code Section 21-2-419. If the board of registrars or absentee ballot clerk finds the affidavit and identification to be sufficient, the absentee ballot shall be counted as other absentee ballots. If the board of registrars or absentee ballot clerk finds the affidavit and identification to be insufficient, then the procedure contained in Code Section 21-2-386 shall be followed for rejected absentee ballots. (4) If the registrar or clerk is unable to determine the identity of the elector from information given on the application or if the application is not complete or if the oath on the application is not signed, the registrar or clerk should promptly contact the elector in writing to request the necessary additional information and a signed copy of the oath. (5) In the case of an unregistered applicant who is eligible to register to vote, the clerk or the board shall immediately mail a blank registration card as provided by Code Section 21-2-223, and such applicant, if otherwise qualified, shall be deemed eligible to vote by absentee ballot in such primary or election, if the registration card, properly completed, is returned to the clerk or the board on or before the last day for registering to vote in such primary or election. (c) In those counties or municipalities in which the absentee ballot clerk or board of registrars provides application forms for absentee ballots, the clerk or board shall provide such quantity of the application form to the dean of each college or university located in that county as said dean determines necessary for the students of such college or university. (d)(1) A citizen of the United States permanently residing outside the United States is entitled to make application for an absentee ballot from Georgia and to vote by absentee ballot in any election for presidential electors and United States senator or representative in Congress:
(A) If such citizen was last domiciled in Georgia immediately before his or her departure from the United States; and (B) If such citizen could have met all qualifications, except any qualification relating to minimum voting age, to vote in federal elections even though, while residing outside the United States, he or she does not have a place of abode or other address in Georgia. (2) An individual is entitled to make application for an absentee ballot under paragraph (1) of this subsection even if such individual's intent to return to Georgia may be uncertain, as long as: (A) He or she has complied with all applicable Georgia qualifications and requirements which are consistent with 42 U.S.C. Section 1973ff concerning absentee registration for and voting by absentee ballots;

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(B) He or she does not maintain a domicile, is not registered to vote, and is not voting in any other state or election district of a state or territory or in any territory or possession of the United States; and (C) He or she has a valid passport or card of identity and registration issued under the authority of the Secretary of State of the United States or, in lieu thereof, an alternative form of identification consistent with 42 U.S.C. Section 1973ff and applicable state requirements, if a citizen does not possess a valid passport or card of identity and registration. (e) The State Election Board is authorized to promulgate reasonable rules and regulations for the implementation of paragraph (1) of subsection (a) of this Code section. Said rules and regulations may include provisions for the limitation of opportunities for fraudulent application, including, but not limited to, comparison of voter registration records with death certificates."

SECTION 26. Said chapter is further amended by revising Code Section 21-2-382, relating to additional sites as additional registrar's office or place of registration for absentee ballots, as follows:
"21-2-382. (a) Any other provisions of this chapter to the contrary notwithstanding, the board of registrars may establish additional registrar's offices or places of registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of advance voting under Code Section 21-2-385, provided that any such site is a building that is a branch of the county courthouse, a courthouse annex, a government service center providing general government services, another government building generally accessible to the public, or a building that is used as an election day polling place, notwithstanding that such building is not a government building. (b) Any other provisions of this chapter to the contrary notwithstanding, in all counties of this state having a population of 550,000 or more according to the United States decennial census of 1990 or any future such census, any building that is a branch of the county courthouse or courthouse annex established within any such county shall be an additional registrar's or absentee ballot clerk's office or place of registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of advance voting under Code Section 21-2-385.
(c)(1) A board of registrars or absentee ballot clerk shall establish at least one drop box as a means for absentee by mail electors to deliver their ballots to the board of registrars or absentee ballot clerk. A board of registrars or absentee ballot clerk may establish additional drop boxes, subject to the limitations of this Code section, but may only establish additional drop boxes totaling the lesser of either one drop box for every 100,000 active registered voters in the county or the number of advance voting locations in the county. Any additional drop boxes shall be evenly geographically distributed by population in the county. Drop boxes established pursuant to this Code

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section shall be established at the office of the board of registrars or absentee ballot clerk or inside locations at which advance voting, as set forth in subsection (d) of Code Section 21-2-385, is conducted in the applicable primary, election, or runoff and may be open during the hours of advance voting at that location. Such drop boxes shall be closed when advance voting is not being conducted at that location. All drop boxes shall be closed when the advance voting period ends, as set forth in subsection (d) of Code Section 21-2-385. The drop box location shall have adequate lighting and be under constant surveillance by an election official or his or her designee, law enforcement official, or licensed security guard. During an emergency declared by the Governor pursuant to Code Section 38-3-51, drop boxes may be located outside the office of the board of registrars or absentee ballot clerk or outside of locations at which advance voting is taking place, subject to the other limitations of this Code section. (2) The opening slot of a drop box shall not allow ballots to be tampered with or removed and shall be designed to minimize the ability for liquid or other substances that may damage ballots to be poured into the drop box. A drop box shall be labeled "OFFICIAL ABSENTEE BALLOT DROP BOX" and shall clearly display the signage developed by the Secretary of State pertaining to Georgia law with regard to who is allowed to return absentee ballots and destroying, defacing, or delaying delivery of ballots. (3) The board of registrars or absentee ballot clerk shall arrange for the collecting and return of ballots deposited at each drop box at the conclusion of each day where advance voting takes place. Collection of ballots from a drop box shall be made by a team of at least two people. Any person collecting ballots from a drop box shall have sworn an oath in the same form as the oath for poll officers set forth in Code Section 21-2-95. The collection team shall complete and sign a ballot transfer form upon removing the ballots from the drop box which shall include the date, time, location, number of ballots, confirmation that the drop box was locked after the removal of the ballots, and the identity of each person collecting the ballots. The collection team shall then immediately transfer the ballots to the board of registrars or absentee ballot clerk, who shall process and store the ballots in the same manner as absentee ballots returned by mail are processed and stored. The board of registrars, absentee ballot clerk, or a designee of the board of registrars or absentee ballot clerk shall sign the ballot transfer form upon receipt of the ballots from the collection team. Such form shall be considered a public record pursuant to Code Section 50-18-70. (4) At the beginning of voting at each advance location where a drop box is present, the manager of the advance voting location shall open the drop box and confirm on the reconciliation form for that advance voting location that the drop box is empty. If the drop box is not empty, the manager shall secure the contents of the drop box and immediately inform the election superintendent, board of registrars, or absentee ballot clerk, who shall inform the Secretary of State."

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SECTION 27. Said chapter is further amended by revising Code Section 21-2-384, relating to preparation and delivery of supplies, mailing of ballots, oath of absentee electors and persons assisting absentee electors, master list of ballots sent, challenges, and electronic transmission of ballots, as follows:
"21-2-384. (a)(1) The superintendent shall, in consultation with the board of registrars or absentee ballot clerk, prepare, obtain, and deliver before the date specified in paragraph (2) of this subsection an adequate supply of official absentee ballots to the board of registrars or absentee ballot clerk for use in the primary or election or as soon as possible prior to a runoff. Envelopes and other supplies as required by this article may be ordered by the superintendent, the board of registrars, or the absentee ballot clerk for use in the primary or election. (2) The board of registrars or absentee ballot clerk shall mail or issue official absentee ballots to all eligible applicants not more than 29 days but not less than 25 days prior to any presidential preference primary, general primary other than a municipal general primary, general election other than a municipal general election, or special primary or special election in which there is a candidate for a federal office on the ballot; 22 days prior to any municipal general primary or municipal general election; and as soon as possible prior to any runoff. In the case of all other special primaries or special elections, the board of registrars or absentee ballot clerk shall mail or issue official absentee ballots to all eligible applicants within three days after the receipt of such ballots and supplies, but no earlier than 22 days prior to the election; provided, however, that official absentee ballots shall be issued to any elector of the jurisdiction who is entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizen Absentee Voting Act, 52 U.S.C. Section 20301, et seq., as amended, beginning 49 days prior to a federal primary or election and not later than 45 days prior to a federal primary or election. As additional applicants who submitted timely applications for an absentee ballot are determined to be eligible, the board or clerk shall mail or issue official absentee ballots to such additional applicants immediately upon determining their eligibility. For all timely received applications for absentee ballots, the board of registrars or absentee ballot clerk shall mail or issue absentee ballots, provisional absentee ballots, and notices of rejection as soon as possible upon determining their eligibility within the time periods set forth in this subsection. During the period for advance voting set forth in Code Section 21-2-385, the board of registrars or absentee ballot clerk shall make such determinations and mail or issue absentee ballots, provisional absentee ballots, and notices of rejection of application within three days after receiving a timely application for an absentee ballot. The board of registrars or absentee ballot clerk shall, within the time periods specified in this subsection, electronically transmit official absentee ballots to all electors who have requested to receive their official absentee ballot electronically and are entitled to vote

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such absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20301, et seq., as amended. (3) The date a ballot is voted in the registrar's or absentee ballot clerk's office or the date a ballot is mailed or issued to an elector and the date it is returned shall be entered on the application record therefor. (4) Notwithstanding any other provision of this chapter, an elector confined in a hospital may make application for an absentee ballot on the day of a primary or election or during a ten-day period immediately preceding the day of such primary or election. Such application shall immediately be processed and, if such applicant is determined to be eligible, the board of registrars or absentee ballot clerk may deliver the absentee ballot to such elector. (5) In the event an absentee ballot which has been mailed by the board of registrars or absentee ballot clerk is not received by the applicant, the applicant may notify the board of registrars or absentee ballot clerk and sign an affidavit stating that the absentee ballot has not been received. The board of registrars or absentee ballot clerk shall then issue a second absentee ballot to the applicant and cancel the original ballot issued. The affidavit shall be attached to the original application. A second application for an absentee ballot shall not be required. (b) Except for ballots voted within the confines of the registrar's or absentee ballot clerk's office, in addition to the mailing envelope addressed to the elector, the superintendent, board of registrars, or absentee ballot clerk shall provide two envelopes for each official absentee ballot, of such size and shape as shall be determined by the Secretary of State, in order to permit the placing of one within the other and both within the mailing envelope. On the smaller of the two envelopes to be enclosed in the mailing envelope shall be printed the words 'Official Absentee Ballot' and nothing else. The larger of the two envelopes to be enclosed within the mailing envelope shall contain the form of oath of the elector and the oath for persons assisting electors, as provided for in Code Section 21-2-409, and the penalties provided for in Code Sections 21-2-568, 21-2-573, 21-2-579, and 21-2-599 for violations of oaths; a place for the elector to print his or her name; a signature line; a space for the elector to print the number of his or her Georgia driver's license or identification card issued pursuant to Article 5 of Chapter 5 of Title 40; a space for the elector to mark to affirm that he or she does not have a Georgia driver's license or identification card issued pursuant to Article 5 of Chapter 5 of Title 40; a space for the elector to print his or her date of birth; and a space for the elector to print the last four digits of his or her social security number, if the elector does not have a Georgia driver's license or state identification card issued pursuant to Article 5 of Chapter 5 of Title 40. The envelope shall be designed so that the number of the elector's Georgia driver's license or identification card issued pursuant to Article 5 of Chapter 5 of Title 40, the last four digits of the elector's social security number, and the elector's date of birth shall be hidden from view when the envelope is correctly sealed. Any person other than the elector who requested the ballot, an authorized person who is assisting the elector entitled to assistance in voting pursuant

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to Code Section 21-2-409, an absentee ballot clerk, registrar, or law enforcement officer in the course of an investigation who knowingly unseals a sealed absentee ballot envelope shall be guilty of a felony. On the face of such envelope shall be printed the name and address of the board of registrars or absentee ballot clerk. The larger of the two envelopes shall also display the elector's name and voter registration number. The mailing envelope addressed to the elector shall contain the two envelopes, the official absentee ballot, the uniform instructions for the manner of preparing and returning the ballot, in form and substance as provided by the Secretary of State, provisional absentee ballot information, if necessary, and a notice in the form provided by the Secretary of State of all withdrawn, deceased, and disqualified candidates and any substitute candidates pursuant to Code Sections 21-2-134 and 21-2-155 and nothing else. The uniform instructions shall include information specific to the voting system used for absentee voting concerning the effect of overvoting or voting for more candidates than one is authorized to vote for a particular office and information concerning how the elector may correct errors in voting the ballot before it is cast including information on how to obtain a replacement ballot if the elector is unable to change the ballot or correct the error. The uniform instructions shall prominently include specific instructions stating that the elector shall mark his or her ballot in private and sign the oath by writing his or her usual signature with a pen and ink under penalty of false swearing that the elector has not allowed any person to observe the marking of his or her ballot other than an authorized person lawfully assisting the elector if the elector is entitled to assistance, the elector's child under 18 years of age, or any child under 12 years of age and that the elector will not permit any unauthorized person to deliver or return the voted ballot to the board of registrars. The uniform instructions shall include a list of authorized persons who may deliver or return the voted ballot to the board of registrars on behalf of the elector as provided in subsection (a) of Code Section 21-2-385. The uniform instructions shall include the contact information of the Secretary of State which may be used by the elector to report any unauthorized person requesting to observe the elector voting his or her ballot or the elector's voted ballot or any unauthorized person offering to deliver or return the voted ballot to the board of registrars.
(c)(1) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form:
I, the undersigned, do swear (or affirm) under penalty of false swearing that I am a citizen of the United States and of the State of Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; that I have carefully complied with such instructions in completing this ballot; that I have marked and sealed this ballot in private and have not allowed any unauthorized person to observe the voting

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of this ballot or how this ballot was voted except those authorized under state and federal law; and that I will not give or transfer this ballot to any person not authorized by law to deliver or return absentee ballots. I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.

________________________ Signature or Mark of Elector ________________________ Printed Name of Elector

Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such elector's absentee ballot as such elector personally communicated such elector's preference to me; and that such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409. This, the ______ day of _________, _________.

____________________________ Signature of Person Assisting Elector ____________________________ Printed Name of Person Assisting Elector

Reason for assistance (Check appropriate square): G Elector is unable to read the English language. G Elector requires assistance due to physical disability.
The forms upon which such oaths are printed shall contain the following information: Georgia law provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-568 or 21-2-573, shall be guilty of a felony.
(2) In the case of absent uniformed services or overseas voters, if the presidential designee under Section 705(b) of the federal Help America Vote Act promulgates a standard oath for use by such voters, the Secretary of State shall be required to use such oath on absentee ballot materials for such voters and such oath shall be accepted in lieu of the oath set forth in paragraph (1) of this subsection. (d) Each board of registrars or absentee ballot clerk shall maintain for public inspection a master list, arranged by precincts, setting forth the name and residence of every elector to whom an official absentee ballot has been sent. Absentee electors whose names appear

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on the master list may be challenged by any elector prior to 5:00 P.M. on the day before absentee ballots are to begin being scanned and tabulated.
(e)(1) The election superintendent shall prepare special absentee run-off ballots for general primaries and general elections for use by qualified electors who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20301, et seq. (2) Such special absentee run-off ballots for the general primary shall list the titles of all offices being contested at the general primary and the candidates qualifying for such general primary for each office and shall permit the elector to vote in the general primary runoff by indicating his or her order of preference for each candidate for each office. A separate ballot shall be prepared for each political party, but a qualified elector under this subsection shall be mailed only the ballot of the political party in whose primary such elector requests to vote. The Secretary of State shall prepare instructions for use with such special absentee run-off ballots, including instructions for voting by mail using an electronically transmitted ballot. Such ballot shall be returned by the elector in the same manner as other absentee ballots by such electors who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20301, et seq. (3) Such special absentee run-off ballots for the general election shall list the titles of all offices being contested at the general election and the candidates qualifying for such general election for each office and shall permit the elector to vote in the general election runoff by indicating his or her order of preference for each candidate for each office. (4) To indicate order of preference for each candidate for each office to be voted on, an elector shall put the numeral '1' next to the name of the candidate who is the elector's first choice for such office, the numeral '2' for the elector's second choice, and so forth, in consecutive numerical order, such that a numeral indicating the elector's preference is written by the elector next to each candidate's name on the ballot. An elector shall not be required to indicate preference for more than one candidate for an office if the elector so chooses. (5) A special absentee run-off ballot shall be enclosed with each general primary absentee ballot sent to an elector who is entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20301, et seq., along with instructions on how to cast the special absentee run-off ballot and the two envelopes to be used in returning such ballot as provided in subsection (b) of this Code section, provided that the envelopes bear the notation of 'Official Overseas/Military General Primary Run-off Ballot.' An elector shall be sent only the ballot containing the candidates of the political party in whose primary such elector desires to vote. (6) A special absentee run-off ballot shall be enclosed with each general election absentee ballot sent to an elector entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20301, et seq., along with instructions on how to cast the special absentee run-off ballot and the two

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envelopes to be used in returning such ballot as provided in subsection (b) of this Code section, provided that the envelopes bear the notation of 'Official Overseas/Military General Election Run-off Ballot.' The State Election Board shall by rule or regulation establish procedures for the transmission of blank absentee ballots by mail and by electronic transmission for all electors who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20301, et seq., as amended, and by which such electors may designate whether the elector prefers the transmission of such ballots by mail or electronically, for use in county, state, and federal primaries, elections, and runoffs in this state and, if the Secretary of State finds it to be feasible, for use in municipal primaries, elections, and runoffs. If no preference is stated, the ballot shall be transmitted by mail. The State Election Board shall by rule or regulation establish procedures to ensure to the extent practicable that the procedures for transmitting such ballots shall protect the security and integrity of such ballots and shall ensure that the privacy of the identity and other personal data of such electors who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Section 20301, et seq., as amended, to whom a blank absentee ballot is transmitted under this Code section is protected throughout the process of such transmission."

SECTION 28. Said chapter is further amended by revising subsections (a) and (d) of and adding a new subsection to Code Section 21-2-385, relating to procedure for voting by absentee ballot and advance voting, to read as follows:
"(a) At any time after receiving an official absentee ballot, but before the day of the primary or election, except electors who are confined to a hospital on the day of the primary or election, the elector shall vote his or her absentee ballot, then fold the ballot and enclose and securely seal the same in the envelope on which is printed 'Official Absentee Ballot.' This envelope shall then be placed in the second one, on which is printed the form of the oath of the elector; the name and oath of the person assisting, if any; and other required identifying information. The elector shall then fill out, subscribe, and swear to the oath printed on such envelope. In order to verify that the absentee ballot was voted by the elector who requested the ballot, the elector shall print the number of his or her Georgia driver's license number or identification card issued pursuant to Article 5 of Chapter 5 of Title 40 in the space provided on the outer oath envelope. The elector shall also print his or her date of birth in the space provided in the outer oath envelope. If the elector does not have a Georgia driver's license or state identification card issued pursuant to Article 5 of Chapter 5 of Title 40, the elector shall so affirm in the space provided on the outer oath envelope and print the last four digits of his or her social security number in the space provided on the outer oath envelope. If the elector does not have a Georgia driver's license, identification card issued pursuant to Article 5 of Chapter 5 of Title 40, or a social security number, the elector shall so affirm in the space provided on the outer oath envelope and

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place a copy of one of the forms of identification set forth in subsection (c) of Code Section 21-2-417 in the outer envelope. Such envelope shall then be securely sealed and the elector shall then personally mail or personally deliver same to the board of registrars or absentee ballot clerk, provided that mailing or delivery may be made by the elector's mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law, or an individual residing in the household of such elector. The absentee ballot of a disabled elector may be mailed or delivered by the caregiver of such disabled elector, regardless of whether such caregiver resides in such disabled elector's household. The absentee ballot of an elector who is in custody in a jail or other detention facility may be mailed or delivered by any employee of such jail or facility having custody of such elector. An elector who is confined to a hospital on a primary or election day to whom an absentee ballot is delivered by the registrar or absentee ballot clerk shall then and there vote the ballot, seal it properly, and return it to the registrar or absentee ballot clerk. If the elector registered to vote for the first time in this state by mail and has not previously provided the identification required by Code Section 21-2-220 and votes for the first time by absentee ballot and fails to provide the identification required by Code Section 21-2-220 with such absentee ballot, such absentee ballot shall be treated as a provisional ballot and shall be counted only if the registrars are able to verify the identification and registration of the elector during the time provided pursuant to Code Section 21-2-419."
"(d)(1) There shall be a period of advance voting that shall commence: (A) On the fourth Monday immediately prior to each primary or election; and (B) As soon as possible prior to a runoff from any general primary or election but no later than the second Monday immediately prior to such runoff
and shall end on the Friday immediately prior to each primary, election, or runoff. Voting shall be conducted beginning at 9:00 A.M. and ending at 5:00 P.M. on weekdays, other than observed state holidays, during such period and shall be conducted on the second and third Saturdays during the hours of 9:00 A.M. through 5:00 P.M. and, if the registrar or absentee ballot clerk so chooses, the second Sunday, the third Sunday, or both the second and third Sundays prior to a primary or election during hours determined by the registrar or absentee ballot clerk, but no longer than 7:00 A.M. through 7:00 P.M.; provided, however, that, if such second Saturday is a public and legal holiday pursuant to Code Section 1-4-1, if such second Saturday follows a public and legal holiday occurring on the Thursday or Friday immediately preceding such second Saturday, or if such second Saturday immediately precedes a public and legal holiday occurring on the following Sunday or Monday, such advance voting shall not be held on such second Saturday but shall be held on the third Saturday prior to such primary or election beginning at 9:00 A.M. and ending at 5:00 P.M. Except as otherwise provided in this paragraph, the registrars may extend the hours for voting to permit advance voting from 7:00 A.M. until 7:00 P.M. and may provide for additional voting locations pursuant

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to Code Section 21-2-382 to suit the needs of the electors of the jurisdiction at their option; provided, however, that voting shall occur only on the days specified in this paragraph and counties and municipalities shall not be authorized to conduct advance voting on any other days. (2) The registrars or absentee ballot clerk, as appropriate, shall provide reasonable notice to the electors of their jurisdiction of the availability of advance voting as well as the times, dates, and locations at which advance voting will be conducted. In addition, the registrars or absentee ballot clerk shall notify the Secretary of State in the manner prescribed by the Secretary of State of the times, dates, and locations at which advance voting will be conducted. (3) The board of registrars shall publish the dates, times, and locations of the availability of advance voting in its jurisdiction on the homepage of the county's publicly accessible website associated with elections or registrations, or if the county does not have such a website, in a newspaper of general circulation, and by posting in a prominent location in the county, no later than 14 days prior to the beginning of the advance voting period for a general primary, special primary, general election, or special election and no later than seven days prior to the beginning of the advance voting period for any run-off election. Any new advance voting locations added after that deadline shall be published in the same manner as soon as possible. The board of registrars shall not remove any advance voting location after the notice of such location is published, except in the case of an emergency or unavoidable event that renders a location unavailable for use. Any changes that are made due to an emergency or unavoidable event after a notice of a location has been published shall be published as soon as possible in the same manner set forth in this paragraph. (e) On each day of an absentee voting period, each county board of registrars or municipal absentee ballot clerk shall report for the county or municipality to the Secretary of State and post on the county or municipal website, or if the county or municipality does not maintain such a website, a place of public prominence in the county or municipality, not later than 10:00 A.M. on each business day the number of persons to whom absentee ballots have been issued, the number of persons who have returned absentee ballots, and the number of absentee ballots that have been rejected. Additionally, on each day of an advance voting period, each county board of registrars or municipal absentee ballot clerk shall report to the Secretary of State and post on the county or municipal website, or if the county or municipality does not maintain such a website, a place of public prominence in the county or municipality, not later than 10:00 A.M. on each business day the number of persons who have voted at the advance voting sites in the county or municipality. During the absentee voting period and for a period of three days following a primary, election, or runoff, each county board of registrars or municipal absentee ballot clerk shall report to the Secretary of State and post on the county or municipal website, or if the county or municipality does not maintain such a website, a place of public prominence in the county or municipality, not later than 10:00

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A.M. on each business day the number of persons who have voted provisional ballots, the number of provisional ballots that have verified or cured and accepted for counting, and the number of provisional ballots that have been rejected."

SECTION 29. Said chapter is further amended by revising Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, rejection of ballot, delivery of ballots to manager, duties of managers, precinct returns, and notification of challenged elector, as follows:
"21-2-386. (a)(1)(A) The board of registrars or absentee ballot clerk shall keep safely, unopened, and stored in a manner that will prevent tampering and unauthorized access all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in this subsection. (B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the number of the elector's Georgia driver's license number or state identification card issued pursuant to Article 5 of Chapter 5 of Title 40 and date of birth entered on the absentee ballot envelope with the same information contained in the elector's voter registration records. If the elector has affirmed on the envelope that he or she does not have a Georgia driver's license or state identification card issued pursuant to Article 5 of Chapter 5 of Title 40, the registrar or clerk shall compare the last four digits of the elector's social security number and date of birth entered on the envelope with the same information contained in the elector's voter registration records. The registrar or clerk shall also confirm that the elector signed the oath and the person assisting the elector, if any, signed the required oath. If the elector has signed the elector's oath, the person assisting has signed the required oath, if applicable, and the identifying information entered on the absentee ballot envelope matches the same information contained in the elector's voter registration record, the registrar or clerk shall so certify by signing or initialing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar or clerk on the numbered list of absentee voters prepared for his or her precinct. (C) If the elector has failed to sign the oath, or if the identifying information entered on the absentee ballot envelope does not match the same information appearing in the elector's voter registration record, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least two years. Such elector shall

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have until the end of the period for verifying provisional ballots contained in subsection (c) of Code Section 21-2-419 to cure the problem resulting in the rejection of the ballot. The elector may cure a failure to sign the oath, nonmatching identifying information, or missing information by submitting an affidavit to the board of registrars or absentee ballot clerk along with a copy of one of the forms of identification enumerated in subsection (c) of Code Section 21-2-417 before the close of such period. The affidavit shall affirm that the ballot was submitted by the elector, is the elector's ballot, and that the elector is registered and qualified to vote in the primary, election, or runoff in question. If the board of registrars or absentee ballot clerk finds the affidavit and identification to be sufficient, the absentee ballot shall be counted. (D) An elector who registered to vote by mail, but did not comply with subsection (c) of Code Section 21-2-220, and who votes for the first time in this state by absentee ballot shall include with his or her application for an absentee ballot or in the outer oath envelope of his or her absentee ballot either one of the forms of identification listed in subsection (a) of Code Section 21-2-417 or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of such elector. If such elector does not provide any of the forms of identification listed in this subparagraph with his or her application for an absentee ballot or with the absentee ballot, such absentee ballot shall be deemed to be a provisional ballot and such ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in this subparagraph within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. The board of registrars or absentee ballot clerk shall promptly notify the elector that such ballot is deemed a provisional ballot and shall provide information on the types of identification needed and how and when such identification is to be submitted to the board of registrars or absentee ballot clerk to verify the ballot. (E) Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee voters and three copies of the numbered list of rejected absentee voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. (F) All absentee ballots returned to the board or absentee ballot clerk after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board or absentee ballot clerk and then transferred to the appropriate clerk for storage for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars or absentee ballot clerk shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary

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or election. All such late absentee ballots shall be delivered to the appropriate clerk and stored as provided in Code Section 21-2-390. (G) Notwithstanding any provision of this chapter to the contrary, until the United States Department of Defense notifies the Secretary of State that the Department of Defense has implemented a system of expedited absentee voting for those electors covered by this subparagraph, absentee ballots cast in a primary, election, or runoff by eligible absentee electors who reside outside the county or municipality in which the primary, election, or runoff is held and are members of the armed forces of the United States, members of the merchant marine of the United States, spouses or dependents of members of the armed forces or merchant marine residing with or accompanying such members, or overseas citizens that are postmarked by the date of such primary, election, or runoff and are received within the three-day period following such primary, election, or runoff, if proper in all other respects, shall be valid ballots and shall be counted and included in the certified election results. (2)(A) Beginning at 8:00 A.M. on the third Monday prior to the day of the primary, election, or runoff, the election superintendent shall be authorized to open the outer oath envelope of absentee ballots that have been verified and accepted pursuant to subparagraph (a)(1)(B) of this Code section, remove the contents of such outer envelope, open the inner envelope marked 'Official Absentee Ballot,' and scan the absentee ballot using one or more ballot scanners. At least three persons who are registrars, deputy registrars, poll workers, or absentee ballot clerks must be present before commencing; and three persons who are registrars, deputy registrars, or absentee ballot clerks shall be present at all times while the absentee ballot envelopes are being opened and the absentee ballots are being scanned. However, no person shall tally, tabulate, estimate, or attempt to tally, tabulate, or estimate or cause the ballot scanner or any other equipment to produce any tally or tabulate, partial or otherwise, of the absentee ballots cast until the time for the closing of the polls on the day of the primary, election, or runoff except as provided in this Code section. Prior to beginning the process set forth in this paragraph, the superintendent shall provide written notice to the Secretary of State in writing at least seven days prior to processing and scanning absentee ballots. Such notice shall contain the dates, start and end times, and location or locations where absentee ballots will be processed and scanned. The superintendent shall also post such notice publicly in a prominent location in the superintendent's office and on the home page of the county election superintendent's website, if the county election superintendent maintains such a website. The Secretary of State shall publish on his or her website the information he or she receives from superintendents stating the dates, times, and locations where absentee ballots will be processed. (B) The proceedings set forth in this paragraph shall be open to the view of the public, but no person except one employed and designated by the superintendent shall touch any ballot or ballot container. Any person involved in processing and scanning absentee ballots shall swear an oath, in the same form as the oath for poll officers

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provided in Code Section 21-2-95, prior to beginning the processing and scanning of absentee ballots. The county executive committee or, if there is no organized county executive committee, the state executive committee of each political party and political body having candidates whose names appear on the ballot for such election shall have the right to designate two persons and each independent and nonpartisan candidate whose name appears on the ballot for such election shall have the right to designate one person to act as monitors for such process. In the event that the only issue to be voted upon in an election is a referendum question, the superintendent shall also notify in writing the chief judge of the superior court of the county who shall appoint two electors of the county to monitor such process. While viewing or monitoring the process set forth in this paragraph, monitors and observers shall be prohibited from:
(i) In any way interfering with the processing or scanning of absentee ballots or the conduct of the election; (ii) Using or bringing into the room any photographic or other electronic monitoring or recording devices, cellular telephones, or computers; (iii) Engaging in any form of campaigning or campaign activity; (iv) Taking any action that endangers the secrecy and security of the ballots; (v) Touching any ballot or ballot container; (vi) Tallying, tabulating, estimating, or attempting to tally, tabulate, or estimate, whether partial or otherwise, any of the votes on the absentee ballots cast; and (vii) Communicating any information that they see while monitoring the processing and scanning of the absentee ballots, whether intentionally or inadvertently, about any ballot, vote, or selection to anyone other than an election official who needs such information to lawfully carry out his or her official duties. (C) The State Election Board shall promulgate rules requiring reconciliation procedures; prompt and undelayed scanning of ballots after absentee ballot envelopes are opened; secrecy of election results prior to the closing of the polls on the day of a primary, election, or runoff; and other protections to protect the integrity of the process set forth in this paragraph. (3) A county election superintendent may, in his or her discretion, after 7:00 A.M. on the day of the primary, election, or runoff begin tabulating the absentee ballots. If the county election superintendent chooses to open the inner envelopes and begin tabulating such ballots prior to the close of the polls on the day of the primary, election, or runoff, the superintendent shall notify in writing, at least seven days prior to the primary, election, or runoff, the Secretary of State of the superintendent's intent to begin the absentee ballot tabulation prior to the close of the polls. The county executive committee or, if there is no organized county executive committee, the state executive committee of each political party and political body having candidates whose names appear on the ballot for such election in such county shall have the right to designate two persons and each independent and nonpartisan candidate whose name appears on the ballot for such election in such county shall have the right to designate one person to act as monitors for

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such process. In the event that the only issue to be voted upon in an election is a referendum question, the superintendent shall also notify in writing the chief judge of the superior court of the county who shall appoint two electors of the county to monitor such process. (4) The county election superintendent shall publish a written notice in the superintendent's office of the superintendent's intent to begin the absentee ballot tabulation prior to the close of the polls and publish such notice at least one week prior to the primary, election, or runoff in the legal organ of the county. (5) The process for opening absentee ballot envelopes, scanning absentee ballots, and tabulating absentee ballots on the day of a primary, election, or runoff as provided in this subsection shall be conducted in a manner to maintain the secrecy of all ballots and to protect the disclosure of any balloting information before 7:00 P.M. on election day. No absentee ballots shall be tabulated before 7:00 A.M. on the day of a primary, election, or runoff. (6) All persons conducting the tabulation of absentee ballots during the day of a primary, election, or runoff, including the vote review panel required by Code Section 21-2-483, and all monitors and observers shall be sequestered until the time for the closing of the polls. All such persons shall have no contact with the news media; shall have no contact with other persons not involved in monitoring, observing, or conducting the tabulation; shall not use any type of communication device including radios, telephones, and cellular telephones; shall not utilize computers for the purpose of email, instant messaging, or other forms of communication; and shall not communicate any information concerning the tabulation until the time for the closing of the polls; provided, however, that supervisory and technical assistance personnel shall be permitted to enter and leave the area in which the tabulation is being conducted but shall not communicate any information concerning the tabulation to anyone other than the county election superintendent; the staff of the superintendent; those persons conducting, observing, or monitoring the tabulation; and those persons whose technical assistance is needed for the tabulation process to operate. (7) The absentee ballots shall be tabulated in accordance with the procedures of this chapter for the tabulation of absentee ballots. As such ballots are tabulated, they shall be placed into locked ballot boxes and may be transferred to locked ballot bags, if needed, for security. The persons conducting the tabulation of the absentee ballots shall not cause the tabulating equipment to produce any count, partial or otherwise, of the absentee votes cast until the time for the closing of the polls except as otherwise provided in this Code section. (b) When requested by the superintendent, but not earlier than the third Monday prior to a primary, election, or runoff, a registrar or absentee ballot clerk shall deliver the official absentee ballot of each certified absentee elector, each rejected absentee ballot, applications for such ballots, and copies of the numbered lists of certified and rejected absentee electors

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to the location designated by the superintendent, and the superintendent or official receiving such absentee ballots shall issue his or her receipt therefor. (c) The superintendent shall cause the verified and accepted absentee ballots to be opened and tabulated as provided in this Code section. A manager shall then open the outer envelope in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope marked 'Official Absentee Ballot' in a ballot box reserved for absentee ballots. In the event that an outer envelope is found to contain an absentee ballot that is not in an inner envelope, the ballot shall be sealed in an inner envelope, initialed and dated by the person sealing the inner envelope, and deposited in the ballot box and counted in the same manner as other absentee ballots, provided that such ballot is otherwise proper. Such manager with two assistant managers, appointed by the superintendent, with such clerks as the manager deems necessary shall count the absentee ballots following the procedures prescribed by this chapter for other ballots, insofar as practicable. (d) All absentee ballots shall be counted and tabulated in such a manner that returns may be reported by precinct; and separate returns shall be made for each precinct in which absentee ballots were cast showing the results by each precinct in which the electors reside. The superintendent shall utilize the procedures set forth in this Code section to ensure that the returns of verified and accepted absentee ballots cast are reported to the public as soon as possible following the closing of the polls on the day of the primary, election, or runoff. Failure to utilize these procedures to ensure that the returns of verified and accepted absentee ballots are reported as soon as possible following the close of polls shall subject the superintendent to sanctions by the State Election Board. If a superintendent fails to report the returns of verified and accepted absentee ballots by the day following the election at 5:00 P.M., the State Election Board may convene an independent performance review board pursuant to Code Section 21-2-107. (e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall write 'Challenged,' the elector's name, and the alleged cause of challenge on the outer envelope and shall deposit the ballot in a secure, sealed ballot box; and it shall be counted as other challenged ballots are counted. Where direct recording electronic voting systems are used for absentee balloting and a challenge to an elector's right to vote is made prior to the time that the elector votes, the elector shall vote on a paper or optical scanning ballot and such ballot shall be handled as provided in this subsection. The board of registrars or absentee ballot clerk shall promptly notify the elector of such challenge. (f) It shall be unlawful at any time prior to the close of the polls for any person to disclose or for any person to receive any information regarding the results of the tabulation of absentee ballots except as expressly provided by law."

SECTION 30. Said chapter is further amended in Code Section 21-2-390, relating to delivery of election materials to clerk of superior court or city clerk after primary or election and accounting for

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ballots by registrars or municipal absentee ballot clerks, by designating the existing text as subsection (a) and adding a new subsection to read as follows:
"(b) The Secretary of State shall be authorized to inspect and audit the information contained in the absentee ballot applications or envelopes at his or her discretion at any time during the 24 month retention period. Such audit may be conducted state wide or in selected counties or cities and may include the auditing of a statistically significant sample of the envelopes or a full audit of all of such envelopes. For this purpose, the Secretary of State or his or her authorized agents shall have access to such envelopes in the custody of the clerk of superior court or city clerk."

SECTION 31. Said chapter is further amended in Code Section 21-2-403, relating to time for opening and closing of polls, by redesignating the existing text as subsection (a) and adding a new subsection to read as follows:
"(b) Poll hours at a precinct may be extended only by order of a judge of the superior court of the county in which the precinct is located upon good cause shown by clear and convincing evidence that persons were unable to vote at that precinct during a specific period or periods of time. Poll hours shall not be extended longer than the total amount of time during which persons were unable to vote at such precinct. Any order extending poll hours at a precinct beyond 9:00 P.M. shall be by written order with specific findings of fact supporting such extension."

SECTION 32. Said chapter is further amended by revising subsections (c) and (e) of Code Section 21-2-408, relating to poll watchers, designation, duties, removal for interference with election, reports by poll watchers of infractions or irregularities, and ineligibility of candidates to serve as poll watchers, as follows:
"(c) In counties or municipalities using direct recording electronic (DRE) voting systems or optical scanning voting systems, each political party may appoint two poll watchers in each primary or election, each political body may appoint two poll watchers in each election, each nonpartisan candidate may appoint one poll watcher in each nonpartisan election, and each independent candidate may appoint one poll watcher in each election to serve in the locations designated by the superintendent within the tabulating center. Such designated locations shall include the check-in area, the computer room, the duplication area, and such other areas as the superintendent may deem necessary to the assurance of fair and honest procedures in the tabulating center. The locations designated by the superintendent shall ensure that each poll watcher can fairly observe the procedures set forth in this Code section. The poll watchers provided for in this subsection shall be appointed and serve in the same manner as other poll watchers." "(e) No person shall be appointed or be eligible to serve as a poll watcher in any primary or election in which such person is a candidate. No person shall be eligible to serve as a

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poll watcher unless he or she has completed training provided by the political party, political body, or candidate designating the poll watcher. Upon request, the Secretary of State shall make available material to each political party, political body, or candidate that can be utilized in such training but it shall be the responsibility of the political party, political body, or candidate designating the poll watcher to instruct poll watchers in their duties and in applicable laws and rules and regulations. Each political party, political body, or candidate shall, in their written designation of poll watchers, certify under oath that the named poll watchers have completed the training required by this Code section."

SECTION 33. Said chapter is further amended by revising subsections (a) and (e) of Code Section 21-2-414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, cellular phone use prohibited, prohibition of candidates from entering certain polling places, and penalty, as follows:
"(a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute or display any campaign material, nor shall any person give, offer to give, or participate in the giving of any money or gifts, including, but not limited to, food and drink, to an elector, nor shall any person solicit signatures for any petition, nor shall any person, other than election officials discharging their duties, establish or set up any tables or booths on any day in which ballots are being cast:
(1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. These restrictions shall not apply to conduct occurring in private offices or areas which cannot be seen or heard by such electors." "(e) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted or from making available self-service water from an unattended receptacle to an elector waiting in line to vote."

SECTION 34. Said chapter is further amended by revising subsections (a) and (b) of Code Section 21-2-418, relating to provisional ballots, as follows:
"(a) If a person presents himself or herself at a polling place, absentee polling place, or registration office in his or her county of residence in this state for the purpose of casting a ballot in a primary or election stating a good faith belief that he or she has timely registered to vote in such county of residence in such primary or election and the person's name does not appear on the list of registered electors, the person shall be entitled to cast

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a provisional ballot in his or her county of residence in this state as provided in this Code section. If the person presents himself or herself at a polling place in the county in which he or she is registered to vote, but not at the precinct at which he or she is registered to vote, the poll officials shall inform the person of the polling location for the precinct where such person is registered to vote. The poll officials shall also inform such person that any votes cast by a provisional ballot in the wrong precinct will not be counted unless it is cast after 5:00 P.M. and before the regular time for the closing of the polls on the day of the primary, election, or runoff and unless the person executes a sworn statement, witnessed by the poll official, stating that he or she is unable to vote at his or her correct polling place prior to the closing of the polls and giving the reason therefor. (b) Such person voting a provisional ballot shall complete an official voter registration form and a provisional ballot voting certificate which shall include information about the place, manner, and approximate date on which the person registered to vote. The person shall swear or affirm in writing that he or she previously registered to vote in such primary or election, is eligible to vote in such primary or election, has not voted previously in such primary or election, and meets the criteria for registering to vote in such primary or election. If the person is voting a provisional ballot in the county in which he or she is registered to vote but not at the precinct in which he or she is registered to vote during the period from 5:00 P.M. to the regular time for the closing of the polls on the day of the primary, election, or runoff, the person shall execute a sworn statement, witnessed by the poll official, stating that he or she is unable to vote at his or her correct polling place prior to the closing of the polls and giving the reason therefor. The form of the provisional ballot voting certificate shall be prescribed by the Secretary of State. The person shall also present the identification required by Code Section 21-2-417."

SECTION 35. Said chapter is further amended by revising Code Section 21-2-419, relating to validation of provisional ballots and reporting to Secretary of State, as follows:
"21-2-419. (a) A person shall cast a provisional ballot on the same type of ballot that is utilized by the county or municipality. Such provisional ballot shall be sealed in double envelopes as provided in Code Section 21-2-384 and shall be deposited by the person casting such ballot in a secure, sealed ballot box. (b) At the earliest time possible after the casting of a provisional ballot, but no later than the day after the primary or election in which such provisional ballot was cast, the board of registrars of the county or municipality, as the case may be, shall be notified by the election superintendent that provisional ballots were cast in the primary or election and the registrars shall be provided with the documents completed by the person casting the provisional ballot as provided in Code Section 21-2-418. Provisional ballots shall be securely maintained by the election superintendent until a determination has been made concerning their status. The board of registrars shall immediately examine the information

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contained on such documents and make a good faith effort to determine whether the person casting the provisional ballot was entitled to vote in the primary or election. Such good faith effort shall include a review of all available voter registration documentation, including registration information made available by the electors themselves and documentation of modifications or alterations of registration data showing changes to an elector's registration status. Additional sources of information may include, but are not limited to, information from the Department of Driver Services, Department of Family and Children Services, Department of Natural Resources, public libraries, or any other agency of government including, but not limited to, other county election and registration offices.
(c)(1) If the registrars determine after the polls close, but not later than three days following the primary or election, that the person casting the provisional ballot timely registered to vote and was eligible and entitled to vote in the precinct in which he or she voted in such primary or election, the registrars shall notify the election superintendent and the provisional ballot shall be counted and included in the county's or municipality's certified election results. (2) If the registrars determine after the polls close, but not later than three days following the primary or election, that the person voting the provisional ballot timely registered and was eligible and entitled to vote in the primary or election but voted in the wrong precinct, then the board of registrars shall notify the election superintendent only if such person voted between the hours of 5:00 P.M. and the regular time for the closing of the polls on the day of the primary, election, or runoff and provided the sworn statement required by subsection (b) of Code Section 21-2-418. The superintendent shall count such person's votes which were cast for candidates in those races for which the person was entitled to vote but shall not count the votes cast for candidates in those races in which such person was not entitled to vote. The superintendent shall order the proper election official at the tabulating center or precinct to prepare an accurate duplicate ballot containing only those votes cast by such person in those races in which such person was entitled to vote for processing at the tabulating center or precinct, which shall be verified in the presence of a witness. Such duplicate ballot shall be clearly labeled with the word 'Duplicate,' shall bear the designation of the polling place, and shall be given the same serial number as the original ballot. The original ballot shall be retained and the sworn statement required by subsection (b) of Code Section 21-2-418 shall be transmitted to the Secretary of State with the certification documents required by paragraph (4) of subsection (a) of Code Section 21-2-497 and such statement shall be reviewed by the State Election Board. (3) If the registrars determine that the person casting the provisional ballot did not timely register to vote or was not eligible or entitled to vote in the precinct in which he or she voted in such primary or election or shall be unable to determine within three days following such primary or election whether such person timely registered to vote and was eligible and entitled to vote in such primary or election, the registrars shall so notify the election superintendent and such ballot shall not be counted. The election superintendent

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shall mark or otherwise document that such ballot was not counted and shall deliver and store such ballots with all other ballots and election materials as provided in Code Section 21-2-500. (d)(1) At the earliest time possible after a determination is made regarding a provisional ballot, the board of registrars shall notify in writing those persons whose provisional ballots were not counted that their ballots were not counted because of the inability of the registrars to verify that the persons timely registered to vote or other proper reason. The registrars shall process the official voter registration form completed by such persons pursuant to Code Section 21-2-418 and shall add such persons to the electors list if found qualified. (2) At the earliest time possible after a determination is made regarding a provisional ballot, the board of registrars shall notify in writing those electors who voted in the wrong precinct and whose votes were partially counted of their correct precinct. (e) The board of registrars shall complete a report in a form designated by the Secretary of State indicating the number of provisional ballots cast and counted in the primary or election."

SECTION 36. Said chapter is further amended in Part 1 of Article 11, relating to general provisions regarding preparation for and conduct of primaries and elections, by adding new Code sections to read as follows:
"21-2-420. (a) After the time for the closing of the polls and the last elector voting, the poll officials in each precinct shall complete the required accounting and related documentation for the precinct and shall advise the election superintendent of the total number of ballots cast at such precinct and the total number of provisional ballots cast. The chief manager and at least one assistant manager shall post a copy of the tabulated results for the precinct on the door of the precinct and then immediately deliver all required documentation and election materials to the election superintendent. The election superintendent shall then ensure that such ballots are processed, counted, and tabulated as soon as possible and shall not cease such count and tabulation until all such ballots are counted and tabulated. (b) The election superintendent shall ensure that each precinct notifies the election superintendent of the number of ballots cast and number of provisional ballots cast as soon as possible after the time for the closing of the polls and the last elector votes. The election superintendent shall post such information publicly. The State Election Board shall promulgate rules and regulations regarding how such information shall be publicly posted to ensure transparency, accuracy, and security.

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21-2-421. (a) As soon as possible but not later than 10:00 P.M. following the close of the polls on the day of a primary, election, or runoff, the election superintendent shall report to the Secretary of State and post in a prominent public place the following information:
(1) The number of ballots cast at the polls on the day of the primary, election, or runoff, including provisional ballots cast; (2) The number of ballots cast at advance voting locations during the advance voting period for the primary, election, or runoff; and (3) The total number of absentee ballots returned to the board of registrars by the deadline to receive such absentee ballots on the day of the primary, election, or runoff. (b) Upon the completion of the report provided for in subsection (a) of this Code section, the election superintendent shall compare the total number of ballots received as reported in subsection (a) of this Code section and the counting of the ballots in the primary, election, or runoff minus any rejected and uncured absentee ballots, uncounted provisional ballots, and any other uncounted ballots, with the total number of ballots cast in the primary, election, or runoff. The results of such comparison and all explanatory materials shall be reported to the Secretary of State. The reason for any discrepancy shall be fully investigated and reported to the Secretary of State."

SECTION 37. Said chapter is further amended by revising subsections (a) and (d) of Code Section 21-2-437, relating to procedure as to count and return of votes generally and void ballots, as follows:
"(a) After the polls close and as soon as all the ballots have been properly accounted for and those outside the ballot box as well as the voter's certificates, numbered list of voters, and electors list have been sealed, the poll officers shall open the ballot box and take therefrom all ballots contained therein. In primaries in which more than one ballot box is used, any ballots or stubs belonging to another party holding its primary in the same polling place shall be returned to the ballot box for the party for which they were issued. In primaries, separate tally and return sheets shall be prepared for each party, and separate poll officers shall be designated by the chief manager to count and tally each party's ballot. Where the same ballot box is being used by one or more parties, the ballots and stubs shall first be divided by party before being tallied and counted. The ballots shall then be counted one by one and a record made of the total number. Then the chief manager, together with such assistant managers and other poll officers as the chief manager may designate, under the scrutiny of one of the assistant managers and in the presence of the other poll officers, shall read aloud the names of the candidates marked or written upon each ballot, together with the office for which the person named is a candidate, and the answers contained on the ballots to the questions submitted, if any; and the other assistant manager and clerks shall carefully enter each vote as read and keep account of the same in ink on a sufficient number of tally papers, all of which shall be made at the same time. All ballots, after being

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removed from the box, shall be kept within the unobstructed view of all persons in the voting room until replaced in the box. No person, while handling the ballots, shall have in his or her hand any pencil, pen, stamp, or other means of marking or spoiling any ballot. The poll officers shall immediately proceed to canvass and compute the votes cast and shall not adjourn or postpone the canvass or computation until it shall have been fully completed." "(d) Any ballot marked so as to identify the voter shall be void and not counted, except a ballot cast by a challenged elector whose name appears on the electors list; such challenged vote shall be counted as prima facie valid but may be voided in the event of an election contest. Any ballot marked by anything but pen or pencil shall be void and not counted. Any erasure, mutilation, or defect in the vote for any candidate shall render void the vote for such candidate but shall not invalidate the votes cast on the remainder of the ballot, if otherwise properly marked. If an elector shall mark his or her ballot for more persons for any nomination or office than there are candidates to be voted for such nomination or office, or if, for any reason, it may be impossible to determine his or her choice for any nomination or office, his or her ballot shall not be counted for such nomination or office; but the ballot shall be counted for all nominations or offices for which it is properly marked. Unmarked ballots or ballots improperly or defectively marked so that the whole ballot is void shall be set aside and shall be preserved with other ballots. In primaries, votes cast for candidates who have died, withdrawn, or been disqualified shall be void and shall not be counted. Except as provided in subsection (g) of Code Section 21-2-134 regarding nonpartisan elections, in elections, votes for candidates who have died or been disqualified shall be void and shall not be counted."

SECTION 38. Said chapter is further amended by revising subsection (a) of Code Section 21-2-438, relating to ballots identifying voter, not marked, or improperly marked declared void, as follows:
"(a) Any ballot marked so as to identify the voter shall be void and not counted, except a ballot cast by a challenged elector whose name appears on the electors list; such challenged vote shall be counted as prima facie valid but may be voided in the event of an election contest. Any ballot marked by anything but pen or pencil shall be void and not counted. Any erasure, mutilation, or defect in the vote for any candidate shall render void the vote for such candidate but shall not invalidate the votes cast on the remainder of the ballot, if otherwise properly marked. If an elector shall mark his or her ballot for more persons for any nomination or office than there are candidates to be voted for such nomination or office, or if, for any reason, it may be impossible to determine his or her choice for any nomination or office, his or her ballot shall not be counted for such nomination or office; but the ballot shall be counted for all nominations or offices for which it is properly marked. Ballots not marked or improperly or defectively marked so that the whole ballot is void shall be set aside and shall be preserved with the other ballots. In primaries, votes cast for candidates who have died, withdrawn, or been disqualified shall be void and shall

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not be counted. Except as provided in subsection (g) of Code Section 21-2-134 regarding nonpartisan elections, in elections, votes for candidates who have died or been disqualified shall be void and shall not be counted."

SECTION 38A. Said chapter is further amended by revising subsection (a) of Code Section 21-2-480, relating to caption for ballots, party designations, and form and arrangement, as follows:
"(a) At the top of each ballot for an election in a precinct using optical scanning voting equipment shall be printed in prominent type the words 'OFFICIAL BALLOT,' followed by the name and designation of the precinct for which it is prepared and the name and date of the election."

SECTION 38B. Said chapter is further amended by revising Code Section 21-2-482, relating to absentee ballots for precincts using optical scanning voting equipment, as follows:
"21-2-482. Ballots in a precinct using optical scanning voting equipment for voting by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars as provided in Code Section 21-2-384. Such ballots shall be marked 'Official Absentee Ballot' and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in counties or municipalities using voting machines, direct recording electronic (DRE) units, or ballot scanners, the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter or in such form as will allow the ballot to be machine tabulated. Every such ballot shall have printed on the face thereof the following:
'I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.' The form for either ballot shall be determined and prescribed by the Secretary of State and shall have printed at the top the name and designation of the precinct."

SECTION 39. Said chapter is further amended by revising subsection (f) of Code Section 21-2-483, relating to counting of ballots, public accessibility to tabulating center and precincts, execution of ballot recap forms, and preparation of duplicate ballots, as follows:
"(f) If it appears that a ballot is so torn, bent, or otherwise defective that it cannot be processed by the tabulating machine, the superintendent, in his or her discretion, may order a duplication panel to prepare a true duplicate copy for processing. In a partisan election, the duplication panel shall be composed of the election superintendent or a designee thereof and one person appointed by the county executive committee of each political party having candidates whose names appear on the ballot for such election, provided that, if there is no

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organized county executive committee for a political party, the person shall be appointed by the state executive committee of the political party. In a nonpartisan election or an election involving only the presentation of a question to the electors, the duplication panel shall be composed of the election superintendent or a designee thereof and two electors of the county or municipality. In the case of a nonpartisan county or municipal election or an election involving only the presentation of a question to the electors, the two elector members of the panel shall be appointed by the chief judge of the superior court of the county or municipality in which the election is held. In the case of a municipality which is located in more than one county, the two elector members of the panel shall be appointed by the chief judge of the superior court of the county in which the city hall of the municipality is located. The election superintendent may create multiple duplication panels to handle the processing of such ballots more efficiently. All duplicate ballots shall be clearly labeled by the word 'duplicate,' shall bear the designation of the polling place, and shall contain a unique number that will allow such duplicate ballot to be linked back to the original ballot. The defective ballot shall be retained."

SECTION 40. Said chapter is further amended by revising Code Section 21-2-492, relating to computation and canvassing of returns, notice of when and where returns will be computed and canvassed, blank forms for making statements of returns, and swearing of assistants, as follows:
"21-2-492. The superintendent shall arrange for the computation and canvassing of the returns of votes cast at each primary and election at his or her office or at some other convenient public place at the county seat or municipality following the close of the polls on the day of such primary or election with accommodations for those present insofar as space permits. An interested candidate or his or her representative shall be permitted to keep or check his or her own computation of the votes cast in the several precincts as the returns from the same are read, as directed in this article. The superintendent shall give at least one week's notice prior to the primary or election by publishing same in a conspicuous place in the superintendent's office, of the place where he or she will commence and hold his or her sessions for the computation and canvassing of the returns; and he or she shall keep copies of such notice posted in his or her office during such period. The superintendent shall procure a sufficient number of blank forms of returns made out in the proper manner and headed as the nature of the primary or election may require, for making out full and fair statements of all votes which shall have been cast within the county or any precinct therein, according to the returns from the several precincts thereof, for any person voted for therein, or upon any question voted upon therein. The assistants of the superintendent in the computation and canvassing of the votes shall be first sworn by the superintendent to perform their duties impartially and not to read, write, count, or certify any return or vote in a false or fraudulent manner."

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SECTION 41. Said chapter is further amended by revising subsections (a) and (k) of Code Section 21-2-493, relating to computation, canvassing, and tabulation of returns, investigation of discrepancies in vote counts, recount procedure, certification of returns, and change in returns, and adding a new subsection to read as follows:
"(a) The superintendent shall, after the close of the polls on the day of a primary or election, at his or her office or at some other convenient public place at the county seat or in the municipality, of which due notice shall have been given as provided by Code Section 21-2-492, publicly commence the computation and canvassing of the returns and continue until all absentee ballots received by the close of the polls, including those cast by advance voting, and all ballots cast on the day of the primary or election have been counted and tabulated and the results of such tabulation released to the public and, then, continuing with provisional ballots as provided in Code Sections 21-2-418 and 21-2-419 and those absentee ballots as provided in subparagraph (a)(1)(G) of Code Section 21-2-386 from day to day until completed. For this purpose, the superintendent may organize his or her assistants into sections, each of whom may simultaneously proceed with the computation and canvassing of the returns from various precincts of the county or municipality in the manner provided by this Code section. Upon the completion of such computation and canvassing, the superintendent shall tabulate the figures for the entire county or municipality and sign, announce, and attest the same, as required by this Code section." "(j.1) The Secretary of State shall create a pilot program for the posting of digital images of the scanned paper ballots created by the voting system. (k) As the returns from each precinct are read, computed, and found to be correct or corrected as aforesaid, they shall be recorded on the blanks prepared for the purpose until all the returns from the various precincts which are entitled to be counted shall have been duly recorded; then they shall be added together, announced, and attested by the assistants who made and computed the entries respectively and shall be signed by the superintendent. The consolidated returns shall then be certified by the superintendent in the manner required by this chapter. Such returns shall be certified by the superintendent not later than 5:00 P.M. on the Monday following the date on which such election was held and such returns shall be immediately transmitted to the Secretary of State."

SECTION 42. Said chapter is further amended by revising Code Section 21-2-501, relating to number of votes required for election, as follows:
"21-2-501. (a)(1) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or special primary or elected to public office in any election or special election or shall take or be sworn into such elected public office unless such candidate shall have received a majority of the votes cast to fill such

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nomination or public office. In instances where no candidate receives a majority of the votes cast, a run-off primary, special primary runoff, run-off election, or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such runoff shall be held on the twenty-eighth day after the day of holding the preceding general or special primary or general or special election. (2) If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. (3) The candidate receiving the highest number of the votes cast in such run-off primary, special primary runoff, run-off election, or special election runoff to fill the nomination or public office sought shall be declared the winner. (4) The name of a write-in candidate eligible for election in a runoff shall be printed on the election or special election run-off ballot in the independent column. (5) The run-off primary, special primary runoff, run-off election, or special election runoff shall be a continuation of the primary, special primary, election, or special election for the particular office concerned. Only the electors who are duly registered to vote and not subsequently deemed disqualified to vote in the runoff for candidates for that particular office shall be entitled to vote therein, and only those votes cast for the persons designated as candidates in such run-off primary, special primary runoff, run-off election, or special election runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary or special primary runoff in violation of Code Section 21-2-224. (b) For the purposes of this subsection, the word 'plurality' shall mean the receiving by one candidate alone of the highest number of votes cast. If the municipal charter or ordinances of a municipality as now existing or as amended subsequent to September 1, 1968, provide that a candidate may be nominated or elected by a plurality of the votes cast to fill such nomination or public office, such provision shall prevail. Otherwise, no municipal candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. (c) In instances in which no municipal candidate receives a majority of the votes cast and the municipal charter or ordinances do not provide for nomination or election by a plurality vote, a run-off primary or election shall be held between the candidates receiving the two highest numbers of votes. Such runoff shall be held on the twenty-eighth day after the day of holding the first primary or election, unless such run-off date is postponed by court order. No elector shall vote in a run-off primary in violation of Code Section 21-2-216. The run-off primary or election shall be a continuation of the first primary or election, and only those votes cast for the candidates receiving the two highest numbers of votes in the first primary or election shall be counted. No write-in votes may be cast in such a primary, run-off primary, or run-off election. If any candidate eligible to be in a runoff withdraws,

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dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in such runoff. The municipal candidate receiving the highest number of the votes cast in such run-off primary or run-off election to fill the nomination or public office sought shall be declared the winner. The municipality shall give written notice to the Secretary of State of such runoff as soon as such municipality certifies the preceding primary, special primary, election, or special election. (d) The name of a municipal write-in candidate eligible for election in a municipal runoff shall be printed on the municipal run-off election ballot in the independent column. (e) In all cities having a population in excess of 100,000 according to the United States decennial census of 1980 or any future such census, in order for a municipal candidate to be nominated for public office in any primary or elected to public office in any municipal election, he or she must receive a majority of the votes cast. (f) Except for presidential electors, to be elected to public office in a general election, a candidate must receive a majority of the votes cast in an election to fill such public office. To be elected to the office of presidential electors, no slate of candidates shall be required to receive a majority of the votes cast, but that slate of candidates shall be elected to such office which receives the highest number of votes cast."

SECTION 43. Said chapter is further amended by revising Code Section 21-2-540, relating to conduct of special elections generally, as follows:
"21-2-540. (a)(1) Every special primary and special election shall be held and conducted in all respects in accordance with the provisions of this chapter relating to general primaries and general elections; and the provisions of this chapter relating to general primaries and general elections shall apply thereto insofar as practicable and as not inconsistent with any other provisions of this chapter. All special primaries and special elections held at the time of a general primary, as provided by Code Section 21-2-541, shall be conducted by the poll officers by the use of the same equipment and facilities, insofar as practicable, as are used for such general primary. All special primaries and special elections held at the time of a general election, as provided by Code Section 21-2-541, shall be conducted by the poll officers by the use of the same equipment and facilities, insofar as practicable, as are used for such general election. (2) If a vacancy occurs in a partisan office to which the Governor is authorized to appoint an individual to serve until the next general election, a special primary shall precede the special election.
(b) At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. The period during which candidates may qualify to run in a special primary or a special election shall remain open for a minimum of two and one-half days. Special primaries and special elections which are to be held in conjunction with the

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presidential preference primary, a state-wide general primary, or state-wide general election shall be called at least 90 days prior to the date of such presidential preference primary, state-wide general primary, or state-wide general election; provided, however, that this requirement shall not apply to special primaries and special elections held on the same date as such presidential preference primary, state-wide general primary, or state-wide general election but conducted completely separate and apart from such state-wide general primary or state-wide general election using different ballots or voting equipment, facilities, poll workers, and paperwork.
(c)(1) Notwithstanding any other provision of law to the contrary, a special primary or special election to fill a vacancy in a county or municipal office shall be held only on one of the following dates which is at least 29 days after the date of the call for the special election:
(A) In odd-numbered years, any such special primary or special election shall only be held on:
(i) The third Tuesday in March; (ii) The third Tuesday in June; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November; and (B) In even-numbered years, any such special primary or special election shall only be held on: (i) The third Tuesday in March; provided, however, that in the event that a special primary or special election is to be held under this provision in a year in which a presidential preference primary is to be held, then any such special primary or special election shall be held on the date of and in conjunction with the presidential preference primary; (ii) The date of the general primary; or (iii) The Tuesday after the first Monday in November; provided, however, that, in the event that a special primary or special election to fill a federal or state office on a date other than the dates provided in this paragraph has been scheduled and it is possible to hold a special primary or special election to fill a vacancy in a county, municipal, or school board office in conjunction with such special primary or special election to fill a federal or state office, the special primary or special election to fill such county, municipal, or school board office may be held on the date of and in conjunction with such special primary or special election to fill such federal or state office, provided all other provisions of law regarding such primaries and elections are met. (2) Notwithstanding any other provision of law to the contrary, a special election to present a question to the voters shall be held only on one of the following dates which is at least 29 days after the date of the call for the special election: (A) In odd-numbered years, any such special election shall only be held on the third Tuesday in March or on the Tuesday after the first Monday in November; and

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(B) In even-numbered years, any such special election shall only be held on: (i) The date of and in conjunction with the presidential preference primary if one is held that year; (ii) The date of the general primary; or (iii) The Tuesday after the first Monday in November.
(3) The provisions of this subsection shall not apply to: (A) Special elections held pursuant to Chapter 4 of this title, the 'Recall Act of 1989,' to recall a public officer or to fill a vacancy in a public office caused by a recall election; and (B) Special primaries or special elections to fill vacancies in federal or state public offices.
(d) Except as otherwise provided by this chapter, the superintendent of each county or municipality shall publish the call of the special primary or special election.
(e)(1) Candidates in special elections for partisan offices that are not preceded by special primaries shall be listed alphabetically on the ballot and may choose to designate on the ballot their party affiliation. The party affiliation selected by a candidate shall not be changed following the close of qualifying. (2) Candidates in special primaries shall be listed alphabetically on the ballot."

SECTION 44. Said chapter is further amended by revising subsection (b) of Code Section 21-2-541, relating to holding of special primary or election at time of general primary or election and inclusion of candidates and questions in special primary or election on ballot, as follows:
"(b) If the times specified for the closing of the registration list for a special primary or special election are the same as those for a general primary or general election, the candidates and questions in such special primary or special election shall be included on the ballot for such general primary or general election. In such an instance, the name of the office and the candidates in such special primary or special election shall appear on the ballot in the position where such names would ordinarily appear if such contest was a general primary or general election."

SECTION 45. Said chapter is further amended by revising Code Section 21-2-542, relating to special election for United States senator vacancy and temporary appointment by Governor, as follows:
"21-2-542. Whenever a vacancy shall occur in the representation of this state in the Senate of the United States, such vacancy shall be filled for the unexpired term by the vote of the electors of the state at a special primary to be held at the time of the next general primary followed by a special election to be held at the time of the next November state-wide general election, occurring at least 40 days after the occurrence of such vacancy; and it shall be the

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duty of the Governor to issue his or her proclamation for such special primary and special election. Until such time as the vacancy shall be filled by an election as provided in this Code section, the Governor may make a temporary appointment to fill such vacancy."

SECTION 46. Said chapter is further amended in Article 14, relating to special elections and primaries generally and municipal terms of office, by adding a new Code section to read as follows:
"21-2-546. Notwithstanding any other law to the contrary, in each county in this state in which there is a civil and magistrate court established by local Act of the General Assembly, vacancies in the office of chief judge of such court caused by death, retirement, resignation, or otherwise shall be filled by the appointment of a qualified person by the Governor to serve until a successor is duly elected and qualified and until January 1 of the year following the next general election which is more than six months following such person's appointment."

SECTION 47. Said chapter is further amended by revising subsection (a) of Code Section 21-2-568, relating to entry into voting compartment or booth while another voting, interfering with elector, inducing elector to reveal or revealing elector's vote, and influencing voter while assisting, as follows:
"(a) Any person who knowingly: (1) Goes into the voting compartment or voting machine booth while another is voting or marks the ballot or registers the vote for another, except in strict accordance with this chapter; (2) Interferes with any elector marking his or her ballot or registering his or her vote; (3) Attempts to induce any elector to show how he or she marks or has marked his or her ballot; (4) Discloses to anyone how another elector voted, without said elector's consent, except when required to do so in any legal proceeding; or (5) Accepts an absentee ballot from an elector for delivery or return to the board of registrars except as authorized by subsection (a) of Code Section 21-2-385
shall be guilty of a felony."

SECTION 48. Said chapter is further amended in Article 15, relating to miscellaneous offenses, by adding new Code sections to read as follows:
"21-2-568.1. (a) Except while providing authorized assistance in voting under Code Section 21-2-409 and except for children authorized to be in the enclosed space under subsection (f) of Code Section 21-2-413, no person shall intentionally observe an elector while casting a ballot in a manner that would allow such person to see for whom or what the elector is voting.

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(b) Any person who violates the provisions of subsection (a) of this Code section shall be guilty of a felony.

21-2-568.2. (a) It shall be illegal for any person to use photographic or other electronic monitoring or recording devices, cameras, or cellular telephones, except as authorized by law, to:
(1) Photograph or record the face of an electronic ballot marker while a ballot is being voted or while an elector's votes are displayed on such electronic ballot marker; or (2) Photograph or record a voted ballot. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor."

SECTION 49. Chapter 35 of Title 36 of the Official Code of Georgia Annotated, relating to home rule powers, is amended by revising subsection (a) of Code Section 36-35-4.1, relating to reapportionment of election districts for municipal elections, as follows:
"(a) Subject to the limitations provided by this Code section, the governing authority of any municipal corporation is authorized to reapportion the election districts from which members of the municipal governing authority are elected following publication of the United States decennial census of 1980 or any future such census. Such reapportionment of districts shall be effective for the election of members to the municipal governing authority at the next regular general municipal election following the publication of the decennial census; provided, however, that, if the publication of the decennial census occurs within 120 days of the next general or special municipal election, such reapportionment of districts shall be effective for any subsequent special election and the subsequent general municipal election."

SECTION 50. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising subsection (b) of Code Section 50-13-4, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitation on action to contest rule, and legislative override, as follows:
"(b) If any agency finds that an imminent peril to the public health, safety, or welfare, including but not limited to, summary processes such as quarantines, contrabands, seizures, and the like authorized by law without notice, requires adoption of a rule upon fewer than 30 days' notice and states in writing its reasons for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice and hearing that it finds practicable to adopt an emergency rule. Any such rule adopted relative to a public health emergency shall be submitted as promptly as reasonably practicable to the House of Representatives and Senate Committees on Judiciary, provided that any such rule adopted relative to a state of emergency by the State Election Board shall be submitted as soon as practicable but not

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later than 20 days prior to the rule taking effect. Any emergency rule adopted by the State Election Board pursuant to the provisions of this subsection may be suspended upon the majority vote of the House of Representatives or Senate Committees on Judiciary within ten days of the receipt of such rule by the committees. The rule may be effective for a period of not longer than 120 days but the adoption of an identical rule under paragraphs (1) and (2) of subsection (a) of this Code section is not precluded; provided, however, that such a rule adopted pursuant to discharge of responsibility under an executive order declaring a state of emergency or disaster exists as a result of a public health emergency, as defined in Code Section 38-3-3, shall be effective for the duration of the emergency or disaster and for a period of not more than 120 days thereafter."

SECTION 51. Said title is further amended in Code Section 50-18-71, relating to right of access to public records, timing, fees, denial of requests, and impact of electronic records, by adding a new subsection to read as follows:
"(k) Scanned ballot images created by a voting system authorized by Chapter 2 of Title 21 shall be public records subject to disclosure under this article."

SECTION 52. (a) Sections 21, 23, 25, 27, 28, and 29 of this Act shall become effective on July 1, 2021. (b) All other sections of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 53. All laws and parts of laws in conflict with this Act are repealed.

Approved March 25, 2021.

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COURTS SHERIFFS; COMPENSATION.

No. 10 (House Bill No. 129).

AN ACT

To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding sheriffs, so as to modify certain provisions regarding the compensation received by certain sheriffs; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding sheriffs, is amended by revising paragraph (1) of subsection (a) of Code Section 15-16-20, relating to minimum annual salaries for sheriffs, as follows:
"(a)(1) Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 2010 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 in such year that is higher than the immediately preceding decennial census. Except as otherwise provided in paragraph (2) of this subsection, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of the sheriff's county, of not less than the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,132.72

6,000 - 11,889. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55,952.37

11,890 - 19,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64,255.19

20,000 - 28,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70,753.11

29,000 - 38,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77,294.36

39,000 - 49,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83,750.51

50,000 - 74,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90,246.74

75,000 - 99,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93,314.37

100,000 - 149,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96,381.99

150,000 - 199,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99,812.27

200,000 - 249,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103,266.39

250,000 - 299,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113,005.67

300,000 - 399,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126,199.09

400,000 - 499,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131,099.43

500,000 or more.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136,011.72"

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

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

Approved April 1, 2021.

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STATE GOVERNMENT PECAN AS THE OFFICIAL STATE NUT; ESTABLISHES.

No. 13 (Senate Bill No. 222).

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 pecan as the official state nut; 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:
"50-3-91. (a)(1) The pecan is the only edible nut native to North America and is this country's most successful homegrown tree nut crop. It is known for its health benefits; scientists have discovered that pecans' golden kernels are good for the heart, with antioxidants and cholesterol lowering effects. The pecan traces its origins back to the 16th century, and the name 'pecan' is derived from the Native American word 'pacane' that translates as 'nut requiring a stone to crack.' (2) The domestication of the pecan is attributed in large part to a Louisiana plantation slave known as Antoine, a master gardener who developed a method of grafting that led to the birth of the commercial pecan industry. By 1920, Georgia was producing 2.5 million pounds of pecans; half a century later, the Georgia nut had grown so iconic that organizers for the 1996 Olympics crafted Muhammad Ali's torch handle out of pecan wood. Pecan wood is also used for barbecuing, which is a Southern tradition. Pecans remained a local commodity for a long time, enjoyed mainly in the South, but global

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demand for them has skyrocketed in the last decade, including the emerging marketplace in China where nuts are considered a delicacy. In 2015, Georgia farmers produced 37 percent of pecans grown in the United States and, despite hurricanes and tariffs, Georgia continues to be regarded as the top pecan producing state, with over 170,000 acres planted and many more acres being planted every year. (3) Pecans can be enjoyed raw, roasted, or flavored and can be incorporated into gourmet cooking through countless recipes, such as pecan pie, pralines, brittle, and candies. Public recognition and demand for Georgia Grown branded products have increased significantly due in large part to the many Georgia Grown pecan growers and processors who promote this state's homegrown products and agritourism sites. People throughout the nation and world associate Georgia with the pecan, and appropriate Georgia recognition of pecans will help promote tourism in the state. (b) The pecan is designated as the official Georgia state nut."

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

Approved April 9, 2021.

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MOTOR VEHICLES AND TRAFFIC FARM TRACTORS; USE ON ROADS.

No. 14 (House Bill No. 693).

AN ACT

To amend Part 1B of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to operation of farm use vehicle, so as to prohibit operation of farm tractors on interstate highways; to provide for an exception; to provide for operation of farm tractors on state and local roadways; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1B of Article 13 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to operation of farm use vehicle, is amended by adding a new Code section to read as follows:

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"40-6-308. (a) As used in this Code section, the term:
(1) 'Farm tractor' means every motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing machines, and other implements of husbandry. (2) 'Implement of husbandry' means every device, whether it is self-propelled or not, designed and adapted so as to be used exclusively for agricultural, horticultural, or livestock-raising operations or for lifting or carrying an implement of husbandry and, in either case, not subject to registration if operated upon the highways. (b) Farm tractors, except trailers and semitrailers operated in accordance with statutory limits or provisions of Code Sections 32-6-24 and 40-8-50, shall not be permitted to travel upon any highway in this state which is a part of The Dwight D. Eisenhower System of Interstate and Defense Highways, provided that the Department of Public Safety shall have the authority to permit such travel in certain geographic areas of the state as deemed necessary. Farm tractors or implements may be operated on any state or local roadway in this state if the operator complies with Code Section 40-8-4 and has taken reasonable steps to reduce the width of the farm tractor or implement as provided for by the manufacturer. Whenever the width of a farm tractor or implement of husbandry exceeds the width of that portion of a roadway on which the farm tractor or implement is driven, which is marked as a single lane of traffic, or, if the roadway has not been marked for lanes of traffic and the width of the farm tractor or implement exceeds more than 50 percent of the width of the roadway, the operator shall move the farm tractor or implement, as soon as possible, as far to the right-hand side of the roadway as is practicable and safe upon approach of any oncoming or following vehicle and upon approaching the crest of a hill. (c) Upon the immediate approach of a farm tractor or implement of husbandry which cannot be moved by the operator thereof to the far right-hand side of the roadway in compliance with subsection (b) of this Code section, due to the existence of any bridge or guardrail, sign, or any other physical impediment which would not safely allow such tractor or implement to travel on the far right-hand side of the road, the driver of every other vehicle shall yield the right-of-way and shall immediately pull over to the far right-hand side of the road and remain in such position until the farm tractor or implement has passed. (d) This Code section shall not operate to relieve any operator of a farm tractor or implement of husbandry from the duty to drive with due regard for the safety of all persons using the roadway."

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

Approved April 9, 2021.

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CRIMES AND OFFENSES SEXUAL BATTERY; AGGRAVATED SEXUAL BATTERY; CONSENT OF VICTIM UNDER 16 YEARS OF AGE NOT A DEFENSE.

No. 16 (House Bill No. 258).

AN ACT

To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide a response to State v. Williams, 2020 Ga. LEXIS 85 (February 10, 2020); to provide that when an alleged victim is under the age of 16 years, consent of the alleged victim shall not be a defense to a prosecution for sexual battery or for aggravated sexual battery; to make conforming changes; 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 in Code Section 16-6-22.1, relating to sexual battery, by adding a new subsection to read as follows:
"(f) When the alleged victim is under the age of 16 years and the conduct is for the purpose of sexual arousal on the part of the alleged offender or alleged victim, consent of the alleged victim shall not be a defense to a prosecution under this Code section; provided, however, that if at the time of the offense the alleged victim is at least 13 but less than 16 years of age and the accused is 18 years of age or younger and no more than 48 months older than the alleged victim, this subsection shall not be applicable."

SECTION 2. Said chapter is further amended in Code Section 16-6-22.2, relating to aggravated sexual battery, by adding a new subsection to read as follows:
"(d) When the alleged victim is under the age of 16 years and the conduct is for the purpose of sexual arousal on the part of the alleged offender or alleged victim, consent of the alleged victim shall not be a defense to a prosecution under this Code section; provided, however, that if at the time of the offense the alleged victim is at least 13 but less than 16 years of age and the accused is 18 years of age or younger and no more than 48 months older than the alleged victim, this subsection shall not be applicable."

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

Approved April 21, 2021.

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STATE GOVERNMENT DAYLIGHT SAVINGS TIME; REQUIRES YEAR-ROUND OBSERVATION.

No. 17 (Senate Bill No. 100).

AN ACT

To amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to provide that this state shall observe daylight savings time year round; to provide for contingent effectiveness; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, is amended by adding a new Code section to read as follows:
"50-1-10. (a) This state, including all political subdivisions thereof, shall observe daylight savings time year round as the standard time of the entire state and all of its political subdivisions. (b) This Code section shall become effective only if the United States Congress amends 15 U.S.C. Section 260a to authorize states to observe daylight savings time year round."

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

Approved April 21, 2021.

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CRIMES AND OFFENSES OFFENSE OF WEARING A MASK, HOOD, OR DEVICE WHICH CONCEALS IDENTITY OF WEARER; REVISE.

No. 18 (Senate Bill No. 235).

AN ACT

To amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to revise the offense of wearing a mask, hood, or device which conceals the identity of the wearer; to clarify application; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, is amended by revising Code Section 16-11-38, relating to wearing mask, hood, or device which conceals identity of wearer, as follows:
"16-11-38. (a) A person is guilty of a misdemeanor when he or she:
(1) Wears a mask, hood, or device by which any portion of his or her face is so hidden, concealed, or covered as to conceal his or her identity; (2) Is upon:
(A) Any public way or public property; or (B) The private property of another without the written permission of the owner or occupier of such private property to do so; and (3) Intends to conceal his or her identity. (b) Without limiting the generality of subsection (a) of this Code section, no person shall be guilty of violating this Code section by: (1) Wearing a traditional holiday costume on the occasion of the holiday; (2) Lawfully engaging in trade and employment or in a sporting activity where a mask is worn for the purpose of ensuring the physical safety of the wearer or because of the nature of the occupation, trade, profession, or sporting activity; (3) Using a mask in a theatrical production including use in Mardi gras celebrations and masquerade balls; (4) Wearing a gas mask prescribed in emergency management drills and exercises or emergencies; or (5) Wearing a mask for the purpose of complying with the guidance of any health care agency or health care provider to prevent the spread of COVID-19 or other coronaviruses or influenza or other infectious diseases."

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

Approved April 21, 2021.

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FOOD, DRUGS, AND COSMETICS INCREASE PHARMACIST TO PHARMACY TECHNICIAN RATIO FOR PROVIDING DIRECT SUPERVISION.

No. 19 (House Bill No. 316).

AN ACT

To amend Code Section 26-4-82 of the Official Code of Georgia Annotated, relating to duties requiring professional judgment and responsibilities of a licensed pharmacist, so as to increase the pharmacist to pharmacy technician ratio for providing direct supervision at any time; to provide certain requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 26-4-82 of the Official Code of Georgia Annotated, relating to duties requiring professional judgment and responsibilities of a licensed pharmacist, is amended by revising subsection (d) as follows:
"(d) The board of pharmacy shall promulgate rules and regulations regarding the activities and utilization of pharmacy technicians in pharmacies, including the establishment of a registry as required in paragraph (7) of subsection (a) of Code Section 26-4-28; provided, however, that the pharmacist to pharmacy technician ratio shall not exceed one pharmacist providing direct supervision of four pharmacy technicians. The board may consider and approve an application to increase the ratio in a pharmacy located in a licensed hospital. Such application must be made in writing and must be submitted to the board by the pharmacist in charge of a specific hospital pharmacy in this state. At any time during which the pharmacist directly supervises four pharmacy technicians, two of such technicians must be certified. At any time during which the pharmacist directly supervises three pharmacy technicians, one of such technicians must be certified. No certification is required for pharmacy technicians in pharmacies at any time during which the pharmacist directly supervises one or two pharmacy technicians. In order to be certified, pharmacy technicians must:
(1) Have successfully passed a certification program approved by the board of pharmacy;

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(2) Have successfully passed an employer's training and assessment program which has been approved by the board of pharmacy; or (3) Have been certified by either the Pharmacy Technician Certification Board or any other nationally recognized certifying body approved by the board of pharmacy."

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

Approved April 21, 2021.

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INSURANCE ENUMERATED LIST OF COUNTY PURPOSES FOR WHICH COUNTY AD VALOREM TAXES OR COUNTY CORPORATION TAXES SHALL BE USED; INCLUDES FLOOD RISK REDUCTION.

No. 20 (House Bill No. 244).

AN ACT

To amend Code Section 33-8-8.3 of the Official Code of Georgia Annotated, relating to the funding of services, or reduction of ad valorem taxes, in unincorporated areas of counties and powers and duties of governing authority, so as to include flood risk reduction in the enumerated list of county purposes for which county ad valorem taxes or county corporation taxes based upon gross direct insurance premiums shall be used; to provide for a definition; 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 33-8-8.3 of the Official Code of Georgia Annotated, relating to the funding of services, or reduction of ad valorem taxes, in unincorporated areas of counties and powers and duties of governing authority, is amended as follows:
"(a) The proceeds from the county taxes levied for county purposes, as provided by this chapter, shall be separated from other county funds and shall be used by the county governing authorities solely for the purpose of either:
(1) Funding the provision of the following services to inhabitants of the unincorporated areas of such counties directly or by intergovernmental contract as authorized by Article IX, Section III, Paragraph I of the Constitution of the State of Georgia:
(A) Police protection, except such protection provided by the county sheriff; (B) Fire protection;

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(C) Curbside or on-site residential or commercial garbage and solid waste collection; (D) Curbs, sidewalks, and street lights; (E) Flood risk reduction, which, for purposes of this paragraph, such term shall mean policies adopted or projects implemented by a county to reduce the risks from flood events to residents of or property located in unincorporated areas of such county that are prone to experiencing floods. Such policies or projects may include but are not limited to the creation of flood risk management strategies and plans, installation of storm-water management infrastructure, and acquisition of high-risk properties; and (F) Such other services as may be provided by the county governing authority for the primary benefit of the inhabitants of the unincorporated area of the county; or (2) Reducing ad valorem taxes of the inhabitants of the unincorporated areas of those counties in which the governing authority of a county does not provide any of the services enumerated in paragraph (1) of this subsection to inhabitants of the unincorporated areas. In fixing the ad valorem tax millage rate for the year, the governing authorities of such counties shall be authorized and directed to reduce such ad valorem tax millage rate on taxable property within the unincorporated areas of such counties to offset any of the proceeds derived from any tax provided for in this chapter which cannot be expended pursuant to paragraph (1) of this subsection. (b) In the adoption of the budget utilizing any of the funds derived from the tax imposed by Code Sections 33-8-8.1 and 33-8-8.2 the governing authority of a county shall specify in such budget the amount of such funds expended as authorized by paragraph (1) of subsection (a) of this Code section or used to reduce ad valorem taxes as provided in paragraph (2) of subsection (a) of this Code section. Said budget shall also specify the amount of any other funds expended for such purpose or purposes as are authorized to be expended for services referred to in paragraph (1) of subsection (a) of this Code section. Such provisions shall be spread on the minutes of the meeting at which such budget is adopted."

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

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

Approved April 21, 2021.

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REVENUE AND TAXATION HOTEL/MOTEL TAX; REVISE DEFINITIONS.

No. 21 (House Bill No. 317).

AN ACT

To amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise tax on rooms, lodgings, and accommodations, so as to revise the definition of "innkeeper" to include marketplace facilitators; to define the term "marketplace innkeeper"; to expand the state levy of a nightly excise tax to include all rooms, lodgings, and accommodations; to provide for 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. 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 in Code Section 48-13-50.2, relating to definitions, by revising paragraph (2) and adding a new paragraph to read as follows:
"(2) 'Innkeeper' means: (A) Any person that furnishes for value to the public any room or rooms, lodgings, or accommodations in a county or municipality and that is licensed by, or required to pay business or occupation taxes to, such municipality or county for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which room or rooms, lodgings, or accommodations are regularly furnished for value; or (B) A dealer as defined in subparagraph (M.3) of paragraph (8) of Code Section 48-8-2 that is required to collect and remit the tax imposed by Article 1 of Chapter 8 of this title for acting as a marketplace facilitator as such term is defined in paragraph (18.1) of Code Section 48-8-2 for facilitating the furnishing for value to the public any room or rooms, lodgings, or accommodations on behalf of another person.
(2.1) 'Marketplace innkeeper' means an innkeeper as defined in subparagraph (B) of paragraph (2) of this Code section."

SECTION 2. Said article is further 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:

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(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) '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. (3) '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. (4) '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)(1) On and after July 1, 2021, an excise tax of $5.00 per night shall be levied upon the rental or lease of any room, lodging, or accommodation by an innkeeper. (2) Taxes levied pursuant to this Code section shall be collected by the innkeeper from the customer at the time the customer pays for its rental or lease of any room, lodging, or accommodation. Any innkeeper collecting such taxes shall remit the amounts collected to the department on a monthly basis. (3) Extended stay rentals shall be exempt from the tax levied by this Code section. (4) Lodging or accommodations that do not provide physical shelter shall be exempt from the tax levied by this Code section. (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. (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

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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."

SECTION 3. Said article is further amended by adding a new Code section to read as follows:
"48-13-50.4. (a) A marketplace innkeeper shall constitute the innkeeper with respect to the transactions taxable pursuant to this article that it facilitates on behalf of another person. All taxes levied or imposed by this article on transactions facilitated by a marketplace innkeeper shall be paid by the purchaser to the marketplace innkeeper. (b) The marketplace innkeeper shall remit all taxes in the manners provided in this article and, when received by the taxing authority, such taxes shall be credited against the taxes imposed by this article on the furnishing for value to the public any room or rooms, lodgings, or accommodations. (c) Each marketplace innkeeper shall be liable for the full amount of taxes levied or imposed by this article on its transactions or the amount of tax collected by such marketplace innkeeper from all purchasers on all such transactions, whichever is greater. (d) A transaction that is not taxable to the purchaser shall not be taxable to the marketplace innkeeper. Taxes collected and remitted by a marketplace innkeeper pursuant to this article shall be subject to the credit otherwise granted by this article for like taxes previously paid in another state. (e) This Code section shall not be construed to require a duplication in the payment of any tax. (f) A person shall not be obligated to collect and remit or be liable for the taxes levied or imposed by this article on any transaction for which its marketplace innkeeper is obligated and liable. (g) The taxing authority shall only audit the marketplace innkeeper for sales made by it on behalf of another person except to the extent the marketplace innkeeper seeks relief through subsection (h) of this Code section. (h) A marketplace innkeeper is relieved of liability for failure to collect and remit the correct amount of tax imposed by this article to the extent that the marketplace innkeeper demonstrates to the satisfaction of the taxing authority that the error was due to insufficient or incorrect information given to the marketplace innkeeper by the person on whose behalf the sale was facilitated and the marketplace innkeeper made a reasonable effort to obtain correct and sufficient information from such person; provided, however, that this subsection shall not apply if the marketplace innkeeper and such person are related

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members as defined in Code Section 48-7-28.3. If a marketplace innkeeper is relieved of liability under this subsection, the person on whose behalf the sale was facilitated shall be solely liable for the amount of uncollected tax. (i) A person that is a franchisor as such term is defined by 16 C.F.R. 436.1 shall not be a marketplace innkeeper with respect to any innkeeper as defined in subparagraph (A) of paragraph (2) of Code Section 48-13-50.2 that is its franchisee, as such term is defined by 16 C.F.R. 436.1, and that would otherwise be a marketplace innkeeper of such franchisor, provided that:
(1) 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; (2) Such franchisee maintains a valid certificate of registration as required by Code Section 48-8-59; and (3) 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 innkeeper for such franchisee."

SECTION 4. Said article is further amended in Code Section 48-13-51, relating to county and municipal levies on public accommodations, by revising paragraph (1) of subsection (a), paragraphs (1), (2), and (3) of subsection (b), and subsection (b.1) as follows:
"(a)(1)(A)(i) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations facilitated or furnished by an innkeeper. (ii) Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations facilitated or furnished by an innkeeper. (iii) The provisions of this Code section shall control over the provisions of any local ordinance or resolution to the contrary enacted pursuant to Code Section 48-13-53 and in effect prior to July 1, 1998, or enacted pursuant to this article and in effect prior to July 1, 2021. Any such ordinance shall not be deemed repealed by this Code section but shall be administered in conformity with this Code section. (B)(i) The excise tax shall be imposed on the innkeeper and shall apply to the furnishing for value of any room, lodging, or accommodation. Every person or entity subject to a tax levied as provided in this Code section shall, except as provided in this Code section, be liable for the tax at the applicable rate on the lodging charges actually collected or, if the amount of taxes collected from the guest is in excess of the total amount that should have been collected, the total amount actually collected must be remitted. (ii) Any tax levied as provided in this Code section is also imposed upon every person or entity who is a guest and who receives a room, lodging, or accommodation

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that is subject to the tax levied under this Code section. Every such guest subject to the tax levied under this Code section shall pay the tax to the innkeeper providing or facilitating the room, lodging, or accommodation. The tax shall be a debt of the person obtaining the room, lodging, or accommodation to the innkeeper providing or facilitating such room, lodging, or accommodation until it is paid and shall be recoverable at law by the innkeeper providing or facilitating such room, lodging, or accommodation in the same manner as authorized for the recovery of other debts. The innkeeper collecting the tax from the guest shall remit the tax to the governing authority imposing the tax, and the tax remitted shall be a credit against the tax imposed by division (i) of this subparagraph on the innkeeper providing or facilitating the room, lodging, or accommodation. (C) Reserved. (D) Except as provided in paragraphs (2.1), (2.2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), (5.2), and (5.3) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings." "(b)(1) Except as provided in paragraphs (2) and (3) of subsection (a) of this Code section, any new excise taxes which are first levied pursuant to this Code section after July 1, 2008, or any new excise tax which is first levied following the termination of a previous levy pursuant to this Code section after July 1, 2008, shall be levied pursuant to this subsection. (2) The governing authority of each municipality in this state may levy an excise tax pursuant to this subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished or facilitated by an innkeeper. (3) Within the territorial limits of the special district located within the county, each county in this state may levy an excise tax pursuant to this subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished or facilitated by an innkeeper." "(b.1) As an alternative to the provisions of subsection (b) of this Code section, any county (within the territorial limits of the special district located within the county) and any municipality which is levying a tax under this Code section at the rate of 6 percent under paragraph (3.4) or (4) of subsection (a) of this Code section shall be authorized to levy a tax under this Code section at the rate of 7 percent in the manner provided in this subsection. Both the county and municipality shall adopt a resolution which shall specify that an amount equal to the total amount of taxes collected under such levy at a rate of 6 percent shall continue to be expended as it was expended pursuant to either paragraph (3.4) or (4) of subsection (a) of this Code section, as applicable, and such resolution shall specify the manner of expenditure of funds for an amount equal to the total amount of taxes collected under such levy that exceeds the amount that would be collected at the rate of 6 percent for any tourism, convention, or trade show purposes, tourism product development

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purposes, or any combination thereof. Each resolution shall be required to be ratified by a local Act of the General Assembly. Only when both such local Acts have become law, the governing authority of the county and municipality shall be authorized to levy an excise tax pursuant to this subsection at the rate of 7 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished or facilitated by an innkeeper."

SECTION 5. This Act shall become effective on July 1, 2021, and shall apply to each incidence of the furnishing for value to the public any room or rooms, lodgings, or accommodations occurring on or after July 1, 2021; provided, however, that the provisions of Section 2 of this Act shall not be applicable to any rental or lease for value to the public of any room or rooms, lodgings, or accommodations which are not hotel or motel rooms for which a reservation was made and any payment or deposit was tendered prior to July 1, 2021.

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

Approved April 21, 2021.

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PENAL INSTITUTIONS CERTAIN INFORMATION WITHIN INMATE FILES OF THE DEPARTMENT OF CORRECTIONS NOT CLASSIFIED
AS CONFIDENTIAL STATE SECRETS WHEN REQUESTED BY DISTRICT ATTORNEY.

No. 22 (House Bill No. 168).

AN ACT

To amend Code Section 42-5-36 of the Official Code of Georgia Annotated, relating to confidentiality of information supplied by inmates, penalties for breach, classified nature of department investigation reports, confidentiality of certain identifying information, and custodians of records, so as to provide that certain information within inmate files of the Department of Corrections shall not be classified as confidential state secrets when requested by the district attorney for purposes of responding to proposed actions of the State Board of Pardons and Paroles; to provide for a definition; to provide for an exception; to provide for nondisclosure; 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 42-5-36 of the Official Code of Georgia Annotated, relating to confidentiality of information supplied by inmates, penalties for breach, classified nature of department investigation reports, confidentiality of certain identifying information, and custodians of records, is amended by revising subsection (c) and adding a new subsection to read as follows:
"(c)(1) As used in this subsection, the term: (A) 'Dangerous sexual offense' shall have the same meaning as set forth in Code Section 42-1-12. (B) 'Serious offense' shall have the same meaning as set forth in Code Section 42-9-42. (C) 'Serious violent felony' shall have the same meaning as set forth in Code Section 17-10-6.1.
(2) All institutional inmate files and central office inmate files of the department shall be classified as confidential state secrets and privileged under law, unless declassified in writing by the commissioner; provided, however, that:
(A)(i) Except for medical records, this subsection shall not apply to information requested by the district attorney of the circuit in which the inmate was sentenced for a serious violent felony or sentenced for a dangerous sexual offense against a person less than 18 years of age for purposes of such district attorney submitting information or filing a written objection under Code Section 42-9-43; (ii) The commissioner shall furnish the records provided for under division (i) of this subparagraph that were created on and after January 31, 2010, upon receipt of the request for such records from the district attorney, and such request shall state that the records are sought for purposes of submitting information or filing a written objection under Code Section 42-9-43; and (iii) Any record provided for under this subparagraph shall be held in confidence by the district attorney and shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50 and shall be subject to the provisions of subsection (f) of this Code section. (B) These records shall be subject to subpoena by a court of competent jurisdiction of this state; and (C) The commissioner shall prepare a report of the conduct of record of any inmate serving a sentence for a serious violent felony. When the report includes conduct which would constitute a serious offense, reasonably related information connected to such offense shall be included in the report. Such report shall be subject to disclosure under paragraph (2) of subsection (a) of Code Section 42-9-43." "(f) No person shall divulge or cause to be divulged in any manner any confidential state secret. Any person violating this Code section or any person who causes or procures a

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violation of this Code section or conspires to violate this Code section shall, upon conviction, be guilty of a misdemeanor."

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

Approved April 21, 2021.

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MOTOR VEHICLES AND TRAFFIC VETERANS' DRIVER'S LICENSE; REVISES QUALIFICATIONS FOR ISSUANCE.

No. 23 (House Bill No. 338).

AN ACT

To amend Code Section 40-5-36 of the Official Code of Georgia Annotated, relating to veterans' licenses, honorary licenses, and other distinctive drivers' licenses, so as to revise qualifications for issuance of veterans' driver's licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 40-5-36 of the Official Code of Georgia Annotated, relating to veterans' licenses, honorary licenses, and other distinctive drivers' licenses, is amended by revising subsection (c) as follows:
"(c) Veterans' licenses may be issued to: (1) Veterans who are residents of Georgia at the time of application for the license who served in the active military, naval, or air service and who were discharged or released therefrom under conditions other than dishonorable; (2) All members or former members of the National Guard or reserve forces who served on active duty or 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."

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

Approved April 21, 2021.

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EDUCATION REVENUE AND TAXATION TEACHER RECRUITMENT AND RETENTION PROGRAM; TAX CREDIT.

No. 27 (House Bill No. 32).

AN ACT

To amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to establish a teacher recruitment and retention program for an income tax credit for teachers who agree to teach in certain rural schools or certain low-performing schools in high-need subject areas; to provide for definitions; to provide for requirements for participation; to provide for participation on an annual basis for up to five consecutive school years subject to certain conditions; to provide for annual reports; to provide an expiration date for new applications; to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions from state income taxes, so as to provide for an income tax credit for taxpayers who are participating teachers in said teacher recruitment and retention program; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, is amended by revising Code Section 20-2-251, which is reserved, as follows:
"20-2-251. (a) As used in this Code section, the term:
(1) 'Department' means the Department of Education. (1.1) 'High-need subject area' means one of the three content areas for which there are the greatest percentages of unfilled positions for classroom teachers in a RESA service area as determined annually for each RESA service area by the department based upon a five-year average review of a survey reported by local school systems to the department.

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(2) 'Participating local school system' means a local school system that participates in the program by receiving grant money from the state and disbursing it to participating teachers. (3) 'Participating school' means a qualifying public school that has been selected by the department to participate in the program. (4) 'Participating teacher' means a teacher, as defined in subsection (a) of Code Section 20-2-942, who is eligible to participate and does participate in the program. (5) 'Postsecondary educational institution' means a school which is:
(A) A unit of the University System of Georgia, including any college or university under the government, control, and management of the Board of Regents of the University System of Georgia; or (B) An independent or private college or university located in Georgia and eligible to be deemed an approved school as defined in paragraph (2) of Code Section 20-3-411. (6) 'Program' means the teacher recruitment and retention program provided for in this Code section. (7) 'Qualifying public school' means a public school that is located in a rural territory in this state or a school that has performed in the lowest 5 percent of schools in this state as identified in accordance with the state-wide accountability system established in the state plan pursuant to the federal Every Student Succeeds Act. (8) 'Recently hired' means a teacher, whether a new or experienced teacher, who has accepted his or her first school year contract to teach at a qualifying public school for the 2021-2022 school year, for the current school year, or for the immediately upcoming school year. (9) 'Rural territory' means territory that is more than five miles from the nearest 'urbanized area' and more than two and one-half miles from the nearest 'urban cluster' as such terms are defined in OMB Standards for Defining Metropolitan and Micropolitan Statistical Areas, 65 Fed. Reg. 82238. (10) 'School year contract' means a contract of full-time employment between a teacher and a local board of education covering a full school year. A contract of employment for a portion of a school year shall not be counted as a school year contract, nor shall contracts of employment for portions of a school year be cumulated and treated as a school year contract. A contract of employment for any time outside a school year shall not be counted as a school year contract, nor shall contracts of employment for time outside a school year be cumulated and treated as a school year contract. A school year contract is deemed included within a contract of full-time employment between a teacher and a local board of education covering a full calendar or fiscal year. (11) 'State board' means the State Board of Education. (b) The state board shall establish a teacher recruitment and retention program. The purpose of such program shall be to encourage both new and experienced teachers to seek employment with qualifying public schools in high-need subject areas by providing for a tax credit as provided for in Code Section 48-7-29.23 to each participating teacher in the

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amount of $3,000.00 per school year for no more than five school years, which must be consecutive, subject to conditions as provided for in this Code section. The state board is authorized to promulgate rules, regulations, policies, and procedures appropriate and necessary to implement and administer this program.
(c)(1) By October 1 of each year, the department shall determine which public schools in this state are qualifying public schools and shall publish a list of all qualifying public schools on the department's website. For purposes of the program, a school that has been designated as a qualifying public school shall be eligible for selection as a participating school for the current school year and for at least the immediately upcoming school year. The department shall develop criteria for the selection of no more than 100 participating schools from the total number of qualifying public schools and shall publish such selection criteria simultaneously with the publication of the list of qualifying public schools on the department's website; provided, however, that such criteria shall include prioritizing qualifying public schools with teacher vacancies in high-need subject areas. (2) By December 1 of each year, the department shall select no more than 100 participating schools and shall publish a list of all participating schools on the department's website. At this time, the department shall also publish a list of the high-need subject areas as determined for each RESA service area. A school that has been designated as a participating school shall be eligible to participate in the program for the current school year and for at least the immediately upcoming school year. The department shall determine the total number of participating teachers authorized for each participating school, as well as the high-need subject areas, which may be filled for each participating school. (3) The department is authorized to receive applications from teachers who meet the eligibility criteria provided for in subsection (e) of this Code section and is authorized to share with participating local school systems and participating schools such applications and related materials submitted by teachers. (4) The department is authorized to provide guidance and technical assistance to teachers, participating schools, and local school systems with participating schools regarding the program. (d) The Office of Student Achievement, in consultation with the department, shall establish program objectives and shall annually measure and evaluate the program. Beginning with the 2023-2024 school year, by December 1 of each year, the Office of Student Achievement shall provide to the Governor, to the House Education Committee and the Senate Committee on Education and Youth, and to the state board a report covering the immediately preceding school year and including, at a minimum, the following information: (1) The positions filled by participating teachers with corresponding information regarding the subject matter and grade or grades taught; and (2) The length of time participating teachers have been participating in the program. (e)(1) In order to be eligible to participate in the program, a teacher shall:

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(A) Have been recently hired to teach in a high-need subject area at a participating school; (B) Have attained a bachelor's degree in education from a postsecondary educational institution with a teacher certification program approved by the Georgia Professional Standards Commission; and (C) Hold a valid five-year induction or professional certificate issued by the Georgia Professional Standards Commission. (2) Teachers who meet the eligibility criteria provided for in paragraph (1) of this subsection and who wish to participate in the program shall submit to the department a completed application to participate in the program, on a form and in a manner prescribed by the department. Each application shall, at a minimum, include: (A) A copy of the teacher's school year contract to teach at a participating school; and (B) Written verification from the principal or other school personnel of the participating school that the teacher was recently hired as defined in this Code section. (3)(A) Eligible teachers who complete the application process prescribed by the department shall be accepted to participate in the program on annual basis, subject to continuation of the program and the provisions of subsection (g) of this Code section and except for good cause shown by the department. (B) A teacher who is accepted by the department to participate in the program shall be allowed to continue as a participating teacher in the program on an annual basis for up to five school years, which must be consecutive, provided that he or she remains employed pursuant to a school year contract as a teacher at the same school continuously, regardless of whether the school remains a participating or qualifying public school and regardless of whether the participating teacher's subject area remains a high-need subject area, and subject to continuation of the program and the provisions of subsection (g) of this Code section and except for good cause shown by the department. (C) A participating teacher who is involuntarily transferred to another school within the same participating local school system shall be eligible to continue participating in the program on the same terms and conditions as provided in subparagraph (B) of this paragraph. A participating teacher who voluntarily transfers to another school shall not be eligible to continue participating in the program effective immediately upon the transfer. (D) A participating teacher who receives an annual summative performance evaluation rating of 'Ineffective,' as provided for in Code Section 20-2-210, shall be permanently ineligible to participate in the program upon the conclusion of the school year in which he or she received such rating. (E) A participating teacher who lawfully takes a leave of absence pursuant to any state or federal law shall retain eligibility to continue participating in the program provided he or she remains employed pursuant to a school year contract as a teacher at the same school continuously.

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(f) By July 31 of each year, the department shall notify the state revenue commissioner of each participating teacher who has satisfied all terms and conditions of the program for the immediately preceding school year. (g) The number of participating teachers in the program in any school year shall be limited to 1,000 participating teachers state wide. In the discretion of the department, participation in the program may be determined according to the following order of priority:
(1) Participating teachers shall be prioritized over teachers not yet participating in the program; and (2) Among teachers participating in the program, those who are currently teaching a high-need subject area shall be prioritized over those who are not teaching a high-need subject area, and those with greater seniority in the program shall be prioritized over those with less seniority. (h) No new applications for the program shall be accepted after December 31, 2026."

SECTION 2. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions from income taxes, is amended by adding a new Code section to read as follows:
"48-7-29.23. (a) A taxpayer who is designated by the Department of Education as a participating teacher in the teacher recruitment and retention program provided for in Code Section 20-2-251 shall be allowed a credit against the tax imposed by Code Section 48-7-20 in an amount equal to $3,000.00. (b) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's succeeding three years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (c) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section."

SECTION 3. This Act shall become effective July 1, 2021, and shall be applicable to all taxable years beginning on or after January 1, 2022.

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

Approved April 21, 2021.

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TORTS PROVIDE VICTIMS OF HUMAN TRAFFICKING AND THE ATTORNEY GENERAL CAUSES OF ACTION AGAINST CERTAIN PERPETRATORS OF HUMAN TRAFFICKING.

No. 28 (Senate Bill No. 33).

AN ACT

To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to provide a cause of action against perpetrators for victims of human trafficking; to provide for definitions; to provide a cause of action against certain perpetrators of human trafficking by the Attorney General on behalf 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. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding a new Code section to read as follows:
"51-1-56. (a) As used in this Code section, the term:
(1) 'Criminal action' means the investigation or prosecution of an offense that is pending final adjudication in a trial court. (2) 'Perpetrator' means a person or entity that knowingly benefits, financially or by receiving anything of value, from participation in a venture or scheme which such person or entity knew or should have known involved a violation of Code Section 16-5-46. (b) An individual who is a victim of a violation of Code Section 16-5-46 shall have a cause of action against any perpetrator of said violation and may recover damages and reasonable attorney's fees. (c) Any action filed under subsection (b) of this Code section shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the individual is the victim. (d) Notwithstanding any other law to the contrary, an action may be brought under subsection (b) of this Code section within ten years after the: (1) Cause of action arose; or (2) Victim reaches 18 years of age, if the victim was a minor at the time of the alleged violation. (e) Whenever the Attorney General has reasonable cause to believe that an interest of the citizens of this state has been or is threatened or adversely affected by a perpetrator, the

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Attorney General shall have a cause of action against such perpetrator on behalf of the state to obtain appropriate relief."

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

Approved April 27, 2021.

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DOMESTIC RELATIONS VICTIMS OF HUMAN TRAFFICKING; PETITION FOR NAME CHANGE UNDER SEAL.

No. 29 (Senate Bill No. 34).

AN ACT

To amend Chapter 12 of Title 19 of the Official Code of Georgia Annotated, relating to name change, so as to provide that victims of human trafficking may petition for name change under seal; to provide for a definition; to provide for determination 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:

SECTION 1. Chapter 12 of Title 19 of the Official Code of Georgia Annotated, relating to name change, is amended by adding a new paragraph to subsection (a) and revising subsection (c) of Code Section 19-12-1, relating to petition for name change, request by victim of family violence, notice of filing, and consent of minor's parents or guardian, as follows:
"(4) 'Human trafficking' means an offense provided for under Code Section 16-5-46." "(c)(1) When a name change is requested by a petitioner who alleges to be a victim of family violence or human trafficking, such petitioner may petition the court to file his or her petition to change his or her name under seal. (2) If the court determines that the petitioner is a victim of family violence or human trafficking, the court may issue an order waiving the requirements of publication as set forth in subsection (d) of this Code section. If the court determines that such filing shall be allowed to proceed under seal and otherwise waives the other requirements of this Code section, it may hear and determine all of the matters raised in such petition and render a final judgment thereon.

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(3) After issuing an order under paragraph (2) of this subsection, the court may later unseal a petition for name change or order the petitioner to file a redacted version of such petition for the public record. (4) If the court determines that the petitioner is not a victim of family violence or human trafficking, the underlying petition for name change shall not be heard until this Code section has been complied with in full. (5) The court shall retain all filings made under seal as part of the record."

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

Approved April 27, 2021.

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EDUCATION HUMAN TRAFFICKING AWARENESS; TOBACCO AND VAPOR PRODUCTS EDUCATION.

No. 30 (House Bill No. 287).

AN ACT

To amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to include human trafficking awareness for grades six through 12 in the course of instruction regarding health and physical education; to include vapor products in such course of instruction for kindergarten through grade 12; to include tobacco and vapor products in the course of instruction regarding alcohol and drugs required each year for grades kindergarten through 12; to revise implementation dates; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, is amended in Code Section 20-2-142, relating to prescribed courses, by revising subsection (c) as follows:
"(c)(1) The State Board of Education shall prescribe a course of study in health and physical education for all grades and grade levels in the public schools and shall establish minimum time requirements and standards for its administration. The course shall include instruction concerning the impact of alcohol, tobacco, vapor products, and drug use upon health. A manual setting out the details of such courses of study shall be

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prepared or approved by the State School Superintendent in cooperation with the Department of Public Health, the state board, and such expert advisers as they may choose. The Department of Education is directed to assemble or develop instructional resources and materials concerning alcohol and drug abuse, taking into consideration technological enhancements available for utilization of such instructional resources. (2) The State Board of Education shall prescribe a course of study in human trafficking awareness for grades six through 12, which may be included as part of the health and physical education course of study provided for in paragraph (1) of this subsection."

SECTION 2. Said part is further amended by revising Code Section 20-2-144, relating to mandatory instruction concerning alcohol and drug use, as follows:
"20-2-144. (a) Each local board of education shall prescribe mandatory instruction concerning alcohol, tobacco, vapor products, and other drug use in every year in every grade from kindergarten through grade 12 as shall be determined by the State Board of Education. Such course of study shall implement the minimum course of study provided for in subsection (b) of this Code section or its equivalent, as approved by the State Board of Education. Each local board of education may supplement the exact approach of content areas of such minimum course of study with such curriculum standards as it may deem appropriate. Such standards shall include instruction which discourages the use of alcohol, tobacco, vapor products, and controlled substances and communicates that the use of illicit drugs and improper use of legally obtained drugs is wrong and dangerous. (b) The State Board of Education shall prescribe a minimum course of study of alcohol, tobacco, vapor products, and other drug use which may be included as a part of a course of study in comprehensive health education where offered and where appropriate. Instruction also shall be integrated into other curriculum requirements as determined by the State Board of Education. The course shall be age appropriate, shall be sequential in method of study, and shall include the following elements where appropriate in the instruction:
(1) Detailed, factual information regarding physiological, psychological, sociological, and legal aspects of substance abuse; (2) Detailed information concerning the availability of help and assistance for persons with chemical dependency problems; (3) Skills needed to evaluate advertisements for, and media portrayals of, alcohol, tobacco, vapor products, and controlled substances; and (4) Detailed instruction on the need for, and role of, lawful authority and law-abiding behavior, which instruction may include interacting and working with members of the legal and justice professions. (c) A manual setting out the details of such course of study shall be prepared by or approved by the State School Superintendent in cooperation with the Department of Public

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Health, the State Board of Education, the Department of Public Safety, and such expert advisers as they may choose. (d) The minimum course of study to be prescribed by the State Board of Education pursuant to subsection (b) of this Code section shall be ready for implementation not later than July 1, 2021. Each local board shall implement either such minimum course of study or its equivalent not later than December 31, 2021. Any local board of education which fails to comply with this subsection shall not be eligible to receive any state funding under this article until such minimum course of study or its equivalent has been implemented."

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

Approved April 27, 2021.

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CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS CORPORATION CODE; SHAREHOLDERS' MEETINGS; AUTHORIZE MEETINGS BY REMOTE COMMUNICATION.

No. 31 (Senate Bill No. 168).

AN ACT

To amend Part 1 of Article 7 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to meetings, so as to provide that a corporation may hold annual shareholders' meetings and special shareholders' meetings by means of remote communication; to provide for requirements for such meetings by remote communication; 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 7 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to meetings, is amended by revising subsection (b) of Code Section 14-2-701, relating to annual meeting, as follows:
"(b)(1) Except as provided for in paragraph (2) of this subsection, annual shareholders' meetings may be held in or out of this state at the place stated in or fixed in accordance with the bylaws. If no place is stated in or fixed in accordance with the bylaws, annual shareholders' meetings shall be held at the corporation's principal office.

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(2) Unless the articles of incorporation or the bylaws provide otherwise, the board of directors may determine that an annual shareholders' meeting be held wholly or partially by means of remote communication as authorized by Code Section 14-2-708."

SECTION 2. Said part is further amended by revising subsection (c) of Code Section 14-2-702, relating to special meeting, as follows:
"(c)(1) Except as provided for under paragraph (2) of this subsection, special shareholders' meetings may be held in or out of this state at the place stated in or fixed in accordance with the bylaws. If no place is stated or fixed in accordance with the bylaws, special shareholders' meetings shall be held at the corporation's principal office. (2) Unless the articles of incorporation or the bylaws provide otherwise, the board of directors may determine that a special shareholders' meeting be held wholly or partially by means of remote communication as authorized by Code Section 14-2-708."

SECTION 3. Said part is further amended by adding a new Code section to read as follows:
"14-2-708. When authorized by the board of directors, and subject to such guidelines and procedures as the board of directors may adopt, shareholders and holders of proxies of any class or series designated by the board of directors not physically present at a meeting of shareholders may, by means of remote communication:
(1) Participate in a meeting of shareholders; and (2) Be deemed present in person and vote at a meeting of shareholders, whether such meeting is held at a designated place or held solely by means of remote communication, provided that:
(A) The corporation implements reasonable procedures to verify that each person deemed present and permitted to vote at the meeting by means of remote communication is a shareholder or holder of a proxy; (B) The corporation implements reasonable procedures to provide such shareholders and holders of proxies a reasonable opportunity to participate in the meeting and to vote on matters submitted to such shareholders and holders of proxies, including, but not limited to, an opportunity to read or hear the proceedings of the meeting substantially concurrently with such proceedings; and (C) When any shareholder or holder of a proxy votes or takes other action at the meeting by means of remote communication, a record of such vote or other action shall be maintained by the corporation."

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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 April 27, 2021.

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CONSERVATION AND NATURAL RESOURCES GAME AND FISH WATERS OF THE STATE, PORTS, AND WATERCRAFT BOARD OF
NATURAL RESOURCES; EFFECTIVE DATE OF RULES AND REGULATIONS; REVISE DEFINITIONS; REVISE CERTAIN
HUNTING AND FISHING PROVISIONS.

No. 32 (House Bill No. 362).

AN ACT

To amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, Environmental Advisory Council, duties of council and its members and director, appeal procedures generally, permit applications, and inspections, so as to revise an effective date for standards, rules, and regulations; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to revise a defined term; to revise an effective date for rules and regulations; to revise the allowed caliber of muzzleloading firearms; to provide for a deer management assistance program and related fees and bag limits; to provide for taking of fish by minnow seines and minnow traps and restrictions on use of same; to revise a creel possession limit and size restriction; to amend Code Section 52-7-26 of the Official Code of Georgia Annotated, relating to penalty regarding registration, operation, and sale of watercraft, so as to revise the effective date of rules and regulations related to penalty; 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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PART I SECTION 1-1.

Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, Environmental Advisory Council, duties of council and its members and director, appeal procedures generally, permit applications, and inspections, is amended by revising paragraph (5) of subsection (c) as follows:
"(5) Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the standards, rules, and regulations promulgated by the Board of Natural Resources as provided in this title, the term 'standards, rules, and regulations' shall mean those standards, rules, and regulations of the Board of Natural Resources in force and effect on January 1, 2021."

PART II SECTION 2-1.

Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended in Code Section 27-1-2, relating to definitions regarding game and fish generally, by revising subparagraphs (A) and (B) of paragraph (36) and paragraph (44) as follows:
"(A) Bass: (i) Members of the genus micropterus, or the black bass, and their hybrids; (ii) Striped-white bass hybrids; (iii) White bass; and (iv) Striped bass; (B) Trout: (i) Rainbow trout; (ii) Brown trout; (iii) Brook trout; and (iv) Any hybrids of the species named in divisions (i), (ii), and (iii) of this subparagraph;"
"(44) 'Mountain trout' means brook trout, brown trout, rainbow trout, and any hybrids of these species."

SECTION 2-2. Said title is further amended by revising Code Section 27-1-39, relating to rules and regulations used to establish criminal violations, as follows:
"27-1-39. Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the rules and regulations promulgated by the Board of Natural Resources as provided in this title, the term 'rules and regulations' means those rules and regulations of the Board of Natural Resources in force and effect on January 1, 2021."

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SECTION 2-3. Said title is further amended in Code Section 27-3-4, relating to legal weapons for hunting wildlife generally, use of silencers and suppressors prohibited, and penalty for violations, by revising paragraphs (2) and (3) of subsection (a) as follows:
"(2) During primitive weapon hunts or primitive weapons seasons: (A) Longbows, recurve bows, crossbows, compound bows, muzzleloading firearms of .30 caliber or larger, and muzzleloading shotguns of 20 gauge or larger loaded with single shot may be used; and (B) Youth under 16 years of age may hunt deer with any firearm legal for hunting deer;
(3) Firearms for hunting deer and bear are limited to 20 gauge shotguns or larger shotguns loaded with slugs or buckshot (except that no buckshot is permitted on state wildlife management areas unless otherwise specified), muzzleloading firearms of .30 caliber or larger, and center-fire firearms .22 caliber or larger; provided, however, that firearms for hunting feral hogs, other than those weapons specified in this paragraph, may be authorized by rule or regulation of the board. Bullets used in all center-fire rifles and handguns must be of the expanding type;"

SECTION 2-4. Said title is further amended in Code Section 27-3-15, relating to seasons and bag limits, promulgation of rules and regulations by board, and possession of more than bag limit, by adding a new subsection to read as follows:
"(g) As may be appropriate based on sound principles of wildlife management, the department is authorized to establish a deer management assistance program, which may include fees and may prescribe property-specific bag limits without complying with the state-wide bag limit specified in subsection (b) of this Code section."

SECTION 2-5. Said title is further amended in Code Section 27-4-5, relating to methods for taking fish generally, by revising subsection (a) as follows:
"(a) It shall be unlawful to fish for game fish, except American shad, hickory shad, flathead catfish, and channel catfish, by any means other than a pole and line. Except as otherwise provided, it shall be unlawful to take any fish in the fresh waters of this state by any method other than a pole and line, sport trotlines in accordance with Code Section 27-4-32, set hooks, jugs, bow and arrow in accordance with Code Section 27-4-34, spears in accordance with Code Section 27-4-33, minnow seines and minnow traps in accordance with Code Section 27-4-6, by hand in accordance with Code Section 27-4-37, and as authorized in Code Section 27-4-91 with regard to commercial fresh-water fishing."

SECTION 2-6. Said title is further amended by revising Code Section 27-4-6, relating to use of minnow seines, as follows:

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"27-4-6. It shall be unlawful to take any game fish or American eels by minnow seines or minnow traps from the fresh waters of this state. It shall also be unlawful to take any nongame fish by minnow seines or minnow traps from any of the fresh waters of this state, except where such fish are five inches in length or less and are not to be sold or otherwise used for commercial purposes and except where such waters are not trout waters as designated pursuant to Code Section 27-4-51. It shall further be unlawful for any person to engage in the use of minnow seines or minnow traps to collect nongame fish in the fresh waters of this state without a valid resident or nonresident fishing license as provided in Code Section 27-2-23. In accordance with sound principles of wildlife research and management, the department shall have the authority to specify open seasons, creel and possession limits, gear specifications, species taken, and waters open to the use of minnow seines and minnow traps in accordance with this title."

SECTION 2-7. Said title is further amended in Code Section 27-4-10, relating to creel and possession limits and size restrictions, by revising paragraph (1) of subsection (a) as follows:

"(1) Genus micropterus (black bass) 0-24 inches

10"

PART III SECTION 3-1.

Code Section 52-7-26 of the Official Code of Georgia Annotated, relating to penalty regarding registration, operation, and sale of watercraft, is amended by revising subsection (a) as follows:
"(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, 2021."

PART IV SECTION 4-1.

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

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

Approved April 27, 2021.

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CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS CHIROPRACTORS AND PHYSICIANS JOINTLY OWN PROFESSIONAL CORPORATIONS.

No. 34 (House Bill No. 119).

AN ACT

To amend Code Section 14-7-4 of the Official Code of Georgia Annotated, relating to professional services in which a professional corporation may engage, so as to provide that chiropractors may own professional corporations with physicians; 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 14-7-4 of the Official Code of Georgia Annotated, relating to professional services in which a professional corporation may engage, is amended by revising subsection (a) 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; (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

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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; and (4) To the extent not inconsistent with the ethics of the professions involved or otherwise prohibited by law, chiropractors who are practicing within their scope of practice as established by law may organize and jointly own a professional corporation with physicians who are practicing within their scope of practice as established by law; provided, however, that nothing in this paragraph shall authorize chiropractors to attach the title 'physician' to such chiropractors' names or to the name of the professional corporation."

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

Approved April 29, 2021.

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STATE GOVERNMENT EXCLUDES MEETINGS AND DOCUMENTS RELATING TO CYBERSECURITY SYSTEMS, CONTRACTING, AND
PLANNING FROM OPEN MEETING AND PUBLIC DISCLOSURE REQUIREMENTS.

No. 35 (House Bill No. 134).

AN ACT

To amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, so as to exclude meetings relating to cybersecurity contracting and planning from open meeting requirements; to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide an exemption for certain documents relating to cybersecurity plans and systems; 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 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, is amended in Code Section 50-14-3, relating to excluded proceedings, by revising subsection (b) as follows:

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"(b) Subject to compliance with the other provisions of this chapter, executive sessions shall be permitted for:
(1) Meetings when any agency is discussing or voting to: (A) Authorize the settlement of any matter which may be properly discussed in executive session in accordance with paragraph (1) of Code Section 50-14-2; (B) Authorize negotiations to purchase, dispose of, or lease property; (C) Authorize the ordering of an appraisal related to the acquisition or disposal of real estate; (D) Enter into a contract to purchase, dispose of, or lease property subject to approval in a subsequent public vote; or (E) Enter into an option to purchase, dispose of, or lease real estate subject to approval in subsequent public vote.
No vote in executive session to acquire, dispose of, or lease real estate, or to settle litigation, claims, or administrative proceedings, shall be binding on an agency until a subsequent vote is taken in an open meeting where the identity of the property and the terms of the acquisition, disposal, or lease are disclosed before the vote or where the parties and principal settlement terms are disclosed before the vote; (2) Meetings when discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee or interviewing applicants for the position of the executive head of an agency. This exception shall not apply to the receipt of evidence or when hearing argument on personnel matters, including whether to impose disciplinary action or dismiss a public officer or employee or when considering or discussing matters of policy regarding the employment or hiring practices of the agency. The vote on any matter covered by this paragraph shall be taken in public and minutes of the meeting as provided in this chapter shall be made available. Meetings by an agency to discuss or take action on the filling of a vacancy in the membership of the agency itself shall at all times be open to the public as provided in this chapter; (3) Meetings of the board of trustees or the investment committee of any public retirement system created by or subject to Title 47 when such board or committee is discussing matters pertaining to investment securities trading or investment portfolio positions and composition; (4) Portions of meetings during which that portion of a record made exempt from public inspection or disclosure pursuant to Article 4 of Chapter 18 of this title is to be considered by an agency and there are no reasonable means by which the agency can consider the record without disclosing the exempt portions if the meeting were not closed; and (5) Meetings when discussing or deliberating upon cybersecurity plans, procedures, and contracts regarding the provision of cybersecurity services. No vote in executive session to enter into a cybersecurity contract shall be binding on an agency until a subsequent vote is taken in an open meeting where the identity of the contractor and the terms of the

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agreement that are not subject to paragraph (25) of subsection (a) of Code Section 50-18-72 are disclosed before the vote."

SECTION 2. Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended in Code Section 50-18-72, relating to when disclosure of public records is not required, by revising subparagraph (A) of paragraph (25) of subsection (a) as follows:
"(A) Records the disclosure of which would compromise security against sabotage or criminal or terrorist acts and the nondisclosure of which is necessary for the protection of life, safety, or public property, which shall be limited to the following:
(i) Security plans and vulnerability assessments for any public utility, technology infrastructure, building, facility, function, or activity in effect at the time of the request for disclosure or pertaining to a plan or assessment in effect at such time; (ii) Any plan for protection against terrorist or other attacks that depends for its effectiveness in whole or in part upon a lack of general public knowledge of its details; (iii) Any document relating to the existence, nature, location, or function of security devices designed to protect against terrorist or other attacks that depend for their effectiveness in whole or in part upon a lack of general public knowledge; (iv) Any plan, blueprint, or other material which if made public could compromise security against sabotage, criminal, or terroristic acts; (v) Any document or plan for protection relating to the existence, nature, location, or function of cybersecurity devices, programs, or systems designed to protect computer, information technology, or communication systems against terrorist or other attacks that depend for their effectiveness in whole or in part upon a lack of general public knowledge; and (vi) Records of any government sponsored programs concerning training relative to governmental security measures which would identify persons being trained or instructors or would reveal information described in divisions (i) through (v) of this subparagraph."

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

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

Approved April 29, 2021.

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INSURANCE OPTION FOR SELF-FUNDED HEALTHCARE PLANS TO OPT IN TO GEORGIA'S SURPRISE BILLING CONSUMER PROTECTION ACT.

No. 36 (House Bill No. 234).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide an option for self-funded healthcare plans, exempt from state regulation under federal law, to opt in to Georgia's Surprise Billing Consumer Protection Act; to provide for definitions; 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 "Self-funded Healthcare Plan Opt-in to the Surprise Billing Consumer Protection Act."

SECTION 2. The General Assembly finds:
(1) Georgia's Surprise Billing Consumer Protection Act requires insurers offering nonexempt healthcare plans in this state to comply with the provisions of such Act; (2) Those provisions include a requirement that such insurers participate in an arbitration process established by such Act in the event that an out-of-network provider or an out-of-network facility concludes that payment received from such insurer is insufficient given the complexity and circumstances of the services provided and initiates a request for arbitration with the Insurance Commissioner; (3) Georgia does not have the legal authority to require self-funded healthcare plans, subject to the exclusive jurisdiction of the Employee Retirement Income Security Act of 1974, to comply with the Surprise Billing Consumer Protection Act, including such arbitration provisions; and (4) At present, this state is not prohibited, however, from enacting legislation which would allow such healthcare plans to voluntarily agree to comply with the provisions of the Surprise Billing Consumer Protection Act, including the arbitration process described in such Act.

SECTION 3. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new chapter to read as follows:

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"CHAPTER 20F

33-20F-1. As used in this chapter, the term:
(1) 'ERISA' means the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. (2) '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. (3) 'Self-funded healthcare plan' means an arrangement whereby an employer assumes the financial risk for providing healthcare benefits to its employees and such arrangement is subject to the exclusive jurisdiction of ERISA.

33-20F-2. (a) Notwithstanding any provision of law in Chapter 20E of this title, the 'Surprise Billing Consumer Protection Act,' a self-funded healthcare plan may elect on an annual basis to participate in and be bound by such Act. (b) A self-funded healthcare plan that elects to participate in the Surprise Billing Consumer Protection Act shall provide notice to the Commissioner of its election decision on a form prescribed by the Commissioner. The completed form shall include an attestation that the self-funded healthcare plan has elected to participate in and be bound by the Surprise Billing Consumer Protection Act to the extent that insurers are similarly bound. Such form shall be posted on the Commissioner's website for use by self-funded healthcare plans choosing to opt in. (c) A self-funded healthcare plan may elect to initiate its participation on either January 1 of any year or on the first day of the self-funded healthcare plan's plan year of any year. (d) On its election form, the plan must indicate whether it chooses to affirmatively renew its election on an annual basis or whether it should be presumed to have renewed on an annual basis until the Commissioner receives advance notice from the plan that it is terminating its election as of either December 31 of a calendar year or the last day of its plan year. Notices under this subsection shall be submitted to the Commissioner at least 30 days in advance of the effective date of the election to initiate participation and 30 days in advance of the effective date of the termination of participation. (e) Self-funded healthcare plans opting in shall develop processes to address employee notifications or other responsibilities under ERISA that may arise from electing to participate in the Surprise Billing Consumer Protection Act.

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33-20F-3. The department shall maintain on its website a list of all self-funded healthcare plans that have chosen to participate in and comply with the Surprise Billing Consumer Protection Act.

33-20F-4. Nothing in this chapter shall be applicable to healthcare plans which are subject to the exclusive jurisdiction of ERISA, unless such plan elects to participate in and agrees to comply with the Surprise Billing Consumer Protection Act.

33-20F-5. Notwithstanding any provision of law in the Surprise Billing Consumer Protection Act, in the event that a self-funded healthcare plan has chosen to participate in and comply with such Act, the Commissioner shall allow such participation. The Commissioner shall retain the authority, however, to remove or refuse to readmit such participant if the Commissioner determines that the self-funded healthcare plan is failing or previously failed to comply with the Surprise Billing Consumer Protection Act. Any self-funded healthcare plan shall have the opportunity to request a hearing pursuant to Code Section 33-2-17 prior to the effective date of such removal or denial."

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

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

Approved April 29, 2021.

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CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS SHAREHOLDERS' MEETINGS BY REMOTE COMMUNICATION.

No. 37 (House Bill No. 306).

AN ACT

To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide that a corporation may hold annual shareholders' meetings and special shareholders' meetings by means of remote

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communication; to provide that nonprofit corporations may hold annual meetings of members and special meetings of members by means of remote communication; to provide for requirements for such meetings by remote communication; 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 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by revising subsection (b) of Code Section 14-2-701, relating to annual meeting, as follows:
"(b)(1) Except as provided for in paragraph (2) of this subsection, annual shareholders' meetings may be held in or out of this state at the place stated in or fixed in accordance with the bylaws. If no place is stated in or fixed in accordance with the bylaws, annual shareholders' meetings shall be held at the corporation's principal office. (2) Unless the articles of incorporation or the bylaws provide otherwise, the board of directors may determine that an annual shareholders' meeting may be held wholly or partially by means of remote communication as authorized by Code Section 14-2-708."

SECTION 2. Said title is further amended by revising subsection (c) of Code Section 14-2-702, relating to special meeting, as follows:
"(c)(1) Except as provided for under paragraph (2) of this subsection, special shareholders' meetings may be held in or out of this state at the place stated in or fixed in accordance with the bylaws. If no place is stated or fixed in accordance with the bylaws, special shareholders' meetings shall be held at the corporation's principal office. (2) Unless the articles of incorporation or the bylaws provide otherwise, the board of directors may determine that a special shareholders' meeting be held wholly or partially by means of remote communication as authorized by Code Section 14-2-708."

SECTION 3. Said title is further amended by adding a new Code section to read as follows:
"14-2-708. When authorized by the board of directors, and subject to such guidelines and procedures as the board of directors may adopt, shareholders and holders of proxies of any class or series designated by the board of directors not physically present at a meeting of shareholders may, by means of remote communication:
(1) Participate in a meeting of shareholders; and (2) Be deemed present in person and vote at a meeting of shareholders, whether such meeting is held at a designated place or held wholly by means of remote communication, provided that:

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(A) The corporation implements reasonable procedures to verify that each person deemed present and permitted to vote at the meeting by means of remote communication is a shareholder or holder of a proxy; (B) The corporation implements reasonable procedures to provide such shareholders and holders of proxies a reasonable opportunity to participate in the meeting and to vote on matters submitted to such shareholders and holders of proxies, including, but not limited to, an opportunity to read or hear the proceedings of the meeting substantially concurrently with such proceedings; and (C) When any shareholder or holder of a proxy votes or takes other action at the meeting by means of remote communication, a record of such vote or other action shall be maintained by the corporation."

SECTION 4. Said title is further amended by revising subsection (c) of Code Section 14-3-701, relating to annual meeting, as follows:
"(c)(1) Except as provided for in paragraph (2) of this subsection, annual and regular meetings of members may be held in or out of this state at the place stated in or fixed in accordance with the bylaws. If no place is stated in or fixed in accordance with the bylaws, annual and regular meetings shall be held at the corporation's principal office or other suitable place. (2) Unless the articles of incorporation or the bylaws provide otherwise, the board of directors may determine that an annual and regular meeting of the members may be held wholly or partially by means of remote communication which shall mean an opportunity for members to read or hear the proceedings of the meeting substantially concurrently with such proceedings as authorized and provided for in Code Section 14-3-709."

SECTION 5. Said title is further amended by adding a new subsection to Code Section 14-3-702, relating to special meetings, to read as follows:
"(h) Unless the articles or bylaws provide otherwise, any special meeting may be held wholly or partially by means of remote communication as authorized and provided for in Code Section 14-3-709."

SECTION 6. Said title is further amended in Part 1 of Article 7 of Chapter 3, relating to general provisions, by adding a new Code section to read as follows:
"14-3-709. When authorized by the board of directors, and subject to such guidelines and procedures as such board of directors may adopt, members not physically present at a meeting of the corporation may, by means of remote communication:
(1) Participate in a meeting of members; and

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(2) Be deemed present in person and vote at a meeting of members, whether such meeting is held at a designated place or held wholly by means of remote communication, provided that:
(A) The corporation implements reasonable procedures to verify that each person deemed present at the meeting by means of remote communication is a member or holder of a proxy; and (B) When any member or holder of a proxy votes at the meeting by means of remote communication, a record of such vote or such other action shall be maintained by the corporation."

SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved April 29, 2021.

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STATE GOVERNMENT ADMINISTRATIVE PROCEDURE; PARTICIPATION IN HEARINGS BY ELECTRONIC MEANS; ELECTRONIC DOCUMENT FILING; DEPARTMENT OF COMMUNITY HEALTH; REVIEWING AGENCY FOR CONTESTED CASES.

No. 38 (House Bill No. 553).

AN ACT

To amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedure, so as to provide for participation in hearings by electronic communications; to provide for electronic filing of documents; to provide for electronic service; to provide for the electronic availability or transfer of the record; to provide that the Department of Community Health is considered a reviewing agency for purposes of contested cases; 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 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedure, is amended by revising paragraph (5) of Code Section 50-13-15, relating to rules of evidence in contested cases, official notice, and conducting hearings by utilizing remote telephonic communications, as follows:
"(5) Any hearing which is required or permitted hereunder may be conducted by utilizing remote electronic communications if the record reflects that all parties have consented to the conduct of the hearing by use of such communications and that such procedure will not jeopardize the rights of any party to the hearing. In the administrative law judge's discretion, one or more witnesses may participate by remote electronic communications."

SECTION 2. Said chapter is further amended by adding three new paragraphs to subsection (a) and by revising paragraph (1) of subsection (d) of Code Section 50-13-41, relating to hearing procedures, powers of administrative law judge, issuance of decision, reviewing agency, and review of contested cases, as follows:
"(4) The Office of State Administrative Hearings may require the electronic filing of documents. (5) Except where alternative means of service are required by law, the Office of State Administrative Hearings may serve any party electronically. (6) The Office of State Administrative Hearings may make available or transfer the record of any hearing to any party electronically." "(d)(1) As used in this subsection, the term 'reviewing agency' shall mean the ultimate decision maker in a contested case that is a constitutional board or commission; an elected constitutional officer in the executive branch of this state; or a board, bureau, commission, or other agency of the executive branch of this state created for the purpose of licensing or otherwise regulating or controlling any profession, business, or trade if members thereof are appointed by the Governor; the Department of Transportation; the Department of Community Health; 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 Title IV-B and Title IV-E of the federal Social Security Act."

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

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

Approved April 29, 2021.

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REVENUE AND TAXATION STATE GOVERNMENT QUESTIONS OF LAW DECIDED BY COURT OR GEORGIA TAX TRIBUNAL TO BE DECIDED WITHOUT DEFERENCE TO DETERMINATIONS OR INTERPRETATIONS OF DEPARTMENT OF REVENUE; EXCEPTIONS.

No. 41 (Senate Bill No. 185).
AN ACT
To amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization, administration, and enforcement of revenue and taxation, so as to require that all questions of law decided by a court or the Georgia Tax Tribunal on matters arising from the state board of equalization and matters arising from refunds and appeals of state administration of Title 48 be decided without deference to determinations or interpretations of the Department of Revenue except without any effect on the judicial standard of deference given to rules promulgated pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; to amend Chapter 13A of Title 50 of the Official Code of Georgia Annotated, relating to tax tribunals, so as to require that all questions of law decided by the Georgia Tax Tribunal be decided without deference to determinations or interpretations of the Department of Revenue except without any effect on the judicial standard of deference given to rules promulgated pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization, administration, and enforcement of revenue and taxation, is amended by revising subsection (c) of Code Section 48-2-18, relating to the State Board of Equalization and duties, as follows:
"(c) As chairperson and chief administrative officer of the board, the commissioner shall furnish to the board all necessary records and files and in this capacity may compel the attendance of witnesses and the production of books and records or other documents as the commissioner is empowered to do in the administration of the tax laws. After final approval by the State Board of Equalization of the digest of proposed assessments made by the commissioner and after any adjustments by the board as authorized by this Code section are made, the commissioner shall notify within 30 days each taxpayer in writing of the proposed assessment of its property. At the same time, the commissioner shall notify

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in writing the board of tax assessors of such county, as outlined in Code Section 48-5-511, of the total proposed assessment of the property located within the county of taxpayers who are required to return their property to the commissioner. If any such taxpayer notifies the commissioner and the board of tax assessors in any such county of its intent to dispute a portion of the proposed assessment within 20 days after receipt of the notice, the county board of tax assessors shall include in the county digest only the undisputed amount of the assessment, and the taxpayer may challenge the commissioner's proposed assessment in an appeal filed in the Superior Court of Fulton County or with the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 within 30 days of receipt of the notice. In any such appeal to the superior court, the taxpayer shall have the right of discovery as provided in Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' In any such appeal to the Georgia Tax Tribunal, discovery shall be as provided in Chapter 13A of Title 50, the 'Georgia Tax Tribunal Act of 2012.' All questions of law decided by a court or the Georgia Tax Tribunal pursuant to this subsection, including interpretations of constitutional, statutory, and regulatory provisions, shall be made without any deference to any determination or interpretation, whether written or unwritten, that may have been made on the matter by the department, except such requirement shall have no effect on the judicial standard of deference accorded to rules promulgated pursuant to the Georgia Administrative Procedure Act. Upon conclusion of the appeal, the taxpayer shall remit to the appropriate counties any additional taxes owed, with interest at the rate provided by law for judgments. Such interest shall accrue from the date the taxes would have been due absent the appeal to the date the additional taxes are remitted."

SECTION 2. Said chapter is further amended by adding a new paragraph to subsection (c) of Code Section 48-2-35, relating to refunds, to read as follows:
"(7) In an action for a refund pursuant to paragraph (4) of this subsection, all questions of law decided by a court or the Georgia Tax Tribunal, including interpretations of constitutional, statutory, and regulatory provisions, shall be made without any deference to any determination or interpretation, whether written or unwritten, that may have been made on the matter by the department, except such requirement shall have no effect on the judicial standard of deference accorded to rules promulgated pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"

SECTION 3. Said chapter is further amended by adding a new subsection to Code Section 48-2-59, relating to appeals, payment of taxes admittedly owed, bond, and costs, to read as follows:
"(e) In an action pursuant to subsection (a) of this Code section, all questions of law decided by a court or the Georgia Tax Tribunal, including interpretations of constitutional, statutory, and regulatory provisions, shall be made without any deference to any determination or interpretation, whether written or unwritten, that may have been made on

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the matter by the department, except such requirement shall have no effect on the judicial standard of deference accorded to rules promulgated pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"

SECTION 4. Chapter 13A of Title 50 of the Official Code of Georgia Annotated, relating to tax tribunals, is amended by revising subsection (a) of Code Section 50-13A-14, relating to conduct of trials, evidence, and recordings, as follows:
"(a) Trials in proceedings before the tribunal shall be de novo and without a jury. All questions of law decided by the tribunal, including interpretations of constitutional, statutory, and regulatory provisions, shall be made without any deference to any determination or interpretation, whether written or unwritten, that may have been made on the matter by the Department of Revenue, except such requirement shall have no effect on the judicial standard of deference accorded to rules promulgated pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Hearings shall be open to the public, but on motion of any party, if such party shows good cause to protect certain information from being disclosed to the public, the tribunal judge may issue a protective order or an order closing part or all of a hearing to the public."

SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and shall be applicable to all proceedings commenced before the Georgia Tax Tribunal or a superior court of this state on or after such date.

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

Approved April 29, 2021.

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RESOLUTION HONORING LIFE AND MEMORY OF MS. SYDNIE GRACE JONES; INTERSECTION DEDICATION.

No. 42 (House Resolution No. 282).

A RESOLUTION

Honoring the life and memory of Ms. Sydnie Grace Jones and dedicating an intersection in her memory; and for other purposes.

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WHEREAS, the State of Georgia lost one of its most promising young citizens with the tragic passing of Ms. Sydnie Grace Jones; and

WHEREAS, Ms. Jones was born on May 3, 2001, in Blue Ridge, Georgia, the beloved daughter of Anthony Jones and Melinda Joy Rogers Jones; and

WHEREAS, a graduate of Fannin County High School, Ms. Jones was a member of the school's soccer and volleyball teams and enjoyed skateboarding; and

WHEREAS, she loved spending time with friends and watching rooftop sunsets from her family home; and

WHEREAS, Ms. Jones attended The Ridge Community Church and was an active member of the First Baptist Church of Blue Ridge youth group; and

WHEREAS, she had an eye for fashion and enjoyed shopping at thrift clothing stores and putting together unique and stylish outfits with her finds; and

WHEREAS, a compassionate and generous young woman, Ms. Jones will long be remembered for her love of family and friendship, and this loyal daughter, granddaughter, and friend will be missed by all who had the great fortune of knowing her; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an intersection in her memory.

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of State Route 515 and State Route 325 in Union County is dedicated as the Sydnie Grace Jones Memorial Intersection.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the Sydnie Grace Jones Memorial Intersection.

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 Ms. Sydnie Grace Jones and to the Department of Transportation.

Approved April 29, 2021.

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MOTOR VEHICLES AND TRAFFIC DIGITAL LICENSE PLATES; PROCEDURES, CONDITIONS, AND STANDARDS FOR ISSUANCE AND DISPLAY.

No. 134 (Senate Bill No. 210).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for definitions relative to registration and licensing of motor vehicles; to provide for certain exceptions to the issuance of license plates, application for motor vehicle registration, and the design and display of license plates and revalidation decals; to provide for procedures, conditions, and standards for the issuance and display of digital license plates on motor vehicles; to provide for duties and rights of digital license plate providers; to authorize the adoption of rules and regulations by the Department of Revenue in relation to such license plates and providers; to provide for surrender of such plates under certain circumstances; to provide for a report to the General Assembly; 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 40-2-1, relating to definitions relative to registration and licensing of motor vehicles, by adding new paragraphs to read as follows:
"(3.1) 'Digital license plate' means a license plate which receives wireless data communication to display information electronically. (3.2) 'Digital license plate provider' means a person approved by the commissioner as a vendor of digital license plate hardware and services to motor vehicle owners pursuant to this article." "(5.1) 'License plate' means a sign affixed to a motor vehicle which displays a series of letters or numbers or both indicating that the vehicle has been registered with this state. Such sign may be in a material made of metal or paper or a device which allows information to be presented electronically in a digital format."

SECTION 2. Said title is further amended in Code Section 40-2-4, relating to prohibition on the manufacture of plates and decals, by revising subsection (a) as follows:
"(a) Except as otherwise provided for in Article 2B of this chapter, it shall be unlawful for any person, firm, or corporation to make, sell, or issue any license plate or revalidation decal."

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SECTION 3. Said title is further amended in Code Section 40-2-26, relating to form and contents of application for registration, heavy vehicle tax, and satisfactory proof of insurance coverage, by revising subsection (b) as follows:
"(b) Application shall be made by the owner of the vehicle upon blanks prepared by the commissioner for such purposes. The application shall contain a statement of the name, place of residence, and address of the applicant; a brief description of the vehicle to be registered, including its name and model, the name of the manufacturer, the manufacturer's vehicle identification number, and its shipping weight and carrying capacity; from whom, where, and when the vehicle was purchased; the total amount of all liens, if any, thereon, with the name and address of the lienholder; and such other information as the commissioner may require. In addition, the commissioner shall provide to an applicant an opportunity to designate an alternative emergency contact telephone number that shall be made available to a law enforcement officer making a vehicle tag inquiry in the course of conducting official law enforcement business. Such application shall include a method for indicating whether the application is for a digital license plate issued pursuant to Article 2B of this chapter."

SECTION 4. Said title is further amended by revising Code Section 40-2-31, relating to the design, costs of manufacture, delivery, and retention of fees for five-year and annual license plates and revalidation, county, and "In God We Trust" decals, as follows:
"40-2-31. (a) If the applicant meets the requirements set forth in this chapter, the commissioner shall issue to the applicant a license plate bearing a distinctive number or a distinctive number to be displayed electronically upon a license plate by a digital license plate provider pursuant to Article 2B of this chapter. (b) Such license plates shall be at least six inches wide and not less than 12 inches in length, except motorcycle license plates which shall be at least four inches wide and not less than seven inches in length, and shall show in boldface characters the month and year of expiration, the serial number, and either the full name or the abbreviation of the name of the state, shall designate the county from which the license plate was issued unless specifically stated otherwise in this chapter, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued; and any license plate for a low-speed vehicle shall designate the vehicle as such. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the 'Peach State.' Except for license plates issued pursuant to Article 2B of this chapter, the license plate shall be of such strength and quality that the plate shall provide a minimum service period of at least five years. The commissioner shall adopt rules and regulations,

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pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the design and issuance of new license plates and to implement the other provisions of this Code section. (b.1) Notwithstanding the provisions of Code Sections 40-2-131 and 48-2-17, the commissioner shall retain the costs of manufacturing and delivery of license plates, revalidation decals, and county name decals from the registration fee as set forth in Code Section 40-2-151; provided, however, that this subsection shall not apply to license plates issued pursuant to Article 2B of this chapter. (c) Except for license plates issued pursuant to Article 2B of this chapter, the face of the license plate to be displayed shall be treated completely with a retroreflective material which will increase the nighttime visibility and legibility of the plate. The department shall prepare the specifications which such retroreflective material shall meet. (d) In those years in which a new license plate is not issued and the license plate was not issued pursuant to Article 2B of this chapter, a revalidation decal with a distinctive serial number shall be issued and affixed in the space provided on the license plate issued to the applicant which shall indicate the year and month through which the registration of the vehicle shall be valid; provided, however, that if the commissioner determines that it is necessary, two revalidation decals shall be issued for each license plate to reflect the required information. When an applicant is issued a revalidation decal and such applicant registered the vehicle in another county the previous year, the applicant shall also be issued a new county decal which shall be properly affixed to the license plate and shall replace the other county decal. (e) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number, upon which there shall be printed the name of the agent's county. Such a decal shall be issued with each metal license plate and shall be affixed in the space provided on the license plate without obscuring any number or other information required to be present on the plate. A tag agent shall offer, upon such issuance of a new metal license plate, the option of obtaining a county decal or a decal providing for the nation's motto, 'In God We Trust.' (f) A county tag agent shall issue a county name decal, upon request, for the agent's county only if:
(1) The applicant is a resident of or a business located in the county named on the decal; (2) The applicant is registering a new vehicle in such county, is renewing a current vehicle registration, or is transferring registration of a vehicle to the county named on the decal; (3) The application for registration of the vehicle is being made in the county named on the decal; and (4) The license plate was not issued pursuant to Article 2B of this chapter. (g) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number, upon which there shall be printed the nation's motto, 'In God We Trust.' A tag agent shall offer, upon such issuance of a new metal license plate, the

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option of obtaining a county decal or a decal providing for the nation's motto, 'In God We Trust.' Such a decal shall be issued, upon request and free of charge, by a county tag agent with each new metal license plate."

SECTION 5. Said title is further amended in Code Section 40-2-33, relating to issuance of license plates and decals, payment and disposition of fees, compensation of tag agents, and required identification, by revising subsection (a) as follows:
"(a)(1) Upon compliance with the provisions of this chapter and the payment of the license fee required by law, the tag agent shall accept the application for registration and, except as otherwise provided for in this chapter, if the license plate or revalidation decal applied for is in such tag agent's inventory, he or she shall issue the appropriate plate or revalidation decal. (2) The commissioner may provide for the issuance of a temporary license plate for any low-speed vehicle, to be displayed until such time as a license plate of the design required by Code Section 40-2-31 has been issued to the registrant as a replacement for such temporary license plate; provided, however, that any such temporary license plate shall designate the low-speed vehicle as such; and provided, further, that the commissioner shall make available for issuance low-speed vehicle license plates of the design required by Code Section 40-2-31 not later than September 1, 2002. (3) If the metal license plate applied for is not in inventory, the application shall be approved and forwarded to the commissioner, who, upon receipt of a proper and approved application, shall issue the license plate applied for by mailing or delivering the plate to the applicant. Until the license plate is received by the applicant from the commissioner, the applicant may operate the vehicle without a license plate therefor upon the receipt issued to him or her by the tag agent. (4) At the time of initial application for registration or at any time during the registration period, a vehicle owner may file with the county tag agent, on a form or electronic form prescribed by the commissioner, a request to have a vehicle license transferred to a digital license plate purchased from a digital license plate provider. Such request to the county tag agent shall include all applicable registration fees. Upon approving the application provided in this paragraph, the commissioner or county tag agent shall furnish the digital license plate provider with the appropriate licensing information to be displayed upon the digital license plate. In accordance with Code Section 40-2-8, a 45 day temporary operating permit shall be issued by the commissioner or county tag agent to an applicant for a digital license plate until such license is received by the applicant."

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SECTION 6. Said title is further amended by adding a new article to read as follows:

"ARTICLE 2B

40-2-57. (a) Any county tag agent with a satisfactory application for registration pursuant to Code Section 40-2-26 which indicates preference for a digital license plate shall inform the commissioner of such request. Upon a request by a digital license plate provider, the department shall transmit any required data to be displayed upon a digital license plate for an applicant to the digital license plate provider. A county tag agent shall ensure an applicant complies with the requirements for registration pursuant to this chapter. (b) A motor vehicle owner with a digital license plate shall renew the registration annually as provided by this chapter. The department shall notify the digital license plate provider upon satisfactory renewal. Evidence of such renewal shall be displayed upon the digital license plate in a manner that indicates the year and month through which the registration of the vehicle shall be valid. Compliance with this subsection shall satisfy the revalidation decal requirements of this chapter. (c) A digital license plate provider shall be authorized to collect fees for the provision of digital license plate hardware and for services to such license plate. Such fees may include the cost for the manufacture of the digital license plate, the installation of the digital license plate, and any service or repair plan an applicant may elect to purchase. (d) Except as provided for in subsection (b) of this Code section, nothing in this article shall exempt an applicant for a digital license plate from the requirements of Code Sections 40-2-8 and 40-2-20.

40-2-58. (a) A digital license plate provider shall maintain an inventory of digital license plates in an amount determined to be adequate by the commissioner. (b) The commissioner shall enter in agreements with any digital license plate provider that has been selected by the state to manufacture digital license plates for the State of Georgia. Such agreements shall grant a selected digital license plate provider the authorization to utilize any copyright or copyrights for special license plates as permitted under Code Sections 40-2-60.1, 40-2-86, and 40-2-86.1. (c) Upon notice from the commissioner of a cancelled or revoked registration, a digital license plate provider shall terminate the electronic data transmitted to a digital license plate for such vehicle. (d) Upon express written consent of a vehicle owner, a digital license plate provider shall be authorized to collect and disseminate data relating to location of a motor vehicle in accordance with the terms of any such agreement.

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40-2-59. The owner of a motor vehicle with a digital license plate may cancel a digital license plate by applying for a metal license plate with the county tag agent as provided for in this chapter and upon notification of cancellation to a digital license plate provider.

40-2-59.1. A digital license plate provider shall be authorized to change the digital display or messaging of a digital license plate in compliance with rules and regulations of the department or upon request by a local authority or the department. The commissioner shall be authorized to develop rules and regulations relating to the digital displays, messaging, and personalization of digital license plates. Any rules and regulations relating to the display of emergency messages for the public or Levi's Call: Georgia's Amber Alert Program shall be adopted in consultation with the Department of Public Safety, the Georgia Bureau of Investigation, the Georgia Emergency Management and Homeland Security Agency, and the Georgia Association of Broadcasters.

40-2-59.2. On or before January 1, 2024, the commissioner shall submit a report on the implementation of this article to the chairpersons of the Senate Public Safety Committee and the House Committee on Motor Vehicles.

40-2-59.3. (a) On or before July 1, 2022, and prior to the issuance of any digital license plate, the commissioner shall promulgate and adopt rules and regulations necessary and appropriate to carry out this article and any other provisions of law relating to the issuance of digital license plates, including, but not limited to, approval of applications and fee collection. Such rules and regulations shall not become effective until October 1, 2022. (b) The commissioner shall be authorized to issue digital license plates for the purpose of testing or studying the effectiveness of digital license plates."

SECTION 7. Said title is further amended in Code Section 40-2-136, relating to surrender of license plates upon second or subsequent convictions of driving under the influence and special license plate for repeat driving under the influence offenders, by revising subsection (a) as follows:
"(a) Upon any person's second or subsequent conviction of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the court shall issue an order requiring that the license plates of all motor vehicles registered in such person's name be surrendered to the court. The court shall notify the commissioner within ten days after issuing any such order, and the commissioner shall revoke each such license plate upon receiving such notice and, if such license plate is a

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digital license plate, shall inform the digital license plate provider of the revocation. The court shall issue a receipt for the surrendered license plate or plates. The court shall forward the surrendered license plate or plates to the local tag agent immediately upon receipt; provided, however, that if the surrendered license plate is a digital license plate, the court shall allow such person to retain the digital license plate. For purposes of this subsection, a plea of nolo contendere shall constitute a conviction."

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

Approved May 3, 2021.

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SOCIAL SERVICES DIVISION OF FAMILY AND CHILDREN SERVICES; RECORDS CONCERNING REPORTS OF CHILD ABUSE; PROVIDE CERTAIN ACCESS TO THE ADMINISTRATIVE OFFICE OF THE COURTS.

No. 135 (House Bill No. 548).

AN ACT

To amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records, so as to provide for reasonable access to records concerning reports of child abuse to the Administrative Office of the Courts; to provide for agreements with the Division of Family and Children Services to ensure confidentiality; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records, is amended in subsection (a) by deleting "and" at the end of paragraph (10), by replacing the period with "; and" at the end of paragraph (11), and by adding a new paragraph to read as follows:
"(12) The Administrative Office of the Courts to facilitate data sharing, collection, and analysis of the timeliness, permanency, and safety outcomes of children who have been the subject of dependency actions and actions to terminate parental rights brought pursuant to Articles 3 and 4 of Chapter 11 of Title 15. The Administrative Office of the

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Courts shall enter into such agreements with the Division of Family and Children Services as may be required to ensure compliance with the federal Health Insurance Portability and Accountability Act (HIPAA), P.L. 104-191, as amended, and federal regulations governing disclosure of protected health information."

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

Approved May 3, 2021.

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COURTS GEORGIA CHILD ADVOCATE FOR THE PROTECTION OF CHILDREN ACT; REVISES COMPOSITION OF THE CHILD ADVOCATE ADVISORY COMMITTEE.

No. 136 (Senate Bill No. 20).

AN ACT

To amend Article 11 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the "Georgia Child Advocate for the Protection of Children Act," so as to revise the composition of the Child Advocate Advisory Committee; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 11 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the "Georgia Child Advocate for the Protection of Children Act," is amended by revising Code Section 15-11-747, relating to the Child Advocate Advisory Committee, committee membership, and the role of the committee, as follows:
"15-11-747. (a) There is established a Child Advocate Advisory Committee. The advisory committee shall consist of:
(1) One representative of a not for profit children's agency appointed by the Governor; (2) One representative of a for profit children's agency appointed by the Lieutenant Governor; (3) One pediatrician appointed by the Speaker of the House of Representatives; (4) One social worker with experience and knowledge of child protective services who is not employed by the state appointed by the Governor;

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(5) One psychologist appointed by the Lieutenant Governor; (6) One attorney from the Children and the Courts Committee of the State Bar of Georgia appointed by the Speaker of the House of Representatives; (7) One current or former foster parent appointed by the Governor; (8) One former foster child who attained the age of majority or graduated from high school while still in the Georgia foster care system appointed by the Lieutenant Governor; (9) One individual who has served for at least three years as a court appointed special advocate (CASA) appointed by the Speaker of the House of Representatives; and (10) One juvenile court judge appointed by the Chief Justice of the Supreme Court. Each member of the advisory committee shall serve a two-year term and until the appointment and qualification of such member's successor. Appointments to fill vacancies in such offices shall be filled in the same manner as the original appointment. (b) The advisory committee shall meet a minimum of three times a year with the advocate and his or her staff to review and assess the following: (1) Patterns of treatment and service for children; (2) Policy implications; and (3) Necessary systemic improvements. The advisory committee shall also provide for an annual evaluation of the effectiveness of the Office of the Child Advocate for the Protection of Children."

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

Approved May 3, 2021.

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CRIMINAL PROCEDURE DFCS CASE MANAGERS; ARREST WARRANT PROCEDURE; CHANGE OF VENUE; MOTION BY PROSECUTING ATTORNEY.

No. 137 (House Bill No. 562).

AN ACT

To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to add DFCS case manager to the people for whom arrest warrants may be issued only by certain judicial officers; to provide for a motion for a change of venue by the prosecuting attorney in certain cases; to provide for procedures; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subsection (c) of Code Section 17-4-40, relating to persons who may issue warrants for arrest of offenders against penal laws, warrants requested by others, and persons who may issue warrants for arrest of law enforcement or peace officers or school teachers or administrators, as follows:
"(c) Any warrant for the arrest of a peace officer, law enforcement officer, DFCS case manager, teacher, or school administrator for any offense alleged to have been committed while in the performance of his or her duties may be issued only by a judge of a superior court, a judge of a state court, or a judge of a probate court."

SECTION 2. Said title is further amended by revising paragraph (1) of subsection (a) of Code Section 17-7-150, relating to procedures for change of venue, transfer of case, and appeal from denial of change of venue, as follows:
"(a)(1)(A) The defendant, in any criminal case in which a trial by jury is provided, may move in writing for a change of venue, whenever, in the defendant's or defense counsel's judgment, an impartial jury cannot be obtained in the county where the crime is alleged to have been committed. Upon the hearing of the motion it shall not be necessary to examine all persons in the county liable to serve on juries, but the judge shall hear evidence by affidavit or oral testimony in support of or against the motion. If, from the evidence submitted, the judge is satisfied that an impartial jury cannot be obtained to try the case, the judge shall grant a change in venue. The judge shall transfer the case to any county that may be agreed upon by the prosecuting attorney and the defendant or the defense counsel, to be tried in the county agreed upon. The judge has the discretion to reject any county agreed upon; if a county is not thus agreed upon, or if the judge, in the exercise of discretion, rejects a county agreed upon, the judge shall select such county as in the judge's judgment will afford a fair and impartial jury to try the case and have it transferred accordingly. (B) The prosecuting attorney, in any criminal case in which a trial by jury is provided, may move in writing for a change of venue, whenever, in such prosecuting attorney's judgment, an impartial jury cannot be obtained in the county where the crime is alleged to have been committed if:
(i) A previous prosecuting attorney has recused himself or herself, been disqualified, or been removed from the case for cause; or (ii) A local government official has publicly released information prejudicial to the administration of justice which has the potential to have tainted the local jury pool. Upon the hearing of the motion, it shall not be necessary to examine all persons in the county liable to serve on juries, but the judge shall hear evidence by affidavit or oral

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testimony in support of or against the motion. If, from the evidence submitted, the judge is satisfied that an impartial jury cannot be obtained to try the case, the judge shall grant a change in venue. The judge shall transfer the case to any county that may be agreed upon by the requesting prosecuting attorney and the defendant or the defense counsel and the case shall be tried in the county agreed upon. The judge has the discretion to reject any county agreed upon; if a county is not thus agreed upon, or if the judge, in the exercise of discretion, rejects a county agreed upon, the judge shall select such county as in the judge's judgment will afford a fair and impartial jury to try the case and have it transferred accordingly."

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

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

Approved May 3, 2021.

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COURTS; DOMESTIC RELATIONS; SOCIAL SERVICES REVISE JUVENILE CODE; REQUIRE ANNUAL TRAINING FOR JUVENILE COURT INTAKE OFFICERS; PROVIDE FOR CONSIDERATION OF CERTAIN EVIDENCE IN CERTAIN JUVENILE PROCEEDINGS; REVISE REQUIREMENTS FOR REPORTING OF CHILD ABUSE; REVISE "SEXUAL EXPLOITATION" DEFINITION.

No. 138 (Senate Bill No. 28).

AN ACT

To amend Chapter 11 of Title 15, Title 19, and Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the Juvenile Code, domestic relations, and child abuse records, respectively, so as to strengthen, clarify, and update provisions relating to the protection of children; to require annual training for juvenile court intake officers; to provide for the consideration of evidence, including hearsay evidence, in certain juvenile proceedings; to revise provisions relative to the Juvenile Code and the reporting of child abuse; to revise the definition of "sexual exploitation" in various statutes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the Juvenile Code, is amended by revising paragraphs (41), (70), and (73.1) of Code Section 15-11-2, relating to definitions, as follows:
"(41) 'Juvenile court intake officer' means the juvenile court judge, associate juvenile court judge, court service worker, DJJ staff member serving as an intake officer in a delinquency or child in need of services proceeding, or person employed as a juvenile probation or intake officer designated by the juvenile court judge or, where there is none, the superior court judge, who is on duty for the purpose of determining whether any child taken into custody should be released or detained and, if detained, the appropriate place of detention." "(70) 'Sexual exploitation' means conduct by a caregiver or other person responsible for the care of a child who allows, permits, encourages, or requires a child to engage in:
(A) Sexual servitude, as defined in Code Section 16-5-46; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, in violation of Code Section 16-12-100." "(73.1) 'Temporary alternatives to foster care' means measures that a juvenile court may order in lieu of removal of a child or children alleged to be dependent in protective custody which will prevent or reduce the trauma of removal; allow a child to be cared for by persons with whom the child has an existing bond or attachment; or that ensure the safety of the child pending further action by the court on the dependency complaint or petition."

SECTION 2. Said chapter is further amended by revising subsection (c) of Code Section 15-11-68, relating to duties of juvenile court intake officers and training, as follows:
"(c) Each juvenile court intake officer exercising the authority to remove a child pursuant to the provisions of Articles 1 and 3 of this chapter shall:
(1) First successfully complete an initial eight hours of appropriate training; and (2) Annually thereafter complete a minimum of two hours of training each year during which he or she serves as a juvenile court intake officer. Such initial and annual training shall be relevant to the performance of such determinations, including, but not limited to, training concerning contrary to the welfare determinations, reasonable efforts to prevent removal of a child and diligent search requirements consistent with Article 3 of this chapter, reasonable alternatives to foster care, and DFCS policies and procedures related to the removal of a child and placement of such child in foster care."

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SECTION 3. Said chapter is further amended by revising Code Section 15-11-133.1, relating to temporary alternatives to foster care, as follows:
"15-11-133.1. (a) Temporary alternatives to foster care may be ordered by the court ex parte, prior to a preliminary protective hearing, or may be ordered following a preliminary protective hearing. An order for temporary alternatives to foster care may include one or more of the following:
(1) A temporary order authorizing or continuing any voluntary agreement between the parent, guardian, or legal custodian and DFCS; (2) Where an order for temporary alternatives to foster care is entered, a temporary protective order imposing conditions or limitations on the conduct of the parent, guardian, or legal custodian, including requiring the individual to:
(A) Prohibit access to the child by an individual; (B) Comply with any existing visitation agreement associated with the voluntary placement; (C) Abstain from offensive conduct against a child or his or her parent, guardian, or legal custodian; (D) Give proper attention to the care of his or her home; (E) Cooperate in good faith with DFCS; (F) Refrain from acts of commission or omission that may render a home an improper place for a child; or (G) Ensure that a child attends school pursuant to any valid law relating to compulsory attendance; (3) An order that the DFCS investigate and report to the court whether removal is necessary; or (4) An order that the DFCS provide services designed to allow the child to remain safely in the child's home. (b) An order pursuant to paragraph (1) of subsection (a) of this Code section authorizing or continuing any voluntary agreement between the parent, guardian, or legal custodian and DFCS for the child to be cared for by a relative or fictive kin shall be based upon a finding by the court that continuation of the child in his or her home would be contrary to his or her welfare. Such findings shall be made on an individualized basis and shall be documented in the court's written order. (c) When entering an order pursuant to paragraph (1) of subsection (a) of this Code section authorizing or continuing any voluntary agreement between the parent, guardian, or legal custodian and DFCS for the child to be cared for by a relative or fictive kin, 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;

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(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; (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. (d) Upon issuance of an order for a temporary alternative to foster care, a preliminary protective hearing shall be completed as provided in Code Section 15-11-145. (e) Temporary alternatives to foster care ordered by the court in accordance with this Code section shall remain in effect until modified by the court or until the court has held the preliminary protective hearing. If probable cause exists, DFCS shall file a petition alleging dependency in accordance with subsection (b) of Code Section 15-11-151 following the preliminary protective hearing. The court may continue to impose the temporary alternatives to foster care after the preliminary protective hearing in accordance with subsection (b) of Code Section 15-11-146."

SECTION 4. Said chapter is further amended by adding a new subsection to Code Section 15-11-145, relating to preliminary protective hearings, to read as follows:
"(h) The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of an alleged dependent child or to make determinations or findings required by Code Section 15-11-146."

SECTION 5. Said chapter is further amended by revising subsection (c) of Code Section 15-11-146, relating to preliminary protective hearings and findings, as follows:
"(c) A court's order removing a child from his or her home or ordering a temporary alternative to foster care authorizing or continuing any voluntary agreement between the parent, guardian, or legal custodian and DFCS for the child to be cared for by a relative or fictive kin pursuant to paragraph (1) of subsection (a) of Code Section 15-11-133.1 shall be based upon a finding that:
(1) Continuation in his or her home would be contrary to such child's welfare; or (2) Removal is in such child's best interests."

SECTION 6. Said chapter is further amended by revising subsection (a) of Code Section 15-11-181, relating to adjudication hearings, as follows:

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"(a) The court shall fix a time for an adjudication hearing. If the alleged dependent child is in foster care, the hearing shall be scheduled for no later than ten days after the filing of the petition alleging dependency. If the alleged dependent child is not in foster care, the adjudication hearing shall be held no later than 60 days after the filing of the petition alleging dependency. If adjudication is not completed within 60 days from the date such child was taken into protective custody, the petition alleging dependency may be dismissed without prejudice."

SECTION 7. 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, 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 the case plan and permanency plan of a child adjudicated as a dependent, 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

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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) The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child adjudicated as a dependent child and the most appropriate case plan and permanency plan. (g) 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. (h) 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; provided, however, that such presumption shall not apply to prevent the return of the child to his or her parent, guardian, or legal custodian. (i) 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. (j) 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; 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."

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SECTION 8. Said chapter is further amended by adding a new subsection to Code Section 15-11-216, relating to periodic review hearing and required evidence, to read as follows:
"(f) The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child adjudicated as a dependent child and the most appropriate case plan and permanency plan."

SECTION 9. Said chapter is further amended by adding a new subsection to Code Section 15-11-230, relating to permanency plan hearing, to read as follows:
"(f) The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child adjudicated as a dependent child and the most appropriate permanency plan."

SECTION 10. Said chapter is further amended by adding a new subsection to Code Section 15-11-321, relating to custody of a child following termination proceedings or surrender of parental rights, to read as follows:
"(a.1) The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child and the permanency and custody of a child whose parents have had their parental rights terminated or who have surrendered their parental rights."

SECTION 11. Said chapter is further amended by revising Code Section 15-11-322, relating to continuing court review when child not adopted, as follows:
"15-11-322. If a petition seeking the adoption of a child whose parents have had their parental rights terminated or surrendered is not filed within six months after the date of the disposition order, the court shall then, and at least every six months thereafter so long as such child remains unadopted, review the circumstances of such child to determine what efforts have been made to assure that such child will be adopted. The court shall:
(1) Make written findings regarding whether reasonable efforts have been made to move such child to permanency; (2) Evaluate whether, in light of any change in circumstances, the permanency plan for such child remains appropriate; and (3) Enter such orders as it deems necessary to further adoption or if appropriate, other permanency options, including, but not limited to, another placement. The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child and the permanency

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and custody of a child whose parents have had their parental rights terminated or who have surrendered their parental rights."

SECTION 12. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in Code Section 19-7-5, relating to the reporting of child abuse, when mandated or authorized, content of report, to whom made, immunity from liability, report based upon privileged communication, and penalty for failure to report, by revising subsection (b) and adding a new subsection to read as follows:
"(b) As used in this Code section, the term: (1) 'Abandonment' means any conduct on the part of a parent, guardian, or legal custodian showing an intent to forgo parental duties or relinquish parental claims. Intent to forgo parental duties or relinquish parental claims may be evidenced by: (A) Failure, for a period of at least six months, to communicate meaningfully with a child; (B) Failure, for a period of at least six months, to maintain regular visitation with a child; (C) Leaving a child with another person without provision for his or her support for a period of at least six months; (D) Failure, for a period of at least six months, to participate in any court ordered plan or program designed to reunite a child with his or her parent, guardian, or legal custodian; (E) Leaving a child without affording means of identifying such child or his or her parent, guardian, or legal custodian and: (i) The identity of such child's parent, guardian, or legal custodian cannot be ascertained despite diligent searching; and (ii) A parent, guardian, or legal custodian has not come forward to claim such child within three months following the finding of such child; (F) Being absent from the home of his or her child for a period of time that creates a substantial risk of serious harm to a child left in the home; (G) Failure to respond, for a period of at least six months, to notice of child protective proceedings; or (H) Any other conduct indicating an intent to forgo parental duties or relinquish parental claims. (2) 'Abortion' shall have the same meaning as set forth in Code Section 15-11-681. (3) 'Abused' means subjected to child abuse. (4) 'Child' means any person under 18 years of age. (5) 'Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent, guardian, legal custodian, or other person responsible for the care of such child by other than accidental

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means; provided, however, that physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect of a child by a parent, guardian, legal custodian, or other person responsible for the care of such child; (C) Emotional abuse of a child; (D) Sexual abuse or sexual exploitation of a child; (E) Prenatal abuse of a child by a parent; (F) An act or failure to act that presents an imminent risk of serious harm to the child's physical, mental, or emotional health; or (G) Trafficking a child for labor servitude. (6) 'Child service organization personnel' means persons employed by or volunteering at a business or an organization, whether public, private, for profit, not for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children. (7) 'Clergy' means ministers, priests, rabbis, imams, or similar functionaries, by whatever name called, of a bona fide religious organization. (8) 'Emotional abuse' means acts or omissions by a parent, guardian, legal custodian, or other person responsible for the care of a child that cause any mental injury to such child's intellectual or psychological capacity as evidenced by an observable and significant impairment in such child's ability to function within a child's normal range of performance and behavior or that create a substantial risk of impairment. (9) 'Labor servitude' means work or service of economic or financial value which is performed or provided by another individual and is induced or obtained by coercion or deception. (10) 'Legal custodian' means: (A) A person to whom legal custody of a child has been given by order of a court; or (B) A public or private agency or other private organization licensed or otherwise authorized by law to receive and provide care for a child to which legal custody of such child has been given by order of a court. (11) 'Neglect' means: (A) The failure to provide proper parental care or control, subsistence, education as required by law, or other care or control necessary for a child's physical, mental, or emotional health or morals; (B) The failure to provide a child with adequate supervision necessary for such child's well-being; or (C) The abandonment of a child by his or her parent, guardian, or legal custodian. (12) 'Person responsible for the care of a child' means: (A) An adult member of a child's household; (B) A person exercising supervision over a child for any part of the 24 hour day; or (C) Any adult who, based on his or her relationship to the parent, guardian, or legal custodian or a member of a child's household, has access to such child.

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(13) 'Pregnancy resource center' means an organization or facility that: (A) Provides pregnancy counseling or information as its primary purpose, either for a fee or as a free service; (B) Does not provide or refer for abortions; (C) Does not provide or refer for FDA approved contraceptive drugs or devices; and (D) Is not licensed or certified by the state or federal government to provide medical or health care services and is not otherwise bound to follow the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, or other state or federal laws relating to patient confidentiality.
(14) 'Prenatal abuse' means exposure to chronic or severe use of alcohol or the unlawful use of any controlled substance, as such term is defined in Code Section 16-13-21, which results in:
(A) Symptoms of withdrawal in a newborn or the presence of a controlled substance or a metabolite thereof in a newborn's body, blood, urine, or meconium that is not the result of medical treatment; or (B) Medically diagnosed and harmful effects in a newborn's physical appearance or functioning. (15) 'Reproductive health care facility' means any office, clinic, or any other physical location that provides abortions, abortion counseling, abortion referrals, or gynecological care and services. (16) 'School' means any public or private pre-kindergarten, elementary school, secondary school, technical school, vocational school, college, university, or institution of postsecondary education. (17) 'Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not such person's spouse to engage in any act which involves: (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure; or (J) Any act described by subsection (c) of Code Section 16-5-46.

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Sexual abuse shall include consensual sex acts when the sex acts are between minors if any individual is less than 14 years of age; provided, however, that it shall not include consensual sex acts when the sex acts are between a minor and an adult who is not more than four years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent. (18) 'Sexual exploitation' means conduct by any person who allows, permits, encourages, or requires a child to engage in:
(A) Sexual servitude, as defined in Code Section 16-5-46; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100." "(j) The treatment of a child in good faith solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall not in and of itself be considered child abuse."

SECTION 13. Said title is further amended by revising paragraph (12) of Code Section 19-15-1, relating to definitions, as follows:
"(12) 'Sexual exploitation' means conduct by any person who allows, permits, encourages, or requires a child to engage in:
(A) Sexual servitude, as defined in Code Section 16-5-46; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100."

SECTION 14. Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to child abuse records, is amended by revising paragraph (11) of subsection (a) of Code Section 49-5-40, relating to definitions, confidentiality of records, and restricted access to records, as follows:
"(11) 'Sexual exploitation' means conduct by any individual who allows, permits, encourages, or requires any child to engage in:
(A) Trafficking of persons for labor or sexual servitude, in violation of Code Section 16-5-46; (B) Sexual servitude, as defined in Code Section 16-5-46; (C) Obscene depiction of a minor, in violation of Code Section 16-11-40.1; (D) Nude or sexually explicit electronic transmission, in violation of Code Section 16-11-90; or (E) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, in violation of Code Section 16-12-100."

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SECTION 15. This Act shall become effective on January 1, 2022.

SECTION 16. All laws and parts of laws in conflict with this Act are repealed.

Approved May 3, 2021.

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EDUCATION UNIVERSITY SYSTEM OF GEORGIA; TECHNICAL COLLEGE SYSTEM OF GEORGIA; PROVIDE FOR IN-STATE TUITION FOR YOUTH WHO ARE FROM HOMELESS SITUATIONS; PROVIDE FOR AND URGE WAIVER OF COSTS FOR CERTAIN FOSTER AND ADOPTED INDIVIDUALS.

No. 139 (Senate Bill No. 107).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for in-state tuition at units of the University System of Georgia and the Technical College System of Georgia for youth who are from homeless situations; to provide for the waiver of tuition and all fees, including customary rooming and board fees, for qualifying foster and adopted students by units of the Technical College System of Georgia, subject to certain exceptions; to provide for such exceptions; to provide for the Technical College System of Georgia to waive costs for qualifying foster and adopted individuals to obtain a GED; to provide for student qualifications; to provide for the involvement and duties of the Division of Family and Children Services; to provide for the involvement of the State Board of the Technical College System of Georgia; to provide for a statement of purpose; to urge the Board of Regents of the University System of Georgia to adopt similar waiver provisions for the benefit of youth who age out of foster care; to provide for certain homeless students to be classified for in-state tuition; to provide for definitions; to provide for construction; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-3-66, relating to the determination of in-state resident status of students for tuition or fees relative to postsecondary education, as follows:
"20-3-66. (a) As used in this Code section, the term:
(1) 'Dependent student' means an individual under the age of 24 who receives financial support from a parent or United States court appointed legal guardian. (2) 'Emancipated' means a minor who, under certain circumstances, may be treated by the law as an adult. A student reaching the age of 18 shall not qualify for consideration of reclassification by virtue of having become emancipated unless he or she can demonstrate financial independence and domicile independent of his or her parents. (3) 'Independent student' means an individual who is not claimed as a dependent on the federal or state income tax returns of a parent or United States court appointed legal guardian and whose parent or guardian has ceased to provide support and right to that individual's care, custody, and earnings. (4) 'Student from a homeless situation' means an individual United States citizen who:
(A)(i) Has graduated from a Georgia high school or an equivalent high school in another state; or (ii) Has received a HiSET or general educational development (GED) diploma awarded by the Technical College System of Georgia or the equivalent from another state; and (B)(i) Is under the age of 24; (ii) Currently lacks, or during the previous academic year lacked, a fixed, regular, and adequate nighttime residence as described under the McKinney-Vento Homeless Assistance Act, codified at 42 U.S.C. Section 11301, et seq., as of January 1, 2021; and (iii) Has evidence of such status as provided for in division (ii) of this subparagraph from:
(I) A local educational agency homeless liaison, as provided for under the McKinney-Vento Homeless Assistance Act, codified at 42 U.S.C. Section 11301, et seq., as of January 1, 2021; (II) The director, or his or her designee, of an emergency or transitional shelter, street outreach program, homeless youth drop-in center, or other such program serving homeless youth or families; (III) The director, or his or her designee, of a program funded under Part A of Title IV of the Social Security Act, codified at 42 U.S.C. Section 601, et seq., as of January 1, 2021;

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(IV) The state or tribal organization that administers a state plan under Part B or E of Title IV of the Social Security Act, codified at 42 U.S.C. Section 601, et seq., as of January 1, 2021; (V) Staff of a university accredited under the laws of this state; or (VI) Such other similar professional, as deemed appropriate by the postsecondary educational institution; provided, however, that the term 'student from a homeless situation' shall not mean an individual who is or for any period within the last 12 consecutive months has been incarcerated in any correctional institution, detention center, jail, or other similar facility after having been convicted of a crime. (b)(1) An independent student who has established and maintained a domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term shall be classified as in-state for tuition purposes. No student shall gain or acquire in-state classification while attending any postsecondary educational institution in this state without clear evidence of having established domicile in Georgia for purposes other than attending a postsecondary educational institution in this state. (2) If an independent student classified as in-state for tuition purposes relocates out of state temporarily but returns to the State of Georgia within 12 months of the relocation, such student shall be entitled to retain his or her in-state tuition classification. (c)(1) A dependent student shall be classified as in-state for tuition purposes if such dependent student's parent has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term and: (A) The student has graduated from a Georgia high school; or (B) The parent claimed the student as a dependent on the parent's most recent federal or state income tax return. (2) A dependent student shall be classified as in-state for tuition purposes if such student's United States court appointed legal guardian has established and maintained domicile in the State of Georgia for at least 12 consecutive months immediately preceding the first day of classes for the term, provided that such appointment was not made to avoid payment of out-of-state tuition, and such guardian can provide clear evidence of having established and maintained domicile in the State of Georgia for a period of at least 12 consecutive months immediately preceding the first day of classes for the term. (3) If the parent or United States court appointed legal guardian of a dependent student currently classified as in-state for tuition purposes establishes domicile outside of the State of Georgia after having established and maintained domicile in the State of Georgia, such student may retain his or her in-state tuition classification so long as such student remains continuously enrolled in a public postsecondary educational institution in this

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state, regardless of the domicile of such student's parent or United States court appointed legal guardian. (d) Any student from a homeless situation shall be classified as in-state for tuition purposes. Upon the classification of any such student as in-state for tuition purposes, such student shall maintain such classification until the earlier occurrence of the completion of a baccalaureate degree or ten years. (e) Noncitizen students shall not be classified as in-state for tuition purposes unless the student is legally in this state and there is evidence to warrant consideration of in-state classification as determined by the board of regents. Lawful permanent residents, refugees, asylees, or other eligible noncitizens as defined by federal Title IV regulations may be extended the same consideration as citizens of the United States in determining whether they qualify for in-state classification. International students who reside in the United States under nonimmigrant status conditioned at least in part upon intent not to abandon a foreign domicile shall not be eligible for in-state classification."

SECTION 2. Said title is further amended by repealing Code Section 20-3-660, relating to program of grants created, terms and conditions, applications, eligibility, duties of the Division of Family and Children Services, expenses and fees covered, and report by the Education Coordinating Council, and enacting a new Code Section 20-3-660 to read as follows:
"20-3-660. (a) It is the policy of the General Assembly that resources of this state should be committed to support benefits and positive outcomes for youth who age out of foster care. A postsecondary education can benefit these youth, many of whom who have come from places of great disadvantage; however, too few have been able to realize the benefit. Therefore, the General Assembly establishes this program to support as many of these youth as possible in realizing the benefits of postsecondary education. The General Assembly urges and recommends that the Board of Regents adopt substantially similar tuition waiver programs for these youth to realize the benefits of postsecondary education in the University System of Georgia. (b) As used in this Code section, the term:
(1) 'Public postsecondary educational institution' means any unit of the Technical College System of Georgia. (2) 'Waiver program' or 'program' means the program provided for in this Code section. (c) Tuition and all fees, including, but not limited to, any fees, costs, or charges relating to customary housing, meal, or room and board programs, for any undergraduate program of any public postsecondary educational institution shall be waived as provided for in this Code section for each foster child or adopted child who meets the following requirements:
(1)(A) The student's family receives state funded adoption assistance as provided in Code Section 49-5-8;

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(B) The student is currently in the custody of the Division of Family and Children Services of the Department of Human Services as provided in Code Section 15-11-212; (C) The student is participating in the Division of Family and Children Services independent living program in accordance with applicable policies and procedures; or (D) The student is an adopted child who was in the permanent legal custody of and placed for adoption by the Division of Family and Children Services following the child's fourteenth birthday, including any such student who, at the time of application to a public postsecondary educational institution, resides outside of Georgia due to such placement. (2) The student is currently enrolled full-time or part-time in a public postsecondary educational institution or, within three years of receiving his or her high school diploma or general educational development (GED) diploma, the student has been accepted for admission to a public postsecondary educational institution; (3) The student remains in good standing and meets the standard for satisfactory academic progress as defined by the public postsecondary educational institution and as applied to undergraduate students generally; (4) The student has not reached the age of 28; (5) The student completes a simplified application process established by the Division of Family and Children Services, which shall include completion of the Free Application for Federal Student Aid (FAFSA) to determine the level of need and eligibility for state and federal financial aid programs; provided, however, that a student who is presumptively eligible to participate in the waiver program shall be permitted to provisionally participate in the waiver program for a period of up to 30 days pending the student's completion of the application process; and (6) The student is a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements. (d) For each student who meets the requirements provided for in subsection (c) of this Code section, such student's public postsecondary educational institution shall waive tuition and all fees as necessary to cover all assessed costs of attendance, as defined in 20 U.S.C. Section 1087ll, that are not covered by all available federal and nonfederal student aid sources identified in the student's Student Aid Report from the United States Department of Education excepting student loans and any work-study program provided for in 42 U.S.C. 2751-2756b. (e) For each individual who meets the requirements provided for in paragraph (1) of subsection (c) of this Code section, the Technical College System of Georgia shall provide for the waiver of all tuition and fees necessary to cover the full cost for such individual to obtain a general educational development (GED) diploma, provided that such costs are limited to GED preparation courses provided by the Technical College System of Georgia and GED tests facilitated by the Technical College System of Georgia. (f) The Division of Family and Children Services shall:

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(1) Advertise the availability of the waiver program and ensure that the children and young adults leaving foster care, foster parents, and any other applicable resources are informed of the availability of the waiver program and the related application procedures; (2) Provide application forms to participate in the waiver program to all children and young adults leaving foster care; (3) Provide assistance to students attempting to complete the application process; (4) Report the number of students participating in the waiver program on October 1 of each year to the Office of Planning and Budget and the Office of the Child Advocate; (5) Report nonidentifying data on graduation rates of students participating in the waiver program by November 30 each year to the Office of Planning and Budget and the Office of the Child Advocate; and (6) Promulgate such rules and regulations as may be required to carry out the provisions of this Code section. (g) The State Board of the Technical College System of Georgia shall adopt policies creating an expedited and simplified process to work in collaboration with Division of Family and Children Services and to enroll eligible students with a simplified process involving minimal paperwork. (h) Nothing in this Code section shall be construed to: (1) Guarantee acceptance of or entrance into any public postsecondary educational institution for a foster child or adopted child; (2) Limit the participation of a student who is a foster child or adopted child in any other program of financial assistance for postsecondary education; (3) Restrict any public postsecondary educational institution or the Division of Family and Children Services from accessing other sources of financial assistance, except loans, that may be available to a foster child or adopted child who meets the eligibility requirements of the waiver program; or (4) Provide access to a public benefit, as such term is defined in Code Section 50-36-1, for individuals except as permitted by state and federal law."

SECTION 3. Said title is further amended by revising Code Section 20-4-21, relating to tuition fees for vocational, technical, and adult education, as follows:
"20-4-21. (a) As used in this Code section, 'student from a homeless situation' shall have the same meaning as provided for in Code Section 20-3-66. (b) Any postsecondary technical school operated by a local board of education, an area postsecondary technical education board, or the Technical College System of Georgia shall be authorized to charge tuition fees in conformity with the rules and regulations promulgated by the State Board of the Technical College System of Georgia; provided, however, that any student from a homeless situation shall be classified as in-state for tuition purposes. Upon the classification of such student as in-state for tuition purposes, such

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student shall maintain such classification until the earlier occurrence of the completion of a diploma, certificate, or degree at a unit of the Technical College System of Georgia or ten years. (c) Tuition fees charged by postsecondary technical schools operated by local boards of education, area postsecondary technical education boards, and the Technical College System of Georgia shall not be used to supplant existing state or local funding but shall be used for budgeted improvements not funded from existing state and local sources. (d) The Technical College System of Georgia shall not withhold from any postsecondary technical school which charges tuition fees as authorized by this Code section any funds which would otherwise be payable by the Technical College System of Georgia to such school by contract, grant, or otherwise."

SECTION 4. This Act shall become effective on July 1, 2021.

SECTION 5. All other laws or parts of laws that conflict with this Act are repealed.

Approved May 3, 2021.

__________

DOMESTIC RELATIONS GUARDIAN AND WARD STRENGTHEN, CLARIFY, AND UPDATE PROVISIONS REGARDING PROTECTION
OF CHILDREN; REVISE ADOPTION PROCEEDINGS.

No. 140 (House Bill No. 154).

AN ACT

To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to strengthen, clarify, and update provisions relating to the protection of children, including foster children and adopted children; to allow for notice by certified mail in certain adoption proceedings; to revise a provision relating to the surrender of a mother's parental rights; to revise a provision relating to the results of a search of the putative father registry; to include certain provisions in adoption petitions; to revise provisions relating to appointment of an agent for a petitioner; to revise provisions relating to required criminal history records checks of petitioners; to revise provisions relating to petitioners who are nonresidents of Georgia; to provide for an additional unlawful inducement with respect to adoptions; to provide for restitution; to prohibit certain adoption facilitators; to revise various adoption related forms with respect to revocation periods; to amend Code Section 29-4-10

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of the Official Code of Georgia Annotated, relating to petition for appointment of guardian and requirements for petition, so as to provide for the appointment of a guardian for a minor who is in the custody of the Division of Family and Children Services when the minor becomes an adult; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising paragraph (3) of subsection (b) of Code Section 19-8-2, relating to jurisdiction and venue of adoption proceedings, as follows:
"(3) When a child has been placed for adoption with an individual who is a resident of another state in compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children; with an individual who is a resident of another state to which the Interstate Compact on the Placement of Children does not apply; or with an individual who is a resident of another country, such petition shall be filed in:
(A) The court of the county where the child was born, or resides, or was residing at the time of placement; (B) The court of the county in which is located any child-placing agency having legal custody of the child; or (C) Superior Court of Fulton County."

SECTION 2. Said title is further amended by revising Code Section 19-8-3, relating to who may petition to adopt a child, as follows:
"19-8-3. (a) Any individual may petition to adopt a child if he or she:
(1) Is at least 21 years of age or is married and living with his or her spouse; (2) Is at least ten years older than the child, except such ten-year requirement shall not apply when the petitioner is a stepparent or relative and the petition is filed pursuant to Code Section 19-8-6 or 19-8-7;
(3)(A) Is a bona fide resident of this state at the filing of the petition for adoption; or (B) Is a bona fide resident of the receiving state when the adoptee was either born in this state or is a resident of this state at the time of his or her placement for adoption, and was placed in compliance with Chapter 4 of Title 39, relating to the Interstate Compact on the Placement of Children. For purposes of this paragraph, a nonresident of Georgia is deemed to have complied with the Interstate Compact on the Placement of Children if the compact does not apply as defined in Article VIII of the Compact or if the individual is a resident of another country; and (4) Is financially, physically, and mentally able to have permanent custody of the child.

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(b) If an individual seeking to adopt a child is married, the petition for adoption shall be filed in the name of both spouses; provided, however, that, when the child is or was the stepchild of the party seeking to adopt, such petition shall be filed by the stepparent alone."

SECTION 3. Said title is further amended by revising subsection (j) of Code Section 19-8-5, relating to third party adoption by party who is not stepparent or relative of child, as follows:
"(j) A petition for adoption pursuant to this Code section shall be filed within 60 days from the date the surrender of rights is executed; provided, however, that for good cause shown the court may waive the 60 day requirement. If the petition for adoption is not filed within the time period specified by this subsection and the court does not waive the 60 day requirement or if the proceedings resulting from such petition are not concluded with an order granting such petition, then the surrender of rights shall operate as follows according to the election made in such surrender by the parent or guardian of the child:
(1) In favor of such parent or guardian, with the express stipulation that neither this nor any other provision of the surrender of rights shall be deemed to impair the validity, absolute finality, or totality of such surrender under any other circumstance, once the revocation period has elapsed; (2) In favor of the child-placing agency or out-of-state licensed agency designated in the surrender of rights, if any; or (3) If the parent or guardian is not designated and no child-placing agency or out-of-state licensed agency is designated in the surrender of rights, or if the designated child-placing agency or out-of-state licensed agency declines to accept the child for placement for adoption, in favor of the department for placement for adoption pursuant to Code Section 19-8-4."

SECTION 4. Said title is further amended by revising Code Section 19-8-9, relating to revocation of surrender of rights, time limit, and effect of voluntary surrender of rights by legal mother, as follows:
"19-8-9. (a) Notwithstanding subsection (a) of Code Section 9-10-12 which authorizes the use of certified mail, an individual signing a surrender of rights pursuant to Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall have the right to revoke such surrender by written notice delivered in person or mailed by registered mail or statutory overnight delivery within four days after signing such surrender; and such surrender document shall not be valid unless it so states. The four-day revocation period shall be counted consecutively beginning with the day immediately following the date the surrender of rights is executed; provided, however, that, if the fourth day falls on a Saturday, Sunday, or legal holiday, then the last day on which such surrender may be revoked shall be the next day that is not a Saturday, Sunday, or legal holiday. After the four-day period, a surrender

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of rights cannot be revoked. Notwithstanding subsection (a) of Code Section 9-10-12 which authorizes the use of certified mail, the notice of revocation of a surrender of rights shall be delivered in person or mailed by registered mail or statutory overnight delivery to the address designated in the surrender document. If delivered in person, it shall be delivered to the address shown in the surrender document not later than 5:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the fourth day. If mailed by registered mail or delivered by statutory overnight delivery, it shall be addressed to the address shown in the surrender document and submitted to the United States Postal Service or to the statutory overnight delivery carrier not later than 12:00 Midnight eastern standard time or eastern daylight time, whichever is applicable, on the fourth day. (b) If a legal mother has either voluntarily and in writing surrendered all of her parental rights pursuant to Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 or pursuant to the corresponding provisions of the laws of another state, and has not revoked her surrender as allowed by applicable law, or has had her parental rights involuntarily terminated by a court of competent jurisdiction, she shall have no right or authority to sign a voluntary acknowledgment of paternity pursuant to Code Section 19-7-46.1 or consent to the granting of a petition for legitimation filed pursuant to Code Section 19-7-22 regarding the same child."

SECTION 5. Said title is further amended by revising subsection (c) of Code Section 19-8-10, relating to when surrender or termination of parental rights of living parent not required, service on parents in such cases, and involuntary termination of rights, as follows:
"(c)(1) Whenever it is alleged by any petitioner that surrender or termination of rights of a living parent is not a prerequisite to the granting of a petition for adoption of a child of such parent in accordance with subsection (a) or (b) of this Code section, such parent shall be personally served with a conformed copy of the adoption petition, together with a copy of the court's order thereon specified in Code Section 19-8-14, or, if personal service cannot be perfected, by certified mail or registered mail, return receipt requested, or statutory overnight delivery, one-day service not required, at his or her last known address. If service cannot be made by these methods, such parent shall be given notice by publication once a week for three weeks in the official organ of the county where such petition has been filed and of the county of his or her last known address. In the interest of time, publication may be initiated simultaneously with efforts to perfect service personally, by certified mail or registered mail, or by statutory overnight delivery. The court shall continue to have the inherent authority to determine the sufficiency of service. A parent who receives notification pursuant to this paragraph shall not be a party to the adoption and shall have no obligation to file an answer, but shall have the right to appear in the pending adoption proceeding and show cause why such parent's rights to the child who is the subject of the proceeding should not be terminated by that adoption. Notice shall be deemed to have been received on the earliest date:

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(A) Personal service is perfected; (B) Of delivery shown on the return receipt of certified mail or registered mail or proof of delivery by statutory overnight delivery; or (C) Of the last publication. (2) No prior order of court shall be required to publish notice pursuant to this Code section; provided, however, that before publication may be relied upon as a means of service, it shall be averred that, after diligent efforts, service could not be perfected personally, by certified mail, by registered mail, or by statutory overnight delivery."

SECTION 6. Said title is further amended by revising subsection (b) of Code Section 19-8-11, relating to petitioning superior court to terminate rights of one parent or guardian of child and service of process, as follows:
"(b)(1) Whenever a petition to terminate parental rights is filed pursuant to subsection (a) of this Code section, the parent whose rights the petitioner is seeking to terminate shall be personally served with a conformed copy of the petition to terminate parental rights and a copy of the court's order setting forth the date upon which such petition shall be considered or, if personal service cannot be perfected, by certified mail or registered mail, return receipt requested, or statutory overnight delivery, one-day service not required, at his or her last known address. If service cannot be made by these methods, such parent shall be given notice by publication once a week for three weeks in the official organ of the county where such petition has been filed and of the county of his or her last known address. In the interest of time, publication may be initiated simultaneously with efforts to perfect service personally, by certified mail or registered mail, or by statutory overnight delivery. The court shall continue to have the inherent authority to determine the sufficiency of service. A parent who receives notification pursuant to this paragraph shall not be a party to the adoption and shall have no obligation to file an answer, but shall have the right to appear in the pending termination of parental rights proceeding and show cause why such parent's rights to the child who is the subject of the proceeding should not be terminated. Notice shall be deemed to have been received on the earliest date:
(A) Personal service is perfected; (B) Of delivery shown on the return receipt of certified mail or registered mail or proof of delivery by statutory overnight delivery; or (C) Of the last publication. (2) No prior order of court shall be required to publish notice pursuant to this Code section; provided, however, that before publication may be relied upon as a means of service, it shall be averred that, after diligent efforts, service could not be perfected personally, by certified mail, by registered mail, or by statutory overnight delivery."

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SECTION 7. Said title is further amended by revising subsections (c), (d), and (i) of Code Section 19-8-12, relating to notice to biological father, procedure when identity or location of father not known, effect of order terminating biological father's rights, legitimation of child by father, and rights of mother, as follows:
"(c)(1) Notification provided for in subsection (b) of this Code section shall be given to a biological father who is not a legal father by the following methods:
(A) Certified mail or registered mail, return receipt requested, or statutory overnight delivery, one-day service not required, at his last known address, which notice shall be deemed received upon the date of delivery shown on the return or delivery receipt; (B) Personal service, which notice shall be deemed received when personal service is perfected; or (C) Publication once a week for three weeks in the official organ of the county where the adoption petition has been filed and of the county of his last known address, which notice shall be deemed received upon the date of the last publication. (2) If feasible, the methods specified in subparagraph (A) or (B) of paragraph (1) of this subsection shall be used before publication; provided, however, that in the interest of time, publication may be initiated simultaneously with efforts to perfect service personally, by certified mail or registered mail, or by statutory overnight delivery. (3) No prior order of court shall be required to publish notice pursuant to this Code section; provided, however, that before publication may be relied upon as a means of service, it shall be averred that, after diligent efforts, service could not be perfected personally, by certified mail or registered mail, or by statutory overnight delivery. (d)(1) When the rights of a parent or guardian of a child have been surrendered or terminated in accordance with Code Section 19-8-4 or the child does not have a living parent or guardian, the department, child-placing agency, or out-of-state licensed agency may file, under the authority of this paragraph, a petition to terminate a biological father's rights to the child with the superior court of the county of the child's domicile, of the county where the child was born, of the county in which is located the principal office of the child-placing agency having legal custody of the child, or of the county in which is located the office of the department having legal custody of the child. (2) When the rights of a parent or guardian of a child have been surrendered in accordance with Code Section 19-8-5, 19-8-6, or 19-8-7, the child does not have a living parent or guardian, a consent to adopt has been executed pursuant to paragraph (2) of subsection (a) of Code Section 19-8-6, or the petitioner is seeking to involuntarily terminate parental rights pursuant to Code Section 19-8-10, the petitioner shall file, under the authority of this paragraph, with the superior court of the county of the child's domicile or of the county where the child was born a motion, if a petition for adoption of the child has previously been filed with the court, or a petition to terminate a biological father's rights to the child.

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(3) When a petition or motion is filed pursuant to paragraph (1) or (2) of this subsection, the court shall, within 30 days from the date of receipt of the notice required by subsection (b) of this Code section or, when no notice is required to be given, from the date of such filing, conduct a hearing in chambers to determine the facts in the matter. (4) Unless the identity of a biological father is known to the petitioner, department, child-placing agency, or out-of-state licensed agency or to the attorney for such individual or entity such that he is entitled to notice of the proceedings as provided in this Code section, when the petitioner provides a certificate from the putative father registry stating that there is no registrant identified on the putative father registry acknowledging paternity of the child or indicating possible paternity of the child for a period beginning no later than two years immediately prior to the child's date of birth, then it shall be rebuttably presumed that an unnamed biological father who is not a legal father is not entitled to notice of the proceedings. Absent evidence rebutting the presumption, then no further inquiry or notice shall be required by the court and the court shall enter an order terminating the rights of such unnamed biological father to the child." "(i) If the child is legitimated by his or her biological father and in the adoption proceeding the petition for adoption is revoked with prejudice or denied by the court, then a SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION executed by a legal mother pursuant to Code Section 19-8-4, 19-8-5, or 19-8-7 shall be dissolved by operation of law and her parental rights shall be restored to her. The fact that a legal mother executed a SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION, now dissolved, shall not be admissible as evidence against a legal mother in any proceeding against her."

SECTION 8. Said title is further amended by revising subsections (a), (g), and (h) of Code Section 19-8-13, relating to petition, filing and contents, financial disclosures, attorney's affidavit, and redaction of certain information unnecessary, and by adding a new subsection to read as follows:
"(a) The petition for adoption, duly verified, together with one conformed copy thereof, shall be filed with the clerk of the superior court having jurisdiction and shall conform to the following guidelines:
(1) The petition for adoption shall set forth: (A) The name, age, date and place of birth, marital status, and place of residence of each petitioner; (B) The name by which the child is to be known should the adoption ultimately be completed; (C) The sex, date and place of birth, and citizenship or immigration status of the child, and if the child is neither a United States citizen nor a lawful permanent resident of the United States on the date such petition is filed, the petitioner shall explain how such child will be able to obtain lawful permanent resident status; (D) The date and circumstances of the placement of the child with each petitioner;

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(E) Whether the child is possessed of any property and, if so, a full and complete description thereof; (F) Whether the child has one or both parents or his or her biological father who is not a legal father living; (G) Whether the child has a guardian and, if so, the name of the guardian and the name of the court that appointed such guardian; (H) Whether the child has a legal custodian and, if so, the name of the legal custodian and the name of the court that appointed such custodian; and (I) Whether each petitioner or his or her attorney is aware of any other adoption proceeding pending to date, in this or any other state or country, regarding the child who is the subject of the proceeding that is not fully disclosed in such petition and whether each petitioner or his or her attorney is aware of any individual who has or claims to have physical custody of or visitation rights with the child who is the subject of the proceeding whose name and address and whose custody or visitation rights are not fully disclosed in such petition. Each petitioner and his or her attorney shall have a continuing duty to inform the court of any proceeding in this or any other state or country that could affect the adoption proceeding or the legal custody of or visitation with the child who is the subject of the proceeding; (2) When the adoption is pursuant to subsection (a) of Code Section 19-8-4, the following shall be provided or attached to the petition for adoption or its absence explained when the petition for adoption is filed: (A) If the adoption is pursuant to:
(i) Paragraph (1) of such subsection, a copy of the written voluntary surrender of rights of each parent or guardian specified in subsection (e) of Code Section 19-8-4 and a copy of the written acknowledgment of surrender of rights specified in subsection (f) of Code Section 19-8-4; or (ii) Paragraph (2) of such subsection, a certified copy of the order entered by a court of competent jurisdiction terminating parental rights of the parent and committing the child to the department, child-placing agency, or out-of-state licensed agency; (B) A copy of the affidavits specified in subsections (g) and (h) of Code Section 19-8-4; (C) An original affidavit from the department or a child-placing agency stating that all of the requirements of Code Sections 19-8-4 and 19-8-12 have been complied with and that the child is legally available for adoption or, in the case of a placement by an out-of-state licensed agency, that the comparable provisions dealing with the termination of parental rights of the parents and of a biological father who is not a legal father of the child have been complied with under the laws of the state or country in which the out-of-state licensed agency is licensed and that the child is legally available for adoption thereunder; (D) The original written consent of the department, child-placing agency, or out-of-state licensed agency to the adoption;

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

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

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a legal father when the petition for adoption is filed pursuant to subsection (a) of Code Section 19-8-8. (C) When the adoption is pursuant to subsection (b) of Code Section 19-8-8, the following shall be provided or attached to the petition for adoption when the petition for adoption is filed:
(i) A copy along with an English translation of the final decree or order of guardianship from the foreign country; (ii) Copies of all postplacement reports, if required by the foreign country that entered the guardianship decree or order; (iii) Authorization to proceed with adoption if specifically required by the decree or order entered by the court or administrative agency in the foreign country; (iv) A copy of the child's passport page showing an immediate relative immigrant visa or Hague Convention immigrant visa obtained to grant the child entry into the United States in order to finalize his or her adoption; and (v) A copy along with an English translation of the child's birth certificate or registration; (7) When Code Section 19-8-10 is applicable, parental rights need not be surrendered or terminated prior to the filing of the petition for adoption; but the petitioner shall, in lieu of obtaining and attaching those otherwise required surrenders of rights, acknowledgments, and affidavits, allege facts in the petition for adoption demonstrating the applicability of subsection (a) or (b), or both, of Code Section 19-8-10 and shall also allege compliance with subsection (c) of Code Section 19-8-10; (8) When Code Section 19-8-11 is applicable, the petitioner shall allege facts in the petition demonstrating the applicability of paragraph (3) of subsection (a) of Code Section 19-8-11 and shall also allege compliance with subsection (b) of Code Section 19-8-11; and (9) If the petition for adoption is filed in a county other than that of the petitioner's residence, the reason therefor shall be set forth in such petition." "(g) Notwithstanding Code Sections 19-8-5 and 19-8-7 and this Code section which require obtaining and attaching a written voluntary surrender of rights and acknowledgment thereof and affidavits of a legal mother and a representative of the petitioner or of the individual signing such surrender, when the adoption is sought under Code Section 19-8-5 or 19-8-7 following the termination of parental rights and the placement of the child by the juvenile court pursuant to Code Section 15-11-321 or pursuant to the corresponding provisions of the laws of another state, obtaining and attaching to the petition for adoption a certified copy of the order terminating parental rights of the parent shall take the place of obtaining and attaching those otherwise required surrenders of rights, acknowledgments, and affidavits. (h)(1) A petition for adoption regarding a child who has a living biological father who is not a legal father and who has not surrendered his rights to the child shall include a certificate from the putative father registry disclosing the name, address, and social

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security number of any registrant acknowledging paternity of the child pursuant to subparagraph (d)(2)(A) of Code Section 19-11-9 or indicating the possibility of paternity of such child pursuant to subparagraph (d)(2)(B) of Code Section 19-11-9 for a period beginning no later than two years immediately prior to the child's date of birth. Such certificate shall indicate the results of a search of the registry on or after the earliest of the following:
(A) The date of a legal mother's surrender of parental rights; (B) The date of entry of the court order terminating a legal mother's parental rights; (C) The date of a legal mother's consent to adoption pursuant to Code Section 19-8-6; or (D) The date of filing of the petition for adoption, in which case the certificate may be filed as an amendment to the petition for adoption. (2) Such certificate shall include a statement that the registry is current as of the earliest date listed in subparagraphs (A) through (D) of paragraph (1) of this subsection, or as of a specified date that is later than the earliest such date. (3) When a legal mother of the child who is the subject of the proceeding identifies her husband as the biological father of the child and he has executed a surrender of his parental rights in favor of the petitioner, the petitioner shall obtain a certificate from the putative father registry and submit it with the petition for adoption to confirm that no male other than the legal mother's husband has expressed an interest in the child or to identify a registrant other than the legal mother's husband who shall be notified pursuant to Code Section 19-8-12." "(j) A petition for the adoption of a child is an in rem proceeding and it shall be entitled 'In the interest of [insert name at birth of the child to be adopted], a child.', except upon appeal, in which event the anonymity of a child shall be preserved by use of appropriate initials. The petition shall be in writing."

SECTION 9. Said title is further amended by revising subsection (d) of Code Section 19-8-14, relating to timing of adoption hearing, record retention, and clerk's duties, as follows:
"(d) In those cases where the court is required to appoint an agent pursuant to subsection (a) of Code Section 19-8-16 to conduct an investigation and make a written report and recommendation to the court, it shall be the petitioner's responsibility to request that the court appoint the agent if the court does not do so sua sponte. Notwithstanding subsections (a) and (c) of this Code section, it shall be the petitioner's responsibility to request that the court hear the petition for adoption on a date that allows sufficient time for fulfillment of the notice requirements of Code Sections 19-8-10 and 19-8-12 and for receipt of the agent's written report and recommendation prior to the hearing, when applicable."

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SECTION 10. Said title is further amended by revising Code Section 19-8-16, relating to investigation by court-appointed agent and criminal history records check for adoption petitioners, as follows:
"19-8-16. (a) Prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of the agent appointed by the court to verify the allegations in the petition for adoption, to make a complete and thorough investigation of the entire matter, including any specific issue the court requests to be investigated, and to report its findings and recommendations in writing to the court where the petition for adoption was filed. The petitioner may assist the court by providing names of qualified individuals or agencies to serve as the court's agent. The agent may be the department, a child-placing agency, an evaluator, or an individual who the court determines is qualified to conduct the required investigation. The agent appointed by the court shall also provide the petitioner or his or her attorney with a copy of its report. If for any reason the agent appointed by the court finds itself unable to make or arrange for the proper investigation and report, it shall be the duty of the agent to notify the court immediately, or at least within 20 days after receipt of the request for investigation service, that it is unable to make the report and investigation, so that the court may take such other steps as in its discretion are necessary to have the investigation and report prepared. The investigation required by this Code section shall be in addition to the requirement of a home study in the case of a petition for adoption filed pursuant to Code Section 19-8-5. (b) If the petition for adoption has been filed pursuant to Code Section 19-8-6 or 19-8-7, the court shall be authorized but shall not be required to appoint an agent to make an investigation pursuant to subsection (a) of this Code section; provided, however, that a home study shall not be required.
(c)(1) If the petition for adoption has been filed pursuant to Code Section 19-8-8, the appointment of an agent to make an investigation and render a report pursuant to subsection (a) of this Code section shall not be required. (2) If the petition for adoption has been filed pursuant to Code Section 19-8-4 and the department or child-placing agency has consented to the adoption, the appointment of an agent to make an investigation and render a report pursuant to subsection (a) of this Code section shall not be required. (d) The court shall require the petitioner to submit to a criminal history records check except when the petitioner is brought pursuant to either Code Section 19-8-8 or Code Section 19-8-21. The petitioner shall submit his or her fingerprints to the Georgia Crime Information Center with the appropriate fee. The center shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and shall obtain an appropriate report. The Georgia Crime Information Center shall also promptly conduct a search of its records and any records to which it has access. The center shall notify the court in writing of the presence or absence of any criminal record from the state fingerprint records check. In those cases when the petitioner has submitted a fingerprint

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

SECTION 11. Said title is further amended by revising subsections (a) and (b) of Code Section 19-8-18, relating to hearing, district attorney to be directed to review inducement violations, decree of adoption, factors considered in determining best interests of child, and disposition of child on denial of petition, as follows:
"(a)(1) Upon the date appointed by the court for a hearing of the petition for adoption or as soon thereafter as the matter may be reached for a hearing, the court shall proceed to a full hearing on such petition and the examination of the parties at interest in chambers, under oath, with the right of continuing the hearing and examinations from time to time as the nature of the case may require. The court at such times shall give consideration to the investigation report to the court provided for in Code Section 19-8-16 and the recommendations contained in such report. There shall be a presumption that a petitioner who is a nonresident of Georgia should be granted the opportunity to appear via electronic means in lieu of physical presence before the court if his or her petition is uncontested, especially if appearing in person would cause hardship to the petitioner. In

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all other cases, the court may in its discretion allow the petitioner or any witness to appear via electronic means in lieu of requiring his or her physical presence before the court. (2) The court shall examine the petition for adoption and the affidavit specified in subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, as appropriate, to determine whether Code Section 19-8-12 is applicable. If the court determines that Code Section 19-8-12 is applicable to the petition for adoption, it shall:
(A) Determine that an appropriate order has previously been entered; (B) Enter an order consistent with Code Section 19-8-12; or (C) Continue the hearing until Code Section 19-8-12 is complied with. (3) If the adoption petition is filed pursuant to Code Section 19-8-5, the court shall examine the financial disclosures required under subsections (c) and (d) of Code Section 19-8-13 and make such further examination of each petitioner and his or her attorney as the court deems appropriate in order to make a determination as to whether there is cause to believe that Code Section 19-8-24 has been violated with regard to the inducement, as such term is defined in Code Section 19-8-24, of the placement of the child for adoption. Should the court determine that further inquiry is in order, the court shall direct the district attorney for the county to review the matter further and to take such appropriate action as the district attorney in his or her discretion deems appropriate. (b)(1) If the petition for adoption was filed pursuant to Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, the court shall enter a decree of adoption naming the child as prayed for in such petition; terminating all of the rights of each living parent, guardian, and legal custodian of the child, other than the spouse of the petitioner in the case of a stepparent adoption pursuant to Code Section 19-8-6; granting the permanent custody of the child to each petitioner; and declaring the child to be the adopted child of each petitioner if the court is satisfied that: (A) Each living parent or guardian of the child has surrendered or had terminated all of his or her rights to the child in the manner provided by law or that each petitioner has complied with the notice requirements of subsection (c) of Code Section 19-8-10 and satisfied his or her burden of proof under Code Section 19-8-10 or that the spouse has consented to the petitioner's adoption of the child as required by Code Section 19-8-6; (B) Each petitioner is capable of assuming responsibility for the care, supervision, training, and education of the child; (C) The child is suitable for adoption in a private family home; and (D) The adoption requested is in the best interests of the child. (2) When Code Section 19-8-10 has been relied upon by any petitioner for the termination of rights of a living parent, the court shall include in the decree of adoption appropriate findings of fact and conclusions of law relating to the termination of rights of such living parent and the court's determination that the adoption is in the child's best interests.

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(3) When the child was born in a country other than the United States, the court shall examine the evidence submitted in order to determine whether sufficient evidence has been proffered to show that the child has a viable path to lawful permanent resident status, if not already obtained. The court shall consider the evidence when making a determination if it is in the best interests of the child to grant the petition for adoption. (4) If there is an existing visitation order pursuant to Code Section 19-7-3 in favor of a family member, the court shall have the authority to continue or discontinue such visitation rights in the adoption order as it deems is in the best interests of the child."

SECTION 12. Said title is further amended by revising subsections (d), (e), and (g) of Code Section 19-8-24, relating to advertising restrictions and requirements, "inducements" defined, unlawful inducements, penalties, exemption for personal communications, and civil actions, as follows:
"(d)(1) It shall be unlawful for an individual to knowingly accept expenses as set forth in subparagraph (c)(1)(C) or (c)(1)(D) of this Code section for the adoption of her child or unborn child if she knows or should have known that she is not pregnant or is not a legal mother. (2) It shall be unlawful for an individual to knowingly accept expenses as set forth in subparagraph (c)(1)(C) or (c)(1)(D) of this Code section from an adoption agency or an attorney without disclosing that he or she is receiving such expenses from another adoption agency or attorney in an effort to allow for the adoption of the same child or unborn child. (3) It shall be unlawful for an individual to knowingly make false representations in order to obtain expenses as set forth in subparagraph (c)(1)(C) or (c)(1)(D) of this Code section. (4) It shall be unlawful for an individual to make false representations as to the existence of a pregnancy or the intention to place a child for adoption when such individual knows or should have known that the person purported to be pregnant is not pregnant or that the person purported to be offering the child for adoption has no intention of placing the child for adoption, and such representations cause another to expend financial resources or take other specific steps, including, but not limited to, travel or retaining the services of an attorney, agency or social worker, toward adoption of a child in reasonable reliance on such representations. (e) Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $10,000.00, imprisonment for not less than one nor more than ten years, or both and shall further be subject to a court order requiring such person to make restitution to a victim harmed by such person's violation." "(g)(1) Any child-placing agency or individual who is seeking to adopt or seeking to place a child for adoption who is damaged by a violation of this Code section may file

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a civil action to recover damages, treble damages, reasonable attorney's fees, and expenses of litigation. (2) Any individual who is seeking to adopt or seeking to place a child for adoption who is damaged by a violation of this Code section may file a civil action in tort, provided that such individual would have an existing tort claim under Georgia law."

SECTION 13. Said title is further amended by revising subsections (a) through (g) of Code Section 19-8-26, relating to forms, as follows:
"(a) The surrender of rights by a parent or guardian pursuant to paragraph (1) of subsection (e) of Code Section 19-8-4 shall conform substantially to the following form:
'SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION

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

_______________

STATE OF GEORGIA COUNTY OF ____________________

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

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

2. I, the undersigned, _____________________________________ (relationship to child) of the aforesaid child, do hereby surrender my rights to the child to

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

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

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

5. I understand that under Georgia law I have the unconditional right to a four-day revocation period. I understand I may only revoke this surrender by giving written notice, delivered in person or mailed by registered mail or statutory overnight delivery, to ____________________________________________________ (name and address of child-placing agency, out-of-state licensed agency, or Department of Human Services, as applicable) within four days from the date of signing this document. I understand that certified mail cannot be used for mail delivery of the notice to revoke this surrender. I understand that the four days will be counted consecutively beginning with the day immediately following the date I sign this document; provided, however, that, if the fourth day falls on a Saturday, Sunday, or legal holiday, then the last day on which this surrender may be revoked will be the next day that is not a Saturday, Sunday, or legal holiday. I understand that, if I deliver the notice to revoke this surrender in person, it must be delivered to ___________________________________ (name and address) not later than 5:00 P.M. eastern standard time or eastern daylight

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time, whichever is applicable, on the fourth day; provided, however, that if I mail the notice by registered mail or have it delivered by statutory overnight delivery, I must address it to the address shown in the surrender document and submit it to the United States Postal Service or to the statutory overnight delivery carrier not later than 12:00 Midnight eastern standard time or eastern daylight time, whichever is applicable, on the fourth day. I understand that I CANNOT revoke this surrender after that time.

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

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

This _______ day of ______________, ____.

______________________________ (Parent or guardian)

______________________________________________ Adult witness

Sworn to and subscribed before me this ________ day of _________, ____. ______________________________ Notary Public (SEAL) My commission expires: _______________________.' (b) The notice to revoke a surrender of rights pursuant to subsection (a) of Code Section 19-8-9 shall conform substantially to the following form:

'NOTICE TO REVOKE SURRENDER OF RIGHTS/ FINAL RELEASE FOR ADOPTION

I, the undersigned, executed a (SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION) (PRE-BIRTH SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION) [circle one] as to the child identified in the surrender of rights document on

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

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

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

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

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

OR

B. Mail the original of this document by registered mail or by statutory overnight delivery to the address designated in the surrender of rights document no later than 12:00 Midnight eastern standard time or eastern daylight time, whichever is applicable, on the fourth day of the revocation period specified in the surrender of rights document.

This ______day of _________,____.

_____________________________________ (Parent, guardian, or alleged biological father)

_____________________________________ (Printed name)

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

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

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Understand that you are signing this document under oath and that if you knowingly and willfully make a false statement in this document you will be guilty of the crime of false swearing. As explained below in paragraph 8, you have the right to revoke this surrender within four days from the date you sign it.

______________

STATE OF GEORGIA COUNTY OF ____________________

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

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

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

3. It is also my wish, intent, and purpose that if each such individual identified in paragraph 2 is not named as petitioner in a petition for adoption within the 60 day period, other than for justifiable good cause, or, if said petition for adoption is filed within 60 days but the adoption proceeding is dismissed with prejudice or otherwise

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concluded without an order declaring the child to be the adopted child of each such individual, then I do hereby surrender my rights to the child as follows:

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

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

OR

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

OR

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

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

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

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

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

8. I understand that under Georgia law I have the unconditional right to a four-day revocation period. I understand I may only revoke this surrender by giving written notice, delivered in person or mailed by registered mail or statutory overnight delivery, to ______________________________ (name and address of each individual to whom surrender is made or his or her agent) within four days from the date of signing this document. I understand that certified mail cannot be used for mail delivery of the notice to revoke this surrender. I understand that the four days will be counted consecutively beginning with the day immediately following the date I sign this document; provided, however, that, if the fourth day falls on a Saturday, Sunday, or legal holiday, then the last day on which this surrender may be revoked will be the next day that is not a Saturday, Sunday, or legal holiday. I understand that, if I deliver the notice to revoke this surrender in person, it must be delivered to ____________________________________ (name and address) not later than 5:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the fourth day; provided, however, that if I mail the notice by registered mail or have it delivered by statutory overnight delivery, I must address it to the address shown in the surrender document and submit it to the United States Postal Service or to the statutory overnight delivery carrier not later than 12:00 Midnight eastern standard time or eastern daylight time, whichever is applicable, on the fourth day. I understand that I CANNOT revoke this surrender after that time.

9. I understand that if I am not a resident of this state that I am agreeing to be subject to the jurisdiction of the courts of Georgia for any action filed in connection with the

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adoption of the child. I agree to be bound by a decree of adoption rendered as a result of this surrender of my parental rights.

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

This _______ day of ______________, ____.

______________________________ (Parent or guardian)

______________________________ Adult witness

Sworn to and subscribed before me this ________ day of __________, ____. ______________________________ Notary Public (SEAL) My commission expires: ______________.' (d) The surrender of rights by a biological father who is not a legal father of the child pursuant to paragraph (2) of subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall conform substantially to the following form:
'SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION

NOTICE TO ALLEGED BIOLOGICAL FATHER: This is an important legal document and by signing it you are surrendering all of your rights to the child identified in this document. Understand that you are signing this document under oath and that if you knowingly and willfully make a false statement in this document you will be guilty of the crime of false swearing. As explained below in paragraph 4, you have the right to revoke this surrender within four days from the date you sign it.

_______________

STATE OF GEORGIA COUNTY OF ____________________

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

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

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

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

4. I understand that under Georgia law I have the unconditional right to a four-day revocation period. I understand I may only revoke this surrender by giving written notice, delivered in person or mailed by registered mail or statutory overnight delivery, to ___________________________________ (name and address of child-placing agency representative, out-of-state licensed agency representative, Department of Human Services representative, individual to whom surrender is made or his or her agent, or petitioner's representative, as applicable) within four days from the date of signing this document. I understand that certified mail cannot be used for mail delivery of the notice to revoke this surrender. I understand that the four days will be counted consecutively beginning with the day immediately following the date I sign this document; provided, however, that, if the fourth day falls on a Saturday, Sunday, or legal holiday, then the last day on which this surrender may be revoked will be the next

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day that is not a Saturday, Sunday, or legal holiday. I understand that, if I deliver the notice to revoke this surrender in person, it must be delivered to ________________________________________ (name and address) not later than 5:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the fourth day; provided, however, that if I mail the notice by registered mail or have it delivered by statutory overnight delivery, I must address it to the address shown in the surrender document and submit it to the United States Postal Service or to the statutory overnight delivery carrier not later than 12:00 Midnight eastern standard time or eastern daylight time, whichever is applicable, on the fourth day. I understand that I CANNOT revoke this surrender after that time.

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

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

This ______ day of ______________, ____.

______________________________ (Alleged biological father)

_______________________ Adult witness

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

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'SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION

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

_______________

STATE OF GEORGIA COUNTY OF ____________________

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

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

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

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

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

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

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

6. I understand that under Georgia law I have the unconditional right to a four-day revocation period. I understand I may only revoke this surrender by giving written notice, delivered in person or mailed by registered mail or statutory overnight delivery, to ________________________________________ (name and address of each individual to whom surrender is made or petitioner's representative, as applicable) within four days from the date of signing this document. I understand that certified mail cannot be used for mail delivery of the notice to revoke this surrender. I understand that the four days will be counted consecutively beginning with the day immediately following the date I sign this document; provided, however, that, if the fourth day falls on a Saturday, Sunday, or legal holiday, then the last day on which this surrender may be revoked will be the next day that is not a Saturday, Sunday, or legal holiday. I understand that, if I deliver the notice to revoke my surrender in person, it must be delivered to ________________________________________(name and address) not later than 5:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the fourth day; provided, however, that if I mail the notice by registered mail or have it delivered by statutory overnight delivery, I must address it to the address shown in the surrender document and submit it to the United States Postal Service or to the statutory overnight delivery carrier not later than 12:00 Midnight eastern standard time or eastern daylight time, whichever is applicable, on the fourth day. I understand that I CANNOT revoke this surrender after that time.

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

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

This ______ day of ______________, ____.
______________________________ (Parent or guardian)
______________________________ Adult witness
Sworn to and subscribed before me this ________ day of _________, ____. ______________________________ Notary public (SEAL) My commission expires: ____________________.' (f) The pre-birth surrender of rights by a biological father who is not a legal father of the child pursuant to paragraph (3) of subsection (e) of Code Section 19-8-4, 19-8-5, or 19-8-7 shall conform substantially to the following form:
'PRE-BIRTH SURRENDER OF RIGHTS FINAL RELEASE FOR ADOPTION
NOTICE TO ALLEGED BIOLOGICAL FATHER: This is an important legal document and by signing it, you are surrendering any and all of your rights to the child identified in this document, so as to place the child for adoption. You have the right to wait to execute a SURRENDER OF RIGHTS/FINAL RELEASE FOR ADOPTION after the child is born, but by signing this document, you are electing to surrender your rights prior to the birth of this child. Understand that you are signing this document under oath and that if you knowingly and willfully make a false statement in this document you will be guilty of the crime of false swearing. As explained below in paragraph 6, you have the right to revoke this pre-birth surrender within four days from the date you sign it.
_______________
STATE OF GEORGIA COUNTY OF ____________________

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

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

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

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

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

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

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6. I understand that under Georgia law I have the unconditional right to a four-day revocation period. I understand that I may only revoke this pre-birth surrender by giving written notice, delivered in person or mailed by registered mail or statutory overnight delivery, to _____________________________________________ (name and address of child-placing agency representative, out-of-state licensed agency representative, Department of Human Services representative, individual to whom surrender is made or his or her agent, or petitioner's representative, as applicable) within four days from the date of signing this document. I understand that certified mail cannot be used for mail delivery of the notice to revoke this pre-birth surrender. I understand that the four days will be counted consecutively beginning with the day immediately following the date I sign this document; provided, however, that, if the fourth day falls on a Saturday, Sunday, or legal holiday, then the last day on which this surrender may be revoked will be the next day that is not a Saturday, Sunday, or legal holiday. I understand that, if I deliver the notice to revoke this surrender in person, it must be delivered to ________________________________________ (name and address) not later than 5:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the fourth day; provided, however, that if I mail the notice by registered mail or have it delivered by statutory overnight delivery, I must address it to the address shown in the surrender document and submit it to the United States Postal Service or to the statutory overnight delivery carrier not later than 12:00 Midnight eastern standard time or eastern daylight time, whichever is applicable, on the fourth day. I understand that I CANNOT revoke this surrender after that time.

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

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

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

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This ______day of ________, ______.

______________________________ (Alleged biological father)

_________________ Adult witness

Sworn to and subscribed before me this _____ day of __________, ____. ___________________________ Notary public (SEAL) My commission expires: ___________.' (g) The acknowledgment of surrender of rights pursuant to subsection (f) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 shall conform substantially to the following form:

'ACKNOWLEDGMENT OF SURRENDER OF RIGHTS

STATE OF GEORGIA COUNTY OF ____________________

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

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used for mail delivery of the notice to revoke the surrender of my rights. I understand that, if I deliver the notice to revoke my surrender in person, it must be delivered to ________________________________________ (name and address) not later than 5:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, on the fourth day; provided, however, that if I mail the notice by registered mail or have it delivered by statutory overnight delivery, I must address it to the address shown in the surrender document and submit it to the United States Postal Service or to the statutory overnight delivery carrier not later than 12:00 Midnight eastern standard time or eastern daylight time, whichever is applicable, on the fourth day. I understand that the four days will be counted consecutively beginning with the day immediately following the date I signed the surrender; provided, however, that, if the fourth day falls on a Saturday, Sunday, or legal holiday, then the last day on which the surrender may be revoked will be the next day that is not a Saturday, Sunday, or legal holiday; (D) That I have read the accompanying surrender of rights and received a copy thereof; (E) That any and all questions regarding the effect of such surrender and its provisions have been satisfactorily explained to me; (F) That I have been given an opportunity to consult with an attorney of my choice before signing the surrender of my rights; and (G) That the surrender of my rights has been knowingly, intentionally, freely, and voluntarily made by me.

This ______ day of ______________, ____.

____________________________________ (Parent, guardian, or alleged biological father)

_______________________ Adult witness

Sworn to and subscribed before me this ________ day of __________, ____. __________________ Notary public (SEAL) My commission expires: ___________.'"
SECTION 14. Code Section 29-4-10 of the Official Code of Georgia Annotated, relating to petition for appointment of guardian and requirements for petition, is amended by adding a new subsection to read as follows:

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"(d) Within six months prior to the date a minor in the custody of the Division of Family and Children Services of the Department of Human Services reaches 18 years of age, the Division of Family and Children Services may file a petition for the appointment of a guardian for the minor when that minor becomes an adult, in accordance with the provisions of this article, to take effect on or after the date the minor reaches 18 years of age."

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

Approved May 3, 2021.

__________

CRIMES AND OFFENSES LOW THC OIL, MARIJUANA, AND TETRAHYDROCANNABINOLS; REVISE AND UPDATE PROVISIONS REGARDING; REMOVE EPIDIOLEX AS CONTROLLED SUBSTANCE.

No. 141 (Senate Bill No. 195).

AN ACT

To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide that low THC oil, marijuana, and tetrahydrocannabinols do not include certain federally approved products; to update and revise provisions; to revise definitions; to provide for review of new treatment and delivery methods; to repeal a provision relating to the role of Georgia universities and testing of specifications; to provide for additional powers of the Georgia Access to Medical Cannabis Commission; to revise provisions relating to dispensing; to provide for the issuance of dispensing licenses to production licensees; to provide for recommendations and input from the oversight committee; to provide for fees for dispensing licenses; to authorize the commission to require a comparable surety in lieu of a bond; to provide for coordination with the Georgia Composite Medical Board; to provide a method for the issuance of subsequent production licenses; to provide for permits to colleges and universities within this state to conduct medical research via a bona fide partnership with a Class 1 or Class 2 production licensee; to remove epidiolex as a Schedule V controlled substance; to provide for related matters; to provide for legislative findings; to provide for application; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising Code Section 16-12-190, relating to the definition of low THC oil, as follows:
"16-12-190. As used in this article, the term 'low THC oil' means an oil that contains an amount of cannabidiol and not more than 5 percent by weight of tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant material exhibiting the external morphological features of the plant of the genus Cannabis. Such term shall not mean products approved by the federal Food and Drug Administration under Section 505 of the federal Food, Drug, and Cosmetic Act."

SECTION 2. Said title is further amended by revising Code Section 16-12-200, relating to definitions, as follows:
"16-12-200. As used in this article, the term:
(1) 'Applicant' means a corporate entity applying for a license pursuant to this article. (2) 'Available capital' means corporate assets that are available to fund business operations in the event a license is awarded pursuant to Part 2 of this article. (3) 'Class 1 production license' means a license to produce and manufacture low THC oil and products issued pursuant to Code Section 16-12-211. (4) 'Class 2 production license' means a license to produce and manufacture low THC oil and products issued pursuant to Code Section 16-12-212. (5) 'Commission' means the Georgia Access to Medical Cannabis Commission created pursuant to Code Section 16-12-202. (6) 'Designated universities' means the University of Georgia and Fort Valley State University. (7) 'Designated university license' means a license issued by the commission pursuant to this article to a designated university to, separately or jointly, produce, manufacture, and purchase low THC oil and products in accordance with this article. (8) 'Dispense' means the sale or provision of low THC oil and products to registered patients by a dispensing licensee. (9) 'Dispensing license' means a specialty license issued by the State Board of Pharmacy or the commission pursuant to Code Section 16-12-206 to dispense low THC oil and products to registered patients. (10) 'Grow' means cultivating and harvesting cannabis for use in producing low THC oil and products.

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(11) 'Licensee' means any business, or owner of such business, with a valid license issued pursuant to this article. (12) 'Low THC oil' shall have the same meaning as set forth in Code Section 16-12-190. (13) 'Manufacture' means to process cannabis to produce low THC oil and products. (14) 'Owner' means any person who directly or indirectly owns, actually or beneficially, or controls 5 percent or greater of interests of the applicant or any licensee. In the event that one person owns a beneficial right to interests and another person holds the voting rights with respect to such interests, then both shall be considered an owner of such interests. (15) 'Product' means low THC oil delivered through an oil, tincture, transdermal patch, lotion, or capsule, except as prohibited by Code Section 16-12-234, but not including any food products infused with low THC oil, including, but not limited to, cookies, candies, or edibles. (16) 'Registered patient' means an individual who is legally authorized to possess and use low THC oil and products pursuant to Code Section 31-2A-18. (17) 'Tracking system' means a seed-to-sale tracking system to track marijuana that is grown, processed, manufactured, transferred, stored, or disposed of and low THC oil and products that are transferred, stored, sold, dispensed, or disposed of pursuant to this article."

SECTION 3. Said title is further amended by revising Code Section 16-12-203, relating to powers, duties, and responsibilities of the Georgia Access to Medical Cannabis Commission, as follows:
"16-12-203. The commission shall have the following powers, duties, and responsibilities:
(1) To apply for, receive, and administer state funds appropriated to the commission, private grants and donations, and other funds and donations. The commission's annual distributions shall be capped and limited to funds received from the sources specified in this paragraph. The commission shall ensure that its funds are not used as a supplement or secondary payor to any other third-party payor; (2) To execute a contract or contracts to purchase or obtain low THC oil, cannabis, cannabinoids, or any other derivative, compound, or substantially similar products from any available legal source and to provide logistics related thereto in accordance with this article. Such contract or contracts may be executed with one or more qualified corporations or with one or more governmental entities. Purchases made pursuant to this paragraph shall not be subject to state purchasing laws contained in Article 3 of Chapter 5 of Title 50 or in other provisions of the Official Code of Georgia Annotated; (3) To utilize funds appropriated to the commission as may be necessary to purchase and transport low THC oil and products to the State of Georgia for use by registered patients; (4) To develop, establish, maintain, and administer a low THC oil and products distribution network to obtain and distribute low THC oil and products to registered

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patients in this state and to coordinate the best use of facilities and resources to operate such distribution network; (5) To establish procedures for inspecting production facilities operated by designated universities; (6) To establish requirements and procedures to ensure quality control, security, and oversight of low THC oil and products production in this state, including, but not limited to, testing for purity and dosage levels and verification that product labels accurately reflect product content; (7) To provide for oversight of tracking systems; (8) To coordinate and assist in the collection of data to evaluate the provision of low THC oil and products in this state; (9) To study the provision of low THC oil and products in this state to determine the best practices and methods of providing such services, to determine what changes are needed to improve the provision of low THC oil and products, and to report any proposed legislative changes to the General Assembly each year; (10) To coordinate its activities with the Department of Public Health; (11) To employ an executive director and other staff and to establish duties and responsibilities of such persons; (12) To employ and manage consultants, as deemed necessary, in order to fulfill its duties and responsibilities under this article; (13) To review new treatment and delivery methods for low THC oil and products that may result from medical research and are not otherwise inconsistent with this article, and recommend statutory changes to the General Assembly to authorize such treatment and delivery methods and products; (14) To be responsible for the noncriminal enforcement of the provisions of this article and to have all of the necessary duties, power, and authority to carry out such responsibility; (15) To be authorized to draft, adopt, amend, repeal, and enforce such rules and regulations as it deems necessary for the administration and enforcement of this article in the protection of public health, safety, and welfare; (16) To enforce qualifications for licensure; and (17) To levy fines for failure by a Class 1 production licensee, Class 2 production licensee, or dispensing licensee to operate in accordance with rules and regulations established by the commission within 14 days of written notice by the commission of specific violations. Such fines shall not exceed $25,000.00 for a first offense, $50,000.00 for a failure to remedy the offense within 60 days after written notice of a first offense, and $75,000.00 for subsequent failures to remedy noncompliance within 90 days after written notice of a first offense. Following a third written notice of a recurring violation, the commission may also order a licensee to cease operations for a period of up to 30 days to correct the violation. Any such fines or orders to cease operations shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"

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SECTION 4. Said title is further amended by revising Code Section 16-12-204, relating to the issuance of nontransferable designated university licenses for production of low THC oil, research on therapeutic use, reporting, collected information, and license revocation, as follows:
"16-12-204. (a) Upon request by a designated university, the commission shall issue nontransferable designated university licenses for the production of low THC oil and products. The licenses granted to designated universities pursuant to this Code section shall be in addition to any licenses issued pursuant to Part 2 of this article. The designated universities shall have the option to be licensed as a production facility, either separately or jointly. The designated universities shall be authorized to contract with private entities to fulfill the terms of the license, including contracting for the production of low THC oil and products. All contracts shall be approved by the commission. (b) Each designated university may conduct research on marijuana for therapeutic use if such university is licensed as a production facility pursuant to this Code section. Effective January 1, 2020, and annually thereafter, the designated universities shall submit a report to the Senate Health and Human Services Committee and the House Committee on Health and Human Services, to include data and outcomes of the research conducted pursuant to this paragraph.
(c)(1) The commission shall collect the following information from each licensee: (A) The amount of low THC oil and products produced by the licensee during each calendar year; (B) The details of all production costs, including but not limited to seed, fertilizer, labor, advisory services, construction, and irrigation; (C) The details of any items or services for which the licensee subcontracted and the costs of each subcontractor directly or indirectly working for the licensee; (D) The amount of therapeutic chemicals produced resulting from the low THC oil and products manufactured pursuant to this article; (E) The amounts paid each year to the licensee related to the licensee's production of low THC oil and products manufactured pursuant to this article; and (F) The amount of low THC oil and products distributed to each dispensing licensee to dispense low THC oil and products in this state during each calendar year.
(2) The commission shall provide the information collected pursuant to this subsection for the previous calendar year in the form of a written report to the Senate Health and Human Services Committee and the House Committee on Health and Human Services no later than February 1 of each year. The commission shall also make a copy of such report available to the public by posting such report on the commission's website. (d) The commission may revoke the license of a designated university if it is found by the commission to have violated any of the requirements established pursuant to this article."

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SECTION 5. Said title is further amended by repealing and reserving Code Section 16-12-205, relating to the role of Georgia universities and testing of specifications.

SECTION 6. Said title is further amended by revising Code Section 16-12-206, relating to annual, nontransferable dispensing licenses and adoption of rules, as follows:
"16-12-206. (a)(1) Upon request by a licensed pharmacy in this state, the State Board of Pharmacy shall be authorized to develop an annual, nontransferable specialty dispensing license for an independent pharmacy with a registered office located within this state to dispense low THC oil and products to registered patients. The State Board of Pharmacy shall develop rules and regulations regarding dispensing pharmacies in this state in accordance with the requirements contained in subsection (b) of this Code section. (2) The commission shall be authorized to issue five dispensing licenses to each Class 1 production licensee and each Class 2 production licensee for retail outlets to dispense low THC oil and products to registered patients. The commission shall ensure that dispensing licenses shall be issued so that retail outlets are dispersed throughout the state. The commission shall develop rules and regulations regarding retail dispensing licensees in this state in accordance with the requirements contained in subsection (b) of this Code section. The commission shall be authorized to issue one additional dispensing license to each Class 1 and Class 2 production licensee when the Low THC Oil Patient Registry established and maintained pursuant to Code Section 31-2A-18 reaches 25,000 patients and for every increase of 10,000 patients thereafter.
(b) The State Board of Pharmacy and the commission shall separately adopt rules relating to the dispensing of low THC oil and products, with the State Board of Pharmacy promulgating rules and regulations for pharmacies that dispense low THC oil and products and the commission promulgating rules and regulations for other retail outlets that dispense low THC oil and products. Such rules shall include but not be limited to:
(1) Standards, procedures, and protocols for the effective use of low THC oil and products as authorized by state law and related rules and regulations; (2) Standards, procedures, and protocols for the dispensing of low THC oil and products by a pharmacy with a dispensing license and by retail dispensing licensees and for the utilization of a tracking system; (3) Procedures and protocols to provide that no low THC oil or products may be sold to or transferred to a location outside of this state; (4) The establishment of standards, procedures, and protocols for determining the amount of usable low THC oil and products that is necessary to constitute an adequate supply for registered patients in this state to ensure uninterrupted availability for a period of one month, including amounts for topical treatments;

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(5) The establishment of standards, procedures, and protocols to ensure that all low THC oil and products dispensed are consistently pharmaceutical grade; (6) The establishment of standards and procedures for the revocation, suspension, and nonrenewal of dispensing licenses; (7) The establishment of other licensing, renewal, and operational standards which are deemed necessary by the State Board of Pharmacy and the commission; (8) The establishment of standards and procedures for testing low THC oil and products for levels of tetrahydrocannabinol or other testing parameters deemed appropriate by the State Board of Pharmacy and the commission; (9) The establishment of health, safety, and security requirements for pharmacies and retail dispensing licensees dispensing low THC oil and products; and (10) Requirements for the issuance of dispensing licenses to pharmacies and Class 1 and Class 2 production licensees. (c) The commission shall each be authorized, by rules and regulations, to establish fees for dispensing licenses to Class 1 and Class 2 production licensees commensurate with the location of the retail outlet and demand for low THC oil and products at such location."

SECTION 7. Said title is further amended by revising Code Section 16-12-207, relating to establishment of Medical Cannabis Commission Oversight Committee, membership, and inspections, as follows:
"16-12-207. (a) The General Assembly shall establish a Medical Cannabis Commission Oversight Committee with two members appointed by the Lieutenant Governor and two members appointed by the Speaker of the House of Representatives. Any member of the Medical Cannabis Commission Oversight Committee shall be permitted to inspect any production facility upon request and after reasonable notice is provided to the production facility. (b) The commission shall promptly provide any document or information requested by the oversight committee that is in its possession, provided that the commission shall not share documents containing data identifying individual patients or physicians, information marked as trade secrets by applicants or licensees, information that in the view of the commission would interfere with an ongoing licensing applicant selection process, or information that in the judgment of the commission would create law enforcement or security risks to the citizens of Georgia. (c) No later than August 1, 2021, the oversight committee shall recommend to the commission a process and plan for providing accredited lab testing of products produced by licensees and for labeling such products. The commission shall consider the recommendations of the oversight committee in adopting policies, procedures, and regulations regarding such testing and labeling. (d) The oversight committee may regularly seek input from patients and physicians as to the availability and quality of products produced pursuant to this chapter, and recommend

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to the commission changes to policies, procedures, and regulations to improve availability and quality. The commission shall consider such recommendations in adopting policies, procedures, and regulations."

SECTION 8. Said title is further amended by revising Code Section 16-12-210, relating to powers, duties, and responsibilities of commission, no undue burden on patients, and remission of fees, as follows:
"16-12-210. (a) The commission shall have the following powers, duties, and responsibilities to implement the provisions of this part:
(1) Issue licenses related to the production, growing, and manufacturing of low THC oil and products in accordance with the provisions of this part; (2) Coordinate with the Georgia Bureau of Investigation to implement security plans and enforce the provisions of this part; (3) Establish procedures for granting licenses, testing products, and inspecting facilities; (4) Establish requirements and procedures to ensure quality control, security, and oversight of all low THC oil and product production in this state, including, but not limited to, conducting testing for purity and dosage levels and verifying that product labels accurately reflect product content. The commission is authorized to contract with private laboratories to perform the functions described in this paragraph; (5) Establish procedures and ensure sufficient resources are available to receive and resolve complaints from registered patients; (6) Establish applications and forms necessary to carry out the provisions of this part; (7) Establish criteria for applicants and licensees as necessary to ensure market stability and adequate supply; (8) Provide for the selection, implementation, and oversight of tracking systems; (9) Provide oversight of licensee reporting, data collection, and analysis; (10) Establish requirements and procedures for marketing and signage; and (11) Promulgate rules and regulations and adopt policies and procedures necessary to carry out the provisions of this part. (b) The commission shall not promulgate any rules or regulations that would unduly burden access to low THC oil or products by registered patients. (c) All fees collected by the commission shall be remitted to the general fund of the state treasury."

SECTION 9. Said title is further amended by revising subsections (a), (b), and (g) of Code Section 16-12-211, relating to Class 1 production licenses, application fee, revocation, limitation on ownership, and replacement licenses, as follows:

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"(a) The commission may issue up to two Class 1 production licenses. A Class 1 production licensee shall be authorized to:
(1) Grow cannabis only in indoor facilities for use in producing low THC oil, limited to 100,000 square feet of cultivation space; and (2) Manufacture low THC oil and products. (b) Class 1 production licenses shall be issued to applicants selected by the commission following a competitive application and review process in accordance with the requirements set forth in this part. An applicant must be a Georgia corporation or entity and shall maintain a bank account with a bank or credit union located in this state. An applicant for a Class 1 production license shall submit an application on a form established by the commission, together with the following information: (1) Proof of available capital to make the investments needed to safely, securely, and promptly perform all required functions of a licensee. Prior to issuance of a Class 1 production license, the applicant shall provide written documentation showing that on the date of application and award such applicant holds at least $2 million in available cash reserves to invest in operations in this state; (2) A written production plan detailing the production processes that, at a minimum, includes details describing how the chain of custody will be maintained, documented, and made available for review by the commission or the Georgia Bureau of Investigation. Production processes shall include compliance with all production standards, laws, and regulations needed to protect public safety and ensure product purity; (3) A comprehensive security plan that ensures compliance with the applicable laws of this state. At a minimum, a security plan shall include a 24 hours per day, seven days per week interior and exterior video monitoring and intrusion detection monitoring system, recording and video storage capabilities for all facilities, and licensed security personnel. The entire premises of licensees shall be equipped with a centralized access control system capable of generating detailed reports of access logs for a minimum of one year. All videos, access logs, and any other monitoring data shall be available to the Georgia Bureau of Investigation upon request. The commission is authorized to set requirements for the minimum technology, resolution, and storage capacity of at least 45 days for the video recording capabilities of licensees; (4) A written plan detailing specific security measures to ensure secured transportation and tracking of delivered products for intrafacility transportation; (5) A detailed employment plan specifying the jobs and salaries of employees and demonstrating the expected economic impact of proposed activities in Georgia; (6) A written plan to ensure that no pesticides are used at any point in the production process other than those certified organic by the Organic Materials Review Institute or another similar standards organization; (7) Detailed designs of all production facilities; (8) Letters of support from one or more local governmental entities where the primary facilities will be located;

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(9) A demonstration of significant involvement in the business by one or more minority business enterprises as defined in Code Section 50-5-131, either as co-owners of the business or as significant suppliers of goods and services for the business. Such applicants shall be encouraged to form business relationships with Georgia agricultural businesses and military veterans; (10) Documentation of the applicant's industry capabilities and management experience. The commission shall consider the relevant industry experience and strength of the applicant's management team and board of directors when considering its merits; (11) Sufficient documentation to prove that a $1.5 million cash bond or for any licenses that are applied for on or after July 1, 2021, other comparable surety as determined by the commission, payable to the State of Georgia or an irrevocable letter of credit can be obtained within 30 days of license award. Failure to provide the requisite bond or letter of credit within 30 days of the license award date shall be cause for revocation of the license; (12) At least one set of classifiable electronically recorded fingerprints submitted to the commission in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The commission 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 commission shall review the record for all owners, officers, and employees of the applicant demonstrating a lack of convictions, except for felony convictions that are greater than ten years old, are not drug related, or have been expunged or pardoned; and (13) A description of any efforts made by the applicant to create jobs or locate facilities in tier one or tier two counties as defined in Code Section 48-7-40."

SECTION 10. Said title is further amended by revising subsections (a), (b), and (g) of Code Section 16-12-212, relating to Class 2 production licenses, application fee, revocation, limitation on ownership, and replacement licenses, as follows:
"(a) The commission may issue up to four Class 2 production licenses. A Class 2 production licensee shall be authorized to:
(1) Grow cannabis only in indoor facilities for use in producing low THC oil, limited to 50,000 square feet of cultivation space; and (2) Manufacture low THC oil and products. (b) Class 2 production licenses shall be issued to applicants selected by the commission following a competitive application and review process in accordance with the requirements set forth in this part. An applicant must be a Georgia corporation or entity and shall maintain a bank account with a bank or credit union located in this state. An

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applicant for a Class 2 production license shall submit an application on a form established by the commission, together with the following information:
(1) Proof of available capital to make the investments needed to safely, securely, and promptly perform all required functions of a licensee. Prior to issuance of a Class 2 production license, the applicant shall provide written documentation showing that on the date of application and award such applicant holds at least $1.25 million in available cash reserves to invest in operations in this state; (2) A written production plan detailing the production processes that, at a minimum, includes details describing how the chain of custody will be maintained, documented, and made available for review by the commission or the Georgia Bureau of Investigation. Production processes shall include compliance with all production standards, laws, and regulations needed to protect public safety and ensure product purity; (3) A comprehensive security plan that ensures compliance with the applicable laws of this state. At a minimum, a security plan shall include a 24 hours per day, seven days per week interior and exterior video monitoring and intrusion detection monitoring system, recording and video storage capabilities for all facilities, and licensed security personnel. The entire premises of licensees shall be equipped with a centralized access control system capable of generating detailed reports of access logs for a minimum of one year. All videos, access logs, and any other monitoring data shall be available to the Georgia Bureau of Investigation upon request. The commission is authorized to set requirements for the minimum technology, resolution, and storage capacity of at least 45 days for the video recording capabilities of licensees; (4) A written plan detailing specific security measures to ensure secured transportation and tracking of delivered products for intrafacility transportation; (5) A detailed employment plan specifying the jobs and salaries of employees and demonstrating the expected economic impact of proposed activities in Georgia; (6) A written plan to ensure that no pesticides are used at any point in the production process other than those certified organic by the Organic Materials Review Institute or another similar standards organization; (7) Detailed designs of all production facilities; (8) Letters of support from one or more local governmental entities where the primary facilities will be located; (9) A demonstration of significant involvement in the business by one or more minority business enterprises as defined in Code Section 50-5-131, either as co-owners of the business or as significant suppliers of goods and services for the business. Such applicants shall be encouraged to form business relationships with Georgia agricultural businesses and military veterans; (10) Documentation of the applicant's industry capabilities and management experience. The commission shall consider the relevant industry experience and strength of the applicant's management team and board of directors when considering its merits;

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(11) Sufficient documentation to prove that a $625,000.00 cash bond or for any licenses that are applied for on or after July 1, 2021, other comparable surety as determined by the commission, payable to the State of Georgia or an irrevocable letter of credit can be obtained within 30 days of license award. Failure to provide the requisite bond or letter of credit within 30 days of the license award date shall be cause for revocation of the license; (12) At least one set of classifiable electronically recorded fingerprints submitted to the commission in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The commission 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 commission shall review the record for all owners, officers, and employees of the applicant demonstrating a lack of convictions, except for felony convictions that are greater than ten years old, are not drug related, or have been expunged or pardoned; and (13) A description of any efforts made by the applicant to create jobs or locate facilities in tier one or tier two counties as defined in Code Section 48-7-40."

SECTION 11. Said title is further amended by revising Code Section 16-12-213, relating to tracking systems required, as follows:
"16-12-213. (a) The commission shall require that each Class 1 production licensee and Class 2 production licensee establish, maintain, and utilize, directly or by contract, a tracking system. The commission shall approve one or more vendors to provide or operate tracking systems. (b) A tracking system shall have the functions and capabilities described in subsections (c) and (d) of this Code section and shall be operated in compliance with the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191. (c) The tracking system shall be hosted on a platform that allows for:
(1) Dynamic allocation of resources; (2) Data redundancy; and (3) Recovery from natural disaster within 12 hours. (d) The tracking system shall be capable of: (1) Tracking all plants, products, packages, and registered patients' purchase totals, waste, transfers, conversions, sales, and returns that, if practicable, are linked to unique identification numbers; (2) Tracking lot and batch information throughout the entire chain of custody;

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(3) Tracking all marijuana, low THC oil, and products throughout the entire chain of custody; (4) Tracking plant, batch, and marijuana, low THC oil, and product destruction; (5) Tracking transportation of marijuana, low THC oil, and products; (6) Performing complete batch recall tracking that clearly identifies all of the following details relating to the specific batch subject to the recall:
(A) Amount of low THC oil and products sold; (B) Amount of low THC oil and products inventory that is finished and available for sale; (C) Amount of low THC oil and products that is in the process of transfer; (D) Amount of low THC oil and products being processed into another form; and (E) Amount of postharvest raw marijuana, such as marijuana that is in the drying, trimming, or curing process; (7) Reporting and tracking loss, theft, or diversion of marijuana, low THC oil, or products; (8) Reporting and tracking all inventory discrepancies; (9) Reporting and tracking adverse patient responses or dose related efficacy issues; (10) Reporting and tracking all sales and refunds; (11) Tracking purchase limits and flagging purchases in excess of authorized limits; (12) Receiving electronically submitted information required to be reported under this Code section; (13) Receiving testing results electronically from a laboratory via a secured application program interface into the tracking system and directly linking the testing results to each applicable source batch and sample; (14) Flagging test results that have characteristics indicating that they may have been altered; (15) Providing information to cross-check that low THC oil and product sales are made to a registered patient, caregiver, or designated caregiver and that the low THC oil and products received the required testing; (16) Providing the commission with real-time access to information in the tracking system; and (17) Providing real-time information to the commission regarding key performance indicators, including: (A) Total low THC oil and products daily sales; (B) Total marijuana plants in production; (C) Total marijuana plants destroyed; and (D) Total inventory adjustments. (e) A Class 1 production licensee or Class 2 production licensee shall supply the relevant tracking or testing information regarding each plant, product, package, batch, test, transfer, conversion, sale, recall, or disposition of marijuana, low THC oil, or products in or from such licensee's possession or control on forms created by the commission."

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SECTION 12. Said title is further amended by revising Code Section 16-12-215, relating to limitation on locations, advertising or marketing prohibited, and information available to physicians, as follows:
"16-12-215. (a) No licensee shall operate in any location, whether for cultivation, harvesting, and processing of marijuana or for processing, manufacturing, packaging, or distributing low THC oil or products, within a 3,000 foot radius of a covered entity, measured from property boundary to property boundary. No dispensing licensee may operate in any location within a 1,000 foot radius of a covered entity, measured from property boundary to property boundary. Notwithstanding the provisions of this subsection, local governments may, via use of existing zoning powers otherwise provided by law, allow dispensing licensees only to locate in places other than those provided in this subsection so long as such modification is needed to allow retail outlets to be established to service registered patients residing within such local jurisdiction. As used in this subsection, the term 'covered entity' means a public or private school; an early care and education program as defined in Code Section 20-1A-2; or a church, synagogue, or other place of public religious worship, in existence prior to the date of licensure of such licensee by the commission or State Board of Pharmacy. (b) No licensee shall advertise or market low THC oil or products to registered patients or the public; provided, however, that a licensee shall be authorized to provide information regarding its low THC oil and products directly to physicians."

SECTION 13. Said title is further amended by revising Code Section 16-12-216, relating to Georgia Bureau of Investigation ensuring compliance, as follows:
"16-12-216. The Georgia Bureau of Investigation shall be responsible for investigating any alleged criminal activities related to the activities of the licensees, and shall work with the commission and the Georgia Composite Medical Board to develop procedures to ensure that all activities of licensees are conducted in accordance with this part and the laws of this state. In addition to other powers and duties, the Georgia Bureau of Investigation, the commission, and the Georgia Composite Medical Board shall jointly establish procedures to ensure that no activities conducted under this part result in the illegal or recreational use of low THC oil, products, or manufacturing by-products and jointly establish any other procedures necessary to carry out its duties and responsibilities pursuant to this part."

SECTION 14. Said title is further amended by revising Code Section 16-12-217, relating to on-demand access to facilities, provision of samples, testing, and secured transportation, as follows:

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"16-12-217. (a) All licensees shall provide on-demand access to facilities for inspection when requested by the Georgia Bureau of Investigation, the commission, or the local law enforcement agency for the jurisdiction in which the facility is located. The commission and the Georgia Drugs and Narcotics Agency may each conduct one annual inspection. Upon request by the Georgia Bureau of Investigation, the commission, the Georgia Drugs and Narcotics Agency, or the local law enforcement agency for the jurisdiction in which the facility is located, a licensee shall immediately provide product samples for the purposes of laboratory testing. (b) Each Class 1 production licensee and Class 2 production licensee shall contract with a laboratory on the commission's approved list of independent laboratories, subject to any requirements set by the commission, for purposes of testing low THC oil and products manufactured by such licensees. Low THC oil and products shall be analyzed for potency, foreign matter, microbial presence, pesticides, heavy metals, and residual solvents. The commission shall establish limits for each item tested to verify that such low THC oil and products meet the requirements of this part. The commission shall promulgate rules and regulations governing the operations of laboratories for the testing of low THC oil and products. The costs of laboratory testing shall be paid by the licensees. Each low THC oil product shall be required to pass all requirements established by the commission before being distributed. Products that do not pass the commission's requirements shall be destroyed by the licensee and proof of such destruction shall be sent to the commission upon request. (c) This Code section shall not apply to intrafacility transportation of low THC oil or products; provided, however, that licensees engaging in such transportation shall maintain secured transportation and tracking of product delivery."

SECTION 15. Said title is further amended by revising Code Section 16-12-221, relating to contracts awarded through bids or proposals, minimum contract terms and renewals, subcontracting, and giving or receiving things of value limited, as follows:
"16-12-221. (a) The commission shall grant initial licenses under this part pursuant to contracts awarded through competitive sealed bids or competitive sealed proposals as provided for in Article 3 of Chapter 5 of Title 50. After issuance of two initial Class 1 production licenses pursuant to Code Section 16-12-211 and four initial Class 2 production licenses pursuant to Code Section 16-12-212, and in the event that the commission revokes a Class 1 or Class 2 production license, a Class 1 or 2 production license is surrendered for any reason, or the commission issues an additional Class 1 production license pursuant to Code Section 16-12-214, the commission shall be authorized to issue any replacement Class 1 or Class 2 production licenses in accordance with rules and regulations established by the commission for such purpose. Such rules and regulations shall not otherwise

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conflict with this article, and to the extent practicable, such rules and regulations shall incorporate provisions and processes similar to Article 3 of Chapter 5 of Title 50. (b) Any contract for a license awarded pursuant to this subsection shall not be for less than five years and may contain provisions for automatic renewal. (c) No licensee shall subcontract for services for the cultivation or processing in any way of marijuana if the subcontractor, or any of the service providers in the chain of subcontractors, is owned wholly or in excess of 5 percent by any state employee or member of a state employee's immediate family, including but not limited to any legislator, state-wide public official, or employee of a designated university. For purposes of this subsection, the term 'immediate family member' means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent. (d) No licensee shall give or receive anything of value in connection with any contract, memorandum of understanding, or cooperative endeavor agreement executed pursuant to this part except the value that is expressed in the contract, memorandum of understanding, or cooperative endeavor agreement."

SECTION 16. Said title is further amended by revising Code Section 16-12-224, relating to limitation on ownership by member or former member of commission, limitation on physician's involvement, and identification when contributing to political campaigns, as follows:
"16-12-224. (a) No current member of the commission, or former member of the commission for a period of five years from the date such individual ceased to be a member, shall own, operate, have a financial interest in, or be employed by a low THC oil or product manufacturer or distributor, including any licensee under this part. (b) No physician who, presently or during the period of such business relationship, certifies individuals to the commission pursuant to Code Section 31-2A-18 for the use of low THC oil and products to treat certain conditions shall own, operate, have a financial interest in, or be employed by a low THC oil or product manufacturer or distributor, including any licensee under this part. This subsection shall not prohibit a physician from furnishing a registered patient or his or her caregiver, upon request, with the names of low THC oil and product manufacturers or distributors. Any physician violating this Code section shall be guilty of a misdemeanor. (c) A licensee that makes a campaign contribution pursuant to Article 2 of Chapter 5 of Title 21 shall identify itself as a licensee under this part to the recipient of such campaign contribution."

SECTION 17. Said title is further amended by revising Code Section 16-12-225, relating to criminal offenses and penalty, as follows:

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"16-12-225. (a) A licensee or licensee's employee who knowingly or willfully encourages, causes, abets, connives, conspires, or aids in the endangerment of patients, trafficking of low THC oil, products, or its manufacturing by-products, or criminal distribution of raw materials and agricultural inputs, including but not limited to seeds, under this part shall be guilty of a felony and, upon conviction thereof, be punished by a fine not to exceed $100,000.00, imprisonment for not less than five nor more than ten years, or both. (b) Any person whose acts or omissions of gross, willful, or wanton negligence contribute to or cause the endangerment of patients, trafficking of low THC oil, products, or its manufacturing by-products, or criminal distribution of raw materials and agricultural inputs, including but not limited to seeds, under this part shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, be punished by a fine of up to $5,000.00, imprisonment for up to 12 months, or both. (c) Failure to comply with all other provisions of this part shall be punishable by a fine of up to $500.00 for the first offense. All persons convicted of a second or subsequent offense shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of up to $1,000.00, imprisonment for up to six months, or both, for each violation. (d) The provisions of this Code section shall not preclude prosecution and punishment for the commission of any offense otherwise provided by law."

SECTION 18. Said title is further amended by revising Code Section 16-12-226, relating to applicable sales and use tax, as follows:
"16-12-226. The sale of low THC oil and products authorized by this article shall be subject to all applicable sales and use taxes."

SECTION 19. Said title is further amended by revising Code Section 16-12-230, relating to requirements for dispensing low THC oil, as follows:
"16-12-230. (a) Low THC oil and products shall only be dispensed to registered patients in this state by a dispensing licensee or directly from the commission pursuant to this article. (b) A pharmacist who dispenses low THC oil or products shall seek and review information on a registered patient from the prescription drug monitoring program data base established pursuant to Code Section 16-13-57 prior to dispensing low THC oil or products to the registered patient."

SECTION 20. Said title is further amended by revising Code Section 16-12-231, relating to exemptions from arrest, prosecutions, or penalty, as follows:

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"16-12-231. The following persons and entities, when acting in accordance with the provisions of this article, shall not be subject to arrest, prosecution, or any civil or administrative penalty, including a civil penalty or disciplinary action by a professional licensing board, or be denied any right or privilege, for the medical use, prescription, administration, manufacture, distribution, or transport of low THC oil or products:
(1) A registered patient who is in possession of an amount of low THC oil or products authorized under Code Section 16-12-191 or such patient's caregiver, parent, or guardian; (2) A physician who certifies a patient to the Department of Public Health as being diagnosed with a condition or in a hospice program and authorized to use low THC oil or products for treatment pursuant to Code Section 31-2A-18; (3) A pharmacist or pharmacy that dispenses or provides low THC oil or products to a registered patient; (4) The commission or its employees or contractors associated with the production of low THC oil or products in accordance with this article; (5) A designated university, an employee of a designated university, or any other person associated with the production of low THC oil or products in accordance with this article; and (6) An employee, contractor, or agent of a licensee with proper identification associated with the production, manufacture, distribution, transport, or sale of low THC oil or products in accordance with this article."

SECTION 21. Said title is further amended by revising Code Section 16-12-233, relating to contracts not against public policy, as follows:
"16-12-233. It is the intent of the General Assembly that contracts related to the cultivation, harvesting, manufacturing, production, and distribution of cannabis solely for the manufacture of low THC oil or products pursuant to this article are not deemed contracts against public policy pursuant to Code Section 13-8-2 and shall be enforceable. No such contract shall be unenforceable on the basis that activities related to cannabis are prohibited by federal law."

SECTION 22. Said title is further amended by revising Code Section 16-12-234, relating to unlawful ways to ingest low THC oil, as follows:
"16-12-234. It shall be unlawful to ingest low THC oil or products in a manner 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 in a solution or other form, including but not limited to any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other

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container of low THC oil or product in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device."

SECTION 23. Said title is further amended by revising Code Section 16-12-235, relating to research in compliance with federal regulations and other research permitted, as follows:
"16-12-235. (a) Notwithstanding anything to the contrary within this article, nothing herein shall be construed to prohibit the conduct of research involving low THC oil, cannabis, or products that is conducted in full accordance with federal regulations, including the regulations of the United States Food and Drug Administration and United States Drug Enforcement Administration by any university or nonprofit institution of higher education within the State of Georgia, provided that:
(1) The university researchers conducting the research have the appropriate federal and state permits to acquire and use low THC oil, cannabis, or products in clinical or preclinical research; and (2) The substances used for such research are obtained from licensed pharmaceutical companies or through channels established by the United States government, such as the National Institute on Drug Abuse. (b) Nothing in this article shall be construed to prohibit research otherwise permitted by Chapter 51 of Title 31."

SECTION 24. Said title is further amended by adding a new Code section to read as follows:
"16-12-235.1. (a) The commission shall issue permits for colleges and universities located within the State of Georgia to possess limited quantities of low THC oil and products for purposes of conducting medical research via a bona fide partnership with a Class 1 or Class 2 licensee. Such permits shall be for a Georgia based college or university that:
(1) Is a member of the University System of Georgia, or an independent college or university accredited by a higher education accrediting body with comparable academic standards to those utilized by member institutions of the University System of Georgia; (2) Has a campus that has been located at a physical location within the state for at least 20 years, and a full-time enrollment of at least 200 Georgia students during the past year; (3) Is proposing a research partnership that is, in the sole judgment of the commission, fully compliant with the laws of this article; and (4) Is proposing a research partnership that has been approved by the primary institutional review board located at such institution. (b) Any such permit issued pursuant to this Code section shall specify:

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(1) The individuals at the institution authorized to work with low THC oil; (2) The primary objectives of the research study; (3) The physical location on campus where the low THC oil will be stored, and security measures in place to prevent unauthorized use of such low THC oil; (4) The method of transporting low THC oil from a licensed production facility to the campus; (5) The method of returning low THC oil to a licensed production facility at the conclusion of the study; and (6) The beginning and end date of the study. (c) Any institution which receives a permit pursuant to this Code section shall provide on-demand access to facilities for inspection when requested by the Georgia Bureau of Investigation, the commission, or the local law enforcement agency for the jurisdiction in which the facility is located."

SECTION 25. Said title is further amended in Code Section 16-13-21, relating to definitions relative to "Georgia Controlled Substances Act," by revising paragraph (16) as follows:
"(16) 'Marijuana' means all parts of the plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, but shall not include samples as described in subparagraph (P) of paragraph (3) of Code Section 16-13-25; shall not include the completely defoliated mature stalks of such plant, fiber produced from such stalks, oil, or cake, or the completely sterilized samples of seeds of the plant which are incapable of germination; and shall not include hemp or hemp products as such terms are defined in Code Section 2-23-3. Such term shall not include products approved by the federal Food and Drug Administration under Section 505 of the federal Food, Drug, and Cosmetic Act."

SECTION 26. Said title is further amended in Code Section 16-13-25, relating to Schedule I controlled substances, by revising subparagraph (3)(P) as follows:
"(P) Tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant material exhibiting the external morphological features of the plant of the genus Cannabis, but not including such substance when found in hemp or hemp products as such terms are defined in Code Section 2-23-3. Tetrahydrocannabinols do not include products approved by the federal Food and Drug Administration under Section 505 of the federal Food, Drug, and Cosmetic Act;"

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SECTION 27. Said title is further amended in Code Section 16-13-29, relating to Schedule V controlled substances, by repealing paragraph (1.5).

SECTION 28. Nothing in this Act shall be deemed to change, amend, or alter any criteria for applications for a Class 1 or Class 2 production license submitted to the Georgia Access to Medical Cannabis Commission on or prior to January 27, 2021.

SECTION 29. All laws and parts of laws in conflict with this Act are repealed.

Approved May 3, 2021.

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GENERAL PROVISIONS "NATIONAL SWEARING-IN COMMITMENT DAY" IN GEORGIA; DESIGNATE.

No. 142 (House Bill No. 208).

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 the second Wednesday of February of each year shall be designated as "National Swearing-in Commitment 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) Since 1916, the Junior Reserve Officers' Training Corps (JROTC) has allowed young men and women to experience a sample of military life. Members of JROTC are able to familiarize themselves with the traditions, activities, and morals of the military and seek out potential careers; (2) Most of the activities in JROTC are awarded, sometimes publicly, at various ceremonies, banquets, and other events. Rewarding success serves to motivate some and move them toward a career in the military;

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(3) Likewise, colleges and universities reward athletes at the high school level with scholarships. Moreover, many athletes are recognized on signing days. Some signing days are attended by a large number of students, faculty, staff, and the community. The hard work and education of the athletes does not go unrecognized. Those who intend to join and start a career defending the nation should be acknowledged and supported on local, state, and national levels; and (4) Putting such a day in place would build unity and support for all components (Army, Navy, Marines, Coast Guard, Air Force, Army National Guard, Air National Guard, and Merchant Marines) of our national defense.

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:
"1-4-24. The second Wednesday of February of each year is designated as 'National Swearing-in Commitment Day' in Georgia."

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

Approved May 3, 2021.

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MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS GEORGIA EMERGENCY COMMUNICATIONS AUTHORITY; VOLUNTARY COLLECTION AND DISSEMINATION OF INFORMATION REGARDING INDIVIDUAL'S ABILITY TO COMMUNICATE WITH LAW ENFORCEMENT OR EMERGENCY RESPONDERS.

No. 143 (House Bill No. 631).

AN ACT

To amend Code Section 38-3-182 of the Official Code of Georgia Annotated, relating to establishment of Georgia Emergency Communications Authority, purpose, duties and responsibilities, board of directors, perpetual existence, power and authority, operation, and regulation, so as to provide for the operation of a system to voluntarily collect and disseminate information relating to conditions that may impede an individual's ability to

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communicate with law enforcement or emergency responders; 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 38-3-182 of the Official Code of Georgia Annotated, relating to establishment of Georgia Emergency Communications Authority, purpose, duties and responsibilities, board of directors, perpetual existence, power and authority, operation, and regulation, is amended in subsection (c) by deleting "and" at the end of paragraph (7), by replacing the period with "; and" at the end of paragraph (8), and by adding a new paragraph to read as follows:
"(9) Upon request by a public safety answering point, provide assistance to such public safety answering point with its locally managed processes to be regarded as Logan's List: the collection, storage, retrieval, and dissemination of information voluntarily submitted to a public safety answering point which indicates an individual has a physical, mental, or neurological condition which impedes his or her ability to communicate with any law enforcement officer or emergency responder."

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

Approved May 3, 2021.

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CRIMES AND OFFENSES EDUCATION MAX GRUVER ACT; ENACTS; EXPANDS DEFINITION OF HAZING; MANDATES CERTAIN REPORTS OF HAZING RELATED VIOLATIONS AT SCHOOLS.

No. 144 (Senate Bill No. 85).

AN ACT

To amend Article 4 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to reckless conduct, so as to provide for an expanded definition of hazing; to provide for and revise definitions; to amend Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions regarding education, so as to provide for mandatory reports of hazing related violations at schools in the state; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Max Gruver Act."

SECTION 2. Article 4 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to reckless conduct, is amended by revising Code Section 16-5-61, relating to hazing, as follows:
"16-5-61. (a) As used in this Code section, the term:
(1) 'Haze' or 'hazing' means to subject a student to an activity which endangers or is likely to endanger the physical health of a student or coerces the student through the use of social or physical pressure to consume any food, liquid, alcohol, drug, or other substance which subjects the student to a likely risk of vomiting, intoxication, or unconsciousness regardless of a student's willingness to participate in such activity. (2) 'School' means any unit of the University System of Georgia, any unit of the Technical College System of Georgia, or any private postsecondary school, college, or university in this state. (3) 'School organization' means any association, corporation, order, club, society, fraternity, sorority, athletic team, or a group living together which has students or alumni as its principal members, including local affiliate organizations. (4) 'Student' means any person enrolled or prospectively enrolled in a school in this state. (b) It shall be unlawful for any person to haze any student in connection with or as a condition or precondition of gaining acceptance, membership, office, or other status in a school organization. (c) Any person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature."

SECTION 3. Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions regarding education, is amended by adding a new article to read as follows:

"ARTICLE 3

20-1-30. (a) As used in this Code section, the term:
(1) 'Hazing' shall have the same meaning as provided for under Code Section 16-5-61. (2) 'School' shall have the same meaning as provided for under Code Section 16-5-61. (3) 'School organization' shall have the same meaning as provided for under Code Section 16-5-61.

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(4) 'Student' shall have the same meaning as provided for under Code Section 16-5-61. (b) Not later than July 1, 2021, each school shall establish policies to facilitate the:
(1) Reporting, investigation, provision of due process, and administrative adjudication of alleged incidents of hazing as related to students and student organizations; and (2) Public disclosure of administrative adjudications of hazing or hazing related convictions within 15 calendar days of final adjudication or public notice of criminal conviction. (c) The public disclosure of each incident of hazing adjudicated pursuant to subsection (b) of this Code section, criminal convictions for hazing pursuant to Code Section 16-5-61, and other criminal convictions arising from any incident of hazing shall require the following minimum information be posted prominently on the school's website for a period of not less than five years after final adjudication or conviction: (1) The name of any school organization involved; (2) The date or dates on which the hazing occurred; and (3) A description of the specific hazing related findings, sanctions, adjudications, and convictions for any person or school organization. (d) Public disclosure provided pursuant to subsection (c) of this Code section shall not include the personal identifying information of any individual student and shall be subject to the requirements of the Family Education Rights and Privacy Act (FERPA), 20 USC 1232g."

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

Approved May 3, 2021.

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MOTOR VEHICLES AND TRAFFIC SPECIALTY VETERAN'S LICENSE PLATE; ALLOW FOR INDIVIDUALS WHO SERVED IN ARMED FORCES FOR AN ALLY OF THE UNITED STATES DURING ACTIVE MILITARY COMBAT.

No. 145 (Senate Bill No. 225).

AN ACT

To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a veteran's license plate to individuals who served in the armed forces for an ally

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

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(B) An individual who served in the armed forces of an ally of the United States during active military combat in the Korean War, the Vietnam War, Operation Desert Storm, or the Global War on Terrorism and who is discharged or separated under conditions other than dishonorable. (4) 'Woman veteran' and 'women veterans' means former members of the armed forces of the United States who are female and discharged from the armed forces under conditions other than dishonorable. (b)(1) Motor vehicle and trailer owners who are veterans or women veterans, who have received a military medal award, or who served during active military combat shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, motorcycles, trucks, or recreational vehicles used for personal transportation. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. (2)(A) Motor vehicle and trailer owners who are veterans or women veterans, who have received a military medal award, or who served during active military combat shall be issued upon application for and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles a veteran's license plate, a woman veteran's license plate, a military medal award recipient license plate, or a commemorative service license plate for service during active military combat. One such license plate shall be issued without the requisite registration fee, manufacturing fee, or annual registration fee. (B) Each member or former member of the armed forces of the United States listed in this subsection shall be entitled to no more than one such free license plate at a time; provided, however, that upon payment of a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which a $25.00 manufacturing fee is required, there shall be an additional annual registration fee of $25.00, and such fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. (c) The commissioner shall design a veteran's license plate, a woman veteran's license plate, a military medal award recipient license plate, and a license plate to commemorate service with the United States armed forces during active military combat. The design of a veteran's license plate issued to a veteran defined in subparagraph (a)(3)(B) of this Code section shall be distinctive in nature by inclusion of the legend 'Allied Veteran' in lieu of the name of the county of issuance and display such other distinctive design as determined by the commissioner. The commissioner shall promulgate such rules and regulations as may be necessary relating to design and issuance of such distinctive 'Allied Veteran' plates. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars, motorcycles, trucks, and trailers before issuing such license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and

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distinctive license plates shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (e) of this Code section, such plates shall be nontransferable. (d) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars, motorcycles, trucks, recreational vehicles, and trailers used for personal transportation. Such plates shall contain such words or symbols, in addition to the numbers and letters prescribed by law, so as to identify distinctively the owners who are veterans, who are recipients of a military medal award, or who served during active military combat and shall additionally identify distinctly the owner as a current or former member of one of the following branches of the armed forces of the United States: Army, Navy, Marines, Air Force, or Coast Guard. (e) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased veteran or of a deceased person who received a military medal award or who served during active military combat shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such person, ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying person's death or acquired thereafter, so long as such surviving spouse does not remarry. (e.1) The spouse of any person eligible to be issued a special license plate under this Code section shall also be eligible for such license plate, provided that no motor vehicle is registered in the name of the eligible person and all other requirements relating to registration and licensing relative to motor vehicles as prescribed in Article 2 of this chapter have been satisfied. (f) Special license plates issued under this Code section, except as provided in subparagraph (b)(2)(A) of this Code section, shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 without payment of an additional $25.00 annual registration fee."

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

Approved May 3, 2021.

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HEALTH EMERGENCY MEDICAL SERVICES PERSONNEL; ADMINISTRATION OF HYDROCORTISONE SODIUM SUCCINATE UNDER CERTAIN CIRCUMSTANCES.

No. 146 (House Bill No. 346).

AN ACT

To amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to authorize the administration of hydrocortisone sodium succinate by paramedics to patients with congenital adrenal hyperplasia under certain conditions; to provide for definitions; to provide for requirements; to provide for immunity; 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 "Jarom's Act."

SECTION 2. Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, is amended by adding a new Code section to read as follows:
"31-11-55.2. (a) As used in this Code section, the term:
(1) 'Congenital adrenal hyperplasia' means the salt wasting form of the classic type of congenital adrenal hyperplasia. (2) 'Emergency medical services personnel' means any person who has been certified as an emergency medical technician, cardiac technician, or paramedic. (b) Paramedics shall be authorized to administer hydrocortisone sodium succinate intramuscularly for the purpose of providing emergency care to a patient who: (1) Has congenital adrenal hyperplasia; or any adrenal insufficiency; (2) Is believed to be in adrenal crisis; and (3) Has on his or her person or in his or her belongings hydrocortisone sodium succinate in packaging that clearly states the appropriate dosage and has an unbroken seal. (c) In order to ensure public health and safety: (1) All emergency medical services personnel shall obtain appropriate training on congenital adrenal hyperplasia, and all paramedics shall obtain appropriate training regarding administration of hydrocortisone sodium succinate as set forth in the rules and regulations of the Department of Public Health; and

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(2) Within a reasonable period of time, all paramedics who administer hydrocortisone sodium succinate shall make available a printed or electronically stored report to the licensed ambulance service which transports the patient. (d) The immunity provided in Code Section 31-11-8 shall apply to any paramedic who in good faith renders emergency care pursuant to this Code section."

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

Approved May 3, 2021.

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LOCAL GOVERNMENT FENCE DETECTION SYSTEM; DEFINITION; LIMIT ABILITY OF COUNTIES, CONSOLIDATED GOVERNMENTS, AND MUNICIPALITIES TO REGULATE OR PROHIBIT.

No. 147 (Senate Bill No. 182).

AN ACT

To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to define the term "fence detection system"; to limit the ability of counties, consolidated governments, and municipalities to regulate or prohibit such systems; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding a new Code section to read as follows:
"36-60-12.1. (a) As used in this Code section, the term 'fence detection system' means a new or existing alarm system or electronic security system that interfaces with a monitored alarm device in a manner that enables the alarm system or electronic security system to transmit a signal intended to summon law enforcement or the property owner in response to an intrusion or burglary and has ancillary components or equipment attached to such system that include:
(1) A fence that is: (A) Located on nonresidentially zoned property;

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(B)(i) No more than ten feet in height; or (ii) Two feet higher than a nonelectric perimeter fence or wall, whichever is taller; and (C) Surrounded by a nonelectric perimeter fence or wall that is at least five feet in height upon which are placed conspicuous warning signs that are in no more than 30 foot intervals that read: 'WARNING- ELECTRIC FENCE'; (2) An energizer powered by a commercial storage battery not exceeding 12 volts that produces a short electric pulsed charge upon contact with the fence and that does not exceed energizer characteristics set for electric fence energizers by the International Electrotechnical Commission Standard 60335-2-76:2018; and (3) A battery charging device used exclusively to charge the battery. (b) Each county, consolidated government, and municipal corporation shall: (1) Treat fence detection systems in all zoning and permitting matters exclusively as alarm systems as such term is defined in paragraph (.1) of Code Section 43-14-2; and (2) Not, by ordinance or other regulation, prohibit the installation or use of fence detection systems that are consistent with requirements and standards described in subsection (a) of this Code section."

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

Approved May 3, 2021.

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LOCAL GOVERNMENT PROHIBIT COUNTIES AND MUNICIPALITIES FROM IMPOSING CIVIL PENALTIES ON ALARM SYSTEM CONTRACTORS FOR FALSE ALARMS IN CERTAIN CIRCUMSTANCES.

No. 148 (House Bill No. 465).

AN ACT

To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to prohibit local governments from imposing civil penalties upon an alarm system contractor for a false alarm that occurs through no fault of the alarm system contractor; to provide for definitions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding a new Code section to read as follows:
"36-60-28. (a) As used in this Code section, the term:
(1) 'Alarm system' shall have the same meaning as provided in Code Section 43-14-2. (2) 'Alarm system contractor' shall mean any alarm system monitoring business or alarm system installation and repair business. (3) 'Alarm system installation and repair business' means any person engaged in leasing, maintaining, servicing, repairing, altering, replacing, installing or inspecting any alarm system, or in causing any alarm system to be leased, maintained, serviced, repaired, altered, replaced, or installed in any building, structure, or facility. (4) 'Alarm system monitoring business' means any company that intercepts signals indicating the activation of an alarm system and relays this information to a public safety agency. (5) 'False alarm' means the activation of any alarm system that results in a request for police assistance for which the responding public safety agency finds no evidence of criminal activity. (6) 'Local government' means any county or municipality of this state. (7) 'Public safety agency' shall have the same meaning as provided in Code Section 16-10-28. (b) Notwithstanding any other provision of law, a local government may enact, adopt, or enforce any ordinance, resolution, or regulation requiring any alarm system contractor to pay for or be responsible for any fines, fees, or other penalties relative to false alarms only in situations when the false alarm is attributed to an error of the alarm system contractor or improper installation by the alarm system contractor or if the alarm system contractor cannot provide evidence of telephone logs, other electronic means, or visual evidence that the alarm verification process as provided in Code Section 35-1-9 was followed. In cases where the alarm system contractor was in compliance with such provisions, a local government may require that the alarm user responsible for the false alarm pay for or be responsible for any fines, fees, or other penalties relative to false alarms."

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

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

Approved May 3, 2021.

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INSURANCE PROPERTY INSURANCE; REVISE MEANING; CHANGE PARAMETERS UNDER WHICH CERTAIN CONTRACTS, AGREEMENTS, OR INSTRUMENTS MAY BE CANCELLED.

No. 149 (House Bill No. 241).

AN ACT

To amend Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, contract requirements, rules and regulations, and exemptions, so as to revise the meaning of property insurance; to change the parameters under which certain contracts, agreements, or instruments may be canceled; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, contract requirements, rules and regulations, and exemptions, is amended as follows:
"33-7-6. (a) Property insurance is insurance on real or personal property of every kind and interest therein against loss or damage from any or all hazards or causes and against loss consequential upon such loss or damage other than noncontractual legal liability for any such loss or damage. Property insurance shall also include miscellaneous insurance as defined in paragraph (10) of Code Section 33-7-3, except as to any noncontractual liability coverage includable therein. (b) Property insurance also includes:
(1) Any contract, agreement, or instrument whereby a person assumes the risk of and the expense or portion thereof for:
(A) The mechanical breakdown or mechanical failure of a motor vehicle; or (B) The repair of certain reasonable motor vehicle wear and tear sustained in ordinary use, such as:

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(i) The removal of dents, dings, or creases in a motor vehicle without affecting the existing paint finish using paintless dent repair techniques; (ii) The removal of small windshield chips and cracks without replacement of the entire windshield; (iii) The repair of rips, burns, tears, holes, and punctures to interior fabric or carpet; (iv) Cosmetic repair of minor scuffs, scratches, scrapes, or rash on exterior plastic surfaces, including, but not limited to, bumpers; (v) The repair or replacement of wheels on a motor vehicle damaged as a result of coming into contact with road hazards which may include, but are not limited to, potholes, rocks, wood debris, metal parts, plastic, curbs, or composite scraps; (vi) Exterior reconditioning of foggy or yellowed headlights to restore clarity and luster, (vii) The repair or replacement of a motor vehicle key or key fob in the event that the key or key fob becomes inoperable or is lost or stolen; or (viii) The repair, replacement, or maintenance of a motor vehicle, or indemnification for the repair, replacement, or maintenance for excess wear to the motor vehicle, resulting in lease-end excess wear and use charges assessed by a lessor pursuant to a motor vehicle lease agreement, provided that the value of any benefits under such contract, agreement, or instrument shall not exceed the purchase price of the vehicle; provided, further, that a person offering a cancellation or waiver of excess wear and use charges in connection with a lease as described in paragraph (6) of Code Section 33-63-3 is not subject to this Code section, and shall include those agreements commonly known as vehicle service agreements or extended warranty agreements, if made by a person other than the motor vehicle manufacturer or a subsidiary or affiliate of the motor vehicle manufacturer in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of a motor vehicle sold in conjunction therewith, except that this paragraph shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract or, without regard to the requirement that the insurance cannot be obtained from an insurer authorized to do business in this state as required by Code Section 33-5-21, to an agreement underwritten by a surplus lines insurer which has not been rejected by the Commissioner for such purpose; (2) Any contract, agreement, or instrument whereby a person assumes the risk of and the expense or portion of such expense for the structural or mechanical breakdown, loss of, or damage to a one-family or two-family residential building structure or any part thereof from any cause, including loss of or damage to or loss of use of the building structure or major components thereof which are attached to and become a part of said structure, if made by a person other than the constructing contractor or manufacturer of the building structure or part thereof in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of such building

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structure sold in conjunction therewith, except that this paragraph shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract or underwritten by a surplus line insurer approved by the Commissioner nor shall this provision apply to an agreement: (A) the performance of which is guaranteed by a surety bond executed by an authorized corporate surety insurer in favor of and approved by the Commissioner in an amount of not less than $1.5 million; provided further that a surety bond of an additional $100,000.00 shall be required for every additional $500,000.00 in written premium above $2 million in written premium. Any company relying upon one or more bonds pursuant to this subsection shall keep such bonds or equivalent coverage in place until the expiration of the contract, agreement, or instrument contemplated in this paragraph; or (B) notwithstanding with a duration of 13 months or less covering damage to or loss of use of the major appliances located in an existing or resold home where the performance of any covered repair is guaranteed by a surety bond executed by a corporate surety insurer authorized to offer surety insurance in this state in favor of the Commissioner and in an amount which in the discretion of the Commissioner will provide adequate protection to all the residents of this state who are covered by such agreements, provided that such amount shall not be less than $100,000.00; or (3) Any contract, agreement, or instrument, other than an agreement, contract, or instrument covered by paragraphs (1) and (2) of this subsection, whereby a person assumes the risk of and the expense or portion thereof for the cost of repair or replacement of a product if such contract, agreement, or instrument is made by a person other than the manufacturer or a subsidiary or affiliate of the motor vehicle manufacturer in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of the product sold in conjunction therewith, except that this paragraph shall not apply to:
(A) An agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract; (B) Any contract, agreement, or instrument relating to similar services furnished by any air carrier that provides interstate air transportation; (C) Any tire replacement contract, agreement, or instrument; (D) A contract, agreement, or instrument whereby a retailer in the business of selling consumer products or a wholly owned subsidiary of such retailer assumes the risk of and the expense or portion thereof for the cost of repair or replacement of consumer products where such contract, agreement, or instrument is guaranteed by a surety bond executed by a corporate surety insurer authorized to offer surety insurance in this state in favor of and approved by the Commissioner in an amount of not less than $100,000.00; or (E) Any contract, agreement, or instrument whereby any person assumes the risk of and the expense or portion of such expense for the breakdown, service, repair, or replacement due to normal wear and tear or structural or inherent defect to the major

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appliances, utility systems, and roofing system of any one-family or two-family residential building structure in exchange for a separately stated consideration and does not otherwise provide direct or consequential coverage under a property contract defined in paragraph (1) or (2) of this subsection or the introductory language of this paragraph and such contract, agreement, or instrument is guaranteed by a surety bond executed by a corporate surety insurer authorized to offer surety insurance in this state in favor of and approved by the Commissioner in an amount of not less than $100,000.00. (c)(1) Any contract, agreement, or instrument, as regulated under paragraphs (1), (2), and (3) of subsection (b) of this Code section, shall state clearly and conspicuously in the contract the name and address of the insurer or surety which has guaranteed or underwritten the contract, agreement, or instrument, either directly or through a reinsurance contract. (2) In the event a regulated contract, agreement, or instrument is issued by a party other than an insurer so that the holder thereof, in the first instance, must make a claim or request for refund pursuant to paragraph (3) of this subsection against a party other than the insurer, the contract, agreement, or instrument shall provide that the holder shall be entitled to make a direct claim against the insurer upon the failure of the issuer to pay any claim or to refund the consideration paid by the holder for the contract, agreement, or instrument within 60 days after proof of loss has been filed with the issuer. (3)(A) The regulated contract, agreement, or instrument shall be cancelable by the holder for a full refund minus any claims paid if the holder cancels within 20 days of the date that the contract, agreement, or instrument was mailed to the last known address of the holder or within ten days of delivery if delivered to the holder at the time of sale, or within a longer time period permitted under the contract, agreement, or instrument. Such cancellation shall be effective upon return of the contract, agreement, or instrument to the issuer within the applicable time period. If no claim has been made prior to its return to the issuer, the contract, agreement, or instrument is void by operation of law upon its receipt by the issuer, and such issuer shall refund to the holder, or credit the account of the holder, the full purchase price. The right to void the contract, agreement, or instrument provided in this paragraph is not transferable and shall apply only to the original purchaser, and shall apply only if no claim has been made prior to its return to the issuer. A 10 percent penalty per month shall be added to a refund that is not paid or credited within 45 days after the return of the contract, agreement, or instrument to the issuer. (B) Subsequent to the expiration of the applicable time period specified in subparagraph (c)(3)(A), a holder may cancel and the issuer shall refund to the holder 100 percent of the unearned pro rata purchase price, less any claims paid. A reasonable administrative fee may be charged by the issuer not to exceed 10 percent of the unearned pro rata purchase price.

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(4) The regulated contract, agreement, or instrument shall be noncancelable by the issuer except for fraud, material misrepresentation, or failure to pay the consideration due therefor. Notice of such cancellation stating the reason for and effective date of the cancellation shall be given to the holder in writing no less than 30 days before the effective date of such cancellation. Following an issuer cancellation, the holder shall be refunded 100 percent of the unearned pro rata purchase, less any claims paid. A reasonable administrative fee may be charged by the issuer not to exceed 10 percent of the unearned pro rate purchase price. (5) Any contract, agreement, or instrument exempt under subparagraph (b)(3)(D) or (b)(3)(E) of this Code section shall state clearly and conspicuously substantially the following: 'This is not a contract of insurance.' (d) The Commissioner shall promulgate rules and regulations regarding vehicle service agreements or extended warranty agreements as described in paragraph (1) of subsection (b) of this Code section. Such rules and regulations shall include filing requirements, disclosures for the benefit of the agreement holder, record keeping, and procedures for public complaints. Such rules and regulations shall also include the conditions under which surplus lines insurers may be rejected for the purpose of underwriting vehicle service agreements and extended warranty agreements. (e)(1) As used in this subsection, the term 'heavy equipment dealer' means a person, firm, or corporation which is primarily engaged in the business of selling, renting, leasing, and servicing heavy equipment, engines, power generation equipment, and parts and attachments to such heavy equipment which is primarily used for construction, industrial, maritime, mining, agriculture, or similar purposes and who is not required to be licensed. (2) The provisions of this Code section shall not apply to heavy equipment dealers. (f) Property insurance does not include those agreements commonly known as vehicle service agreements or extended warranty agreements which are issued, sold, or offered for sale by a retail installment seller, as defined in Code Section 10-1-31 in connection with the sale of a motor vehicle by such retail installment seller, provided that such retail installment seller: (1) Maintains, or has a parent company maintain, a net worth or stockholders' equity of at least $50 million, provided the parent company guarantees the obligations of the retail installment seller arising from vehicle service agreements or extended warranty agreements underwritten pursuant to this paragraph; (2) Complies with the registration requirement prescribed by the Commissioner through regulation; (3) Files with the Commissioner a true and correct copy of the vehicle service agreement or extended warranty agreement that has a term of and is no longer than nine months in a form that is consistent with the terms prescribed by the Commissioner through regulation; (4) Files a copy of its Form 10-K or Form 20-F disclosure statements, or if it does not file such statements with the United States Securities and Exchange Commission, a copy

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of its audited financial statements reported on a GAAP basis. If the retail installment seller's financial statements are consolidated with those of its parent company, then the retail installment seller may comply with this provision by filing the statements of its parent company. The statement shall be filed with the Commissioner 30 days prior to the retail installment seller's initial offering or delivering of a service agreement or extended warranty agreement, and thereafter, the statement shall be filed with the Commissioner annually; and (5) Upon the request of the Commissioner, posts a security deposit or surety bond in an amount not to exceed $250,000.00 and in the manner prescribed by the Commissioner through regulation."

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

Approved May 3, 2021.

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MOTOR VEHICLES AND TRAFFIC MOTOR VEHICLE REGISTRATION APPLICATION FORMS; ADDITIONAL INFORMATION.

No. 150 (House Bill No. 43).

AN ACT

To amend Code Section 40-2-26 of the Official Code of Georgia Annotated, relating to form and contents of application for registration, heavy vehicle tax, and satisfactory proof of insurance, so as to require motor vehicle registration application forms to include optional information regarding certain conditions which may interfere with a registrant's ability to communicate; to provide for the sharing of such information with law enforcement upon a vehicle tag inquiry; 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 "Walker's Law."

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SECTION 2. Code Section 40-2-26 of the Official Code of Georgia Annotated, relating to form and contents of application for registration, heavy vehicle tax, and satisfactory proof of insurance, by revising subsection (b) as follows:
"(b)(1) Application shall be made by the owner of the vehicle upon a form prepared by the commissioner for such purposes setting forth the name, place of residence, and address of the applicant; a brief description of the vehicle to be registered, including its name and model, the name of the manufacturer, the manufacturer's vehicle identification number, and its shipping weight and carrying capacity; from whom, where, and when the vehicle was purchased; the total amount of all liens, if any, thereon, with the name and address of the lienholder; and such other information as the commissioner may require.
(2) The commissioner shall further include on such form a place which provides an applicant an opportunity to: (A) Designate an alternative emergency contact telephone number that shall be made available to a law enforcement officer making a vehicle tag inquiry with the records of the department or criminal justice information system in the course of conducting official law enforcement business; and (B) Indicate that the applicant or an expected driver of the vehicle has a physical, mental, or neurological condition which impedes the applicant's ability to communicate which shall be made available to a law enforcement officer making a vehicle tag inquiry with the records of the department or criminal justice information system in the course of conducting official law enforcement business. (3) Any applicant electing to submit information for subparagraph (B) of paragraph (2) of this subsection shall submit an affidavit which attests to the following information: (A) A description of the condition or diagnosis which impedes the ability to communicate, including whether such impediment is temporary, intermittent, or triggered by certain events; and (B) Whether such condition exists for the applicant or an expected driver of the vehicle, including the name of the expected driver if other than the applicant."

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

Approved May 3, 2021.

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CRIMINAL PROCEDURE PENAL INSTITUTIONS REVISE CONDITIONS AND PROCEDURES UNDER WHICH PROBATION MAY BE TERMINATED EARLY.

No. 151 (Senate Bill No. 105).

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, and Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to state-wide probation system, so as to revise the conditions and procedures under which probation may be terminated early; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, is amended by revising subsection (a) of Code Section 17-10-1, relating to fixing of sentence, suspension or probation of sentence, change in sentence, eligibility for parole, prohibited modifications, and exceptions, as follows:
"(a)(1)(A) Except in cases in which life imprisonment, life without parole, or the death penalty may be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be within the minimum and maximum sentences prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, including service of a probated sentence in the sentencing options system, as provided by Article 6 of Chapter 3 of Title 42, and including the authority to revoke the suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court, even before the probationary period has begun, subject to the conditions set out in this subsection; provided, however, that such action shall be subject to the provisions of Code Sections 17-10-6.1 and 17-10-6.2.
(B)(i) When a defendant with no prior felony conviction is convicted of felony offenses or is charged with felony offenses and is sentenced pursuant to subsection (a) or (c) of Code Section 16-13-2 or Article 3 of Chapter 8 of Title 42, and the court imposes a sentence of probation or not more than 12 months of imprisonment

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followed by a term of probation, the court shall include a behavioral incentive date in its sentencing order that does not exceed three years from the date such sentence is imposed. Within 60 days of the expiration of such incentive date, if the defendant has (1) paid all restitution owed; (2) not had his or her probation revoked in the immediately preceding 24 months, or when the court includes a behavioral incentive date less than two years from the date a sentence was imposed, not had his or her probation revoked during such period; and (3) not been arrested for anything other than a nonserious traffic offense as defined in Code Section 35-3-37, the Department of Community Supervision shall notify the prosecuting attorney and the court of such facts. The Department of Community Supervision shall provide the court with an order to terminate such defendant's probation which the court shall execute unless the court or the prosecuting attorney requests a hearing on such matter within 30 days of the receipt of such order. The court shall set the matter for a hearing as soon as possible but not more than 90 days after receiving the order to terminate. The court shall take whatever action it determines would be for the best interest of justice and the welfare of society. (ii) This subparagraph is intended to be retroactive and shall be applied to any case in which a person with no prior felony conviction was convicted of felony offenses or was charged with felony offenses and was sentenced pursuant to subsection (a) or (c) of Code Section 16-13-2 or Article 3 of Chapter 8 of Title 42, and the court imposed a sentence of probation or a sentence of not more than 12 months of imprisonment followed by a term of probation. A behavioral incentive date shall as a matter of law be included in the sentencing order, but in a case where it was not, the behavioral incentive date shall be three years from the date such sentence was imposed. (2)(A) Active probation supervision shall terminate in all cases no later than two years from the commencement of active probation supervision unless specially extended or reinstated by the sentencing court upon notice and hearing and for good cause shown; provided, however, that in those cases involving: (i) The collection of restitution, the period of active probation supervision shall remain in effect for so long as any such obligation is outstanding, or until termination of the sentence, whichever first occurs; (ii) A conviction under Chapter 15 of Title 16, the 'Georgia Street Gang Terrorism and Prevention Act,' the period of active probation supervision shall remain in effect until the termination of the sentence, but shall not exceed five years unless as otherwise provided in this paragraph; or (iii) A conviction that requires the defendant to register on the state sexual offender registry pursuant to Code Section 42-1-12, the period of active probation supervision shall remain in effect until the court orders unsupervised probation, or until termination of the sentence, whichever first occurs.

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(B) Probation supervision shall not be required for defendants sentenced to probation while the defendant is in the legal custody of the Department of Corrections or the State Board of Pardons and Paroles. (3)(A) Any part of a sentence of probation revoked for a violation other than a subsequent commission of any felony, a violation of a special condition, or a misdemeanor offense involving physical violence resulting in bodily injury to an innocent victim which in the opinion of the trial court constitutes a danger to the community or a serious infraction occurring while the defendant is assigned to an alternative probation confinement facility shall be served in a probation detention center, probation boot camp, weekend lock up, or confinement in a local jail or detention facility, or other community correctional alternatives available to the court or provided by the Department of Corrections. (B) A parolee or probationer charged with a misdemeanor involving physical injury or an attempt to commit physical injury or terroristic threats or with a new felony shall not be entitled to bond pending a hearing on the revocation of his or her parole or probation, except by order of a judge of the superior, state, or magistrate court wherein the alleged new offense occurred after a hearing and upon determination of the superior, state, or magistrate court that the parolee or probationer does not constitute a threat to the community; provided, however, that this subparagraph does not authorize state or magistrate court judges to grant bail for a person charged with any offense listed in subsection (a) of Code Section 17-6-1. (4) In cases of imprisonment followed by probation, the sentence shall specifically provide that the period of probation shall not begin until the defendant has completed service of the confinement portion of the sentence. No revocation of any part of a probated sentence shall be effective while a defendant is in the legal custody of the State Board of Pardons and Paroles. (5)(A) When a defendant has been sentenced to probation, the court shall retain jurisdiction throughout the period of the probated sentence as provided for in subsection (g) of Code Section 42-8-34. Without limiting the generality of the foregoing, the court may shorten the period of active probation supervision or unsupervised probation on motion of the defendant or on its own motion, or upon the request of a community supervision officer, if the court determines that probation is no longer necessary or appropriate for the ends of justice, the protection of society, and the rehabilitation of the defendant. When the court is presented with a petition to shorten the period of active probation supervision or unsupervised probation, the court shall set the matter for a hearing as soon as possible but not more than 90 days after receiving such motion. Prior to entering any order for shortening a period of probation, the court shall afford notice to the victim or victims of all sex related offenses or violent offenses resulting in serious bodily injury or death and, upon request of the victim or victims so notified, shall afford notice and an opportunity for hearing to the defendant and the prosecuting attorney.

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(B) The Department of Community Supervision shall establish a form document which shall include the elements set forth in this Code section concerning notification of victims and shall make copies of such form available to prosecuting attorneys in this state. When requested by the victim, the form document shall be provided to the victim by the prosecuting attorney. The form shall include the address of the community supervision office having jurisdiction over the case and contain a statement that the victim must maintain a copy of his or her address with the community supervision office and must notify the office of any change of address in order to maintain eligibility for notification by the Department of Community Supervision as required in this Code section. (6)(A) Except as otherwise authorized by law, no court shall modify, suspend, probate, or alter a previously imposed sentence so as to reduce or eliminate a period of incarceration or probation and impose a financial payment which:
(i) Exceeds the statutorily specified maximum fine, plus all penalties, fees, surcharges, and restitution permitted or authorized by law; or (ii) Is to be made to an entity which is not authorized by law to receive fines, penalties, fees, surcharges, or restitution. (B) The prohibitions contained in this paragraph shall apply regardless of whether a defendant consents to the modification, suspension, probation, or alteration of such defendant's sentence and the imposition of such payment. (C) Nothing in this paragraph shall prohibit or prevent a court from requiring, as a condition of suspension, modification, or probation of a sentence in a criminal case involving child abandonment, that the defendant pay all or a portion of child support which is owed to the custodial parent of a child which is the subject of such case. (7) As used in this subsection, the term: (A) 'Active probation supervision' means the period of a probated sentence in which a probationer actively reports to his or her community supervision officer or is otherwise under the direct supervision of a community supervision officer. (B) 'Unsupervised probation' means the period of a probated sentence that follows active probation supervision in which: (i) All of the conditions and limitations imposed by the court remain intact; (ii) A probationer may have reduced reporting requirements; and (iii) A community supervision officer shall not actively supervise such probationer."

SECTION 2. Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to state-wide probation system, is amended by revising Code Section 42-8-37, relating to effect of termination of probated portion of sentence, review of cases of persons receiving probated sentence, and reports, as follows:

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"42-8-37. (a) Upon the termination of the probated portion of a sentence, the probationer shall be released from probation and shall not be liable to sentence for the crime for which probation was allowed; provided, however, that the foregoing shall not be construed to prohibit the conviction and sentencing of the probationer for the subsequent commission of the same or a similar offense or for the subsequent continuation of the offense for which he or she was previously sentenced. (b) The court may at any time cause the probationer to appear before it to be admonished or commended and, when satisfied that its action would be for the best interest of justice and the welfare of society, may discharge the probationer from further supervision.
(c)(1) The case of each person receiving a probated sentence of three years or more shall be reviewed by the officer responsible for such case after service of three years on probation, and a written report of the probationer's progress shall be submitted to the sentencing court along with the officer's recommendation as to early termination. The report shall specifically state whether the probationer has been arrested for anything other than a nonserious traffic offense as defined in Code Section 35-3-37, whether the probationer has had his or her probation revoked in the immediately preceding 24 months, and the status of the probationer's payments toward any restitution imposed. Each such case shall be reviewed and a written report submitted annually thereafter until the termination, expiration, or other disposition of the case. If early termination is recommended in the written report, DCS shall notify the prosecuting attorney and simultaneously provide the court with an order to terminate such probation. The court shall execute the order to terminate unless the court or the prosecuting attorney requests a hearing on such matter within 30 days of the receipt of such order. The court shall set the matter for a hearing as soon as possible but not more than 90 days after receiving the order to terminate. The court shall take whatever action it determines would be for the best interest of justice and the welfare of society. (2) This subsection is intended to be retroactive and applied to any probationer under the supervision of DCS. (d)(1) When a probationer is on probation for a qualified offense, DCS shall provide the court with an order to terminate his or her probation if, after serving three years on probation, the probationer has:
(A) Paid all restitution owed; (B) Not had his or her probation revoked in the immediately preceding 24 months; and (C) Not been arrested for anything other than a nonserious traffic offense as defined in Code Section 35-3-37. (2) When the court is presented with such order, it shall execute the order to terminate unless the court or the prosecuting attorney requests a hearing on such matter within 30 days of the receipt of such order. The court shall set the matter for a hearing as soon as possible but not more than 90 days after receiving the order to terminate. The court shall

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take whatever action it determines would be for the best interest of justice and the welfare of society. (3) This subsection is intended to be retroactive and applied to any probationer under the supervision of DCS."

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

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

Approved May 3, 2021.

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CRIMES AND OFFENSES MOTOR VEHICLES AND TRAFFIC CREATES OFFENSES OF PROMOTING ILLEGAL DRAG RACING AND LAYING DRAGS AND RECKLESS STUNT DRIVING.

No. 152 (House Bill No. 534).

AN ACT

To amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to provide for the offense of promoting illegal drag racing and laying drags; to provide for punishment; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for the offense of reckless stunt driving; to provide for report of conviction of such offenses by courts to the Department of Driver Services; to provide for conditions and limitations for suspension of driver's license upon conviction; to provide for reinstatement of license after suspension; to provide for classification as habitual violator; to provide for issuance of a limited driving permit in certain instances; to provide for fees; to provide for punishment; to provide for forfeiture of motor vehicle in certain instances; to provide for commission of such offense in relation to homicide by vehicle, feticide by vehicle, serious injury by vehicle, and aggressive driving; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, is amended by adding a new Code section to read as follows:
"16-11-43.1. Any person who knowingly promotes or organizes an exhibition of illegal drag racing, in violation of Code Section 40-6-186, or of laying drags, in violation of Code Section 40-6-251, shall be guilty of a misdemeanor of a high and aggravated nature."

SECTION 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-5-53, relating to when courts to send licenses and reports of convictions to department, destruction of license by department, and issuance of new license upon satisfaction of certain requirements, by revising paragraph (3) of subsection (b) as follows:
"(3) A report of any conviction for an offense covered under Code Section 40-5-54, or Code Sections 40-6-390.1 through 40-6-395, or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substantially conforming to any offense covered under Code Section 40-5-54 or Code Sections 40-6-390.1 through 40-6-395, regardless of the date such report of conviction is received by the department, shall be considered for purposes of revoking a driver's license in accordance with Code Section 40-5-58."

SECTION 3. Said title is further amended by revising Code Section 40-5-57.2, which is reserved, as follows:
"40-5-57.2. (a) The driver's license of any person convicted of reckless stunt driving in violation of Code Section 40-6-390.1 shall by operation of law be suspended, and such suspension shall be subject to the following terms and conditions:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be up to 12 months, provided that such person may apply to the department for early reinstatement of his or her driver's license at the end of 120 days. Such license shall be reinstated upon payment of a restoration fee of $210.00, or $200.00 when such reinstatement is processed by mail; (2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the

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current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that such person may apply to the department for early reinstatement of his or her driver's license after 18 months from the date of the conviction. Such license shall be reinstated upon payment of a restoration fee of $310.00, or $300.00 when such reinstatement is processed by mail; and (3) Upon the third or subsequent conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and such person's license shall be revoked as provided for in Code Section 40-5-58. A person whose license has been suspended pursuant to this subsection may, if eligible under Code Section 40-5-58, apply for a probationary license pursuant to such Code section. A driver's license suspension imposed under this paragraph shall run concurrently with and shall be counted toward the fulfillment of any period of revocation imposed directly under Code Sections 40-5-58 and 40-5-62, provided that such revocation arose from the same act for which the suspension was imposed. (b) Whenever a person is convicted of reckless stunt driving in violation of Code Section 40-6-390.1, the court in which such conviction is entered shall require the surrender of any driver's license then held by the person so convicted, and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The method of calculating the periods of suspension provided for in this Code section shall be governed by subsection (e) of Code Section 40-5-61. (c) Application for reinstatement of a driver's license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by the applicable restoration fee. (d) Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person's license has been suspended pursuant to this Code section if such person has not thereafter obtained a valid license or limited permit. Any person who is convicted of operating a motor vehicle before the department has reinstated such person's license or before obtaining a limited driving permit or probationary license shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both."

SECTION 4. Said title is further amended by revising Code Section 40-5-58, relating to habitual violators and probationary licenses, as follows:
"40-5-58. (a) As used in this Code section, 'habitual violator' means any person who has been arrested and convicted within the United States three or more times within a five-year

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period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, of:
(1) Committing any offense covered under Code Section 40-5-54 or Code Sections 40-6-390.1 through 40-6-395 or violating a federal law or regulation or the law of any state or a valid municipal or county ordinance substantially conforming to any offense covered under Code Section 40-5-54 or Code Sections 40-6-390.1 through 40-6-395; or (2) Singularly or in combination, any of the offenses described in paragraph (1) of this subsection. (b) When the records of the department disclose that any person is a habitual violator as defined in subsection (a) of this Code section, the department shall forthwith notify such person that his or her driver's license has been revoked by operation of law and that it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. Notice shall be given by certified mail or statutory overnight delivery, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. (c)(1) Except as provided in paragraph (2) of this subsection or in subsection (d) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person has received notice that his or her driver's license has been revoked as provided in subsection (b) of this Code section, if such person has not thereafter obtained a valid driver's license. Any person declared to be a habitual violator and whose driver's license has been revoked under this Code section and who is thereafter convicted of operating a motor vehicle before the department has issued such person a driver's license or before the expiration of five years from such revocation, whichever occurs first, shall be punished by a fine of not less than $750.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. Any person declared to be a habitual violator and whose driver's license has been revoked and who is convicted of operating a motor vehicle after the expiration of five years from such revocation but before the department has issued such person a driver's license shall be guilty of a misdemeanor. (2) Any person declared to be a habitual violator as a result of three or more convictions of violations of Code Section 40-6-391 within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, and who is thereafter convicted of operating a motor vehicle during such period of revocation, prior to the issuance of a probationary license under subsection (d) of this Code section or before the expiration of five years, shall be guilty of the felony of habitual impaired driving and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both.
(d)(1) Notwithstanding any contrary provisions of this Code section or any other Code section of this chapter, any person who has been declared a habitual violator and who has had his or her driver's license revoked under subsection (b) of this Code section for

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a period of five years and two years have expired since the date on which such person's license was surrendered or an affidavit was accepted as provided in subsection (e) of Code Section 40-5-61 may be issued a probationary driver's license for a period of time not to exceed three years upon compliance with the following conditions: (A) Such person has not been convicted, or pleaded nolo contendere to a charge, of violating any provision of this chapter, Chapter 6 of this title, or any local ordinance relating to the movement of vehicles for a period of two years immediately preceding the application for a probationary driver's license; (B) Such person has not been convicted, or pleaded nolo contendere to a charge, of a violation of any provision of this chapter or Chapter 6 of this title which resulted in the death or injury of any individual; (C) Such person has successfully completed, prior to the issuance of the probationary driver's license, a defensive driving course approved by the commissioner pursuant to Code Section 40-5-83 or a DUI Alcohol or Drug Use Risk Reduction Program as designated by the department; (D) Reserved; (E) Such person shall submit a sworn affidavit that such person does not excessively use alcoholic beverages and does not illegally use controlled substances or marijuana when a person has been declared a habitual violator based upon a violation of a state law or local ordinance involving Code Section 40-6-391. It shall be a misdemeanor to falsely swear on such affidavit and, upon conviction, the probationary license shall be revoked. No probationary license shall be issued during the remainder of the revocation period, and no driver's license shall be issued for the remainder of the original revocation period or for a period of two years from the date of conviction under this subparagraph; (F) Such person submits proof of financial responsibility as provided in Chapter 9 of this title; and (G) Refusal to issue a probationary driver's license would cause extreme hardship to the applicant. For the purposes of this subsection, the term 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from:
(i) Going to his or her place of employment or performing the normal duties of his or her occupation; (ii) Receiving scheduled medical care or obtaining prescription drugs; (iii) Attending a college or school at which he or she is regularly enrolled as a student; (iv) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; or (v) Attending under court order any driver education or improvement school or alcohol or drug treatment program or course approved by the court which entered the

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judgment of conviction resulting in revocation of his or her driver's license or by the commissioner. (2) Application for a probationary driver's license shall be made upon such forms as the commissioner may prescribe. Such forms shall require such information as is necessary for the department to determine the need for such license. All applications shall be signed by the applicant before a person authorized to administer oaths. (3) Upon compliance with the above conditions and the payment of a fee of $210.00, or $200.00 when processed by mail, such person may be issued a probationary driver's license by the department. Upon payment of a fee in an amount the same as that provided by Code Section 40-5-25 for issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed probationary driver's license issued to him or her. (4) A probationary driver's license shall be endorsed with such conditions as the commissioner deems necessary to ensure that such license will be used by the licensee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions: (A) Specific places between which the licensee may be allowed to operate a motor vehicle; (B) Routes to be followed by the licensee; (C) Times of travel; (D) The specific vehicles which the licensee may operate; and (E) Such other restrictions as the department may require. (5) A probationary driver's license issued pursuant to this Code section shall become invalid upon the expiration of the period of the suspension or revocation of the driver's license of such person. (6)(A)(i) Any probationary licensee violating the provisions of paragraph (4) of this subsection or operating a vehicle in violation of any conditions specified in this subsection shall be guilty of a misdemeanor. (ii) Except as provided in division (iii) of this subparagraph, any probationary licensee violating any state law or local ordinance involving an offense listed in Code Section 40-5-54, 40-6-390.1, or 40-6-391 shall be guilty of a felony and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. (iii) Any probationary licensee violating any state law or local ordinance involving a felony offense listed in Code Section 40-5-54 shall be guilty of a felony and shall be punished as is provided for conviction of such felony. (B) Any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, any state law or local ordinance involving an offense listed in Code Section 40-5-54, 40-6-390.1, or 40-6-391 or any probationary licensee who is convicted of violating, or who pleads nolo contendere to a charge of violating, the conditions endorsed on such license, shall have his or her license revoked

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by the department. Any court in which such conviction is had or in which said nolo contendere plea is accepted shall require the licensee to surrender the license to the court. The court shall forward the license to the department within ten days after the conviction or acceptance of the plea, with a copy of the conviction. Any person whose probationary license is revoked for committing an offense listed in Code Section 40-5-54, 40-6-390.1, or 40-6-391 shall not be eligible to apply for a regular driver's license until the expiration of the original five-year revocation period during which the probationary license was originally issued or for a period of two years following the conviction, whichever is greater. (C) If the commissioner has reason to believe or makes a preliminary finding that the requirements of the public safety or welfare outweigh the individual needs of a person for a probationary license, the commissioner, in his or her discretion, after affording the person notice and an opportunity to be heard, may refuse to issue the license under this subsection. (D) Any person whose probationary driver's license has been revoked shall not be eligible to apply for a subsequent probationary license under this Code section for a period of five years. (7) Any person whose probationary license has been revoked or who has been refused a probationary license by the department may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accordance with Chapter 13 of Title 50. (e) If a person's license was revoked for a violation of Code Section 40-6-391 resulting from a motor vehicle collision in which any person lost his or her life, the person whose license was revoked shall not be entitled to a probationary license as set forth in this Code section."

SECTION 5. Said title is further amended in Code Section 40-5-64, relating to limited driving permits for certain offenders, by revising subsections (a) and (e) as follows:
"(a) To whom issued. (1) Notwithstanding any contrary provision of this Code section or Code Section 40-5-57, 40-5-57.2, 40-5-63, 40-5-75, 40-5-121, or 42-8-111, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest, may apply for a limited driving permit when: (A) That person's driver's license has been suspended in accordance with: (i) Subsection (d) of Code Section 40-5-57; (ii) Paragraph (1) of subsection (a) of Code Section 40-5-57.2;

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(iii) Paragraph (1) of subsection (a) of Code Section 40-5-63; (iv) Paragraph (1) of subsection (a) of Code Section 40-5-67.2; or (v) Subsection (a) of Code Section 40-5-57.1, when the person is 18 years of age or older and his or her license was suspended for exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour; and (B) The sentencing judge, in his or her discretion, decides it is reasonable to issue a limited driving permit. (2) No person who has been granted an exemption from the ignition interlock device requirements of Article 7 of Chapter 8 of Title 42 due to undue financial hardship under Code Section 42-8-111 shall be eligible for a limited driving permit, an ignition interlock device limited driving permit, or any other driving privilege for a period of one year. (3) To the extent a person is subject to more than one suspension for which a limited driving permit may be issued, the department shall not issue such permit unless the suspensions are for a conviction for driving under the influence in violation of Code Section 40-6-391 imposed pursuant to Code Section 40-5-63 and an administrative suspension imposed pursuant to paragraph (1) of subsection (a) of Code Section 40-5-67.2 arising from the same incident." "(e) Fees, duration, renewal, and replacement of limited driving permit. (1) A limited driving permit issued pursuant to this Code section shall be $25.00 and shall become invalid upon: (A) The expiration of one year following issuance thereof in the case of a suspension: (i) For an offense listed in Code Section 40-5-54; (ii) Under Code Section 40-5-57; (iii) Under Code Section 40-5-57.2; or (iv) In accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391; (B) The expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2; or (C) Any earlier reinstatement of the driver's license. (2) A person may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her driver's license to the court in which the conviction was adjudged or to the department if the department has processed the administrative driver's license suspension form or conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver's license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. (3) Limited driving permits issued pursuant to this Code section are renewable upon payment of a renewal fee of $5.00. Such permits may be renewed one time after the person is eligible to reinstate his or her driver's license for the violation that was the basis of the issuance of the permit.

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(4) Upon payment of a fee in an amount the same as that provided by Code Section 40-5-25 for issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed limited driving permit issued to him or her."

SECTION 6. Said title is further amended by adding a new Code section to read as follows:
"40-6-390.1. (a) Any person who operates any vehicle while drag racing, in violation of Code Section 40-6-186, or laying drags, in violation of Code Section 40-6-251, in reckless disregard for the safety of persons on a highway or upon private property without express authorization from the owner of such property commits the offense of reckless stunt driving and, upon conviction thereof, shall be guilty of:
(1) For the first conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous ten years, a misdemeanor of a high and aggravated nature to be punished by:
(A) A fine of not less than $300.00 but no more than $750.00; and (B) A period of imprisonment of not fewer than ten days nor more than six months; (2) For the second conviction in a ten-year period of time, a misdemeanor of a high and aggravated nature to be punished by: (A) A fine of not less than $600.00 and not more than $1,000.00; and (B) A period of imprisonment of not fewer than 90 days and not more than 12 months; (3) For the third conviction in a ten-year period of time, a misdemeanor of a high and aggravated nature to be punished by: (A) A fine of not less than $1,000.00 and not more than $5,000.00; and (B) A period of imprisonment of not fewer than 120 days and not more than 12 months; and (4) For a fourth or subsequent conviction in a ten-year period of time, a felony to be punished by: (A) A fine of not less than $1,000.00 and not more than $5,000.00; and (B) A period of imprisonment of not fewer than one year and not more than five years. (b)(1) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the misdemeanor or high and aggravated misdemeanor punishments provided for in this Code section upon a conviction of violating this Code section or upon a conviction of violating any ordinance adopting the provisions of this Code section. (2) Notwithstanding any provision of this Code section to the contrary, any court authorized to hear misdemeanor or high and aggravated misdemeanor cases involving violations of this Code section shall be authorized to exercise the power to probate, suspend, or stay any sentence imposed. (c)(1) Any motor vehicle operated by a person who has been declared a habitual violator for three violations of this Code section, whose license has been revoked, and who is

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arrested and charged with a violation of this Code section is declared to be contraband and subject to forfeiture in accordance with the procedures set forth in Chapter 16 of Title 9. (2) In any case where a vehicle which is the only family vehicle is determined to be subject to forfeiture, the court may, if it determines that the financial hardship to the family as a result of the forfeiture and sale outweighs the benefit to the state from such forfeiture, order the title to the vehicle transferred to such other family member who is a duly licensed operator and who requires the use of such vehicle for employment or family transportation purposes. Such transfer shall be subject to any valid liens and shall be granted only once. (d) For purposes of this Code section, the occurrence of a previous conviction shall be measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted."

SECTION 7. Said title is further amended in Code Section 40-6-393, relating to homicide by vehicle, by revising subsections (a) and (c) as follows:
"(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163, Code Sections 40-6-390 through 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years." "(c) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163, subsection (b) of Code Section 40-6-270, Code Sections 40-6-390 through 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3."

SECTION 8. Said title is further amended in Code Section 40-6-393.1, relating to feticide by vehicle and penalties, by revising subsection (c) as follows:
"(c)(1) A person commits the offense of feticide by vehicle in the second degree if he or she causes the death of an unborn child by any injury to the mother of such child by violating any provision of this title other than Code Sections 40-6-390 through 40-6-391, which would be homicide by vehicle in the second degree as provided in subsection (c) of Code Section 40-6-393 if it resulted in the death of such mother. (2) A person convicted of the offense of feticide by vehicle in the second degree shall be punished as provided in Code Section 17-10-3."

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SECTION 9. Said title is further amended in Code Section 40-6-394, relating to serious injury by vehicle and penalty, by revising subsection (b) as follows:
"(b) Any person who, without malice aforethought, causes an accident that results in bodily harm while violating Code Sections 40-6-390 through 40-6-391 commits the crime of serious injury by vehicle. A person convicted of violating this subsection shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than 15 years."

SECTION 10. Said title is further amended by revising Code Section 40-6-397, relating to aggressive driving and penalty, as follows:
"40-6-397. (a) A person commits the offense of aggressive driving when he or she operates any motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person, including without limitation violating Code Section 40-6-42, 40-6-48, 40-6-49, 40-6-123, 40-6-184, 40-6-312, 40-6-390, or 40-6-390.1 with such intent. (b) Any person convicted of aggressive driving shall be guilty of a misdemeanor of a high and aggravated nature."

SECTION 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all offenses committed on and after such date.

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

Approved May 3, 2021.

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PROFESSIONS AND BUSINESSES PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESSES; COMPLETION OF GEORGIA PEACE OFFICER
STANDARDS AND TRAINING AUTHORIZES PERSONS TO SERVE AS A PRIVATE GUARD, WATCHMAN, OR PATROLMAN WHILE
AWAITING LICENSURE APPROVAL.

No. 153 (House Bill No. 364).

AN ACT

To amend Code Section 43-38-7 of the Official Code of Georgia Annotated, relating to licensing of armed employees of private detective and private security businesses, qualifications, continuing education, fingerprints, license card, and suspension, so as to authorize persons having completed Georgia Peace Officer Standards and Training to serve as a private guard, watchman, or patrolman while awaiting licensure approval; to provide such certification to serve as evidence of citizenship; to exempt such person from submission of fingerprints upon application; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 43-38-7 of the Official Code of Georgia Annotated, relating to licensing of armed employees of private detective and private security businesses, qualifications, continuing education, fingerprints, license card, and suspension, is amended by revising subsections (b) through (e) as follows:
"(b)(1) Except as provided in paragraph (2) of this subsection, within 180 days of completing board mandated prelicensure training, potential licensees shall make application to be licensed with the board.
(2)(A) Any guard, watchman, or patrolman who will be unarmed and who will be employed in the private security business shall not be required to be licensed by the board but shall be governed by Code Section 43-38-7.1. (B) Any potential licensee currently certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' shall be authorized to serve as a guard, watchman, or patrolman provided that an application to be licensed by the board pursuant to this Code section is submitted no later than 60 days from the start of employment. (c)(1) Except as otherwise provided in subparagraph (b)(2)(A) of this Code section, upon being satisfied of the applicant's character, competency, and eligibility for licensure, the board may license such applicant if he or she:

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(A) Is at least 18 years of age; (B) Is a citizen of the United States or a registered resident alien; (C) Is of good moral character; (D) Has not been convicted of a felony or any crime involving the illegal use, carrying, or possession of a dangerous weapon or any crime involving moral turpitude; provided, however, that, if the applicant has been convicted of such crime, or has entered a plea of nolo contendere to such crime, or has entered a plea pursuant to Article 3 of Chapter 8 of Title 42 or otherwise been granted first offender treatment, the board may inquire into the nature of the crime, the date of conviction or plea, and other underlying facts and circumstances surrounding such criminal proceedings and, in its discretion, may allow the applicant to be licensed; (E) Has not committed an act constituting dishonesty or fraud; and (F) Meets such other qualifications as the board may prescribe by rule. (2) The board shall accept certification by the Georgia Peace Officer Standards and Training Council as having successfully completed the course training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' as evidence that subparagraph (B) of paragraph (1) of this subsection has been satisfied. (3) The board shall be authorized to require continuing education as a condition of renewal for all persons required to be licensed or registered with the board under this chapter. The board shall be authorized to promulgate rules and regulations addressing the requirement for continuing education and circumstances for which a waiver of this requirement may be granted. (d) The license application shall be made under oath and on a form to be furnished by the division director. The application shall state the applicant's full name, age, and date and place of birth; residences and employment within the past five years; experience in the position applied for or held; the date and place of conviction or arrest for any crime, including the entry of a plea of nolo contendere or the entry of a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other first offender treatment; and such other information as the board may require. The license application shall be accompanied by two sets of fingerprints of the applicant, except for those applicants who are currently certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and one photograph of the applicant, two inches wide by three inches high, full face, and taken within six months prior to the application. The board shall have discretion to deny a license to any individual when the information and supporting documentation required by this subsection are not provided. (e) Any applicant currently certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' shall be authorized to serve as a guard, watchman, or patrolman during any period of time awaiting a decision of the board to grant or deny a license pursuant to this Code section. Upon granting a license

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pursuant to this Code section, the board shall so notify the licensee. An employer shall notify the board within 30 days of the hiring or termination of employment of any employee licensed under this Code section."

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

Approved May 3, 2021.

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EDUCATION MOTOR VEHICLES AND TRAFFIC STUDENT TRANSPORTATION; TO AUTHORIZE LOCAL BOARDS OF EDUCATION TO USE VEHICLES OTHER THAN SCHOOL BUSES FOR TRANSPORT OF STUDENTS TO AND FROM SCHOOL RELATED ACTIVITIES.

No. 155 (Senate Bill No. 159).

AN ACT

To amend Chapter 2 of Title 20 and Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to elementary and secondary education and identification and regulation of motor vehicles, respectively, so as to revise a provision relating to student transportation; to authorize local boards of education to use vehicles other than school buses for the transport of students to and from school related activities; to provide for minimum requirements; to provide for insurance; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Code Section 20-2-188, relating to student transportation, by revising subsection (e) as follows:
"(e) The State Board of Education shall establish and require adherence to minimum specifications for vehicles used or contracted to be used by local units of administration for transporting students, including a motor vehicle with a capacity of eight persons or less operated and marked for the transportation of school children to and from school and school related activities, taking into account the factors and circumstances set forth in

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subsection (a) of this Code section, and shall establish and require adherence to minimum standards and requirements respecting maintenance, repair, inspection, and use of such vehicles and minimum qualifications for the drivers of such vehicles. The state board shall require, monitor, and fund a program of safety instruction in the practices of safe riding and emergency bus evacuation drills for both school bus drivers and students riding school buses."

SECTION 2. Said chapter is further amended in Part 1 of Article 22, relating to the powers of state and local school officials with respect to school buses, by adding a new Code section to read as follows:
"20-2-1076. (a) Local boards of education may authorize the use of vehicles other than school buses for the transport of students who are documented in an Individualized Education Program as recipients of special education services or as currently lacking, or during the previous academic year lacked, a fixed, regular, and adequate nighttime residence as described under the McKinney-Vento Homeless Assistance Act, 42 U.S.C. Section 11301, et seq., to and from school and school related activities, where appropriate. Such vehicles may include motor vehicles with a capacity of eight persons or less operated and marked for the transportation of school children to and from school and school related activities. (b) Local boards shall comply with all requirements established by the State Board of Education pursuant to Code Section 20-2-188, including minimum standards and requirements, which shall be delineated separately from requirements for school buses; for maintenance, repair, inspection, and use of such vehicles; minimum qualifications for the drivers of such vehicles; and other requirements as deemed necessary by the State Board of Education. Local boards may establish requirements in addition to such minimum state requirements, in the discretion of the local board. (c) Local boards are authorized and required to cause policies of insurance to be issued insuring the students being transported to and from school related activities against bodily injury or death at any time resulting from an accident or collision in which such vehicles are involved. The amount of such insurance shall be within the discretion of each local board of education."

SECTION 3. Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to identification and regulation of motor vehicles, is amended in Code Section 40-1-1, relating to definitions, by revising paragraph (55) as follows:
"(55) 'School bus' means: (A) A motor vehicle operated for the transportation of school children to and from school or school activities or for the transportation of children to and from church or church activities. Such term shall not include a motor vehicle with a capacity of 15

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persons or less operated for the transportation of school children to and from school activities or for the transportation of children to and from church or church activities if such motor vehicle is not being used for the transportation of school children to and from school or any vehicle used for the transport of students to and from school and school related activities pursuant to Code Section 20-2-1076; or (B) A motor vehicle operated by a local transit system which meets the equipment and identification requirements of Code Section 40-8-115; provided, however, that such vehicle shall be a school bus only while transporting school children and no other passengers to or from school."

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

Approved May 4, 2021.

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EDUCATION ALTERNATIVE CHARTER SCHOOLS; PROVIDE FOR ALTERNATIVE EDUCATION PROGRAM.

No. 156 (Senate Bill No. 153).

AN ACT

To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for alternative charter schools; to provide for system-collaborative state charter schools to transition from operating under state charters to operating as state chartered special schools by July 1, 2021, or as alternative charter schools; to provide for definitions; to provide for designation; to provide for data collection; to provide for eligibility criteria, requirements, and procedures; to provide for enrollment; to provide for funding; to prohibit approval, renewal, or extension of certain state charter school petitions; to prohibit expansion, extension, renewal, or replication of former system-collaborative state charter schools, subject to certain exceptions; to provide for additional prohibitions on simultaneous service; to provide for legislative intent; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. It is the intent of the General Assembly to study alternative education models and funding including those focused on dropout prevention, high school credit recovery, and service of

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adult and incarcerated students. Such study of alternative education models and funding shall include alternative charter schools and state support of such schools. Such study shall occur during 2021 and 2022 and shall conclude with a recommendation to the General Assembly regarding alternative education models and funding.

SECTION 2. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising subsection (l) of Code Section 20-2-154.1, relating to alternative education programs under the "Quality Basic Education Act," intent, description, and funding, and by adding a new subsection to read as follows:
"(l)(1) As used in this subsection, the term: (A) 'Alternative charter school' means a local charter school authorized by one or more local school systems, as provided for in Article 31 of this chapter, which provides an alternative education program, as provided for in this Code section, and which provides programs and services focused on dropout recovery or high school credit recovery. (B) 'Charter petitioner' means one or more private individuals, private organizations, state or local public entities, or adult learning providers, or any group of these working in cooperation, that submits or initiates a petition to establish an alternative charter school as a local charter school pursuant to Article 31 of this chapter. (C) 'System-collaborative state charter school' means a charter school authorized by the State Charter Schools Commission that provides programs and services for dropout recovery or high school credit recovery and is governed by a board of directors which may include personnel of the local board or boards of education from the geographic region which the charter school serves. (2)(A) The State Board of Education and the Department of Education, in consultation with authorizing local school system or systems, shall establish a process to designate alternative charter schools. Any designation process established pursuant to this subparagraph shall, in addition to meeting the requirements provided for in Code Section 20-2-2063, shall require the charter petitioner to demonstrate how the proposed alternative charter school will increase graduation opportunities for traditional high school students, decrease dropout rates in local school systems, and provide high school credit recovery opportunities. (B)(i) Not later than July 1, 2021, each system-collaborative charter school that has not transitioned to become an alternative charter school shall operate as a state chartered special school, as defined in Code Section 20-2-2062, authorized directly by the State Board of Education. (ii) The State Board of Education, in consultation with the State Charter Schools Commission and system-collaborative state charter schools, shall provide for the transfer and designation of existing system-collaborative state charter schools to state chartered special schools by July 1, 2021, except for those schools which have transitioned to become an alternative charter school pursuant to this subsection.

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(iii) For the duration of its current charter contract, each school that transitions from operating as a system-collaborative state charter school to operating as a state chartered special school as provided for in division (i) of this subparagraph shall be eligible to receive funding directly from the State Board of Education in an amount equal to the amount such school would have received pursuant to Code Section 20-2-2089 had such school continued to operate as a system-collaborative state charter school, except as provided for in division (iii) of subparagraph (C) of this paragraph; provided, however, that such funding eligibility shall be calculated pro rata based upon when such school commences operating as a state chartered special school as determined by the State Board of Education. Such funding shall not increase in subsequent fiscal years. A system-collaborative state charter school that does not transition to operating as a state chartered special school by July 1, 2021, shall not be eligible for funding available to state charter schools pursuant to Code Section 20-2-2089 after June 30, 2021. (iv) The State Board of Education shall be authorized to approve an attendance zone for each state chartered special school provided for in this subparagraph that includes one or more local school systems, or any portion thereof, or a state-wide attendance zone. (v) The Department of Education shall provide administrative and technical support and shall be authorized to allocate funds, including state funds, federal funds, proceeds of general obligation debt, or any other available funds, for any school that transitions from operating as a system-collaborative state charter school to operating as a state chartered special school, as provided for in division (i) of this subparagraph, for purposes directly related to such transition to and operation as a state chartered special school for the duration of such school's current charter contract. The Department of Education may withhold up to 2 percent of the amount determined pursuant to division (iii) of this subparagraph for each school that transitions from operating as a system-collaborative state charter school to operating as a state chartered special school, as provided for in division (i) of this subparagraph, for use in administering the duties required pursuant to this subsection; provided, however, that any amount withheld pursuant to this subdivision shall be spent solely on expenses incurred by the Department of Education in performing the duties required by this subsection. (C)(i) The State Board of Education, in consultation with the authorizing local school system or systems, the State Charter Schools Commission, and system-collaborative state charter schools, shall provide for the transfer and designation of existing system-collaborative state charter schools to alternative charter schools not later than the conclusion of each such school's current charter contract. (ii) Regardless of whether it is operating as a state chartered special school pursuant to Article 31 of this chapter or a state charter school pursuant to Article 31A of this

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chapter, each system-collaborative state charter school shall be eligible to petition one or more local school systems to become an alternative charter school. (iii) The State Board of Education shall not provide for the expansion, extension, renewal, or replication of former system-collaborative state charter schools as state chartered special schools; provided, however, that such schools may increase student enrollment by no more than 3 percent each school year and add no more than one school site each school year; provided, further, that any school site opened after July 1, 2021, shall be located within the same regional educational service agency service area where the former system-collaborative state charter school's headquarters were located on January 1, 2021. School sites opened by a former system-collaborative state charter school after July 1, 2021, pursuant to this division shall not be included in the calculation of such former system-collaborative state charter school's funding provided for in division (iii) of subparagraph (B) of this paragraph; provided, however, that such school sites shall be eligible to receive QBE formula earnings, as that term is defined in Code Section 20-2-2062. (iv) Notwithstanding any provision of the law to the contrary, effective July 1, 2021, no system-collaborative state charter school shall be eligible for the extension or renewal of its charter with the State Charter Schools Commission. (3) The Department of Education, in collaboration with the Office of Student Achievement, shall be responsible for collecting and analyzing appropriate data from and about alternative charter schools on matters consisting of, but not limited to, alternative charter school effectiveness. (4) Pursuant to an intragovernmental agreement between a student's resident local school system and the local school system or systems which authorized the alternative charter school, alternative charter schools shall be authorized to enroll students from local school systems other than the local school system or systems which authorized the alternative charter school; provided, however, that students who reside in the authorizing local school system or systems of the alternative charter school shall be prioritized over students who reside outside of such system or systems. (m) The State Board of Education shall adopt rules necessary to administer the provisions of this Code section. Academically, the mission of alternative education programs shall be to enable students to perform at grade level. Annually, the Office of Student Achievement shall define for alternative education programs acceptable performance and performance indicating a need for peer review, based principally on standards defined by the Office of Student Achievement that measure the academic progress of students toward performing at grade level while attending an alternative education program."

SECTION 3. Said chapter is further amended in Article 31, relating to the Charter Schools Act of 1998, by adding a new subsection to Code Section 20-2-2068.1, relating to charter school funding, to read as follows:

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"(j) Alternative charter schools, as provided for in subsection (l) of Code Section 20-2-154.1, shall be funded pursuant to this Code section, subject to appropriations by the General Assembly, and such schools shall be treated consistently with all other public schools in this state, pursuant to the respective statutory funding formulas and grants."

SECTION 4. Said chapter is further amended in Article 31A, relating to state charter schools, by adding a new paragraph to subsection (c) and by revising paragraph (2) of subsection (e) of Code Section 20-2-2084, relating to petition for charter schools, requirements of school, governing board membership, annual training, and simultaneous service prohibited, to read as follows:
"(4) The commission shall not approve, renew, or extend a state charter school petition for any school with one or more employees, officers, or governing board members who are also an officer, member, or executive-level employee of a local board of education or an employee of a local school system from the geographic region which the state charter school serves. As used in this paragraph, the term 'executive-level employee' means an employee serving as superintendent, deputy, assistant, or associate superintendent, chief financial officer, chief operations officer, or any other similar position which includes substantial decision-making authority on behalf of the local school system." "(2) No member of the governing board of the state charter school shall:
(A) Act in his or her official capacity in any matter where he or she, his or her immediate family member, or a business organization in which he or she has an interest has a material financial interest that would reasonably be expected to impair his or her objectivity or independence of judgment; (B) Solicit or accept or knowingly allow his or her immediate family member or a business organization in which he or she has an interest to solicit or accept any gift, favor, loan, political contribution, service, promise of future employment, or other thing of value based upon an understanding that the gift, favor, loan, contribution, service, promise, or other thing of value was given or offered for the purpose of influencing that board member in the discharge of his or her duties as a board member; (C) Use, or knowingly allow to be used, his or her position or any information not generally available to the members of the public which he or she receives or acquires in the course of and by reason of his or her position for the purpose of securing financial gain for himself or herself, his or her immediate family member, or any business organization with which he or she is associated; (D) Be an officer or serve on the board of directors of any organization that sells goods or services to that state charter school; or (E) Be an officer, member, or employee of a local board of education or an employee of a local school system.

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As used in this paragraph, the term 'immediate family member' means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent."

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

Approved May 4, 2021.

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EDUCATION REVENUE AND TAXATION GEORGIA FOUNDATION FOR PUBLIC EDUCATION; NONPROFIT CORPORATION AUTHORIZED TO RECEIVE PRIVATE DONATIONS TO BE USED FOR GRANTS TO PUBLIC SCHOOLS; PUBLIC EDUCATION INNOVATION FUND FOUNDATION; DISSOLUTION.

No. 157 (Senate Bill No. 66).

AN ACT

To amend Title 20 and Title 48 of the Official Code of Georgia Annotated, relating to education and revenue and taxation, respectively, so as to authorize a nonprofit corporation incorporated by the Georgia Foundation for Public Education to receive private donations to be used for grants to public schools; to provide for the expiration of the Public Education Innovation Fund Foundation's authority to promote public-private partnerships and to receive private donations to be used for grants to public schools; to provide for grant criteria; to provide for the dissolution of the Public Education Innovation Fund Foundation; to revise definitions; to provide for an income tax credit for qualified education donations; to provide for conditions and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Article 1 of Chapter 2, relating to the State Board of Education, by revising Code Section 20-2-14.1, relating to the Georgia Foundation for Public Education, authorization to accept transfers of certain property held in trust by State Board of Education, authorization for nonprofit corporation, and annual report, as follows:

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"20-2-14.1. (a) There is established the Georgia Foundation for Public Education existing as a public corporation and instrumentality of the state, exclusively limited to the following charitable and public purposes and powers:
(1) To solicit and accept contributions of money and in-kind contributions of services and property for the purpose of supporting educational excellence in Georgia; (2) To solicit and accept contributions of money and in-kind contributions of services and property for the purpose of supporting educational excellence at Georgia Academy for the Blind, Georgia School for the Deaf, and Atlanta Area School for the Deaf; (3) To accept transfer of any donation, gift, devise, or bequest of real, personal, or mixed property of any kind and character held in trust by the State Board of Education to manage and otherwise administer. This paragraph shall apply to any donation, gift, devise, or bequest of real, personal, or mixed property of any kind and character held in trust by the state board pursuant to Article VIII, Section II, Paragraph I(c) of the Georgia Constitution, subsection (a) of Code Section 20-2-14, or Code Section 20-2-18; (4) To sell and dispose of contributed property and securities in accordance with the prudent person rule; (5) To make and disburse contributions to the department and others for such purposes; (6) To contract and be contracted with for purposes of the foundation; and (7) To seek recognition of tax exempt status by the United States Internal Revenue Service and to seek confirmation concerning the deductibility of contributions. (b) The Georgia Foundation for Public Education shall be attached to the department for administrative purposes. The Attorney General shall be the attorney for the foundation. The State School Superintendent may solicit and accept contributions from the foundation. The department may cooperate and contract with the foundation for their mutual benefit and authorize others to do so. Upon any dissolution of the foundation, its assets shall devolve in trust to the State Board of Education or its successor for use only for the benefit of the department, the schools listed in paragraph (2) of subsection (a) of this Code section, and schools that meet the criteria provided in subparagraph (g.1)(1) of this Code section. (c) The incorporation of the foundation and the execution of its corporate purposes shall be in all respects for the benefit of the people of this state and constitute a public and charitable purpose. Further, the foundation performs an essential governmental function in the exercise of the powers conferred upon it by this Code section. Accordingly, the foundation shall not be subject to taxation or assessment in any manner, including without limitation taxation or assessment upon any transaction, income, money, or other property or activity. The exemptions granted by this Code section shall not be extended to any private person or entity. (d)(1) The foundation shall be governed by a board of directors composed of at least five members as determined by the State School Superintendent. Members of the board of directors shall be appointed by either the State School Superintendent or the State Board of Education. For every three board members appointed by the State School

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Superintendent, the State Board of Education may appoint two board members. At least two members of the board of directors appointed by the State Board of Education shall represent the interests of students who are blind or deaf. The chairperson of the Budget and Finance Committee of the State Board of Education, or such committee's successor, shall be an ex officio member of the foundation board of directors. The foundation board of directors shall draft and adopt governance bylaws, subject to approval by the State School Superintendent. (2) The foundation shall have complete discretion to invest any and all assets as it sees fit in accordance with the prudent person rule, and at no time shall the assets of the foundation be considered assets of the state. (3) The foundation shall not be subject to state purchasing laws, as contained in Article 3 of Chapter 5 of Title 50 or in other provisions of this Code, or required to dispose of property in accordance with Article 4 of Chapter 5 of Title 50. (4) The foundation shall be authorized to purchase insurance as provided by Code Section 50-5-16. (5) The foundation shall have the authority to roll over any unused funds into the next fiscal year. (e) The foundation's operations shall not be subject to Article 1 of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (f) The foundation shall be deemed to be a charitable organization for purposes of voluntary contributions from state employees pursuant to Article 3 of Chapter 20 of Title 45. (g)(1) The foundation shall have the power and authority to incorporate a nonprofit corporation that could qualify as a public foundation under Section 501(c)(3) of the Internal Revenue Code to aid the foundation in carrying out any of its powers and in accomplishing any of its purposes. Any nonprofit corporation incorporated pursuant to this power shall be incorporated pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filing. (2) Any nonprofit corporation incorporated pursuant to this Code section shall be subject to the following provisions:
(A) In accordance with the Constitution of Georgia, no governmental functions or regulatory powers shall be conducted by any such nonprofit corporation; (B) Upon dissolution of any such nonprofit corporation incorporated by the foundation, any assets shall revert to the foundation or to any successor to the foundation or, failing such succession, to the State of Georgia; (C) As used in this paragraph, the term 'direct employee costs' means salary, benefits, and travel expenses. To avoid the appearance of undue influence on regulatory functions by donors, no more than a combined total of 10 percent of donations to any such nonprofit corporation from private sources, or from taxpayers pursuant to Code Section 48-7-29.21, shall be used for direct employee costs of the foundation;

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(D) Any such nonprofit corporation shall be subject to all laws relating to open meetings and the inspection of public records; (E) The foundation shall not be liable for the action or omission to act of any such nonprofit corporation; (F) No debts, bonds, notes, or other obligations incurred by any such nonprofit corporation shall constitute an indebtedness or obligation of the State of Georgia nor shall any act of any such nonprofit corporation constitute or result in the creation of an indebtedness of the state. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state nor to enforce the payment thereof against the state; and (G) Any nonprofit corporation incorporated pursuant to this Code section shall not acquire or hold a fee simple interest in real property by any method, including but not limited to gift, purchase, condemnation, devise, court order, and exchange. (g.1)(1) Effective January 1, 2022, a nonprofit corporation incorporated by the foundation pursuant to this Code section shall be authorized to receive donations from taxpayers pursuant to Code Section 48-7-29.21 for the purpose of awarding grants to public schools for the implementation of academic and organizational innovations to improve student achievement, with priority given to schools that have performed in the lowest 5 percent of schools in this state identified in accordance with the state-wide accountability system established in the state plan pursuant to the federal Every Student Succeeds Act, and for the dissemination of information regarding successful innovations to other public schools in this state. Funds received by the nonprofit corporation for such purpose may be awarded through a competitive grant process administered by the foundation. The criteria for awarding such grants shall include the potential to which the innovation is likely to result in the proposed improvement, the potential for widespread adoption of such innovation by other public schools in the state, the quality of the proposed project design, the reasonableness of the costs involved in conducting the project, and such other criteria which the foundation may deem appropriate and necessary. The General Assembly may appropriate funds for purposes of this nonprofit corporation beginning in Fiscal Year 2022. (2) Such nonprofit corporation shall report to the Department of Revenue, on a form provided by the Department of Revenue, by January 12 of each tax year the following: (A) The total number and dollar value of donations and tax credits approved. Individual contributions shall include contributions made by those filing income tax returns as a single individual or head of household and those filing joint returns; (B) The total number and dollar value of corporate donations and tax credits approved; (C) The total number and dollar value of grants awarded to public schools; and (D) A list of donors, including the dollar value of each donation and the dollar value of each approved tax credit. The Department of Revenue shall post on its website the information received pursuant to subparagraphs (A) through (C) of this paragraph.

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(3) Except for the information reported pursuant to subparagraphs (A) through (C) of paragraph (2) of this subsection, all information or reports provided by this nonprofit corporation to the Department of Revenue shall be confidential taxpayer information, governed by Code Sections 48-2-15, 48-7-60, and 48-7-61, whether it relates to the donor or the nonprofit corporation. (h)(1) Members of the board of directors of the foundation may also serve on the board of any nonprofit corporation incorporated pursuant to this Code section without regard to the prohibition set forth in Code Section 45-10-23 or any other similar prohibition. (2) Members and former members of the board of directors for the Public Education Innovation Fund Foundation, incorporated pursuant to Code Section 20-14-26.1, may be considered by the foundation for membership on the board of directors of the nonprofit corporation provided for in subsection (g.1) of this Code section. (i) Any nonprofit corporation incorporated pursuant to this Code section shall make and provide an annual report that shall, except as otherwise provided in subsection (g.1) of this Code section, show the identity of all donors and the amount each person or entity donated as well as all expenditures or other disposal of money or property donated. A copy of such annual report shall be provided to the Governor, the Lieutenant Governor, and the chairpersons of the House Committee on Education and the Senate Education and Youth Committee."

SECTION 2. Said title is further amended in Part 2 of Article 2 of Chapter 14, relating to the Office of Student Achievement, by revising Code Section 20-14-26.1, relating to authority to incorporate nonprofit corporation as public foundation, requirements, Public Education Innovation Fund Foundation, and reporting, as effective until December 31, 2023, as follows:
"(a) The office shall have the power and authority to incorporate a nonprofit corporation that could qualify as a public foundation under Section 501(c)(3) of the Internal Revenue Code to aid the office in carrying out any of its powers and in accomplishing any of its purposes. Any nonprofit corporation incorporated pursuant to this power shall be incorporated pursuant to Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filing. (b) Any nonprofit corporation incorporated pursuant to this Code section shall be subject to the following provisions:
(1) In accordance with the Constitution of Georgia, no governmental functions or regulatory powers shall be conducted by any such nonprofit corporation; (2) Except as provided in paragraph (3) of subsection (b.1) of this Code section, upon dissolution of any such nonprofit corporation incorporated by the office, any assets shall revert to the office or to any successor to the office or, failing such succession, to the State of Georgia; (3) As used in this paragraph, the term 'direct employee costs' means salary, benefits, and travel expenses. To avoid the appearance of undue influence on regulatory functions by

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

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(i) The total number and dollar value of donations and tax credits approved. Individual contributions shall include contributions made by those filing income tax returns as a single individual or head of household and those filing joint returns; (ii) The total number and dollar value of corporate donations and tax credits approved; (iii) The total number and dollar value of grants awarded to public schools; and (iv) A list of donors, including the dollar value of each donation and the dollar value of each approved tax credit. The Department of Revenue shall post on its website the information received pursuant to divisions (i) through (iii) of this subparagraph. (C) Except for the information reported pursuant to divisions (i) through (iii) of subparagraph (B) of this paragraph, all information or reports provided by the foundation to the Department of Revenue shall be confidential taxpayer information, governed by Code Sections 48-2-15, 48-7-60, and 48-7-61, whether it relates to the donor or the foundation. (3) The rights and authority granted in paragraph (1) and subparagraph (A) of paragraph (2) of this subsection shall expire at 12:00 Midnight on December 31, 2021. (4) The office shall take appropriate lawful steps to accomplish the dissolution of the foundation after December 31, 2021. Upon dissolution of the foundation, any assets derived from the receipt of taxpayer donations pursuant to subparagraph (A) of paragraph (2) of this subsection shall revert to the nonprofit corporation incorporated by the Georgia Foundation for Public Education as provided for in subsection (g.1) of Code Section 20-2-14.1, or, failing such succession, to the State of Georgia. (c) Any nonprofit corporation incorporated pursuant to this Code section shall make public and provide an annual report showing the identity of all donors and the amount each person or entity donated as well as all expenditures or other disposal of money or property donated, except as otherwise provided in paragraph (2) of subsection (b.1) of this Code section. Such report shall be provided to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons of the House Committee on Education and the Senate Education and Youth Committee. Any such nonprofit corporation shall also provide such persons with a copy of all corporate filings with the federal Internal Revenue Service."

SECTION 3. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subsections (a), (d), (f), and (g) of Code Section 48-7-29.21, relating to tax credits for qualified education donations, as follows:
"(a) As used in this Code section, the term: (1) 'Qualified education donation' means a donation made by a taxpayer to the nonprofit corporation incorporated by the Georgia Foundation for Public Education as provided for in subsection (g.1) of Code Section 20-2-14.1 or, prior to January 1, 2022, to the Public

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Education Innovation Fund Foundation incorporated pursuant to subsection (b.1) of Code Section 20-14-26.1 for the purpose of awarding grants to public schools in this state. (2) 'Recipient' means the nonprofit corporation incorporated by the Georgia Foundation for Public Education as provided for in subsection (g.1) of Code Section 20-2-14.1 or the Public Education Innovation Fund Foundation incorporated pursuant to subsection (b.1) of Code Section 20-14-26.1." "(d)(1) The tax credit shall not be allowed if the taxpayer designates the taxpayer's qualified education donation for the direct benefit of any particular school or program which the taxpayer's child or children attend. (2) In soliciting donations, the recipient shall not represent that, in exchange for donating to such recipient, the school a taxpayer's child or children attend shall receive a grant pursuant to subsection (g.1) of Code Section 20-2-14.1 or paragraph (2) of subsection (b.1) of Code Section 20-14-26.1." "(f)(1) In no event shall the aggregate amount of tax credits allowed under this Code section exceed $5 million per tax year. (2) The commissioner shall allow the tax credits on a first come, first served basis. (3) For the purposes of paragraph (1) of this subsection, the recipient shall notify a potential donor of the requirements of this Code section. Before making a donation to the recipient, the taxpayer shall electronically notify the department, in a manner specified by the department, of the total amount of donations that the taxpayer intends to make to the recipient. The commissioner shall preapprove or deny the requested amount within 30 days after receiving the request from the taxpayer and shall provide notice to the taxpayer and the recipient of such preapproval or denial which shall not require any signed release or notarized approval by the taxpayer. In order to receive a tax credit under this Code section, the taxpayer shall make the donation to the recipient within 60 days after receiving notice from the department that the requested amount was preapproved. If the taxpayer does not comply with this paragraph, the commissioner shall not include this preapproved donation amount when calculating the limit prescribed in paragraph (1) of this subsection. The department shall establish a web based donation approval process to implement this subsection. (4) Preapproval of donations by the commissioner shall be based solely on the availability of tax credits subject to the aggregate total limit established under paragraph (1) of this subsection. The department shall maintain an ongoing, current list on its website of the amount of tax credits available under this Code section. (g) In order for the taxpayer to claim a tax credit under this Code section, a confirmation of receipt of donation issued by the recipient shall be attached to the taxpayer's income tax return. However, in the event the taxpayer files an electronic return, such confirmation shall only be required to be electronically attached to the return if the Internal Revenue Service allows such attachments when the return is transmitted to the department. In the event the taxpayer files an electronic return and such confirmation is not attached because the Internal Revenue Service does not, at the time of such electronic filing, allow electronic

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attachments to the Georgia return, such confirmation shall be maintained by the taxpayer and made available upon request by the commissioner. The confirmation of receipt of donation shall contain the taxpayer's name, address, tax identification number, the amount of the donation, the date of the donation, and the amount of the credit."

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

Approved May 4, 2021.

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EDUCATION ELEMENTARY AND SECONDARY; PROHIBIT WAIVER OF EARLY INTERVENTION PROGRAM REQUIREMENTS IN LOCAL SCHOOL FLEXIBILITY CONTRACTS; PROVIDE ADDITIONAL QBE FUNDING; REVISES HEALTH INSURANCE PLAN REQUIREMENTS FOR CERTAIN TEACHERS AND EMPLOYEES.

No. 158 (Senate Bill No. 59).

AN ACT

To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to prohibit the waiver of the early intervention program requirements in local school system flexibility contracts; to provide for additional QBE funding for each full-time equivalent student within a local charter school; to provide for a maximum amount of such funding available to each local charter school; to provide for direct allocation of appropriated funds to local charter schools by the State Board of Education; to provide an additional opportunity for existing charter schools to elect to participate in a health insurance plan for teachers and employees; to provide that certain employees of state charter schools shall be included in the definition of "public school employee" for purposes of the health insurance plan for public school employees; to require that new and renewed charters for charter schools and charter systems shall be subject to early intervention program requirements; to provide for the allocation and distribution of federal funds by local school systems to local charter schools; to require local boards of education to provide local charter schools with educational facilities; to provide for multiple effective dates; to provide for related matters; to repeal conflicting laws; to revise a definition; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising Code Section 20-2-82, effective July 1, 2021, relating to contract terms for local school systems requesting flexibility, as follows:
"(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; the early intervention program provided for in Code Section 20-2-153; 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 2. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising Code Section 20-2-165.1, relating to charter system earnings for each full-time equivalent student and use of funds, as follows:
"20-2-165.1. In addition to the amounts earned by a charter system or a local charter school pursuant to subsection (b) of Code Section 20-2-161, a charter system or a local charter school shall earn 3.785 percent of the base amount established pursuant to subsection (a) of Code Section 20-2-161 for each full-time equivalent student in each school within the charter system or each full-time equivalent student within the local charter school; provided, however, that no individual charter system or local charter school shall receive more than $4.5 million in a fiscal year. The State Board of Education shall directly allocate the amount of appropriated funds calculated pursuant to this Code section to each local charter school. Funds appropriated pursuant to this Code section shall be used in accordance with recommendations of the school level governing body established by the charter or to

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advance student achievement goals and school level governance training objectives pursuant to the charter."

SECTION 3. Said chapter is further amended in Code Section 20-2-880, relating to definitions regarding health insurance plan for public school teachers, by revising paragraph (4) as follows:
"(4) 'Public school teacher,' 'teacher,' and 'employee' mean and include any person employed not less than half time in a professionally certificated capacity or position in the public school systems of this state. The terms also mean and include librarians and other personnel employed not less than 30 hours per week by regional and county libraries; personnel employed by the high school program of Georgia Military College; and 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. Such terms shall also mean and include 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 Article 31A of this chapter if such charter school elects to participate in the health insurance plan established pursuant to this subpart upon initial approval of its charter or, if such charter school is an existing charter school, upon renewal of its charter, upon notice by the health insurance plan provided in this part, or upon the expiration of its current health care plan. Such terms 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 4. Said chapter is further amended in Code Section 20-2-910, relating to definitions regarding health insurance plan for public school employees, by revising paragraph (3) as follows:
"(3) 'Public school employee' means an 'employee' as defined in paragraph (20) of Code Section 47-4-2. Such term also means and includes classroom aides, paraprofessionals, and noncertified administrative and clerical personnel. It is specifically provided, however, that such term shall not include any emergency or temporary employee or any other employee who works in a position otherwise covered by such term less than 60 percent of the time required to carry out the duties of such position. Such term also means and includes any person, other than an employee in a professionally certificated capacity or position, employed not less than half time and compensated in a charter school in this state established pursuant to either Article 31 or Article 31A of this chapter if such charter school elects to participate in the health insurance plan established

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pursuant to this subpart upon initial approval of its charter or, if such charter school is an existing charter school, upon renewal of its charter, upon notice by the health insurance plan provided in this part, or upon the expiration of its current health care plan. 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 5. Said chapter is further amended in Code Section 20-2-2065, relating to waiver of provisions of this title, requirements for operating, and control and management of schools under the Charter Schools Act of 1988, by revising paragraphs (13) and (14) of subsection (b) and adding a new paragraph to read as follows:
"(13) Subject to the provisions of Code Section 20-2-211.1 relating to fingerprint and criminal background checks; (14) Subject to the provisions of subsection (c) of Code Section 20-2-327 relating to individual graduation plans; and (15) Subject to the provisions of Code Section 20-2-153 relating to the early intervention program."

SECTION 6. Said chapter is further amended in Code Section 20-2-2068.1, relating to charter school funding, by revising subsection (c) as follows:
"(c) In addition to the earnings set out in subsection (b) of this Code section, local revenue shall be allocated to a local charter school on the same basis as for any local school in the local school system. In the case of a start-up charter school, local revenue earnings shall be calculated as follows:
(1) Determine the total amount of state and local five mill share funds earned by students enrolled in the local start-up charter school as calculated by the Quality Basic Education Formula pursuant to Part 4 of Article 6 of this chapter including any funds for psychologists and school social workers but excluding 5 percent of system-wide funds for central administration and excluding any categorical grants not applicable to the charter school; (2) Determine the total amount of state and local five mill share funds earned by all students in the public schools of the local school system, including any charter schools that receive local revenue, as calculated by the Quality Basic Education Formula but excluding categorical grants and other non-QBE formula grants; (3) Divide the amount obtained in paragraph (1) of this subsection by the amount obtained in paragraph (2) of this subsection; and (4) Multiply the quotient obtained in paragraph (3) of this subsection by the school system's local revenue.

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The product obtained in paragraph (4) of this subsection shall be the amount of local funds to be distributed to the local start-up charter school by the local board; provided, however, that nothing in this subsection shall preclude a charter petitioner and a local board of education from specifying in the charter a greater amount of local funds to be provided by the local board to the local start-up charter school if agreed upon by all parties to the charter. Local funds so earned shall be distributed to the local start-up charter school by the local board. Where feasible and where services are provided, funds for construction projects shall also be distributed to the local start-up charter school as earned. In all other fiscal matters, including applicable federal allotments, the local board shall treat the local start-up charter school no less favorably than other local schools located within the applicable school system and shall calculate and distribute the funding for the start-up charter school on the basis of its actual or projected enrollment in the current school year according to an enrollment counting procedure or projection method stipulated in the terms of the charter. The local school system shall distribute to each local charter school the proportionate amount of federal funds for which such local charter school is eligible under each federal program, including, but not limited to, funds earned pursuant to Title I, Title II, and Title III of the federal Elementary and Secondary Education Act and pursuant to the federal Individuals with Disabilities Education Act; provided, however, that a local charter school and a local board of education may mutually collaborate and agree upon specific ways for some or all of the charter school's proportionate amount of federal funds to be provided by the local school system through in-kind services, with the terms of such mutual agreement to be included in the charter. Local charter schools shall use any federal funds received pursuant to this subsection for the purposes of the federal program for which they were earned."

SECTION 7. Said chapter is further amended in Code Section 20-2-2068.2, relating to facilities grants for charter schools, purposes for which grants may be used, upkeep of charter school property, and availability of unused facilities, by revising subsection (h) as follows:
"(h)(1) As used in this subsection, the term 'unused facilities' means real property of a local board of education, including educational facilities, as defined in Code Section 20-2-260, which have not been used by the local board of education for the previous two years and which are not included in the local school system's five-year educational facilities plan. (2) Each local board of education shall make its unused facilities available to local charter schools. The terms of a local charter school's use of a facility owned by a local board of education shall be subject to negotiation between the local board and the local charter school and shall be memorialized as a separate agreement. A local charter school that is allowed to use such a facility under such an agreement shall not sell or dispose of any interest in such property without the written permission of the local board. A local charter school may not be charged a rental or leasing fee for the existing facility or for

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property normally used by the public school which became the local charter school. A local charter school that receives property from a local board may not sell or dispose of such property without the written permission of the local board. (3) Prior to denying the use by a local charter school of an unused facility, the local charter school shall have the right to a hearing before the local board of education in accordance with Code Section 20-2-1160, including the right to appeal an adverse local board decision."

SECTION 8. (a) This Act shall become effective on July 1, 2021, except as otherwise provided in subsection (b) of this section. (b) Code Section 20-2-165.1, as amended by this Act, shall become effective on July 1, 2022.

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

Approved May 4, 2021.

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EDUCATION TEACHER OF THE YEAR; EX OFFICIO ADVISOR TO STATE BOARD OF EDUCATION; TEACHER CERTIFICATION STANDARDS; TEACHER EVALUATIONS AND MENTORING; TEACHER EDUCATION PROGRAMS; REQUIREMENTS.

No. 159 (Senate Bill No. 88).

AN ACT

To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that the Georgia Teacher of the Year shall be invited to serve as an advisor ex officio to the State Board of Education and to provide for reimbursement of actual cost for attending such meeting or hearing; to provide for a nontraditional teacher certification program for members and veterans of the United States armed forces; to provide for up to three years of creditable service for previous military service for certain teachers; to require local school systems participating in a tiered evaluation system to use the time saved due to reduced evaluations for evaluators to coach and mentor certain teachers; to provide for the Professional Standards Commission to require that teacher education programs include mandatory coursework in differentiated instruction and reading fundamentals; to provide for the Professional Standards Commission to promote

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increased student enrollment in and completion of teacher education programs offered at historically black colleges and universities in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising Code Section 20-2-212.1, relating to increase in state salary of person selected as Georgia Teacher of the Year, as follows:
"20-2-212.1. Any person who has been selected as Georgia Teacher of the Year, as determined by the State Board of Education, shall:
(1) Be moved up one salary step on the state salary schedule or receive an equivalent percentage rate increase in state salary to become effective on and after the beginning of the next school year in which the person is employed in the public schools of this state. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is otherwise eligible. This Code section shall not be construed to require or prohibit any increase in the local supplement payable to such teacher; and (2) Be invited by the State Board of Education to serve as an advisor ex officio at a meeting held pursuant to Code Section 20-2-5 or a public hearing held pursuant to Code Section 20-2-5.1, for which he or she shall be entitled to receive the sum provided for by Code Section 45-7-21 for actual expenses incurred in connection with attendance at such meeting or hearing of the State Board of Education and actual costs of transportation to and from the place of such meeting or hearing."

SECTION 2. Said chapter is further amended by revising subsections (d) and (e) of and adding a new subsection to Code Section 20-2-206, relating to alternative teacher certification program, to read as follows:
"(d)(1) Pursuant to this subsection, each local school system shall support nontraditional teacher certification programs approved by the Professional Standards Commission for a teacher candidate who:
(A) Is a veteran of the United States armed forces who was honorably discharged as evidenced by United States Department of Defense Form 214 or National Guard Bureau Form 22 or who is currently serving as a member of the United States armed forces in an active duty or reserve component; (B) Holds a bachelor's degree or higher, with a grade point average equal to or above a minimum established by the Professional Standards Commission, from a postsecondary educational institution approved by the Professional Standards

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Commission and accredited by a regional accrediting agency recognized by the United States Department of Education; provided, however, that the degree requirement shall not apply if the candidate seeks to teach in a specific career, technical, and agricultural education field for which the Professional Standards Commission does not require a degree; and (C) Attains a passing score on the Georgia educator ethics assessment portion of the Georgia Assessments for Certification of Educators (GACE). (2) Upon an offer of employment by a local school system, the individual who meets the requirements provided for in paragraph (1) of this subsection shall be eligible for a three-year military support provisional certificate to be issued in one-year increments by the Professional Standards Commission following a joint application by the employing school system and the individual. During this three-year period, the individual shall: (A) Receive high-quality professional development that is sustained, intensive, and classroom focused in order to have a positive and lasting impact on classroom instruction, before and while teaching; (B) During the first year, enroll in a nontraditional educator preparation program approved by the Professional Standards Commission that includes intensive supervision with structured guidance and regular ongoing support. Individuals enrolling in such nontraditional educator preparation program approved by the Professional Standards Commission shall receive priority enrollment; (C) During the first year, attain a passing score on the content assessment portion of the Georgia Assessments for Certification of Educators or other assessment approved by the Professional Standards Commission; (D) During the second year, attain a passing score on the program admission assessment portion of the Georgia Assessments for Certification of Educators or meets the exemption criteria for such assessment established by the Professional Standards Commission; (E) Assume functions as a teacher while completing a nontraditional educator preparation program for a period of time not to exceed three years; (F) Demonstrate satisfactory progress toward full certification as prescribed by the Professional Standards Commission; and (G) Successfully complete a nontraditional educator preparation program, after which the individual shall be eligible for an induction or professional certificate to be issued by the Professional Standards Commission. (e) A local school system shall not discriminate or treat differently in any manner a teacher possessing initial certification pursuant to this Code section, an applicant seeking initial certification pursuant to this Code section, or an individual meeting the requirement contained in subparagraph (b)(1)(A), paragraph (1) of subsection (c), or paragraph (1) of subsection (d) of this Code section and eligible for initial certification pursuant to this Code section, including, but not limited to, refusal to admit such teacher to a job fair or other teacher recruitment activity.

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(f) A teacher receiving initial certification pursuant to this Code section shall be treated in the same manner as certificated professional personnel for purposes of this chapter or any local board of education policy, including receiving salaries pursuant to the minimum salary schedule provided for in Code Section 20-2-212. A maximum of three years of creditable service shall be allowed for the previous military service of individuals who obtain a three-year military support provisional certificate pursuant to subsection (d) of this Code section."

SECTION 3. Said chapter is further amended by revising paragraph (5) of subsection (b) of Code Section 20-2-210, relating to annual performance evaluation, as follows:
"(5) All teachers of record, assistant principals, and principals shall have a pre-evaluation conference, midyear evaluation conference, and a summative evaluation conference, in accordance with state board rules. All teachers of record, assistant principals, and principals shall be notified of and have access to the results of the annual summative performance evaluation and any formative observations conducted throughout the school year pursuant to this subsection within ten working days of such evaluation or observations. A teacher of record, assistant principal, or principal, or an evaluator of any such individuals, may request a conference within ten working days of notice of results of a formative observation and such conference shall be provided within ten working days of the request. Conferences shall include the individual being evaluated, his or her supervisor, and the evaluator, unless otherwise agreed upon. For teachers of record, the annual evaluation shall include multiple classroom observations conducted each year by appropriately trained and credentialed evaluators, using clear, consistent observation rubrics, and supplemented by other measures aligned with student achievement and professional growth. A local school system or charter school may include in its flexibility contract, or other agreement with the State Board of Education for local school systems that are not under a flexibility contract, a provision for a tiered evaluation system, in which reduced observations of certain teachers of record may be conducted. For the evaluation of teachers of record with a minimum of three years' teaching experience and a performance rating of 'Proficient' or 'Exemplary' pursuant to paragraph (4) of this subsection in the previous school year, the local school system or charter school, in its discretion, shall require no less than two classroom observations and one summative evaluation for the school year. Each local school system participating in a tiered evaluation system shall apply the resources saved due to the reduced number of evaluations for evaluators to coach and mentor teachers with three years or less of experience and teachers with a performance rating of 'Needs Development' or 'Ineffective' pursuant to paragraph (4) of this subsection on a pathway of continuous improvement. Coaching and mentoring support for such teachers may include professional growth plans and remediation plans in evaluation systems if such elements are already required in the evaluation system used to rate the teacher's performance."

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SECTION 4. Said chapter is further amended by revising subsections (a) and (b) of Code Section 20-2-984, relating to the Professional Standards Commission's authority to create and implement standards and procedures for certifying educational personnel, recommending standards and procedures for certification, continuation of teaching certificates, and restrictions, as follows:
"(a) The commission shall create and implement standards and procedures for certifying educational personnel as qualified for a certificate to practice in the public schools of Georgia, including the following:
(1) Procedures for limiting the number and types of certificates to the fewest possible consistent with providing qualified teachers for Georgia's schools; (2) In-service training and related requirements needed to renew or maintain certification; (3) Multiple or alternative routes to professional teacher certification, including, but not limited to, the alternative and nontraditional teacher certification programs provided for in Code Section 20-2-206; and (4) Requirements, including appropriate examinations and assessments, for acquiring and maintaining certification pursuant to Code Section 20-2-200. (b) The commission shall recommend to the board of regents and private colleges and universities standards and procedures for preparing educational personnel to qualify for initial and renewable certification to practice in the public schools of Georgia, including the following: (1) Pre-service preparation; (2) Approval of teacher education programs, both graduate and undergraduate, which shall include, at a minimum, mandatory coursework in:
(A) Differentiated instruction, including the development and implementation of explicit curricula to effectively support and deliver differentiated instruction to students. As used in this subparagraph, the term 'differentiated instruction' means instruction that demonstrates a teacher's recognition of students as individuals in terms of their abilities, achievement, learning styles, and needs, including but not limited to at-risk students, English language learners, students with special needs, and gifted students, and that gives greater emphasis to individualization in teaching by making adjustments to curricula, materials, learning activities, and assessment techniques to ensure that all students in a mixed-ability classroom can have equal access to appropriate avenues for processing new information and developing skills; and (B) Instruction related to the development of fundamental reading skills, including phonemic awareness, phonics, fluency, vocabulary, and reading comprehension; (3) Approval of programs of alternative certification; and (4) The creation of innovative programs designed to increase the number of minority teachers entering the profession, including, but not limited to, programs designed to

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promote increased student enrollment in and completion of teacher education programs offered at historically black colleges and universities in this state."

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

Approved May 4, 2021.

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EDUCATION STATE GOVERNMENT GUARANTEED ENERGY SAVINGS CONTRACTS; ALLOW FOR PAYMENT BY LOCAL SCHOOL SYSTEMS USING PROCEEDS FROM CERTAIN LOCAL OPTION SALES TAXES; INCREASE VALUE PERCENTAGE THRESHOLD APPLICABLE TO CERTAIN IMPROVEMENTS.

No. 160 (Senate Bill No. 213).

AN ACT

To amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to provide for payment on guaranteed energy saving contracts by local school systems using proceeds from local option sales taxes collected for educational purposes; to provide for phased implementation of energy cost savings measures; to revise a definition; to amend Chapter 37 of Title 50 of the Official Code of Georgia Annotated, relating to guaranteed energy savings performance contracting, so as to revise definitions; to increase the value percentage threshold applicable to certain improvements; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, is amended by revising Code Section 20-2-506, relating to definitions and authority to enter into multiyear lease, purchase, or lease purchase contracts, as follows:
"20-2-506. (a) As used in this Code section, the term:
(1) 'Energy cost savings measure' means a facility alteration, a training program incidental to the contract, or an equipment purchase to be used in building a retrofit,

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addition, or renovation or in new construction which reduces energy or water consumption, wastewater production, or operating costs and includes, but is not limited to, any one of the following:
(A) Insulating the building structure or structures within the building, including caulking or weather-stripping; (B) Installing storm windows or doors, multiglazed windows or doors, heat absorbing or heat reflective glazed and coated window or door systems, or other window or door systems designed to reduce energy consumption; (C) Installing automated or computerized energy control systems; (D) Modifying or replacing heating, ventilating, or air-conditioning systems; (E) Replacing or modifying lighting fixtures to increase the energy efficiency of the lighting system; (F) Improving indoor air quality to conform to the applicable state or local building code requirements; (G) Installing energy recovery systems; (H) Installing cogeneration systems that produce steam or forms of energy such as heat and electricity for use primarily within a building or complex of buildings; (I) Life safety measures that provide long-term operating cost reductions and are in compliance with state and local codes, and building operation programs that reduce operating costs; and (J) Any other measure not otherwise defined in this Code section which is designed to reduce energy or water consumption, reduce wastewater production, avoid capital costs, or achieve similar efficiency gains by the county, independent, or area school system. (2) 'Guaranteed energy saving contract' means a contract for the implementation of one or more energy cost savings measures providing that all payments except obligations on termination of the contract before its expiration are to be made over time and the energy cost savings are guaranteed to the extent necessary to make payments for the contract. (b) Except as otherwise provided in this Code section, each county, independent, or area school system in this state shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, services, and supplies, provided that any such contract shall contain provisions for the following: (1) The contract shall terminate absolutely and without further obligation on the part of the school system at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed as provided in this Code section; (2) The contract may provide for automatic renewal unless positive action is taken by the school system to terminate such contract, and the nature of such action shall be determined by the school system and specified in the contract;

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(3) The contract shall state the total obligation of the school system for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed; (4) The total combined annual payments for contracts under this Code section and contracts of such school system under Article IX, Section III, Paragraph I of the Constitution in any calendar year, excluding guaranteed energy savings contracts, shall not exceed an amount equal to 7.5 percent of the total local revenue collected for maintenance and operation of the school system in the most recently completed fiscal year; provided, however, that the foregoing limitation shall not apply to contracts with other public educational entities, including school systems in this state, for the education of students; and (5) For each guaranteed energy savings contract, a school system shall document the historical energy cost of each structure affected for a period of at least one year prior to the date of the contract and shall document the monthly energy cost and monthly energy savings of each affected structure for the life of the contract. (c) In addition to the provisions enumerated in subsection (b) of this Code section, any contract authorized by this Code section may include: (1) A provision which requires that the contract will terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the school system under the contract; or (2) Any other provision reasonably necessary to protect the interests of the school system. (d) Any contract developed under this Code section containing the provisions enumerated in subsection (b) of this Code section shall be deemed to obligate the school system only for those sums payable during the calendar year of execution or, in the event of a renewal by the school system, for those sums payable in the individual calendar year renewal term. (e) No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the school system for the payment of any sum beyond the calendar year of execution or, in the event of a renewal, beyond the calendar year of such renewal. (f) Any such contract may provide for the payment by the school system of interest or the allocation of a portion of the contract payment to interest, provided that the contract is in compliance with this Code section. (g) When any local board of education on or after July 1, 1990, submits to the electors of its local school district the proposed issuance of any bonded debt and such proposal is defeated by the electors, that school system shall be prohibited for a period of four calendar years immediately following such election from entering into any multiyear contract for the lease, purchase, or lease purchase of any goods, materials, real or personal property, services, or supplies which are the same as or substantially similar to items which were proposed to be funded through such proposed issuance of bonded debt. (h) Nothing in this Code section shall restrict school systems from executing reasonable contracts arising out of their proprietary functions.

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(i) Each school system in this state is authorized to accept the title to property subject to a contract for lease purchase or installment purchase and is authorized to transfer title back to the vendor in the name of the school district in the event that the contract is not fully consummated. (j) Any contract developed under this Code section shall comply with the applicable provisions of the Official Code of Georgia Annotated, and regulations thereunder, relating to state allocated capital outlay funds and entitlements. (k) A county, independent, or area school system may use proceeds from local option sales taxes collected for educational purposes for payment on a contract developed in accordance with the provisions of this Code section; provided, however, that the scope of services included in such contract are permissible according to the referendum authorizing the collection of such taxes. (l) A county, independent, or area school system may enter into guaranteed energy savings performance contracts with each qualified energy savings provider selected in accordance with the provisions of this Code section. School systems may elect to implement the energy cost savings measure in one or more phases with the selected qualified energy services provider."

SECTION 2. Chapter 37 of Title 50 of the Official Code of Georgia Annotated, relating to guaranteed energy savings performance contracting, is amended in Code Section 50-37-2, relating to definitions, by revising paragraphs (4) and (6) as follows:
"(4) 'Energy conservation measure' means a program or facility alteration or technology upgrade designed to reduce energy, water, waste-water, or other consumption or operating costs to allow revenue generation measures. The term may include, without limitation:
(A) Insulation of the building structure or systems within the building; (B) Storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat absorbing or heat reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption; (C) Automated or computerized energy control systems; (D) Heating, ventilating, or air-conditioning system modifications or replacements; (E) Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to applicable state or local building codes for the lighting system after the proposed modifications are made; (F) Energy recovery ventilation systems; (G) A training program or facility alteration that reduces energy consumption or reduces operating costs, including allowable costs, based on future reductions in costs for contracted services;

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(H) A facility alteration which includes expenditures that are required to properly implement other energy conservation measures; (I) A program to reduce energy costs through rate adjustments, load shifting to reduce peak demand, or use of alternative suppliers as otherwise provided by law, such as, but not limited to:
(i) Changes to more favorable rate schedules; (ii) Negotiation of lower rates, where applicable; and (iii) Auditing of energy service billing and meters; (J) The installation of energy information and control systems that monitor consumption, redirect systems to optimal energy sources, and manage energy using equipment; (K) Indoor air quality improvements; (L) Daylighting systems; (M) Renewable generation systems owned by the governmental unit, such as solar photovoltaic, solar thermal, wind, and other technologies as identified in the project, provided that all metered distribution and deliveries of electric energy are made by an electric supplier authorized under Part 1 of Article 1 of Chapter 3 of Title 46, the 'Georgia Territorial Electric Service Act'; (N) Geothermal HVAC systems; (O) Water and sewer conservation measures, including, without limitation, plumbing fixtures and infrastructure; (P) Equipment upgrades that improve accuracy of billable revenue generating systems; and (Q) Automated, electronic, or remotely controlled systems or measures that reduce direct and other operating costs." "(6) 'Governmental unit' means any authority, board, bureau, commission, department, agency, or institution of state or local government, including, but not limited to, any state-aided institution, or any county, municipal corporation, or consolidated government which has the authority to contract for the construction, reconstruction, alteration, or repair of any public building or other public work."

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

Approved May 4, 2021.

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STATE GOVERNMENT CHANGE DEFINITION OF SMALL BUSINESS; PROVIDE FOR DATA SHARING; DEFINE INNOVATION, INNOVATIVE PRODUCT OR SERVICE, AND STARTUP.

No. 161 (House Bill No. 611).

AN ACT

To amend Part 3 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to small business assistance, so as to change the definition of small business; to provide for data sharing; to amend Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, so as to define innovation, innovative product or service, and startup; 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 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to small business assistance, is amended by revising paragraph (3) of Code Section 50-5-121, relating to definitions, as follows:
"(3) 'Small business' means a business which is independently owned and operated and: (A) Tier one: has ten or fewer employees or $1 million or less in gross receipts per year; (B) Tier two: has 100 or fewer employees or $10 million or less in gross receipts per year; or (C) Tier three: has 300 or fewer employees or $30 million or less in gross receipts per year."

SECTION 2. Said part is further amended in Code Section 50-5-122, relating to legislative intent, by adding a new subsection to read as follows:
"(c) Every state agency, office, board, bureau, commission, public corporation, institution, authority, or other entity of this state, including but not limited to the Department of Labor and the Department of Revenue, is authorized to provide data related to Georgia resident businesses and small businesses to the department, subject to any confidentiality requirements otherwise provided by law, to be utilized for the purpose of effectuating the legislative intent as set forth in this Code section."

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SECTION 3. Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Economic Development, is amended by adding a new Code section to read as follows:
"50-7-90. As used in this Code section, the term:
(1) 'Innovation' means the use or incorporation of a new idea, a new or emerging technology, or a new use of existing technology to address a problem, provide a benefit, or otherwise offer a product or service. (2) 'Innovative product or service' means a product or service that includes an innovation. (3) 'Startup' means an entity that:
(A) Once it is operational, intends to: (i) Offer an innovative product or service as its principal function; (ii) Be registered as a business entity in Georgia; and (iii) Have its principal place of business in Georgia; and
(B) Was created or developed by one or more individuals who have never owned, directly or indirectly, more than 25 percent of any business that has had more than $100,000.00 in gross receipts in a single year."

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

Approved May 4, 2021.

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REVENUE AND TAXATION FREEPORT EXEMPTION; FAIR MARKET VALUE DETERMINATION.

No. 162 (House Bill No. 451).

AN ACT

To amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to provide for the optional determination by a taxpayer of the fair market value applicable to inventory for which a level 1 freeport exemption is sought for certain taxable years; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, is amended by adding a new subsection to Code Section 48-5-48.1, relating to tangible personal property inventory exemption, application, failure to file application as waiver of exemption, denials, and notice of renewals, to read as follows:
"(f) Notwithstanding any other provision of law to the contrary, for a taxpayer that claimed an exemption for the 2020 taxable year for finished goods inventory described within paragraph (2) of subsection (c) of Code Section 48-5-48.2, the taxpayer shall have the option to determine the fair market value of eligible finished goods inventory for which such exemption is applicable and sought for the 2021 taxable year based on either the fair market value of applicable inventory as of January 1, 2020, or the fair market value of applicable inventory as of January 1, 2021."

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

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

Approved May 4, 2021.

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COMMERCE AND TRADE CRIMES AND OFFENSES "ORGANIZED RETAIL CRIME PREVENTION ACT"; SALE AND PURCHASE OF STORED VALUE CARDS; RECORD KEEPING AND REPORTING; SHOPLIFTING; ORGANIZED RETAIL THEFT.

No. 163 (House Bill No. 327).

AN ACT

To prevent organized retail crime; to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for definitions; to provide for certain record-keeping and reporting requirements for the sale and purchase of stored value cards; to provide for penalties for failure to comply; to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to define certain terms relating to retail property fencing, shoplifting, and refund fraud;

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to provide for the crime of organized retail theft; to provide for penalties for violations; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART ONE SECTION 1-1.

This Act shall be known and may be cited as the "Organized Retail Crime Prevention Act."

PART TWO SECTION 2-1.

Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by revising Article 12, which was previously reserved, as follows:

"ARTICLE 12

10-1-310. (a) As used in this article, the term:
(1) 'Corporate authorized reseller' means any person or entity authorized by the corporate issuer or a corporate issuer agent to sell the stored value cards of a corporate issuer. (2) 'Corporate issuer' means a company that issues or contracts with an affiliate or third party to issue stored value cards that may be used by the cardholder to purchase goods or services at the retail locations of the corporate issuer or its affiliates or online from the corporate issuer or its affiliates. (3) 'Corporate issuer agent' means a third party authorized by the corporate issuer to facilitate the sale of its stored value cards by corporate authorized resellers. (4) 'Stored value card' means any 'gift certificate' or 'store gift card,' as such terms are defined in subparagraph (b)(33)(B) of Code Section 10-1-393, issued with or without a fee for the use of the cardholder to obtain money, goods, services, or anything else of value. The term shall not include a 'general use gift card' as such term is defined in subparagraph (b)(33)(B) of Code Section 10-1-393, demand deposit account, share draft account, savings account, prepaid debit card, or any card sold by a financial institution or access device associated therewith. (5) 'Third party card' means a stored value card for which the merchant buying or selling the card is neither the corporate issuer, a corporate issuer agent, nor a corporate authorized reseller.

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(6) 'Third party card dealer' means a merchant in the business of buying and selling third party cards. (b) When a third party card dealer makes a sale or purchase of a stored value card, including any transaction that occurs in this state, such third party card dealer shall record the information provided for in subsection (c) of this Code section and maintain a copy of such record for at least three years. (c) Third party card dealers shall maintain a permanent record in which shall be entered in legible English at the time of each purchase of a third party card: (1) The date of the transaction; (2) The name of the person conducting the transaction; (3) The name, age, and address of the seller and the distinctive number from the customer's driver's license or other similar identification card; (4) An identification of the purchased stored value card, including the retailer for which the stored value card is intended and the stored value card number; (5) The amount of stored value on the stored value card; (6) The price paid; and (7) The signature of the customer. (d) Entries shall appear in ink or be logged into a secure data base, software system, or other technology platform and shall be in chronological order. No obliterations, alterations, or erasures may be made. If handwritten corrections are made, such corrections shall be made by drawing a line of ink through the entry without destroying its legibility. The permanent record shall be open to the inspection of any duly authorized law enforcement officer during the ordinary hours of business or at any reasonable time. (e) Any third party card dealer and any clerk, agent, or employee of such third party card dealer who knowingly: (1) Fails to make an entry of any material matter in his or her permanent record; (2) Makes any false entry therein; (3) Falsifies, obliterates, destroys, or removes from his or her place of business such permanent record; (4) Refuses to allow any duly authorized law enforcement officer who is certified by the Georgia Peace Officer Standards and Training Council, or who is a federal officer, to inspect his or her permanent record or any stored value cards in his or her possession during the ordinary hours of business or at any reasonable time; or (5) Fails to maintain a record of each stored value card transaction for at least three years shall be guilty of a misdemeanor. (f) Upon filing an official report to a law enforcement agency of competent jurisdiction by any person alleging to be a victim of theft of one or more stored value cards with an aggregate value exceeding $500.00, such law enforcement agency may request that the issuer or its agents preserve and provide to law enforcement all relevant evidence reasonably foreseeable to assist in future criminal actions in accordance with the laws of evidence in criminal proceedings."

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PART THREE SECTION 3-1.

Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft,
is amended by revising paragraph (1) of subsection (a) of Code Section 16-8-5.2, relating to retail property fencing, civil forfeiture, and related matters, as follows:
"(1) 'Retail property' means any article, product, commodity, item, or component intended to be sold in retail commerce."

SECTION 3-2. Said article is further amended by revising subparagraph (b)(1)(C) of Code Section 16-8-14, relating to theft by shoplifting, as follows:
"(C)(i) As used in this subparagraph, the term 'conviction' shall include a plea of nolo contendere. (ii) Upon conviction of a fourth or subsequent offense for shoplifting, when the prior convictions are either felonies or misdemeanors, or any combination of felonies and misdemeanors, as defined by this Code section, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years; and the first year of such sentence shall not be suspended, probated, deferred, or withheld; provided, however, that, in the court's discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory sentence."

SECTION 3-3. Said article is further amended by revising paragraph (3) of subsection (c) of Code Section 16-8-14.1, relating to refund fraud, as follows:
"(3)(A) As used in this paragraph, the term 'conviction' shall include a plea of nolo contendere. (B) Upon conviction of a fourth or subsequent offense for a violation of any provision of this Code section, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years; and the first year of such sentence shall not be suspended, probated, deferred, or withheld; provided, however, that, in the court's discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory sentence."

SECTION 3-4. Said article is further amended by adding a new Code section to read as follows:
"16-8-14.2. (a) A person commits the offense of organized retail theft when such person intentionally organizes, plans, finances, directs, manages, or supervises one or more other persons to

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appropriate property of a store or retail establishment to his or her own use without paying for such property or to deprive the owner of the property of the value thereof, in whole or in part, and when such property is taken from one or more stores or retail establishments over a period of 180 days with the intent to sell such property for monetary or other gain and when the aggregate value of the property which was the subject of the theft has a value exceeding $24,999.99 and is placed or is to be placed in the control of a retail property fence as defined in Code Section 16-8-5.2 or other person in exchange for consideration. (b) In all cases involving organized retail theft, the term 'value' means the actual retail price of the property at the time and place of the offense. The unaltered price tag or other marking on property, or duly identified photographs thereof, shall be prima-facie evidence of value and ownership of the property. (c) In any criminal proceeding pursuant to this Code section, the crime shall be considered to have been committed in any county in which an incident of organized retail theft occurred. (d) A person convicted of a violation of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than three nor more than 20 years, a fine not to exceed $50,000.00, or both."

PART FOUR SECTION 4-1.

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

Approved May 4, 2021.

__________

REVENUE AND TAXATION CERTAIN ELECTIONS TO BE MADE BY SUBCHAPTER "S" CORPORATIONS AND PARTNERSHIPS.

No. 164 (House Bill No. 149).

AN ACT

To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to allow for certain elections to be made by Subchapter "S" corporations and partnerships for the filing of tax returns and imposition of taxes; to provide for definitions; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by adding a new subparagraph to paragraph (7) of subsection (b) of Code Section 48-7-21, relating to taxation of corporations, to read as follows:
"(C)(i) A Subchapter 'S' corporation may annually make an irrevocable election, on its timely filed return under Code Section 48-7-51, to pay the tax levied by this chapter at the entity level for the taxable period covered by such return. Such election must be made on or before the due date for filing the applicable income tax return, including any extensions which have been granted. (ii) Notwithstanding the provisions of subparagraph (B) of this paragraph, an electing Subchapter 'S' corporation, with respect to a taxable period, shall pay an income tax equivalent to 5.75 percent of its net income as computed pursuant to Code Section 48-7-21, and allocated and apportioned pursuant to Code Section 48-7-31, for such taxable period, and such shareholders shall not recognize their respective share of the portion of income on which tax was actually paid pursuant to this subparagraph. (iii) No electing Subchapter 'S' corporation nor any of its shareholders shall be entitled to any credit under Code Section 48-7-28 with respect to such tax so paid or any deduction for such income under subsection (d) of Code Section 48-7-27; provided, however, such electing Subchapter 'S' corporation shall otherwise be eligible for credits provided by this chapter and shall be considered an 'other entity' for purposes of Code Sections 48-7-29.16, 48-7-29.20, and 48-7-29.21. (iv) The election under this subparagraph shall have no impact on the determination of the basis of the shareholders of an electing Subchapter 'S' corporation in such shareholders' stock and indebtedness of such electing Subchapter 'S' corporation, except that such shareholders' pro rata share of the tax paid or accrued by such electing Subchapter 'S' corporation pursuant to such election shall be taken into account in determining such basis. (v) In computing the net income that is subject to taxation, the electing Subchapter 'S' corporation shall not be allowed any deduction for taxes that are based on or measured by gross or net income or any other variant thereof. (vi) This subsection shall only apply to a Subchapter 'S' corporation that is 100 percent directly owned and controlled by persons eligible to be shareholders of an 'S' corporation under Section 1361 of the Internal Revenue Code of 1986, as amended. (vii) As used in this subparagraph, the term:
(I) 'Electing Subchapter 'S' corporation' means, with respect to a taxable period, a Subchapter 'S' corporation that has made the election under this subparagraph with respect to such taxable period.

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(II) 'Subchapter 'S' corporation' means an entity subject to taxation under Subchapter S of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986 and the regulations thereunder."

SECTION 2. Said chapter is further amended by revising Code Section 48-7-23, relating to taxation of partnerships, as follows:
"48-7-23. (a) The net income of a partnership shall be computed in the same manner and on the same basis as in the case of an individual except that the deduction of contributions for charitable purposes allowed by the Internal Revenue Code of 1986 shall not be allowed. Individuals carrying on business in partnership shall be liable for income tax only in their individual capacity; and each partner shall include in his or her individual return his or her distributive shares, whether distributed or not, of the net income of the partnership for the taxable year except as provided in subsection (c) of Code Section 48-7-24. If the taxable year of a partner is different from that of the partnership, the amount included in a partner's individual return shall be based upon the income of the partnership for the taxable year of the partnership ending with or within the partner's taxable year.
(b)(1) As used in this subsection, the term 'electing partnership' means, with respect to a taxable period, a partnership that has made the election pursuant to paragraph (2) of this subsection with respect to such taxable period. (2) A partnership may annually make an irrevocable election, on its timely filed return under Code Section 48-7-53, to pay the tax levied by this chapter at the entity level for the taxable period covered by such return. Such election must be made on or before the due date for filing the applicable income tax return, including any extensions which have been granted. (3) Notwithstanding subsection (a) of this Code Section, an electing partnership with respect to a taxable period shall pay an income tax equivalent to 5.75 percent of its net income as computed pursuant to Code Section 48-7-23, and allocated and apportioned pursuant to Code Section 48-7-31, for such taxable period, and such partners shall not recognize their respective share of the portion of income on which tax was actually paid pursuant to this subsection. (4) No electing partnership nor any of its partners shall be entitled to any credit under Code Section 48-7-28 with respect to such tax so paid or any deduction for such income under subsection (d) of Code Section 48-7-27; provided, however, such electing partnership shall otherwise be eligible for credits provided by this chapter and shall be considered an 'other entity' for purposes of Code Sections 48-7-29.16, 48-7-29.20, and 48-7-29.21. (5) The election under this subsection shall have no impact on the determination of the basis of the partners of an electing partnership in their interests of such electing partnership, except that such partners' distributive share of the tax paid or accrued by such

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partnership pursuant to such election shall be taken into account in determining such basis. (6) In computing the net income that is subject to taxation, the electing partnership shall not be allowed any deduction for taxes that are based on or measured by gross or net income or any other variant thereof. (7) This subsection shall only apply to a partnership that is 100 percent directly owned and controlled by persons eligible to be shareholders of an "S" corporation under Section 1361 of the Internal Revenue Code of 1986, as amended."

SECTION 3. Said chapter is further amended by adding a new subsection to Code Section 48-7-24, relating to nonresident members of resident partnerships and resident members of nonresident partnerships, to read as follows:
"(d) This Code Section shall not apply to the partners of an electing partnership as defined in paragraph (1) of subsection (b) of Code Section 48-7-23."

SECTION 4. Said chapter is further amended by adding a new paragraph (16) to subsection (b) and revising paragraph (2) of subsection (d) of Code Section 48-7-27, relating to computation of taxable net income, as follows:
"(16) Georgia taxable net income shall be adjusted as provided in subparagraph (b)(7)(C) of Code Section 48-7-21 and subsection (b) of Code Section 48-7-23." "(2) Nonresident shareholders of a Georgia Subchapter 'S' corporation shall execute a consent agreement to pay Georgia income tax on their portion of the corporate income in order for such Subchapter 'S' corporation to be recognized for Georgia purposes. A consent agreement for each shareholder shall be filed by the corporation with its corporate tax return in the year in which the Subchapter 'S' corporation is first required to file a Georgia income tax return. For a Subchapter 'S' corporation in existence prior to January 1, 2008, the consent agreement shall be filed for each shareholder in the first Georgia tax return filed for a year beginning on or after January 1, 2008. A consent agreement shall also be filed in any subsequent year for any additional nonresident who first becomes a shareholder of the Subchapter 'S' corporation in that year. Shareholders of a federal Subchapter 'S' corporation which is not recognized for Georgia purposes may make an adjustment to federal adjusted gross income in order to avoid double taxation on this type of income. Adjustments shall not be allowed unless tax was actually paid by such corporation. The provisions of this paragraph shall not apply to an electing Subchapter 'S' corporation as defined in paragraph (7) of subsection (b) of Code Section 48-7-21.

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SECTION 5. Said chapter is further amended by adding a new paragraph (1.1) to Code Section 48-7-100, relating to definitions, to read as follows:
"(1.1) 'Corporation' shall have the same meaning as provided in Code Section 48-7-1, and shall also include electing Subchapter 'S' corporations as defined in paragraph (7) of subsection (b) of Code Section 48-7-21 and electing partnerships as defined in paragraph (1) of subsection (b) of Code Section 48-7-23 and for purposes of Code Section 48-7-117 for such electing partnerships, Code Section 48-7-23 shall be substituted for Code Section 48-7-21."

SECTION 6. Said chapter is further amended by adding a new subsection to Code Section 48-7-129, relating to withholding tax on distributions to nonresident members of partnerships, Subchapter "S" corporations, and limited liability companies, to read as follows:
"(e.1) This Code section shall not apply to electing Subchapter 'S' corporations as defined in paragraph (7) of subsection (b) of Code Section 48-7-21 and electing partnerships as defined in paragraph (1) of subsection (b) of Code Section 48-7-23."

SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall be applicable to all taxable years beginning on or after January 1, 2022.

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

Approved May 4, 2021.

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BUILDINGS AND HOUSING PROVIDE PROCEDURES FOR ALTERNATIVE PLAN REVIEW, PERMITTING, AND INSPECTION BY PRIVATE PROFESSIONAL PROVIDERS; ALLOW APPLICANTS TO ELECT RETENTION OF A PRIVATE PROFESSIONAL PROVIDER FOR CERTAIN BUILDINGS.

No. 165 (Senate Bill No. 49).

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 provide procedures for alternative plan review, permitting, and inspection by private professional providers so as to allow applicants to elect whether to retain, at their own expense, a private professional provider to provide required plan reviews or inspections of certain buildings; to provide for fees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 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 subsection (g) of Code Section 8-2-26, relating to enforcement of codes generally, employment and training of inspectors, and contracts for administration and enforcement of codes, as follows:
"(g)(1) As used in this subsection, the term: (A) 'Complete application' means a submitted plan, application, or request for inspection that contains all of the information and supporting documentation required by the county or municipality for it to make the determination as to whether the plan, application, or request is in compliance with regulatory requirements. (B) 'Private professional provider' means a: (i) Professional engineer who holds a certificate of registration issued under Chapter 15 of Title 43; (ii) Professional architect who holds a certificate of registration issued under Chapter 4 of Title 43; or (iii) Qualified inspector as such term is defined in Code Section 8-2-26.1 who is not an employee of or otherwise affiliated with or financially interested in the person, firm, or corporation engaged in the construction project to be reviewed or inspected.

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(C) 'Regulatory fee' means payments, whether designated as permit fees, application fees, or by another name, that are required by a local government as an exercise of its police power, its regulation of business, and as a part of or as an aid to regulation of construction related activities under this chapter. (D) 'Regulatory requirements' means the requirements determined by a county or municipality to be necessary for approval of plans, permits, or applications under this chapter; provided, however, that with respect to any application, such requirements shall include the Georgia State Minimum Standard Codes most recently adopted by the Department of Community Affairs and any locally adopted ordinances and amendments to such codes; applicable zoning ordinances and conditions; design standards; and other state and local laws, regulations, and ordinances applicable to the application in question. (2) Each county or municipality which imposes regulatory fees or regulatory requirements within its jurisdiction shall establish and make available a schedule of such regulatory fees and regulatory requirements which shall include a list of all documentation related to compliance with such regulatory requirements, including the requirements necessary for submittal of a complete application. The amount of any regulatory fee shall approximate the reasonable cost of the actual regulatory activity performed by the local government and shall be subject to the provisions of paragraph (6) of Code Section 48-13-5. (3) No later than five business days after receipt of any application related to regulatory requirements, a local building official of a county or municipality shall notify each applicant as to whether the submitted documents meet the requirements of a complete application. Except as otherwise provided in this paragraph, time spent by a county or municipality determining whether an application is complete shall count toward the total 30 days for plan review or inspection. If a local building official determines that the application is not complete, the applicant shall be provided written notice identifying the items that are not complete. The 30 day time period is tolled when the application is rejected as incomplete. If within 30 days after the county or municipality has provided notice that the application is incomplete the permit applicant submits revisions to address the identified deficiencies, the local building official shall have an additional five business days to review the application for completeness. (4) At the time a county or municipality notifies the applicant that a complete application has been accepted, it shall also notify such applicant as to whether the personnel employed or contracted by such county or municipality will be able to provide regulatory action within 30 days for plan review or provide inspection services within two business days of receiving a valid written request for inspection. (5) The applicant shall have the option of retaining, at its own expense, a private professional provider to provide the required plan review or inspection in accordance with the provisions of this Code section irrespective of whether the county or municipality determines that the personnel employed or contracted by such county or

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municipality can provide regulatory action or inspection services within the time frames required under paragraph (4) of this subsection. If the applicant elects to utilize the services of a private professional provider, the regulatory fees associated with such regulatory action shall be reduced by 50 percent and such reduced amount shall be paid to the county or municipality in accordance with such jurisdiction's policies. (6) If the county or municipality determines that the personnel employed or contracted by such county or municipality can provide regulatory action or inspection services within the time frames required under paragraph (4) of this subsection, a convenience fee not to exceed the full amount of the regulatory fees associated with such regulatory action shall be paid to the county or municipality in accordance with such jurisdiction's policies. (7) If the local governing authority states its intent to complete the required plan review within the time prescribed by paragraph (4) of this subsection, or any extension thereof mutually agreed to by the applicant and the governing authority, and the local governing authority fails to complete such plan review in the time prescribed by paragraph (4) of this subsection, or any extension thereof mutually agreed to by the applicant and the governing authority, the local governing authority shall issue the applicant a project initiation permit. The local governing authority shall be allowed to limit the scope of a project initiation permit and limit the areas of the site to which the project initiation permit may apply but shall permit the applicant to begin work on the project, provided that portion of the initial phase of work is compliant with applicable codes, laws, and rules. If the plans submitted for permitting are denied for any deficiency, the time frames and process for resubmittal shall be governed by subparagraphs (C) through (E) of paragraph (13) of this subsection. Any delay in the processing of an application that is attributable to a cause outside the control of the county or municipality that is processing the application or through fault of the applicant shall not count toward days for the purposes of this subsection. This paragraph shall not be applicable if the applicant elects to retain a private professional provider to provide the required plan review. (8) Any plan review or inspection conducted by a private professional provider shall be no less extensive than plan reviews or inspections conducted by county or municipal personnel. (9) The person, firm, or corporation retaining a private professional provider to conduct a plan review or an inspection shall be required to pay to the county or municipality which requires the plan review or inspection the regulatory fees and charges which are required by paragraph (5) or (6) of this subsection or both, as applicable. (10) A private professional provider performing plan reviews under this subsection shall review plans to determine compliance with all applicable regulatory requirements. Upon determining that the plans reviewed comply with the applicable regulatory requirements, such private professional provider shall prepare an affidavit or affidavits on a form adopted by the Department of Community Affairs certifying under oath that the following is true and correct to the best of such private professional provider's knowledge and belief and in accordance with the applicable professional standard of care:

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(A) The plans were reviewed by the affiant who is duly authorized to perform plan review pursuant to this subsection and who holds the appropriate license or certifications and insurance coverage stipulated in this subsection; (B) The plans comply with all applicable regulatory requirements; and (C) The plans submitted for plan review are in conformity with plans previously submitted to obtain governmental approvals required in the plan submittal process and do not make a change to the project reviewed for such approvals. (11) All private professional providers providing plan review or inspection services pursuant to this subsection shall secure and maintain insurance coverage for professional liability (errors and omissions) insurance. The limits of such insurance shall be not less than $1 million per claim and $1 million in aggregate coverage for any project with a construction cost of $5 million or less and $2 million per claim and $2 million in aggregate coverage for any project with a construction cost of more than $5 million. Such insurance may be a practice policy or project-specific coverage. If the insurance is a practice policy, it shall contain prior acts coverage for the private professional provider. If the insurance is project-specific, it shall continue in effect for two years following the issuance of the certificate of final completion for the project. A local enforcement agency, local building official, or local government may establish, for private professional providers working within that jurisdiction, a system of registration listing the private professional providers within their stated areas of competency. The permit applicant shall verify compliance with the insurance requirements of this paragraph. (12) The private professional provider shall be empowered to perform any plan review or inspection required by the governing authority of any county or municipality, including, but not limited to, inspections for footings, foundations, concrete slabs, framing, electrical, plumbing, heating ventilation and air conditioning (HVAC), or any and all other inspections necessary or required to determine compliance with all regulatory requirements and for the issuance of a building permit or certificate of occupancy by the governing authority of any county or municipality, provided that the plan review or inspection is within the scope of such private professional provider's area of competency; and provided, further, that a qualified inspector acting as a private professional provider shall only be empowered to perform a plan review or inspection within an area for which such qualified inspector has been issued a certification, license, or completion of training provided for in paragraph (2) of subsection (a) of Code Section 8-2-26.1. Nothing in this Code section shall authorize any private professional provider to issue a certificate of occupancy. Only a local governing authority shall be authorized to issue a certificate of occupancy. (13)(A) The permit applicant shall submit a copy of the private professional provider's plan review report to the county or municipality within five days of its completion. Such plan review report shall include at a minimum all of the following:

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(i) The affidavit of the private professional provider required pursuant to this subsection; (ii) The applicable fees; and (iii) Any documents required by the local official and any other documents necessary to determine that the permit applicant has secured all other governmental approvals required by law. (B) No more than 30 days after receipt of both a permit application and the affidavit from the private professional provider required pursuant to this subsection, the local building official shall issue the requested permit or provide written notice to the permit applicant identifying the specific plan features that do not comply with the applicable regulatory requirements, as well as the specific code chapters and sections of such regulatory requirements. If the local building official does not provide a written notice of the plan deficiencies within the prescribed 30 day period, the permit application shall be deemed approved as a matter of law and the permit shall be issued by the local building official on the next business day. (C) If the local building official provides a written notice of plan deficiencies to the permit applicant within the prescribed 30 day period, the 30 day period shall be tolled pending resolution of the matter. To resolve the plan deficiencies, the permit applicant may elect to dispute the deficiencies pursuant to this subsection or to submit revisions to correct the deficiencies. (D) If the permit applicant submits revisions to address the plan deficiencies previously identified, the local building official shall have the remainder of the tolled 30 day period plus an additional five business days to issue the requested permit or to provide a second written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable regulatory requirements, with specific reference to the relevant code chapters and sections of such regulatory requirements. If the local building official does not provide the second written notice within the prescribed time period, the permit shall be issued by the local building official on the next business day. In the event that the revisions required to address the plan deficiencies or any additional revisions submitted by the applicant require that new governmental approvals be obtained, the applicant shall be required to obtain such approvals before a new plan report can be submitted. (E) If the local building official provides a second written notice of plan deficiencies to the permit applicant within the prescribed time period, the permit applicant may elect to dispute the deficiencies pursuant to this subsection or to submit additional revisions to correct the deficiencies. For all revisions submitted after the first revision, the local building official shall have an additional five business days to issue the requested permit or to provide a written notice to the permit applicant stating which of the previously identified plan features remain in noncompliance with the applicable regulatory requirements, with specific reference to the relevant code chapters and sections.

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(14) Upon submission by the private professional provider of a copy of his or her inspection report to the local governing authority, said local governing authority shall be required to accept the inspection of the private professional provider without the necessity of further inspection or approval by the inspectors or other personnel employed by the local governing authority unless said governing authority has notified the private professional provider, within two business days after the submission of the inspection report, that it finds the report incomplete or the inspection inadequate and has provided the private professional provider with a written description of the deficiencies and specific regulatory requirements that have not been adequately addressed. (15) A local governing authority may provide for the prequalification of private professional providers who may perform plan reviews or inspections pursuant to this subsection. No ordinance implementing prequalification shall become effective until notice of the governing authority's intent to require prequalification and the specific requirements for prequalification have been advertised in the newspaper in which the sheriff's advertisements for that locality are published, and by any other methods such local authority ordinarily utilizes for notification of engineering, architecture, or construction related solicitations. The ordinance implementing prequalification shall provide for evaluation of the qualifications of a private professional provider only on the basis of the private professional provider's expertise with respect to the objectives of this subsection, as demonstrated by the private professional provider's experience, education, and training. Such ordinance may require a private professional provider to hold additional certifications, provided that such certifications are required by ordinance for plan review personnel currently directly employed by such local governing authority. (16) Nothing in this subsection shall be construed to limit any public or private right of action designed to provide protection, rights, or remedies for consumers. (17) Reserved. (18) If the local building official determines that the building construction or plans do not comply with the applicable regulatory requirements, the official may deny the permit or request for a certificate of occupancy or certificate of completion, as appropriate, or may issue a stop-work order for the project or any portion thereof as provided by law, after giving notice to the owner, the architect of record, the engineer of record, or the contractor of record and by posting a copy of the order on the site of the project and opportunity to remedy the violation within the time limits set forth in the notice, if the official determines noncompliance with regulatory requirements, provided that:
(A) A local building official shall be available to meet with the private professional provider within two business days to resolve any dispute after issuing a stop-work order or providing notice to the applicant denying a permit or request for a certificate of occupancy or certificate of completion; and (B) If the local building official and the private professional provider are unable to resolve the dispute or meet within the time required by this Code section, the matter shall be referred to the local enforcement agency's board of appeals, if one exists, which

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shall consider the matter not later than its next scheduled meeting. Any decisions by the local official, if there is no board of appeals, may be appealed to the Department of Community Affairs as provided in this chapter. The Department of Community Affairs shall develop rules and regulations which shall establish reasonable time frames and fees to carry out the provisions of this paragraph. (19) The local government, a local building official, and local building code enforcement personnel and agents of the local government shall be immune from liability to any person or party for any action or inaction by an owner of a building or by a private professional provider or its duly authorized representative in connection with plan review and inspection services by private professional providers as provided in this subsection. (20) No local enforcement agency, local code official, or local government shall adopt or enforce any rules, procedures, policies, qualifications, or standards more stringent than those prescribed in this subsection. This subsection shall not preempt any local laws, rules, or procedures relating to the plan submittal process of local governing authorities. (21) Nothing in this subsection shall limit the authority of a local code official to issue a stop-work order for a building project or any portion of such project, which may go into effect immediately as provided by law, after giving notice and opportunity to remedy the violation, if the official determines that a condition on the building site constitutes an immediate threat to public safety and welfare. A stop-work order issued for reasons of immediate threat to public safety and welfare shall be appealable to the local enforcement agency's board of appeals, if one exists, in the manner provided by applicable law. Any decisions by the local official, if there is no board of appeals, may be appealed to the Department of Community Affairs as provided in this chapter. (22) When performing plan reviews or inspection services, a private professional provider is subject to the disciplinary guidelines of the applicable professional licensing board with jurisdiction over such private professional provider's license or certification under Chapters 4 and 15 of Title 43, as applicable. Any complaint processing, investigation, and discipline that arise out of a private professional provider's performance of plan reviews or inspection services shall be conducted by the applicable professional licensing board. Notwithstanding any disciplinary rules of the applicable professional licensing board with jurisdiction over such private professional provider's license or certification under Chapters 4 and 15 of Title 43, any local building official may decline to accept plan reviews or inspection services submitted by any private professional provider who has submitted multiple reports which required revisions due to negligence, noncompliance, or deficiencies. (23) Nothing in this subsection shall apply to inspections exempted in Code Section 8-2-26.1. (24) To the extent that a provision of this Code section conflicts with requirements of federal laws or regulations or impairs a county's or municipality's receipt of federal funds, such provision shall not apply."

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

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

Approved May 4, 2021.

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GENERAL ASSEMBLY REVENUE AND TAXATION ECONOMIC ANALYSES OF CERTAIN TAX BENEFITS; VARIOUS TAX CREDITS.

No. 166 (Senate Bill No. 6).

AN ACT

To amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to provide for economic analyses to be conducted for certain tax benefits upon request by the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee; to provide for limits; to provide for summaries to be attached to related fiscal notes; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a tax credit for medical equipment and supplies manufacturers and pharmaceutical and medicine manufacturers; to provide for definitions; to provide for conditions and limitations on certain tax credits; to provide for an effective date and applicability; to change jobs limits and revise the requirements for such tax credit for certain projects; to provide for tax credits for high-impact aerospace defense projects; to revise a job tax credit; to allow such tax credit to be taken in conjunction with certain other tax credits; to revise a manufacturing tax credit; to provide for reporting; to amend Code Section 48-7-40.34 of the Official Code of Georgia Annotated, relating to tax credit for Class III railroads and reporting, so as to extend an income tax credit for expenditures on the maintenance of railroad track owned or leased by Class III railroads; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to extend the sunset date for the exemption for projects of regional significance; to exempt sales of tickets, fees, or charges for admission to certain fine arts performances or exhibitions from sales and use taxes; to provide for automatic repeal; to renew a sales tax exemption for maintenance and replacement parts used in machinery or equipment that is used to mix, agitate, and transport freshly mixed concrete; to extend the sunset provision for an exemption for sales taxes on certain tangible personal property sold or used to maintain, refit, or repair a boat during a single event; to revise certain tax credits for the rehabilitation of historic structures;

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to revise the aggregate cap; to provide for definitions; to repeal Section 2 of Ga. L. 2015, p. 1340, approved May 12, 2015; to revise a limitation on business enterprises eligible for a tax credit for research and development; to revise an exemption for the sale or lease of certain computer equipment; to provide for clarification, with respect to a sales tax exemption for certain computer equipment, that the exclusion for telephone central office equipment or other voice data transport technology in subdivision (68)(C)(ii)(I) of Code Section 48-8-3, which became effective October 1, 2002, includes any wireline or wireless telecommunication system; to provide for reporting; to provide for an automatic repeal; to provide for related matters; to provide for short titles; 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.

Part I of this Act shall be known and may be cited as the "Tax Credit Return on Investment Act of 2021." Parts II through IV of this Act shall be known and may be cited as the "Georgia Economic Renewal Act of 2021." Part V of this Act shall be known and may be cited as the "Georgia Economic Recovery Act of 2021."

SECTION 1-2. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by adding a new Code section to read as follows:
"28-5-41.1. (a) An economic analysis shall include, but not be limited to, a good faith estimate as a result of the law or proposed law, on an annual basis for five years thereafter, of the following, on both a direct and indirect basis:
(1) Net change in state revenue; (2) Net change in state expenditures, which shall include, but not be limited to, costs of administering the bill; (3) Net change in economic activity; and (4) If applicable, any net change in public benefit. (b) On or before May 1 of each year, the chairperson of the House Committee on Ways and Means and the chairperson of the Senate Finance Committee may each request up to five economic analyses, which requests shall be transmitted to the Department of Audits and Accounts. The Department of Audits and Accounts shall contract with one or more independent auditors to complete all such analyses on or before December 1 of the year in which such analysis was requested. Each such request shall be limited to one existing provision of law or proposed law and shall specify one particular exemption, exclusion, or

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deduction from the base of a tax; credit against a tax; deferral of a tax; a rebate of taxes paid; tax abatement; or preferential tax rate to be analyzed. (c) Copies of each completed economic analysis shall be provided to the House Budget and Research Office and the Senate Budget and Evaluation Office. (d) If a fiscal note is requested pursuant to Code Section 28-5-42 and a relevant economic analysis has been conducted within one year of such request, the Office of Planning and Budget may prepare a summary of such economic analysis and attach it with the requested fiscal note. (e) An economic analysis shall be conducted on the performance and outcomes of Code Section 33-1-25, which shall be completed by December 1, 2021."

PART II SECTION 2-1.

Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section to read as follows:
"48-7-40.1B. (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) 'Medical equipment and supplies manufacturer' means any business which is engaged in the manufacturing of medical equipment and supplies in this state. Such term shall be limited to establishments classified under the North American Industry Classification System (NAICS) Industry Code 3391 - Medical Equipment and Supplies Manufacturing. Such term shall not include retail businesses that sell medical equipment or supplies. (3) 'Pharmaceutical and medicine manufacturer' means any business which is engaged in the manufacturing of pharmaceuticals or medicine in this state. Such term shall be limited to establishments classified under the North American Industry Classification System (NAICS) Industry Code 3254 - Pharmaceutical and Medicine Manufacturing. Such term shall not include retail businesses that sell pharmaceuticals or medicine. (b)(1) When any medical equipment and supplies manufacturer or pharmaceutical and medicine manufacturer is qualified to claim a job tax credit pursuant to Code Section 48-7-40 or 48-7-40.1, for a qualifying job created on or after July 1, 2021, there shall be allowed an additional $1,250.00 per job tax credit against the tax imposed under this article for those qualifying jobs to the extent that they are engaged in the qualifying activities of manufacturing medical equipment or supplies or manufacturing pharmaceuticals or medicine in this state during the taxable year. Such medical equipment and supplies manufacturer or pharmaceutical and medicine manufacturer shall be eligible for such additional per job tax credit at an individual establishment of the business. If more than one business activity is conducted at an establishment, then only the jobs engaged in the qualifying activities of manufacturing medical equipment or

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supplies or manufacturing pharmaceuticals or medicine in this state shall be eligible for such additional per 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 in which a business enterprise does not qualify as a medical equipment and supplies manufacturer or as a pharmaceutical and medicine 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) 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; and (2) No taxpayer shall be eligible for the tax credit provided for under subsection (b) of this Code section for any job for which the taxpayer claims the tax credit provided for under Code Section 48-7-40.1A, or for any job claimed pursuant to Code Section 48-7-40 or 48-7-40.1 prior to July 1, 2021. (d) This Code section shall be effective as of July 1, 2021, and shall be applicable to taxable years beginning on or after January 1, 2021."

SECTION 2-2. Said title is further amended in Code Section 48-7-40.1A, relating to job tax credit for PPE manufacturers, by adding a new paragraph to subsection (c) to read as follows:
"(3) No taxpayer shall be eligible for the tax credit provided for under subsection (b) of this Code section for any job for which the taxpayer claims the tax credit provided for under Code Section 48-7-40.1B."

SECTION 2-3. Said title is further amended by revising subsections (g), (i), and (p) of Code Section 48-7-40.24, relating to conditions for taking job tax credit by business enterprises and calculating credit, as follows:

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"(g) To qualify for the credit provided by this Code section, a new full-time job must be created by the close of the seventh taxable year following the business enterprise's withholding start date, unless the purchase or acquisition of qualified investment property is made as provided in paragraph (5) of subsection (a) of this Code section, in which case a new full-time job must be created by the close of the eighth taxable year following the business enterprise's withholding start date based on a $600 million qualified investment or the end of the tenth taxable year based on an $800 million qualified investment. "
"(i)(1) Except as provided in subsection (g) of this Code section and paragraph (2) of this subsection, a taxpayer who is entitled to and takes credits provided by this Code section for a qualified project shall not be allowed to take any of the credits authorized by Code Section 48-7-40, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.6, 48-7-40.7, 48-7-40.8, 48-7-40.9, 48-7-40.10, 48-7-40.15, 48-7-40.17, or 48-7-40.18 for jobs, investments, child care, or ground-water usage shifts created by, arising from, related to, or connected in any way with the same project. Provided such taxpayer otherwise qualifies, such taxpayer may take any credit authorized by Code Section 48-7-40.5 for the costs of retraining an employee located at the site or sites of such project or the facility or facilities resulting therefrom, but only for costs incurred more than five years after the date the facility or facilities first become operational. (2) On and after July 1, 2021, a taxpayer who is entitled to and takes credits authorized by this Code section for a high-impact aerospace defense project as such term is defined in Code Section 48-7-40.25 may also take the credits authorized by Code Section 48-7-40.17 for such project; provided, however, that the taxpayer may not take the credits authorized by this Code section and Code Section 48-7-40.17 with respect to such project in the same taxable year." "(p) Any taxpayer whose qualified project is certified on or after June 30, 2021, pursuant to paragraph (2) of subsection (b) of this Code section that subsequently claims the tax credit available under subsection (d) of this Code section in connection with the qualified project shall report annually to a panel composed of the commissioner of community affairs, the commissioner of economic development, and the director of the Office of Planning and Budget, the total number of such taxpayer's full-time employees working at the qualified project and the total amount of qualified investment property made into the qualified project. Such reports shall be due by December 31 of each year. This annual reporting requirement will extend through the end of the recapture period as defined in paragraph (13) of subsection (a) of this Code section. (q) Notwithstanding Code Sections 48-2-15, 48-7-60, and 48-7-61, such panel shall compile the annual reports provided pursuant to paragraph (p) of this Code section, and beginning June 30, 2026, and every two years thereafter, shall furnish a compiled report to the chairperson of the House Committee on Ways and Means and the chairperson of the Senate Finance Committee. Such compiled report shall aggregate the annual reports supplied by taxpayers whose qualified projects are subject to the reporting requirement in subsection (p) of this Code section.

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(r) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."

SECTION 2-4. Said title is further amended by revising Code Section 48-7-40.25, relating to conditions for credit for business enterprises with existing manufacturing facilities and calculating credit, as follows:
"48-7-40.25. (a) As used in this Code section, the term:
(1) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing. Such term shall not include retail businesses. (2) 'Force majeure' means any:
(A) Explosions, implosions, fire, conflagrations, accidents, or contamination; (B) Unusual and unforeseeable weather conditions such as floods, torrential rain, hail, tornadoes, hurricanes, lightning, or other natural calamities or acts of God; (C) Acts of war (whether or not declared), carnage, blockade, or embargo; (D) Acts of public enemy, acts or threats of terrorism or threats from terrorists, riot, public disorder, or violent demonstrations; (E) Strikes or other labor disturbances; or (F) Expropriation, requisition, confiscation, impoundment, seizure, nationalization, or compulsory acquisition of the site of a qualified project or any part thereof; but such term shall not include any event or circumstance that could have been prevented, overcome, or remedied in whole or in part by the taxpayer through the exercise of reasonable diligence and due care, nor shall such term include the unavailability of funds. (3) 'Full-time employee' means an individual holding a full-time employee job. (4) 'Full-time employee job' and 'full-time job' mean employment of an individual which:
(A)(i) With respect to a qualified project, is located in this state at the manufacturing facility resulting from such qualified project; and (ii) With respect to a high-impact aerospace defense project certified pursuant to paragraph (2) of subsection (b) of this Code section on or after July 1, 2021, is located in this state and results from such project; (B) Involves a regular work week of 35 hours or more; (C) Has no predetermined end date; and (D) Pays at or above the average wage of the county with the lowest average wage in the state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. For purposes of this paragraph, leased employees will be considered employees of the company using their services, and such persons may be counted in determining the company's credits under this Code section if their employment otherwise meets the definition of full-time job contained herein. In addition, an individual's employment shall not be deemed to have a predetermined end date solely by virtue of a mandatory

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retirement age set forth in a company policy of general application. The employment of any individual in a bona fide executive, administrative, or professional capacity, within the meaning of Section 13 of the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section 213(a)(1), as such act existed on January 1, 2002, shall not be deemed to have a predetermined end date solely by virtue of the fact that such employment is pursuant to a fixed-term contract, provided that such contract is for a term of not less than one year. (4.1) 'High-impact aerospace defense project' means a qualified project with the additional limitations that it is:
(A) To be constructed by a business enterprise that is a prime aerospace defense contractor with greater than 40 percent of its revenues derived from sales to the United States government in its most recently completed tax year; and (B) Certified by the commissioner of economic development as materially supportive of the mission of the Georgia Joint Defense Commission and the Governor's Defense Initiative. In making such a certification, the commissioner shall consider whether the project will support the goals of the Georgia Joint Defense Commission set forth in paragraphs (2), (3), and (4) of Code Section 20-4-121. (5) 'Investment requirement' means the requirement that: (A) With respect to a qualified project, a minimum of $800 million in qualified investment property shall have been purchased or acquired for use in such qualified project and be in service; or (B) With respect to a high-impact aerospace defense project certified pursuant to paragraph (2) of subsection (b) of this Code section on or after July 1, 2021, a minimum of $500 million in qualified investment property shall have been purchased or acquired for use in such project and be in service. (6) 'Job maintenance requirement' means the requirement that the monthly average number of full-time employees employed by the business enterprise during the first 60 months of the recapture period must equal or exceed 90 percent of the job requirement. (7) 'Job requirement' means the requirement that: (A) With respect to a qualified project, the number of full-time employees must equal or exceed 1,800; or (B) With respect to a high-impact aerospace defense project certified pursuant to paragraph (2) of subsection (b) of this Code section on or after July 1, 2021, the number of full-time employees must equal or exceed 1,000. (8) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in a qualified project, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. (9) 'Qualified project' means the construction of a new manufacturing facility in this state. For purposes of this paragraph, the term 'manufacturing facility' means a single facility, including contiguous parcels of land, improvements to such land, buildings,

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building improvements, and any machinery or equipment that is used in the process of making, fabricating, constructing, forming, or assembling a product from components or from raw, unfinished, or semifinished materials, and any support facility. For purposes of this paragraph, the term 'support facility' means any warehouses, distribution centers, storage facilities, research and development facilities, laboratories, repair and maintenance facilities, corporate offices, sales or marketing offices, computer operations facilities, or administrative offices that are contiguous to the manufacturing facility that results from a qualified project, constructed or expanded as part of the same such project, and designed primarily for activities supporting the manufacturing operations at such manufacturing facility. (10) 'Recapture period' means the period of ten consecutive taxable years that commences after the taxable year in which the taxpayer has met both the investment requirement and the job requirement. (b) A business enterprise that has operated an existing manufacturing facility in this state for the immediately three preceding years and that is planning a qualified project shall be allowed to take the credit provided by this Code section under the following conditions: (1) An application is filed with the commissioner that:
(A) Describes the qualified project to be undertaken by the business enterprise, including when such project will commence; (B) Certifies that such project will meet the investment requirement and the job requirement prescribed by this Code section, stating when the business enterprise expects to meet such requirements; (C) With respect to a high-impact aerospace defense project, certifies that the taxpayer will purchase or acquire a minimum of $800 million in qualified investment property and will employ at least 1,800 full-time employees, stating when the business enterprise expects to meet such requirements; and (D) Certifies that during the recapture period applicable to such project the business enterprise will meet the job maintenance requirement prescribed by this Code section; and (2) Following the commissioner's referral of the application to a panel composed of the commissioner of community affairs, the commissioner of economic development, and the director of the Office of Planning and Budget, said panel, after reviewing the application, certifies that the new facility will have a significant beneficial economic effect on the region for which it is planned. The panel shall make its determination within 30 days after receipt from the commissioner of the taxpayer's application and any necessary supporting documentation. Although the panel's certification may be based upon other criteria, a project that meets the minimum job and investment requirements specified in paragraph (1) of this subsection will have a significant beneficial economic effect on the region for which it is planned if one of the following additional criteria is met:

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(A) The full-time employee jobs resulting from such project will pay average wages that are, as determined by the Georgia Department of Labor for all jobs, for the county in question:
(i) Twenty percent above such average wage for projects located in tier 1 counties; (ii) Ten percent above such average wage for projects located in tier 2 counties; or (iii) Five percent above such average wage for projects located in tier 3 or tier 4 counties; or (B) The project demonstrates high growth potential based upon the prior year's Georgia net taxable income growth of over 20 percent from the previous year, if the taxpayer's Georgia net taxable income in each of the two preceding years also grew by 20 percent or more. (c) Any lease for a period of five years or longer of any real or personal property used in a new manufacturing facility which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition thereof by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the year in which the lease becomes binding on the lessor and the taxpayer. (d) A business enterprise whose application is approved shall be allowed a credit against the tax imposed under this article in an amount equal to 6 percent of the cost of all qualified investment property purchased or acquired by the business enterprise in such year, subject to the conditions and limitations set forth in this Code section. Where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103. The taxpayer may file an election with the commissioner to take such credit against quarterly or monthly payments under Code Section 48-7-103 that become due before the due date of the income tax return on which such credit may be claimed. In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayer's election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. (e) The credit granted under subsection (d) of this Code section shall be subject to the following conditions and limitations: (1) In order to qualify as a basis for the credit, the investment in qualified investment property must occur no sooner than the date of application by the taxpayer for the qualified project pursuant to paragraph (1) of subsection (b) of this Code section. The credit may be taken beginning with the taxable year in which the taxpayer has met both

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the investment requirement and the job requirement, and for such first year the credit may include qualified investment property purchased or acquired in prior years but after the date of application by the taxpayer for the qualified project pursuant to paragraph (1) of subsection (b) of this Code section. For each year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's Georgia income tax return which will set forth the following information, as a minimum:
(A) A description of the qualified project; (B) The amount of qualified investment property acquired during the taxable year; (C) The amount of tax credit claimed for the taxable year; (D) The amount of qualified investment property acquired in prior taxable years; (E) Any tax credit previously taken by the taxpayer against Georgia income tax liabilities or the taxpayer's quarterly or monthly payments under Code Section 48-7-103; (F) The amount of tax credit carried over from prior years; (G) The amount of tax credit utilized by the taxpayer in the current taxable year; (H) The amount of tax credit to be carried over to subsequent tax years; and (I) The monthly average number of full-time jobs during the taxable year; (2) Any credit claimed under this Code section but not fully used in the manner prescribed in subsection (d) of this Code section may be carried forward for 15 years from the close of the later of: (A) The taxable year in which the qualified investment property was acquired; or (B) The taxable year in which both the job requirement and investment requirement are satisfied. The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity but any unused investment tax credit may be transferred and continued by any transferee of the business enterprise; (3) In the initial year in which the taxpayer claims the credit granted in subsection (d) of this Code section, the taxpayer shall include in the description of the project required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the taxpayer has met both the investment requirement and the job requirement during such year; and (4) The utilization of the credit granted in subsection (d) of this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on the assets acquired by the taxpayer, nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation. (f)(1) Except as provided in paragraph (2) of this subsection, in no event may credits exceeding $50 million in the aggregate be claimed under this Code section with respect to any one project. (2) In no event shall a taxpayer claim credits exceeding $100 million in the aggregate under this Code section with respect to a high-impact aerospace defense project.

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(g)(1) Except as provided in paragraph (2) of this subsection, a taxpayer who is entitled to and takes credits provided by this Code section with respect to a qualified project shall not be allowed to take any of the credits authorized by Code Section 48-7-40, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.6, 48-7-40.7, 48-7-40.8, 48-7-40.9, 48-7-40.10, 48-7-40.15, 48-7-40.17, 48-7-40.18, or 48-7-40.24 with respect to jobs, investments, child care, or ground-water usage shifts created by, arising from, related to, or connected in any way with the same project. Such taxpayer may take any credit authorized by Code Section 48-7-40.5 for the cost of retraining an employee located at the site of such project or the manufacturing facility resulting therefrom, but only with respect to costs incurred more than five years after the date the manufacturing facility first becomes operational. (2) A taxpayer who is entitled to and takes credits authorized by this Code section for a high-impact aerospace defense project certified pursuant to paragraph (2) of subsection (b) of this Code section on or after July 1, 2021, may also take the credits authorized by Code Sections 48-7-40.17 and 48-7-40.24 for such project. (h)(1) With respect to each qualified project, not more than 60 days after the close of the fifth taxable year within the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may reasonably require, concerning whether it met the job maintenance requirement. If the taxpayer fails to meet the job maintenance requirement, such taxpayer shall forfeit its right to all credits provided by this Code section for such project. (2) Within 60 days after the close of the tenth taxable year within the recapture period, any taxpayer that takes a credit allowed under this Code section with respect to a high-impact aerospace defense project shall file a report, using such form and providing such information as the commissioner may reasonably require, which establishes that the taxpayer purchased or acquired at least $800 million in qualified investment property and employs at least 1,800 full-time employees with respect to such high-impact aerospace defense project. If the taxpayer fails to establish that such objectives were met by the close of the tenth taxable year within the recapture period, such taxpayer shall forfeit its right to all credits provided by this Code section for such project. (3) A taxpayer that forfeits its right as provided in paragraph (1) or (2) of this subsection is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were forgone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification by the commissioner that the taxpayer has failed to meet the job maintenance requirement or the objectives required of a high-impact aerospace defense project, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein.

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(i) A taxpayer who fails to meet the job maintenance requirement or the objectives required of a high-impact aerospace defense project because of force majeure may petition the commissioner for relief from such requirement. Such a petition must be made with and at the same time as the report required by subsection (h) of this Code section. If the commissioner determines that force majeure materially affected the taxpayer's ability to meet the job maintenance requirement, but that the portion of any year so affected was six months or less, the commissioner shall calculate the taxpayer's monthly average number of full-time employees for purposes of subsection (h) of this Code section by disregarding the affected months. If the commissioner determines that the affected portion of any such year was more than six months, the taxable year shall be disregarded in its entirety for purposes of the job maintenance requirement and the recapture period applicable to the qualified project shall be extended for an additional year. (j) If the manufacturing facility resulting from a qualified project is abandoned at any time during the recapture period, the taxpayer will forfeit the right to all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were forgone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. For purposes of this subsection, a manufacturing facility will be considered abandoned if there is, for any reason other than force majeure, a complete cessation of manufacturing operations for a period of 12 consecutive months or more during the recapture period. Not more than 60 days after the close of the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may require, concerning whether such an abandonment occurred. No later than 90 days after notification by the commissioner that an abandonment occurred, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein. (k) Unless more time is allowed therefor by Code Section 48-7-82 or 48-2-49, the commissioner may make any assessment attributable to the forfeiture of credits claimed under this Code section for the periods covered by any amended returns filed by a taxpayer pursuant to subsections (h) and (j) of this Code section within one year from the date such returns are filed. If the taxpayer fails to file the reports or any amended return required by subsections (h) and (j) of this Code section, the commissioner may assess additional tax or other amounts attributable to the forfeiture of credits claimed under this Code section at any time. (l) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section."

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PART III SECTION 3-1.

Reserved.

PART IV SECTION 4-1.

Code Section 48-7-40.34 of the Official Code of Georgia Annotated, relating to tax credit for Class III railroads and reporting, is amended by revising subsections (c) through (h) as follows:
"(c)(1) The credit given under this Code section shall only be allowed once for each mile of railroad track in each taxable year. (2) Such credit shall be given for each taxable year beginning on or after January 1, 2019, and ending on or before December 30, 2026, in which the conditions of this Code section have been met. (d) If a credit is given under this Code section with respect to any railroad track, the basis of such railroad track shall be reduced by the amount of the credit so allowed. (e) The tax credits given to a Class III railroad by this Code section that are not used by such Class III railroad shall be freely assignable one time between January 1, 2019, and January 1, 2027, by written agreement to a taxpayer subject to the tax imposed by this chapter. (f) On or before September 1 of 2020 and annually thereafter until 2027, the commissioner shall issue a report to the chairpersons of the Senate Finance Committee and the House Committee on Ways and Means concerning the tax credit created by this Code section, which shall include the following statistics for the preceding taxable year: (1) The total number of taxpayers that claimed a credit provided by this Code section; and (2) The number and total value of all credits earned and all credits applied during such tax year pursuant to this Code section. (g) The commissioner shall promulgate such forms, rules, and regulations as are necessary to implement and administer the provisions of this Code section. (h) This Code section shall be automatically repealed on January 1, 2027."

PART V SECTION 5-1.

Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding sales and use taxes, is amended by revising paragraph (93) of Code Section 48-8-3, relating to exemptions from sales and use taxes, as follows:

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"(93)(A) For the period commencing January 1, 2012, until June 30, 2023, sales of tangible personal property used for and in the construction of a competitive project of regional significance. (B) The exemption provided in subparagraph (A) of this paragraph shall apply to purchases made during the entire time of construction of the competitive project of regional significance so long as such project meets the definition of a competitive project of regional significance within the period commencing January 1, 2012, until June 30, 2023. (C) The department shall not be required to pay interest on any refund claims filed for local sales and use taxes paid on purchases made prior to the implementation of this paragraph. (D) As used in this paragraph, the term 'competitive project of regional significance' means the location or expansion of some or all of a business enterprise's operations in this state where the commissioner of economic development determines that the project would have a significant regional impact. The commissioner of economic development shall promulgate regulations in accordance with the provisions of this paragraph outlining the guidelines to be applied in making such determination;"

SECTION 5-2. Said part is further amended by revising paragraph (100) of Code Section 48-8-3, relating to exemptions from sales and use taxes, as follows:
"(100)(A) Sales of tickets, fees, or charges for admission to a fine arts performance or exhibition conducted within a facility in this state that is owned or operated by an organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, or a museum of cultural significance, if such organization's or museum's mission is to advance the arts in this state and to provide arts, educational, and culturally significant programming and exhibits for the benefit and enrichment of the citizens of this state. (B) As used in this paragraph, the term 'fine arts' means music performed by a symphony orchestra, poetry, photography, ballet, dance, opera, theater, dramatic arts, painting, sculpture, ceramics, drawing, watercolor, graphics, printmaking, and architecture. (C) This paragraph shall stand repealed and reserved on December 31, 2022;"

SECTION 5-3. Said part is further amended in Code Section 48-8-3.2, relating to sales tax exemptions for manufacturers, definitions, exemption, applicability, and examples, by revising paragraph (12) of subsection (e) as follows:
"(12) For the period commencing on July 1, 2021, and ending on June 30, 2026, maintenance and replacement parts for machinery or equipment, stationary or in transit, used to mix, agitate, and transport freshly mixed concrete in a plastic and unhardened

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state, including but not limited to mixers and components, engines and components, interior and exterior operational controls and components, hydraulics and components, all structural components, and all safety components, provided that sales and use taxes on motor fuel used as energy in a concrete mixer truck shall not be exempt or refundable; and"

SECTION 5-4. Said part is further amended by revising Code Section 48-8-3.4, relating to maximum amount of sales and use tax on boats, annual reporting, and termination, as follows:
"48-8-3.4. (a) As used in this Code section, the term:
(1) 'Boat' means a vehicle used or capable of being used as a means of transportation on the water. (2) 'Event' means an uninterrupted period of time beginning when a boat arrives at a maintenance, refit, or repair facility in this state and ending when such boat departs such facility. (b) Notwithstanding any other provision of this article, the maximum amount of sales and use tax imposed and collected to maintain, refit, or repair a boat in this state during a single event shall not exceed $35,000.00. (c) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section, including, but not limited to, calling for an annual report to be issued to the department and the chairpersons of the House Committee on Ways and Means and the Senate Finance Committee that contains the following: (1) The number of full-time and part-time positions created by the seller during the preceding tax year; (2) The average salary of individuals employed in the reported positions; and (3) The total revenue generated and sales and use taxes collected from qualifying events during the preceding year. (d) This Code section shall be automatically repealed on June 30, 2031."

PART VI SECTION 6-1.

Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation and exemptions from state income taxes, is amended by revising Code Section 48-7-29.8, relating to tax credits for the rehabilitation of historic structures, as follows:
"48-7-29.8. (a) As used in this Code section, the term:
(1) 'Certified rehabilitation' means repairs or alterations to a certified structure which are certified by the Department of Community Affairs as meeting the United States Secretary

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of the Interior's Standards for Rehabilitation or the Georgia Standards for Rehabilitation as provided by the Department of Community Affairs. (2) 'Certified structure' means a historic building or structure that is located within a national historic district, individually listed on the National Register of Historic Places, individually listed in the Georgia Register of Historic Places, or is certified by the Department of Community Affairs as contributing to the historic significance of a Georgia Register Historic District. (3) 'Historic home' means a certified structure which, or any portion of which is or will, within a reasonable period, be owned and used as the principal residence of the person claiming the tax credit allowed under this Code section. Historic home shall include any structure or group of structures that constitute a multifamily or multipurpose structure, including a cooperative or condominium. If only a portion of a building is used as such person's principal residence, only those qualified rehabilitation expenditures that are properly allocable to such portion shall be deemed to be made to a historic home. (4) 'Qualified rehabilitation expenditure' means any qualified rehabilitation expenditure as defined by Section 47(c)(2) of the Internal Revenue Code of 1986 and any amount properly chargeable to a capital account expended in the substantial rehabilitation of a structure that by the end of the taxable year in which the certified rehabilitation is completed is a certified structure. This term does not include the cost of acquisition of the certified structure, the cost attributable to enlargement or additions to an existing building, site preparation, or personal property. (5) 'Substantial rehabilitation' means rehabilitation of a certified structure for which the qualified rehabilitation expenditures, at least 5 percent of which must be allocable to the exterior during the 24 month period selected by the taxpayer ending with or within the taxable year, exceed:
(A) For a historic home, the lesser of $25,000.00 or 50 percent of the adjusted basis of the property as defined in subparagraph (a)(1)(B) of Code Section 48-5-7.2; or, in the case of a historic home located in a target area, $5,000.00; or (B) For any other certified structure, the greater of $5,000.00 or the adjusted basis of the property. (6) 'Target area' means a qualified census tract under Section 42 of the Internal Revenue Code of 1986, found in the United States Department of Housing and Urban Development document number N-94-3821; FR-3796-N-01. (b) A taxpayer shall be allowed a tax credit against the tax imposed by this chapter in the year that the certified rehabilitation is placed in service, which may be up to two years after the end of the taxable year for which the credit was originally reserved: (1) In the case of a historic home, equal to 25 percent of qualified rehabilitation expenditures, except that, in the case of a historic home located within a target area, an additional credit equal to 5 percent of qualified rehabilitation expenditures shall be allowed; and

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(2) In the case of any other certified structure, equal to 25 percent of qualified rehabilitation expenditures. Qualified rehabilitation expenditures may only be counted once in determining the amount of the tax credit available, and more than one entity may not claim a credit for the same qualified rehabilitation expenditures. (c)(1) In no event shall credits for a historic home exceed $100,000.00 in any 120 month period. (2) The maximum credit for any other individual certified structure shall be $5 million for any taxable year, except in the case that the project creates 200 or more full-time, permanent jobs or $5 million in annual payroll within two years of the placed in service date, in which case the project is eligible for credits up to $10 million for an individual certified structure. In no event shall more than one application for any individual certified structure under this paragraph be approved in any 120 month period.
(3)(A) Prior to January 1, 2022, in no event shall credits issued under this Code section for projects earning more than $300,000.00 in credits exceed in the aggregate $25 million per calendar year. (B) For calendar year 2022, in no event shall credits issued under this Code section exceed $5 million in aggregate for all projects earning $300,000.00 or less, or $25 million in aggregate for all projects earning more than $300,000.00. (C) On and after January 1, 2023, in no event shall credits be issued under this Code section. (d)(1) A taxpayer seeking to claim a tax credit under paragraph (2) of subsection (b) of this Code section shall submit an application to the commissioner for preapproval of such tax credit. Such application shall include a precertification from the Department of Community Affairs certifying that the improvements to the certified structure are to be consistent with the Department of Community Affairs Standards for Rehabilitation. The Department shall have the authority to require electronic submission of such application in the manner specified by the department. The commissioner shall preapprove the tax credits within 30 days based on the order in which properly completed applications were submitted. In the event that two or more applications were submitted on the same day and the amount of funds available will not be sufficient to fully fund the tax credits requested, the commissioner shall prorate the available funds between or among the applicants. For applications on projects over the annual $25 million limitation, those applications shall be given priority the following year. (2) In order to be eligible to receive the credit authorized under subsection (b) of this Code section, a taxpayer must attach to the taxpayer's state tax return a copy of the completed certification of the Department of Community Affairs verifying that the improvements to the certified structure are consistent with the Department of Community Affairs Standards for Rehabilitation. (e)(1) If the credit allowed under paragraph (1) of subsection (b) of this Code section in any taxable year exceeds the total tax otherwise payable by the taxpayer for that taxable

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year, the taxpayer may apply the excess as a credit for succeeding years until the earlier of:
(A) The full amount of the excess is used; or (B) The expiration of the tenth taxable year after the taxable year in which the certified rehabilitation has been completed. (2) Any tax credits with respect to credits earned by a taxpayer under paragraph (2) of subsection (b) of this Code section and previously claimed but not used by such taxpayer against its income tax may be transferred or sold in whole or in part by such taxpayer to another Georgia taxpayer, subject to the following conditions: (A) A taxpayer who makes qualified rehabilitation expenditures may sell or assign all or part of the tax credit that may be claimed for such costs and expenses to one or more entities, but no further sale or assignment of any credit previously sold or assigned pursuant to this subparagraph shall be allowed. All such transfers shall be subject to the maximum total limits provided by subsection (c) of this Code section; (B) A taxpayer who sells or assigns a credit under this Code section and the entity to which the credit is sold or assigned shall jointly submit written notice of the sale or assignment to the department not later than 30 days after the date of the sale or assignment. The notice must include:
(i) The date of the sale or assignment; (ii) The amount of the credit sold or assigned; (iii) The names and federal tax identification numbers of the entity that sold or assigned the credit or part of the credit and the entity to which the credit or part of the credit was sold or assigned; and (iv) The amount of the credit owned by the selling or assigning entity before the sale or assignment and the amount the selling or assigning entity retained, if any, after the sale or assignment; (C) The sale or assignment of a credit in accordance with this Code section does not extend the period for which a credit may be carried forward and does not increase the total amount of the credit that may be claimed. After an entity claims a credit for eligible costs and expenses, another entity may not use the same costs and expenses as the basis for claiming a credit; (D) Notwithstanding the requirements of this subsection, a credit earned or purchased by, or assigned to, a partnership, limited liability company, Subchapter 'S' corporation, or other pass-through entity may be allocated to the partners, members, or shareholders of that entity and claimed under this Code section in accordance with the provisions of any agreement among the partners, members, or shareholders of that entity and without regard to the ownership interest of the partners, members, or shareholders in the rehabilitated certified structure, provided that the entity or person that claims the credit must be subject to Georgia tax; and

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(E) Only a taxpayer who earned a credit, and no subsequent good faith transferee, shall be responsible in the event of a recapture, reduction, disallowance, or other failure related to such credit. (3) No such credit shall be allowed the taxpayer against prior years' tax liability. (f) In the case of any rehabilitation which may reasonably be expected to be completed in phases set forth in architectural plans and specifications completed before the rehabilitation begins, a 60 month period may be substituted for the 24 month period provided for in paragraph (5) of subsection (a) of this Code section. (g)(1) Except as otherwise provided in subsection (h) of this Code section, in the event a tax credit under this Code section has been claimed and allowed the taxpayer, upon the sale or transfer of the certified structure, the taxpayer shall be authorized to transfer the remaining unused amount of such credit to the purchaser of such certified structure. If a historic home for which a certified rehabilitation has been completed by a nonprofit corporation is sold or transferred, the full amount of the credit to which the nonprofit corporation would be entitled if taxable shall be transferred to the purchaser or transferee at the time of sale or transfer. (2) Such purchaser shall be subject to the limitations of subsection (e) of this Code section. Such purchaser shall file with such purchaser's tax return a copy of the approval of the rehabilitation by the Department of Community Affairs as provided in subsection (d) of this Code section and a copy of the form evidencing the transfer of the tax credit. (3) Such purchaser shall be entitled to rely in good faith on the information contained in and used in connection with obtaining the approval of the credit including, without limitation, the amount of qualified rehabilitation expenditures. (h)(1) If an owner other than a nonprofit corporation sells a historic home within three years of receiving the credit, the seller shall recapture the credit to the Department of Revenue as follows: (A) If the property is sold within one year of receiving the credit, the recapture amount will equal the lesser of the credit or the net profit of the sale; (B) If the property is sold within two years of receiving the credit, the recapture amount will equal the lesser of two-thirds of the credit or the net profit of the sale; or (C) If the property is sold within three years of receiving the credit, the recapture amount will equal the lesser of one-third of the credit or the net profit of the sale. (2) The recapture provisions of this subsection shall not apply to a sale resulting from the death of the owner. (i)(1) In the event that a taxpayer claims the tax credit under paragraph (2) of subsection (b) of this Code section and leases such certified structure, the department shall aggregate all total sales tax receipts from the certified structure. (2) Any taxpayer claiming credits under paragraph (2) of subsection (b) of this Code section shall report to the department the average full-time employees employed at the certified structure. A full-time employee for the purposes of this Code section shall mean

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a person who works a job that requires 30 or more hours per week. Such reports must be submitted to the department for five calendar years following the year in which the credit is claimed by the taxpayer. (3) In the event that a taxpayer claims the tax credit under paragraph (2) of subsection (b) of this Code section and leases such certified structure, the department shall aggregate all total full-time employees at the certified structure. (j) Notwithstanding Code Sections 48-2-15, 48-7-60, and 48-7-61, the department shall furnish a report to the chairperson of the House Committee on Ways and Means and the chairperson of the Senate Finance Committee by June 30 of each year. Such report shall contain the total sales tax collected in the prior calendar year and the average number of full-time employees at the certified structure and the total value of credits claimed for each taxpayer claiming credits under paragraph (2) of subsection (b) of this Code section. (k) The tax credit allowed under paragraph (1) of subsection (b) of this Code section, and any recaptured tax credit, shall be allocated among some or all of the partners, members, or shareholders of the entity owning the project in any manner agreed to by such persons, whether or not such persons are allocated or allowed any portion of any other tax credit with respect to the project. (l) The Department of Community Affairs and the Department of Revenue shall prescribe such regulations as may be appropriate to carry out the purposes of this Code section. (m) The Department of Community Affairs shall report, on an annual basis, on the overall economic activity, usage, and impact to the state from the rehabilitation of eligible properties for which credits provided by this Code section have been allowed. (n) This Code section shall stand repealed and reserved by operation of law on December 31, 2022."

SECTION 6-2. Section 2 of Ga. L. 2015, p. 1340, approved May 12, 2015, is hereby repealed in its entirety.

PART VII SECTION 7-1.

Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising paragraph (3) of subsection (a) of Code Section 48-7-40.12, relating to tax credit for qualified research expenses, as follows:
"(3) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, broadcasting, tourism, and research and development industries. Such term shall not include retail businesses. Any business or the headquarters of any such business that otherwise meets the definition of a business enterprise shall not be considered a retail business due to the retail activities of any of its affiliate entities, as such term is defined in subsection (a) of Code Section 48-7-42."

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SECTION 7-2. Said title is further amended by revising paragraph (68) of Code Section 48-8-3, relating to exemptions, as follows:
"(68)(A) The sale or lease of computer equipment to be incorporated into a facility or facilities in this state to any high-technology company classified under the 2017 North American Industrial Classification System code 334413, 334614, 511210, 517311, 517312, 517410, 517911, 517919, 518210, 522320, 541330, 541511, 541512, 541513, 541519, 541713, 541715, or 541720 where such sale of computer equipment for any calendar year exceeds $15 million or, in the event of a lease of such computer equipment, the fair market value of such leased computer equipment for any calendar year exceeds $15 million. (B) Any person making a sale or lease of computer equipment to a high-technology company as specified in subparagraph (A) of this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes such seller with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the computer equipment without paying the tax. As a condition precedent to the issuance of the certificate, the commissioner, at such commissioner's discretion, may require a good and valid bond with a surety company authorized to do business in this state as surety or may require legal securities, in an amount fixed by the commissioner, conditioned upon payment by the purchaser of all taxes due under this article in the event it should be determined that the sale fails to meet the requirements of this subparagraph.
(C)(i) As used in this paragraph, the term 'computer equipment' means any individual computer or organized assembly of hardware or software, such as a server farm, mainframe or midrange computer, mainframe driven high-speed print and mailing devices, and workstations connected to those devices via high bandwidth connectivity such as a local area network, wide area network, or any other data transport technology which performs one of the following functions: storage or management of production data, hosting of production applications, hosting of application systems development activities, or hosting of applications systems testing. (ii) The term shall not include:
(I) Telephone central office equipment or other voice data transport technology, including any wireline or wireless telecommunication system; or (II) Equipment with imbedded computer hardware or software which is primarily used for training, product testing, or in a manufacturing process. (D) Any corporation, partnership, limited liability company, or any other similar entity which qualifies for the exemption and is affiliated in any manner with a nonqualified corporation, partnership, limited liability company, or any other similar entity must conduct at least a majority of its business with entities with which it has no affiliation. (E) Each high-technology company that has been issued a certificate of exemption pursuant to this paragraph shall report annually to the commissioner a list of the

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facilities for which all computer equipment exempted by this paragraph during the preceding calendar year was incorporated, as well as the amount of taxes exempted under this paragraph during the preceding calendar year. Such report shall be filed within 90 days after the end of the calendar year for which the high-technology company utilized a certificate of exemption pursuant to this paragraph and shall be subject to the confidentiality provisions of Code Section 48-2-15. The commissioner shall not issue a certificate of exemption under this paragraph for the calendar year next succeeding the reporting date to any high-technology company that has failed to comply with the reporting required by this subparagraph. (F) The commissioner shall promulgate such rules and regulations as are necessary to implement the provisions of this paragraph. (G) This paragraph shall stand repealed and reserved by operation of law at the last moment of June 30, 2023."

PART VIII SECTION 8-1.

This Act shall become effective on July 1, 2021.

SECTION 8-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 4, 2021.

__________

REVENUE AND TAXATION JOINT COUNTY AND MUNICIPAL SALES AND USE TAX; LEVY BY CONSOLIDATED GOVERNMENTS; USE OF PROCEEDS; PAYMENTS IN LIEU OF TAXES; SUNSET AND RENEWAL; REFERENDA.

No. 167 (House Bill No. 575).

AN ACT

To amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales and use tax, so as to provide for the levy of the joint county and municipal sales and use tax by consolidated governments and use of proceeds of such tax; to provide for payments in lieu of taxes; to provide for sunset provisions and renewals; to provide for referenda; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal sales and use tax, is amended by adding a new Code section to read as follows:
"48-8-97. (a) With respect to any consolidated government created by the consolidation of a county and one or more municipalities and where the tax authorized by this article is in effect, the provisions of this Code section shall control over any conflicting provisions of Article 1 of this chapter or this article. (b) In a special district containing a consolidated government referred to in subsection (a) of this Code section, the rate of tax imposed under this article may be increased from 1 percent to 2 percent if such increase is approved by:
(1) A resolution of the governing authority of the consolidated government in the same manner as otherwise required for the initial 1 percent sales tax pursuant to Code Section 48-8-84; and (2) A referendum conducted in the same manner as otherwise required for the initial 1 percent sales tax pursuant to Code Section 48-8-85, except that the ballot shall have written or printed thereon the following:
'( ) YES Shall the retail sales and use tax levied within the special district within ( ) NO __________ County be increased from 1 percent to 2 percent?'
(c) Such increased tax rate shall become effective 60 days after the date of the election at which such increase was approved by the voters.
(d)(1) Any consolidated government that imposes the tax authorized by subsection (b) of this Code section shall:
(A) Only expend the proceeds of such tax in accordance with the provisions of paragraph (2) of this subsection; and (B) Annually reduce the millage rate for ad valorem taxation of tangible property within the consolidated government to the extent required by paragraph (2) of this subsection. (2)(A) As a condition precedent for authority to levy the tax or to collect any proceeds from the tax authorized by this article for the year following the initial year in which it is levied, the consolidated government whose geographical boundary is conterminous with that of the special district and each qualified municipality therein receiving any proceeds of the tax shall reduce the millage rate for ad valorem taxation of tangible property within such political subdivisions by five mills. (B) For all subsequent years, the consolidated government whose geographical boundary is conterminous with that of the special district and each qualified municipality therein receiving any proceeds of the tax shall adjust annually the millage

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rate for ad valorem taxation of tangible property within such political subdivisions as provided in this subsection. The governing authority shall compute the millage rate necessary to produce revenue from taxation of tangible property in its respective political subdivision which, when combined with other revenues reasonably expected to be received by the political subdivision during the year, other than revenues derived from the tax imposed pursuant to this article, would provide revenues sufficient to defray the expenses of the political subdivision for the year. The millage rate so ascertained shall then be reduced by the number of mills per dollar which, if levied against the tangible property within the political subdivision, would produce an amount equal to the distribution of the proceeds of the tax imposed by this article which were received by the political subdivision during the preceding year. (e) The tax increase authorized by subsection (b) of this Code section shall cease to be imposed on the earlier of: (1) The final day of the fifth calendar year following the year in which the increased tax rate became effective and levied; or (2) As provided for in subsections (g) and (f) of this Code section. (f)(1) Such increased tax rate may be decreased from 2 percent to 1 percent if such decrease is approved by: (A) A resolution of the governing authority of the consolidated government in the same manner as otherwise required under Code Section 48-8-92; and (B) A referendum conducted in the same manner as otherwise required for discontinuation of the tax under Code Section 48-8-92, except that the ballot shall have written or printed thereon the following:
'( ) YES Shall the retail sales and use tax levied within the special district within ( ) NO ___________ County be decreased from 2 percent to 1 percent?'
(2) Such decreased tax rate as provided for in this subsection shall become effective on the first day of the second calendar quarter following the month in which the commissioner receives certification of the result of the election. (g)(1) Between 365 and 180 days prior to the expiration of the tax increase authorized by this Code section pursuant to paragraph (1) of subsection (e) of this Code section, or prior to any renewal of the tax increase pursuant to this subsection, the governing authority of the consolidated government may elect to renew the term of the increased tax rate another five years if such renewal is approved by:
(A) A resolution of the governing authority of the consolidated government in the same manner as otherwise required under Code Section 48-8-92; and (B) A referendum conducted in the same manner as otherwise required for discontinuation of the tax under Code Section 48-8-92, except that the ballot shall have written or printed thereon the following:
'( ) YES Shall the retail sales and use tax levied within the special district within ( ) NO ___________ County be renewed at 2 percent?'

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(2) If a term for the increased tax rate is approved and renewed, this renewed term for the increased tax rate shall become effective the first day of the calendar year following the expiration of the previous increased tax rate term as described in paragraph (1) of subsection (e) of this Code section. (3) Any renewed term for the increased tax rate is subject to the condition precedent as described in paragraph (2) of subsection (d) of this Code section, provided that the proceeds of such tax shall be expended in accordance with the provisions of subparagraph (d)(2)(B) of this Code section during the entirety of any subsequent renewed terms. (h) In all respects not otherwise provided for in this Code section, the levy of a tax under this article by a consolidated government referred to in subsection (a) of this Code section shall be in the same manner as the levy of the tax by any other county. (i) If any tax authorized under this article is to be newly imposed in the county whose geographical boundary is conterminous with that of the special district containing a consolidated government, for any rental, lease, or other agreement related to property in the special district that is in effect at the time of levy of such tax, or may be entered into subsequently, which utilizes the millage rate of any such political subdivision or the consolidated government in calculating payments in lieu of taxes payable by the tenant, lessee, or occupant, no reduction as set forth in subsection (d) of this Code section in the millage rate for ad valorem taxes of any political subdivision or consolidated government resulting from the tax authorized under this article shall apply to such agreements, unless the parties thereto specifically have provided that the effects of the tax to be imposed under this article be included in said calculations."

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

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

Approved May 4, 2021.

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PUBLIC OFFICERS AND EMPLOYEES GEORGIA STATE INDEMNIFICATION FUND; REVISE WHEN INDEMNIFICATION
SHALL BE PAID IN CERTAIN INSTANCES.

No. 168 (Senate Bill No. 60).

AN ACT

To amend Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the Georgia State Indemnification Fund, so as revise when indemnification shall be paid in instances of a heart attack, stroke, or vascular rupture suffered by a public safety officer resulting in certain disabilities or death; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the Georgia State Indemnification Fund, is amended by revising Code Section 45-9-85, relating to payment of indemnification for death or disability, procedure for making payments, and appeal, as follows:
"45-9-85. (a) As used in this Code section, the term:
(1) 'Nonroutine stressful or strenuous physical activity' means actions that are not clerical, administrative, or nonmanual in nature. (2) 'Public safety officer' means a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, state highway employee, or prison guard. (3) 'Work related activity' means, while in the line of duty:
(A) Engaging in a situation involving nonroutine stressful or strenuous physical activity related to law enforcement, fire suppression, rescue, hazardous material response, emergency medical services, prison or jail security, disaster relief, or any other emergency response as classified by the commission; or (B) Participating in a training exercise involving nonroutine stressful or strenuous physical activity. (b) Indemnification shall be paid under this article as follows: (1) In the case of a partial permanent disability suffered in the line of duty by a public safety officer, the eligible disabled person may elect payment of $35,000.00 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;

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(2) In the case of a total permanent disability suffered in the line of duty by a public safety officer, the injured person may elect to receive a payment of $75,000.00 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;
(3)(A) In the case of death suffered in the line of duty by a public safety officer, 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; or (4) A heart attack, stroke, or vascular rupture suffered by a public safety officer shall be presumed to qualify such public safety officer under this subsection if the heart attack, stroke, or vascular rupture: (A) Commenced: (i) While such public safety officer was performing work related activity; (ii) While such public safety officer was on duty after performing work related activity; or (iii) Not later than 24 hours after performing work related activity; and (B) Directly or proximately resulted in the death or partial or permanent disability of the public safety officer, unless competent medical evidence established that the heart attack, stroke, or vascular rupture was not related to the work related activity or was directly or proximately caused by something other than the mere presence of cardiovascular disease risk factors. (c) After the department, or the commission upon review of a denial by the department, determines that a public safety officer has suffered a total permanent disability, a partial permanent disability, organic brain damage, or death in the line of duty, the department shall be authorized to make the appropriate payments as provided in subsection (b) of this Code section. (d) If the department denies a claim, any person seeking benefits pursuant to this part may appeal the department's decision to the commission. Any such appeal shall be filed with

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the commission within 60 days of receipt of the department's decision and shall identify the errors in the department's decision. Appeals shall be considered by the commission at the commission's semiannual meeting as provided in Code Section 45-9-84."

SECTION 2. Said part is further amended by revising Code Section 45-9-88, relating to indemnification not to be awarded when penal violation, suicide, intentionally self-inflicted injuries, natural causes, or performance of certain routine duties caused or contributed to death or disability, as follows:
"45-9-88. (a) No indemnification shall be awarded to any person otherwise entitled thereto who violates a penal law of this state which violation caused or contributed to the death or disability of the officer. (b) Notwithstanding any other provision of this article, no payment shall be authorized if death, organic brain damage, total permanent disability, or partial permanent disability occurs from suicide, intentionally self-inflicted injuries, natural causes, or the performance of routine duties which would not be considered strenuous or dangerous by a reasonable person, except as provided for in subsection (b) of Code Section 45-9-85."

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

Approved May 4, 2021.

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REVENUE AND TAXATION TITLE AD VALOREM TAX; REVISE FAIR MARKET VALUE DEFINITION.

No. 169 (House Bill No. 63).

AN ACT

To amend Chapter 5C of Title 48 of the Official Code of Georgia Annotated, relating to alternative ad valorem tax on motor vehicles, so as to revise the definition of fair market value of the motor vehicle to exclude certain interest and financing charges for leased motor vehicles; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5C of Title 48 of the Official Code of Georgia Annotated, relating to alternative ad valorem tax on motor vehicles, is amended by revising paragraph (1) of subsection (a) of Code Section 48-5C-1, relating to definitions, exemption from taxation, allocation and disbursement of proceeds collected by tag agents, fair market value of vehicle appealable, and report, as follows:
"(1) 'Fair market value of the motor vehicle' means: (A) For a used motor vehicle purchased from a new or used car dealer other than under a seller financed sale arrangement, the retail selling price of the motor vehicle, less any reduction for the trade-in value of another motor vehicle; (B)(i) For a used motor vehicle purchased from a person other than a new or used car dealer or a used motor vehicle purchased under a seller financed sale arrangement, the average of the current fair market value and the current wholesale value of a motor vehicle for a vehicle listed in the current motor vehicle ad valorem assessment manual utilized by the state revenue commissioner and based upon a nationally recognized motor vehicle industry pricing guide for fair market and wholesale market values in determining the taxable value of a motor vehicle under Code Section 48-5-442; provided, however, that, if the motor vehicle is not listed in such current motor vehicle ad valorem assessment manual, the fair market value shall be the value from a reputable used car market guide designated by the commissioner and, in the case of a motor vehicle purchased from a new or used car dealer under a seller financed sale arrangement, less any reduction for the trade-in value of another motor vehicle; (ii) Upon written application and supporting documentation submitted by an applicant under this Code section, a county tag agent may deviate from the fair market value as defined in division (i) of this subparagraph based upon mileage and condition of the used vehicle. Supporting documentation may include, but not be limited to, bill of sale, odometer statement, and values from reputable pricing guides. The fair market value as determined by the county tag agent pursuant to this subparagraph shall be appealable as provided in subsection (e) of this Code section; (C) Reserved; (D) For a new motor vehicle, the retail selling price, less any reduction for the trade-in value of another motor vehicle and any rebate. The retail selling price shall include any charges for labor, freight, delivery, dealer fees and similar charges, tangible accessories, dealer add-ons, and mark-ups, but shall not include any federal retailers' excise tax or extended warranty, service contract, maintenance agreement, or similar products itemized on the dealer's invoice to the customer or any finance, insurance, and interest charges for deferred payments billed separately. No reduction for the trade-in value of another motor vehicle shall be taken unless the name of the owner and the vehicle identification number of such trade-in motor vehicle are shown on the bill of sale;

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(E) For a motor vehicle that is leased: (i) In the case of a motor vehicle that is leased to a lessee for use primarily in the lessee's trade or business and for which the lease agreement contains a provision for the adjustment of the rental price as described in Code Section 40-3-60, the agreed upon value of the motor vehicle less any reduction for the trade-in value of another motor vehicle and any rebate; (ii) In the case of a motor vehicle that is leased other than described in division (i) of this subparagraph, the total of the depreciation plus any amortized amounts pursuant to the lease agreement plus any down payments; and (iii) The term 'any down payments' as used in this subparagraph shall mean cash collected from the lessee at the inception of the lease which shall include cash supplied as a capital cost reduction; shall not include rebates, noncash credits, or net trade allowances; and shall include any upfront payments collected from the lessee at the inception of the lease except for taxes or fees imposed by law and monthly lease payments made in advance; or
(F) For a kit car which is assembled by the purchaser from parts supplied by a manufacturer, the retail selling price of the kit. A kit car shall not include a rebuilt or salvage vehicle."

SECTION 2. This Act shall become effective on January 1, 2022.

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

Approved May 4, 2021.

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COURTS REQUIRES OATH FOR CERTAIN CLERKS OF THE PROBATE COURT.

No. 170 (House Bill No. 97).

AN ACT

To amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties, so as to require and to provide for an oath for certain clerks of the probate court; 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 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties, is amended by revising Code Section 15-9-36, relating to judges of probate courts as clerks thereof, chief clerk, powers of clerks, and uncontested matters, as follows:
"15-9-36. (a) The judges of the probate courts are, by virtue of their offices, clerks of their own courts; but they may appoint one or more clerks, for whose conduct they are responsible, who hold their offices at the pleasure of the judge. The judges of the probate courts shall also have the authority to appoint one of their clerks as chief clerk of the probate judge unless otherwise provided by local law. Any individual appointed as chief clerk shall take the oath provided for under subsection (d) of this Code section. (b) The appointed clerks, including the chief clerk of the probate judge, may do all acts the judges of the probate courts could do which are not judicial in their nature. The chief clerk of the probate judge shall also have the authority prescribed in Code Section 15-9-10.
(c)(1) In addition to other powers granted to appointed clerks, the chief clerk of the probate judge or, if there is no chief clerk, a clerk designated by the judge may exercise all the jurisdiction of the judge of the probate court concerning uncontested matters in the probate court. Such clerk may exercise such power regardless of whether the judge of the probate court is present and shall take the oath provided for under subsection (d) of this Code section. (2) The powers granted by paragraph (1) of this subsection shall be exercised only by a chief clerk or designated clerk who has been a member of the State Bar of Georgia for at least three years or has been a clerk in the probate court for at least five years. (d)(1) Any individual appointed as chief clerk or as a designated clerk under paragraph (1) of subsection (c) of this Code section shall take the oath required of all civil officers and, in addition, the following oath:
'I do swear that I will well and faithfully discharge the duties of (chief clerk or designated clerk) of the probate court for the County of _____________, during my continuance in office, according to law, to the best of my knowledge and ability, without favor or affection to any party. So help me God.' (2) The oath provided for under paragraph (1) of this subsection shall be taken by such individual prior to discharging of his or her duties, shall be administered by the judge of the probate court, and, the taking of which, shall be recorded in the minutes of the probate court."

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

Approved May 4, 2021.

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STATE GOVERNMENT MEETINGS AND PUBLIC HEARINGS BY TELECONFERENCE IN EMERGENCY CONDITIONS..

No. 171 (House Bill No. 98).

AN ACT

To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide conditions for meetings and public hearings to be held by teleconference in emergency conditions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising subsection (g) of Code Section 50-14-1, relating to meetings to be open to public, limitation on action to contest agency action, recording, notice of time and place, access to minutes, and teleconference, as follows:
"(g)(1) As used in this paragraph, emergency conditions shall include declarations of federal, state, or local states of emergency; provided, however, that no such declaration shall be necessary for an agency as defined by subparagraph (A) of paragraph (1) of subsection (a) of this Code section to find that emergency conditions exist thereby necessitating meeting by teleconference. (2) Under circumstances necessitated by emergency conditions involving public safety or the preservation of property or public services, agencies or committees thereof not otherwise permitted by subsection (f) of this Code section to conduct meetings by teleconference may meet by means of teleconference so long as the notice required by this chapter is provided and means are afforded for the public to have simultaneous access to the teleconference meeting. The participation by teleconference of members of agencies or committees means full participation in the same manner as if such members were physically present. In the event such teleconference meeting is a public hearing, members of the public must be afforded the means to participate fully in the same manner as if such members of the public were physically present.

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(3) On any other occasion of the meeting of an agency or committee thereof, and so long as a quorum is present in person, a member may participate by teleconference if necessary due to reasons of health or absence from the jurisdiction so long as the other requirements of this chapter are met. Absent emergency conditions or the written opinion of a physician or other health professional that reasons of health prevent a member's physical presence, no member shall participate by teleconference pursuant to this subsection more than twice in one calendar year."

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

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

Approved May 4, 2021.

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MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS AUTHORIZE PAY FOR CERTAIN ACTIVE DUTY BY THE ORGANIZED MILITIA.

No. 172 (House Bill No. 105).

AN ACT

To amend Part 3 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to pay, pensions, and allowances of state military personnel, so as to authorize pay for certain active duty by the organized militia; 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 3 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to pay, pensions, and allowances of state military personnel, is amended by revising subsection (a) of Code Section 38-2-250, relating to pay while on active service, special duty, travel expenses, and minimum base pay, as follows:
"(a) Each member of the militia ordered into the active service of the state pursuant to Code Sections 38-2-6, 38-2-6.1, and 38-2-72 or Code Section 45-12-31 or 45-12-34, shall

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receive for each day of such duty the same pay and allowances received by members of the appropriate force of the armed forces of the United States of corresponding grade, rating, and length of service."

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

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

Approved May 4, 2021.

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PUBLIC OFFICERS AND EMPLOYEES GEORGIA STATE INDEMNIFICATION FUND; COVERAGE FOR STATE DEFENSE FORCE.

No. 173 (House Bill No. 106).

AN ACT

To amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia State Indemnification Fund, so as to provide coverage for members of the State Defense Force; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia State Indemnification Fund, is amended by revising paragraph (7) as follows:
"(7) 'Law enforcement officer' means any agent or officer of this state, a political subdivision or municipality of this state, or an authority of this state or a political subdivision of this state who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws with the power of arrest and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated

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by the commissioner of juvenile justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8 who have the duty to investigate and apprehend delinquent children, or the supervision of delinquent children under intensive supervision in the community, and any child with a pending juvenile court case alleging the child to be a child in need of services who has escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who has broken the conditions of supervision. Such term also includes members of the Georgia National Guard and the State Defense Force, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor."

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

Approved May 4, 2021.

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BANKING AND FINANCE FINANCIAL INSTITUTIONS; COMPREHENSIVE REVISION OF PROVISIONS REGARDING; INSTALLMENT LOANS; CERTAIN DEFERMENTS; CITATIONS; UPDATE PROVISIONS.

No. 174 (House Bill No. 111).

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 update terminology; to remove outdated language; to provide for a name reservation period; to clarify requirements for certain background checks; to clarify restrictions on nomenclature; to provide for remote participation for shareholder and member meetings; to provide for remote board meetings; to provide requirements for merger, share exchange, or consolidation by a national bank; to update requirements for articles of merger, share exchange, or consolidation; to remove a consideration for approval of merger, share exchange, or consolidation; to provide requirements for merger or consolidation resulting in a bank or trust company not chartered by the department; to remove authorization for national bank to state bank or trust company mergers or consolidations; to repeal authority for merger, consolidation, or share exchange of nonbank corporations into national banks; to update cross-references; to remove a requirement related to interstate merger transactions; to provide requirements for out-of-state banks establishing branches and de novo branches; to repeal a notice requirement for merger, consolidation, or other transaction involving out-of-state banks; to provide for remote meetings of credit union members; to provide for expulsions of

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credit union members; to provide for procedures and requirements for approval of credit union mergers and certain conversions; to amend Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to installment loans, so as to provide for deferments of installment loans; 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 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 subsections (b) and (d) of Code Section 7-1-131, relating to reservation of name, as follows:
"(b) Such reservation may be made by filing with the department a letter form application to reserve a specified name. If the department concludes that the use of the name complies with the requirements of Code Section 7-1-130, is otherwise consistent with the purposes and provisions of this chapter, and is distinguishable upon the records of the Secretary of State from the name of any other corporation, limited partnership, or limited liability company, it shall approve the name and notify the Secretary of State to issue such name reservation." "(d) Notwithstanding any other provisions of law, the process set forth in this Code section shall be the exclusive process for reserving the corporate name of a financial institution. Such reservation shall be valid for a period of six months."

SECTION 2. Said chapter is further 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 exercises control of a person that submits an application for approval 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 exercises control of a person that submits an application for approval under Code Section 7-1-232, and such individual 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 exercises control of a person that submits an application for approval pursuant to Code Section 7-1-232 shall be responsible for all fees associated with the performance of such criminal background check. Upon receipt of fingerprints, fees, and other required information, the Georgia Crime Information Center shall transmit the necessary information to the Federal Bureau of Investigation for a search of its records; or"

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SECTION 3. Said chapter is further amended by revising subsections (a) and (a.1) of Code Section 7-1-243, relating to restrictions on banking and trust nomenclature, as follows:
"(a) Except as provided in subsection (c) of this Code section, no person or corporation except a bank, a national bank, a bank as defined in Code Section 7-1-628.1, a corporation lawfully owning the majority of the voting stock of a bank, a national bank, or a bank as defined in Code Section 7-1-628.1, or a subsidiary of such bank, national bank, bank as defined in Code Section 7-1-628.1, or corporation shall use the words 'bank,' 'banker,' 'banking company,' 'banking house,' or any other similar name indicating that the business done is that of a bank upon any sign at its place of business or elsewhere, or upon any of its letterheads, billheads, blank checks, blank notes, receipts, certificates, circulars, advertisements, or any other written or printed matter. (a.1) Except as provided in subsection (c) of this Code section, no person or corporation except a credit union, a federal credit union, or credit union chartered by another state whose deposits are federally insured, or a subsidiary of such credit union, federal credit union, or credit union chartered by another state whose deposits are federally insured shall use the words 'credit union,' or any other similar name indicating that the business done is that of a credit union upon any sign at its place of business or elsewhere, or upon any of its letterheads, billheads, blank checks, blank notes, receipts, certificates, circulars, advertisements, or any other written or printed matter."

SECTION 4. Said chapter is further amended by revising subsection (e) of Code Section 7-1-293, relating to savings banks and state savings and loan associations, as follows:
"(e) The conversion, merger, or consolidation of a federal savings and loan association or federal savings bank, including a federal mutual savings and loan association or federal mutual savings bank, shall be accomplished pursuant to the same procedures as are prescribed in this chapter for a conversion, merger, or consolidation involving a national bank, provided that the approval of such conversion by the members of such association or bank shall be by such vote as is required in the articles of association and bylaws of such association or bank. A federal mutual savings and loan association or federal mutual savings bank shall upon conversion be and be known as a mutual savings bank. In considering any plan for the conversion, merger, or consolidation of a federal savings and loan association or federal savings bank, the department shall not approve the plan unless it is satisfied that such plan is fair and equitable to all borrowers, depositors, and shareholders."

SECTION 5. Said chapter is further amended by revising subsection (a) of Code Section 7-1-432, relating to meetings of shareholders, as follows:

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"(a)(1) Except as provided in paragraph (3) of this subsection, meetings of the shareholders of a bank or trust company shall be held in person at such place within or without the state as shall be fixed by the bylaws or by the board of directors pursuant to the bylaws or, if not so fixed, at the main office of the bank or trust company. (2) Shareholders may participate and vote remotely at meetings of the shareholders if the bylaws of the bank or trust company explicitly provide an option for remote participation and voting. If the bylaws so provide, the board of directors shall:
(A) Implement reasonable measures to: (i) Provide shareholders a reasonable opportunity to remotely participate in such meetings. Such measures may include, but are not limited to, audio webcast or other broadcast of the meeting but, in every instance, shall provide shareholders the ability to communicate substantially concurrently with the proceedings; (ii) Enable shareholders to vote or grant proxies at such meetings by means of electronic communication. Such measures may include, but are not limited to, telephonic or internet voting; and (iii) Verify that each person deemed present and permitted to vote remotely is a shareholder of record in order to ensure the integrity of the vote;
(B) Provide the option for remote participation and voting at no cost to shareholders; and (C) Keep a record of remote attendance by shareholders and any vote or other action taken by a shareholder participating remotely. (3) In the event of a proclaimed emergency pursuant to Code section 7-1-111, the board of directors may apply to the department for authorization to conduct a meeting of the shareholders solely through remote participation. If such application is approved by the department, the board of directors shall comply with the requirements in paragraph (2) of this subsection."

SECTION 6. Said chapter is further amended by revising subsection (b) of Code Section 7-1-483, relating to meetings of board, quorum, committees, and acting without meeting, as follows:
"(b) Unless otherwise provided in the articles or bylaws: (1) A majority of all the directors in office shall constitute a quorum for the transaction of business; and actions of a majority of those present at a meeting at which a quorum is present shall be actions of the board; (2) The board of directors may designate three or more of its number to constitute an executive committee or other committees which, to the extent provided in such resolution, shall have and exercise the authority of the board of directors in regard to the business of the bank or trust company; (3) Any action which may be taken at a meeting of the directors or of the members of an executive or other committee may be taken without a meeting if a consent or consents in writing setting forth the action shall be signed by all of the directors or all of the members

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of the executive or other committee and filed with the secretary of the bank or trust company; and (4) The board of directors may determine that a meeting of such board will be held, in whole or in part, by any means of communication by which all directors participating may simultaneously hear each other during the meeting. A director participating in a meeting by this means shall be considered to be present in person at the meeting."

SECTION 7. Said chapter is further amended by revising subsections (d) and (f) 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:
"(d) A merger, share exchange, or consolidation across state lines shall also be subject to the provisions of Part 20 of this article." "(f) As used in this part, the term:
(1) 'Bank' includes a national bank or trust company with its main office in this state if such national bank or trust company is merging with a Georgia state bank or trust company. (2) 'Share exchange' means a plan of exchange of all of the outstanding shares of one or more classes or series of shares in accordance with this part."

SECTION 8. Said chapter is further amended in subsection (a) of Code Section 7-1-531, relating to requirements for merger, share exchange, or consolidation plan and modification of plan, by renumbering the existing paragraph (3) as paragraph (4) and adding a new paragraph to read as follows:
"(3) If any party is a national bank, then the adoption of the plan shall comply with the applicable laws of such national bank's chartering entity, including, but not limited to, any provisions related to the adoption of such plan by the shareholders and directors of the bank and to the dissenting rights of shareholders of the bank."

SECTION 9.
Said chapter is further amended by revising paragraph (4) of subsection (b) and
subsection (e) of Code Section 7-1-532, relating to execution, contents, and filing of articles
of merger, share exchange, or consolidation, notice, and filing amendment, as follows: "(4) The name and county of residence of each director of the resulting bank or trust company or each director of the acquired corporation in a share exchange;"
"(e) The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper."

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SECTION 10. Said chapter is further amended in Code Section 7-1-534, relating to approval or disapproval by department, by revising paragraph (4) of subsection (a) and adding a new subsection to read as follows:
"(4) The merger, share exchange, or consolidation would be consistent with adequate and sound banking or fiduciary practice and in the public interest on the basis of:
(A) The financial history and condition of the parties to the plan; (B) The proposed business plan; and (C) The character of their management." "(c)(1) If a merger or consolidation would result in a bank or trust company that would not be chartered by the department, prior to the consummation of the merger or consolidation, the bank or trust company shall: (A) Notify the department of the proposed merger or consolidation; (B) Provide such evidence of the adoption of the plan of merger or consolidation as the department may request; (C) Notify the department of any abandonment or disapproval of the plan of merger or consolidation; and (D) File with the department and the Secretary of State a certificate of the approval of the merger or consolidation by the appropriate regulator. (2) Upon receipt of written confirmation from the department that the requirements of this subsection have been satisfied, each party to the merger or consolidation, except the resulting bank or trust company, shall cease to exist as a separate entity, as provided in subsection (c) of Code Section 7-1-536, and its articles shall automatically terminate."

SECTION 11. Said chapter is further amended by revising subsection (a) of Code Section 7-1-535, relating to procedure after approval by department, federal approval or disapproval, and issuance of certificate of merger, share exchange, or consolidation, as follows:
"(a) If the laws of the United States require the approval of the merger, share exchange, or consolidation by any federal agency, the department may elect to not act on the application until it receives notice of the decision of such agency."

SECTION 12. Said chapter is further amended by revising Code Section 7-1-550, relating to authority for national bank or federal savings bank to state bank or trust company conversions, mergers, and consolidations, activities across state lines, and conversion of federal savings bank to state bank, as follows:
"7-1-550. (a) Subject to this part and any applicable branching law or regulation, a national bank may convert to a bank or trust company upon:

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(1) Compliance with the applicable laws of the United States, including any provisions thereof relating to approval of said conversion by the shareholders and directors of the national bank and to dissenting rights of shareholders in such national bank, and compliance with any other requirements prescribed by the department to protect the shareholders or members or the safety and soundness of the institution; (2) Reserved; (3) Approval of the conversion by the department as provided in this part; and (4) Issuance of the appropriate certificate by the Secretary of State as provided in this part. (b) Reserved. (c) A federal savings bank may apply to the department to convert to a state charter. The provisions of Code Section 7-1-293 shall apply to the resulting bank, and the conversion procedure shall be the same as for national bank conversions."

SECTION 13. Said chapter is further amended in Code Section 7-1-551, relating to national bank to state bank or trust company conversions, mergers, and consolidations, and articles of conversion, merger, or consolidation, by deleting subsection (c) and by revising subsection (a) and paragraph (5) of subsection (b) as follows:
"(a) The party or parties desiring to consummate a conversion authorized by Code Section 7-1-550 shall, upon requisite approval of the plan by their directors and shareholders, file with the department articles of conversion together with the fee required by Code Section 7-1-862."
"(5) The name and county of residence of each director of the resulting bank or trust company;"

SECTION 14. Said chapter is further amended by revising Code Section 7-1-552, relating to national bank to state bank or trust company conversions, mergers, and consolidations, filings with department, and publication of notice, as follows:
"7-1-552. In the case of a conversion, the national bank shall file with the department: (1) Information desired by the department in order to evaluate the proposed conversion, in the form specified by the department; (2) Applicable fees established by regulation of the department to defray the expenses of its investigation under Code Section 7-1-553; and (3) A certificate of the Secretary of State showing that the proposed name of the resulting bank or trust company has been reserved under Code Section 7-1-131."

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SECTION 15. Said chapter is further amended by revising Code Section 7-1-553, relating to national bank to state bank or trust company conversions, mergers, and consolidations, approval or disapproval by department, and federal approval or disapproval, as follows:
"7-1-553. (a) In the case of a conversion, the department shall conduct such investigation as it may deem necessary to ascertain whether:
(1) The articles of conversion and supporting items satisfy the requirements of this chapter; (2) The plan adequately protects the interests of depositors, other than creditors and shareholders; and (3) The requirements for a conversion under all applicable laws have been satisfied and the resulting institution would satisfy the requirements of this chapter applicable to it. (b) Within 90 days after receipt of the articles and the filings required by Code Section 7-1-552, the department shall, in its discretion, approve or disapprove the articles on the basis of its investigation and the criteria set forth in subsection (a) of this Code section. If the department shall approve the articles, it shall deliver its written approval with a copy of the articles attached to the Secretary of State and notify the national bank, and any other parties to the plan, of its action, provided that, if approval of any federal agency is required, the department may elect to not act on the application until such federal approval is given. If the department shall disapprove, at its option, the application, it shall give written notice to the national bank and any other parties to the plan of its disapproval and a statement to them generally of the reasons for its decision. The decision of the department shall be conclusive, except that it may be subject to judicial review under Code Section 7-1-90."

SECTION 16. Said chapter is further amended by revising Code Section 7-1-554, relating to national bank to state bank or trust company conversions, mergers, and consolidations, issuance of certificate of conversion, consolidation, or merger, as follows:
"7-1-554. If all the taxes, fees, and charges required by law shall have been paid and if the name of the resulting bank or trust company continues to be reserved or is available on the records of the Secretary of State, upon the receipt of the written approval of the department, the Secretary of State shall immediately issue to the resulting bank or trust company a certificate of conversion and shall retain a copy of such certificate, the articles, and the approval from the department."

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SECTION 17. Said chapter is further amended by revising Code Section 7-1-555, relating to national bank to state bank or trust company conversions, mergers, and consolidations and effect of issuance of certificate, as follows:
"7-1-555. Issuance of a certificate of conversion shall have the following effect:
(1) As of the issuance of the certificate of conversion by the Secretary of State, the conversion shall become effective; (2) The certificate of conversion shall be conclusive evidence of the performance of all conditions required by this chapter for conversion of a national bank to a state bank or trust company, except as against the state; (3) When a conversion becomes effective, the existence of the national bank shall continue in the resulting bank or trust company which shall have (except as provided in paragraph (2) of this subsection), without further act or deed, all the property, rights, powers, trusts, duties, and obligations of the national bank; (4) The articles of the resulting institution shall be the provisions stated in the articles of conversion; (5) The bank or trust company shall have the authority to engage only in such lines of business and activities and exercise only such powers or hold such assets as are then permissible upon original incorporation under this chapter and shall be subject to the same prohibitions and limitations as it would then be subject to upon original incorporation; provided, however, that if the converting institution owns or holds assets, engages in any business, or has powers that would not be allowed for a state bank, then the plan of conversion shall include a plan for holding or disposal of such nonconforming assets or the continuation or termination of such line of business, activity, or power. The department shall review the plan to determine whether, in the interest of safety and soundness and the other objectives of Code Section 7-1-3, the activity, power, asset, or line of business should be approved, denied, or phased out within a reasonable period of time, to be determined by the department; and (6) No liability of the national bank or of its shareholders, directors, or officers shall be affected, nor shall any lien on any property of the national bank be impaired, by the conversion. Any claim existing or action pending by or against the national bank may be prosecuted to judgment as if the conversion had not taken place, or the resulting bank or trust company may be substituted in its place."

SECTION 18. Said chapter is further amended by revising Code Section 7-1-556, relating to state bank or trust company to national bank or federal savings institution conversions, mergers, or consolidations, as follows:

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"7-1-556. (a) A bank or trust company may convert to a national bank or a federal savings institution upon:
(1) Authorization by and compliance with the laws of the United States; and (2) Adoption of a plan of conversion by the affirmative vote of at least:
(A) A majority of its directors; and (B) The holders of two-thirds of each class of its shares at a meeting held upon not less than ten days' notice to all shareholders. (b) A state bank or trust company which converts to a national bank or a federal savings institution shall: (1) Notify the department of the proposed conversion; (2) Provide such evidence of the adoption of the plan of conversion as the department may request; (3) Notify the department of any abandonment or disapproval of the plan; and (4) File with the department and with the Secretary of State a certificate of the approval of the conversion by the appropriate federal regulator. (c) Conversion of a state institution to a national banking association or a federal savings institution shall be effective upon completion of the requirements in subsection (b) of this Code section. Upon receipt of written confirmation from the department that the requirements of subsection (b) of this Code section have been satisfied, the institution's articles as an institution existing under the laws of this state shall be automatically terminated."

SECTION 19. Said chapter is further amended by repealing Code Section 7-1-557, relating to merger, consolidation, or share exchange of nonbank corporations into national banks, in its entirety.

SECTION 20. Said chapter is further amended by revising paragraph (6) of Code Section 7-1-571, relating to sale, lease, exchange, or other disposition of assets requiring shareholder approval, as follows:
"(6) In the case of a sale, lease, exchange, or other disposition of all, or substantially all, the property and assets of a bank or trust company, a notice shall be published in each county in which the bank or trust company has an office engaged in the banking or trust business in the manner prescribed by Code Section 7-1-532."

SECTION 21. Said chapter is further amended by revising subsections (a) and (b) of Code Section 7-1-628, relating to purpose and scope of part, as follows:
"(a) It is the purpose of this part to permit interstate banking and branching by merger under Section 102 of the Riegle-Neal Interstate Banking and Branching Efficiency Act

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of 1994, subject to the limitations and requirements set out in this part and in Parts 14, 18, and 19 of this article. (b) The scope of this part covers mergers where, upon consummation of the interstate merger transaction, the resulting bank will have banking locations in Georgia and at least one other state. It provides for certain approval, notice, and other requirements. Mergers involving banks having present and resulting branches located only in this state are governed by Part 14 of this article. To the extent a bank participating in an interstate merger transaction is owned or controlled by a bank holding company, the applicable provisions of Part 19 of this article shall also apply."

SECTION 22. Said chapter is further amended by revising Code Section 7-1-628.2, relating to mergers permitted and applicable provisions, as follows:
"7-1-628.2. Interstate merger transactions between out-of-state banks and Georgia banks including Georgia state banks shall be permitted provided that the applicable conditions, approvals, and filing requirements are met by participating banks and bank holding companies. The approval procedure for mergers involving banks having offices located only in this state are governed by Part 14 of this article. To the extent a bank participating in a merger is owned or controlled by a bank holding company, the provisions of Part 19 of this article shall also apply to the transaction."

SECTION 23. Said chapter is further amended by revising subsection (a) of Code Section 7-1-628.3, relating to prohibited interstate merger transactions, as follows:
"(a) Except as otherwise expressly provided in this subsection, an interstate merger transaction shall not be permitted under this part if, upon consummation of such transaction, the resulting bank (including all insured depository institutions that would be 'affiliates,' as defined in 12 U.S.C. Section 1841(k) of the resulting bank) would control 30 percent or more of the total amount of deposits held by all insured depository institutions in this state. The 30 percent limitation shall not apply, in the discretion of the commissioner, to transactions complying with paragraph (1) of subsection (b) of Code Section 7-1-623. The commissioner may by regulation adopt a procedure whereby the foregoing limitations on concentration of deposits may be waived upon showing good cause."

SECTION 24. Said chapter is further amended by revising subsections (a) and (g) of Code Section 7-1-628.7, relating to examinations and reports and powers of commissioner, as follows:

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"(a) To the extent consistent with subsection (c) of this Code section, the commissioner may make such examinations of any branch established and maintained in this state by an out-of-state state bank as the commissioner may deem necessary to determine whether the branch is being operated in compliance with the laws of this state. The provisions of Parts 3 and 4 of Article 1 of this chapter are applicable to examinations." "(g) The commissioner may enter into joint examinations or joint enforcement actions with other bank supervisory agencies having concurrent jurisdiction over any branch in Georgia of an out-of-state state bank or any branch of a Georgia state bank in any host state, provided that the commissioner may at any time take such actions independently if he or she deems such actions to be necessary or appropriate to carry out his or her responsibilities under this part or to ensure compliance with the laws of this state, but provided, further, that, in the case of an out-of-state state bank, the commissioner shall recognize the exclusive authority of the home state regulator over corporate governance matters and safety and soundness matters."

SECTION 25. Said chapter is further amended by revising subsection (b) of Code Section 7-1-628.8, relating to restrictions on de novo branches, as follows:
"(b) An out-of-state bank that does not have a branch in Georgia and whose deposits are federally insured may, upon obtaining the necessary approvals from its home state regulator, establish and maintain a de novo branch in this state to the extent that any Georgia bank could establish such a de novo branch."

SECTION 26. Said chapter is further amended by revising subsection (a) of Code Section 7-1-628.9, relating to conditions under which out-of-state bank permitted to establish and maintain branches through in-state acquisition and conditions under which Georgia banks permitted to establish and maintain branches in another state through acquisition, as follows:
"(a) An out-of-state bank that does not have a branch in Georgia and whose deposits are federally insured may, upon obtaining the necessary approvals from its home state regulator, establish and maintain a branch in this state through the acquisition of a branch."

SECTION 27. Said chapter is further amended by revising Code Section 7-1-628.10, relating to enforcement actions by commissioner, as follows:
"7-1-628.10. If the commissioner determines that a branch maintained by an out-of-state state bank in this state is being operated in violation of any provision of the laws of this state, the commissioner shall have the authority to take all such enforcement actions as he or she would be empowered to take if the branch were a Georgia state bank, provided that the commissioner shall promptly give notice to the home state regulator of each enforcement

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action taken against an out-of-state state bank and, to the extent practicable, shall consult and cooperate with the home state regulator in pursuing and resolving said enforcement action."

SECTION 28. Said chapter is further amended by revising Code Section 7-1-628.12, relating to reports required of out-of-state state banks, as follows:
"7-1-628.12. In order to determine compliance with Georgia law on deposit concentration limits or other areas of state compliance, reporting by out-of-state banks may be required by the commissioner."

SECTION 29. Said chapter is further amended by repealing and reserving Code Section 7-1-628.13, relating to notice of merger, consolidation, or other transaction involving out-of-state bank, in its entirety.

SECTION 30. Said chapter is further amended by adding a new Code section to read as follows:
"7-1-651.1. (a) Except as provided in subsection (c) of this Code section, the annual meeting of the members shall be held in person. (b) Members may participate and vote remotely at the meetings of the members if the bylaws of the credit union explicitly provide an option for remote participation and voting. If the bylaws so provide, the board of directors shall:
(1) Implement reasonable measures to: (A) Provide members a reasonable opportunity to remotely participate in such meetings. Such measures may include, but are not limited to, audio webcast or other broadcast of the meeting but, in every instance, shall provide members the ability to communicate substantially concurrently with the proceedings; (B) Enable members to vote or grant proxies at such meetings by means of electronic communication. Such measures may include, but are not limited to, telephonic or internet voting; and (C) Verify that each person deemed present and permitted to vote remotely is a member in order to ensure the integrity of the vote;
(2) Provide the option for remote participation and voting at no cost to members; and (3) Keep a record of remote attendance by members and any vote or other action taken by a member participating remotely. (c) In the event of a proclaimed emergency pursuant to Code Section 7-1-111, the board of directors may apply to the department for authorization to conduct a meeting of the members solely through remote participation. If such application is approved by the

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department, the board of directors shall comply with the requirements of subsection (b) of this Code section."

SECTION 31. Said chapter is further amended by revising subsection (c) of Code Section 7-1-653, relating to expulsions and withdrawals, disposition of deposits, interest, shares, or dividends, and reinstatement, as follows:
"(c)(1) In addition to the other powers set forth in this Code section, the board of directors may, by a two-thirds' vote of the directors, adopt and enforce a policy with respect to expulsion from membership based on:
(A) Nonparticipation by a member in the affairs of the credit union. Such policy shall require the board to consider a member's failure to maintain deposits, shares, or loans with the credit union; (B) Activity inconsistent with the safe and sound operation of the credit union, which may include, but shall not be limited to:
(i) Causing a financial loss to the credit union; (ii) Disrupting the operations of the credit union; (iii) Committing fraud, attempted fraud, or other illegal behavior; (iv) Engaging in inappropriate behavior; and (v) Violating the membership agreement of the credit union. (2) If such a policy is adopted, written notice of the policy and the effective date of such policy shall be provided to each member of the credit union not less than 30 days prior to the effective date of such policy. In addition, each new member shall be provided written notice of any such policy prior to or upon applying for membership."

SECTION 32. Said chapter is further amended by adding a new subsection to 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, to read as follows:
"(g) The board of directors may determine that a meeting of such board will be held, in whole or in part, by any means of communication by which all directors participating may simultaneously hear each other during the meeting. A director participating in a meeting by such means shall be considered to be present in person at the meeting."

SECTION 33. Said chapter is further amended by revising subsections (e) and (f) of Code Section 7-1-667, relating to mergers, as follows:
"(e) Upon adoption of the plan of merger, the parties to the merger shall file with the department a merger application, the articles of merger, and the fees required by Code

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Section 7-1-862. The articles of merger shall be signed by two duly authorized officers of each party to the plan of merger under their respective seals and shall contain:
(1) The names of the parties to the plan and of the resulting continuing credit union; (2) The street address and county of the location of each main office, registered agent, and registered office; (3) The votes by which the plan was adopted and the time, place, and notice of each meeting conducted in connection with such adoption; (4) The name and county of residence of each director of the resulting continuing credit union; and (5) Any amendments of the articles of the resulting continuing credit union. (f)(1) Upon receipt of the information set forth in subsection (e) of this Code section, the department shall conduct such investigation as it deems necessary to ascertain whether:
(A) The articles of merger and supporting information satisfy the requirements of this chapter; (B) The plan of merger and any modification thereof adequately protects the interests of members and other creditors; (C) The requirements for a merger under all applicable laws have been satisfied and the resulting continuing credit union would satisfy the applicable requirements of this chapter; and (D) The merger would be consistent with adequate and sound banking practice and in the public interest on the basis of:
(i) The financial history and condition of the parties to the plan of merger; (ii) The proposed business plan; and (iii) The character of their management. (2) The department shall, in its discretion, approve or disapprove a merger on the basis of its investigation and the criteria set forth in paragraph (1) of this subsection. The department shall give written notice to: (A) The Secretary of State of its approval of a merger along with a copy of the articles of merger; and (B) The parties to the plan of its decision and, in the event of disapproval, a statement in general of the reasons for its decision."

SECTION 34. Said chapter is further amended by revising subsection (c) of and adding a new subsection to Code Section 7-1-668, relating to conversion of state and federal credit unions, to read as follows:
"(b.1) In addition to the requirements of subsection (b) of this Code section, in the case of a federal credit union converting to a credit union:
(1) The federal credit union shall file with the department: (A) The articles of conversion, which shall contain: (i) Its name and the name of the resulting credit union;

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(ii) The street address and county of its main office; (iii) The name and initial registered agent and the street address where the initial registered office will be located; (iv) The votes by which the plan of conversion was adopted and the time, place, and notice of each meeting conducted in connection with such adoption; (v) The name and county of residence of each director of the resulting credit union; (vi) The provisions required in articles of a new credit union by paragraphs (6), (7), and (8) of subsection (a) of Code Section 7-1-630; and (vii) The plan of conversion; (B) The fees required by Code Section 7-1-862; (C) An application and information desired by the department in order to evaluate the proposed conversion, in the form specified by the department; (D) Applicable fees established by regulation of the department to defray the expenses of its investigation of the conversion application; and (E) A certificate from the Secretary of State showing that the proposed name of the resulting credit union has been reserved pursuant to Code Section 7-1-131; (2) The department shall conduct such investigation as it deems necessary to ascertain whether: (A) The articles of conversion and supporting items satisfy the requirements of this chapter; (B) The plan adequately protects the interests of depositors, other than creditors; and (C) The requirements for a conversion under all applicable laws have been satisfied and the resulting institution would satisfy the applicable requirements of this chapter; and (3) Within 90 days after receipt of the articles and all of the filings required by this subsection, the department shall, in its discretion, approve or disapprove the articles on the basis of its investigation and the criteria set forth in this Code section. If the department approves the application, it shall deliver written approval with a copy of the articles attached to the Secretary of State and notify the federal credit union, and any other parties to the plan, of its action, provided that, if approval of any federal agency is required, the department may elect to not act on the application until such federal approval is given. If the department disapproves the application, it shall give written notice to the federal credit union and any other parties to the plan of its disapproval and a statement to them generally of the reasons for its decision. (c) Upon the issuance of the certificate of conversion by the Secretary of State, in accordance with the requirements in Code Section 7-1-554, and the written approval of the department for conversions to credit unions and with the written approval of the National Credit Union Administration for conversions to federal credit unions, the converting credit union shall then become a credit union under the laws of this state or the United States, as the case may be; and thereupon all assets shall become the property of the new credit union or federal credit union, as the case may be, subject to all existing liabilities, and every

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person who was a member of the converting credit union shall be a member in the new credit union or federal credit union."

SECTION 35. Said chapter is further amended by revising paragraphs (1) and (6) of Code Section 7-1-682, relating to exemption from licensing requirements, as follows:
"(1) Any state or federally chartered bank, trust company, credit union, savings and loan association, or savings bank when such bank, trust company, credit union, savings and loan association, or savings bank has deposits that are federally insured;" "(6) A wholly owned subsidiary of a state or federally chartered bank, trust company, credit union, savings and loan association, or savings bank when such bank, trust company, credit union, savings and loan association, or savings bank has deposits that are federally insured;"

SECTION 36. Said chapter is further amended by revising paragraph (9) of subsection (a) of Code Section 7-1-1001, relating to exemption for certain persons and entities, registration requirements, and authorized actions of licensed mortgage lenders, as follows:
"(9) Any agency, division, or instrumentality of: the federal government of the United States of America; the government of the State of Georgia; the government of any other state of the United States; or any county or municipal government of the State of Georgia. This includes, but is not limited to, the Georgia Housing and Finance Authority, the Georgia Development Authority, the Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC), the Government National Mortgage Association (GNMA), the United States Department of Housing and Urban Development (HUD), the Federal Housing Administration (FHA), the Department of Veterans Affairs (VA), the Farmers Home Administration (FmHA), and the Farm Credit Administration and its chartered agricultural credit associations;"

SECTION 37. Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to installment loans, is amended by adding a new paragraph to Code Section 7-3-11, relating to maximum loan amount, period, and charges, to read as follows:
"(6) Deferment. (A) Hardship deferment: Nothing in this article shall be construed as prohibiting any licensee and borrower from contracting to defer periodic payments consisting of principal payments, interest, fees, premiums, and charges provided that no additional interest, fees, premiums, or charges are incurred or otherwise imposed as a result of such deferment. Nothing in subparagraph (B) of this paragraph shall be construed as limiting the duration of a hardship deferment or the number of hardship deferments that can be granted during a loan term.

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(B) Convenience deferment: A licensee and a borrower may, at any time, contract to defer all of or part of one or more unpaid installments, and the licensee may make and collect a charge therefor, subject to the following provisions:
(i) A convenience deferment may be for any duration agreed upon by the licensee and the borrower but shall not exceed four months. A licensee may agree to multiple convenience deferments during the loan term provided that the total duration of all convenience deferments does not exceed four months; (ii) A licensee may charge a fee for the deferment. The deferment fee shall not exceed an amount equal to the result of applying the interest rate provided in the original loan agreement to the amount deferred for the deferment period. The deferment fee shall be calculated without regard to the difference in lengths of months by counting each day of the deferment period as one-thirtieth of a month. The fee may be collected at the time it is assessed or at any later date as agreed upon by the licensee and the borrower; provided, however, that the deferment fee is earned pro rata during the deferment period and is fully earned on the last day of the deferment period; (iii) A licensee shall not charge any fees, premiums, interest, or charges other than the deferment fee for the duration of the deferment period and such fees, premiums, interest, or charges other than the deferment fee shall not accrue during the deferment period; (iv) If a licensee renews or refinances an installment loan within three months after the end of the convenience deferment period, the licensee must refund or credit the entire convenience deferment fee to the borrower; (v) If a licensee enters into a convenience deferment agreement with a borrower and the licensee enters into a hardship deferment agreement with the borrower within three months of the end of the convenience deferment period, the licensee must refund or credit the entire convenience deferment fee to the borrower; and (vi) If a loan is prepaid during a deferment period, the licensee shall refund or credit to the borrower any unearned portion of the deferment fee as calculated pursuant to division (ii) of this subparagraph in addition to any other refund or credit due to the borrower for prepayment. (C) Any deferment agreement shall be evidenced in writing and shall include: (i) The amount or amounts deferred; (ii) The length of the deferment period, including the due date for the borrower's next payment; (iii) The amount of the deferment fee, if applicable; and (iv) Where any credit insurance or ancillary product with a specific term was purchased by the borrower, the following disclosure to the borrower: 'You have purchased a credit insurance product(s) and/or [identify the specific ancillary product] in connection with this loan. The deferment agreed to herein will not extend the term of coverage of those products.'

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(D) Whenever a licensee enters into a deferment agreement with the borrower hereunder, the deferment shall not be considered to be an improper extension of the loan term, and the original loan term shall be extended by the period deferred. For purposes of granting a deferment, licensees may extend the term of the loan beyond the maximum term limit of 36 months and 15 days. (E) A licensee shall not offer or require a borrower to obtain credit insurance or any other ancillary product for the extension of the original loan term due to a deferment. (F) After the conclusion of a deferment period, the borrower shall resume payments in the same amounts and intervals as set forth in the original loan agreement. Licensees shall not require borrowers to make a lump sum repayment. (G) Licensees shall maintain a monthly journal of loans that were deferred by identifying the specific borrower that entered into the deferment agreement, the type of deferment granted, and the status of such deferment."

SECTION 38. Chapter 6A of Title 7 of the Official Code of Georgia Annotated, relating to Georgia Fair Lending Act, is amended by revising paragraphs (15) and (16) of Code Section 7-6A-2, relating to definitions, as follows:
"(15) 'Servicer' means the same as set forth in 12 C.F.R. 1024.2. (16) 'Servicing' means the same as set forth in 12 C.F.R. 1024.2."

SECTION 39. All laws and parts of laws in conflict with this Act are repealed.

Approved May 4, 2021.

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TORTS EXTEND IMMUNITIES FROM COVID-19 CLAIMS.

No. 175 (House Bill No. 112).

AN ACT

To amend an Act relating to torts to provide certain immunities from liability claims regarding COVID-19, approved August 5, 2020, (Ga L. 2020, p. 798), so as to extend applicability for one year; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act relating to torts to provide certain immunities from liability claims regarding COVID-19, approved August 5, 2020, (Ga L. 2020, p. 798), is amended by revising Section 4 as follows:
"SECTION 4. This Act shall apply to causes of action accruing until July 14, 2022, and shall not apply to any causes of action accruing thereafter."

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

Approved May 4, 2021.

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PROFESSIONS AND BUSINESSES FUNERAL DIRECTORS AND ESTABLISHMENTS, EMBALMERS, AND CREMATORIES; MULTIPLE CREMATION DEVICES.

No. 176 (House Bill No. 124).

AN ACT

To amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and establishments, embalmers, and crematories, so as to provide for multiple cremation devices; to provide for a definition; to provide for rules and regulations; to provide for certain inspections; to provide for conforming amendments; 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 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and establishments, embalmers, and crematories, is amended in Code Section 43-18-1, relating to definitions, by adding a new paragraph to read as follows:
"(5.1) 'Cremation device' means a retort, vat, or container in which dead human bodies are cremated by traditional flame, alkaline hydrolysis, or other means approved by the board."

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SECTION 2. Said chapter is further amended in Code Section 43-18-8, relating to identification of body or remains of deceased and affidavit required for cremated remains, by revising paragraph (2) of subsection (a) as follows:
"(2) No funeral director in charge of a crematory shall permit any dead body to be on the premises of the crematory without the dead body being identified as provided by this subsection, except when the body is placed in a cremation device; and the tag shall be removed from the body and kept in a regular location near the cremation device during cremation and thereafter placed atop the cremated remains on the inside of the vessel and any liner therein. The vessel containing cremated remains shall be plainly labeled on the outside so as to identify the deceased with the same information, excluding social security number, as is required to be on the tag inside the vessel and so as to identify the name of the person or firm to which such remains are to be delivered or released."

SECTION 3. Said chapter is further amended in Code Section 43-18-72, relating to crematories to be licensed, equipment, facilities, and personnel, application, reports, and limitation of single body in retort, by revising paragraph (a)(1) and subsections (b) and (e) as follows:
"(a)(1) It shall be unlawful for any person, firm, corporation, or association to operate a crematory without first obtaining a separate license for such purpose from the board in accordance with this article. The crematory must be at a specific address or location and must meet the following requirements and have the following minimum equipment, facilities, and personnel:
(A) A room with seating for a minimum of 30 people in which funeral services may be conducted; (B) A display room containing an adequate supply of urns; (C) Rolling stock consisting of at least one operable motor hearse either owned or leased by said firm with current Georgia registration; (D) At least one operable cremation device; (E) At least one operable processing station for grinding of cremated remains; (F) At least one church truck; and (G) Not be located within 1,000 feet of a residential subdivision platted and recorded in the office of the clerk of the superior court of a county in which such residential subdivision is located." "(b) The board may adopt and enforce such rules and regulations as may be reasonable and necessary to provide for the sanitary disposal of dead human bodies and prevent the spread of disease and to protect the health, safety, and welfare of the people of this state. Such rules and regulations may include inspections of any retort by the manufacturer or other authorized crematory repair company once every five years to ensure proper operations."

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"(e) No more than one dead human body shall be placed in a cremation device at one time unless written permission has been received from the person possessing legal responsibility for the disposition of the dead human body."

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

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

Approved May 4, 2021.

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LOCAL GOVERNMENT DOWNTOWN DEVELOPMENT AUTHORITIES; REMOVE PROVISION PROVIDING PERPETUAL EXISTENCE.

No. 177 (House Bill No. 161).

AN ACT

To amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, so as to remove a provision providing perpetual existence to such authorities; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 42 of Title 36 of the Official Code of Georgia Annotated, relating to downtown development authorities, is amended by revising subsection (c) of Code Section 36-42-7, relating to qualifications and reimbursement of directors, election of officers, and training, as follows:
"(c) The directors shall elect one of their members as chairman and another as vice chairman and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may but need not be a director. The directors shall receive no compensation for their services but shall be reimbursed for actual expenses incurred by them in the performance of their duties."

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

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

Approved May 4, 2021.

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SOCIAL SERVICES DEPARTMENT OF COMMUNITY HEALTH; EXPRESS LANE ELIGIBILITY FOR MEDICAID AND PEACHCARE FOR KIDS; AUTOMATIC ENROLLMENT OF CERTAIN ELIGIBLE CHILDREN.

No. 178 (House Bill No. 163).

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 direct the Department of Community Health to submit a state plan amendment to implement express lane eligibility in Medicaid and the PeachCare for Kids Program; to direct the Department of Human Services to automatically enroll and renew eligible children in Medicaid and the PeachCare for Kids Program, based on application data received for the Supplemental Nutrition Assistance Program; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. 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:
"49-4-159.1. (a) No later than June 30, 2022, the department shall submit a state plan amendment to the federal Department of Health and Human Services to implement express lane eligibility in accordance with section 1902(e)(13) of the federal Social Security Act to determine whether a child meets one or more of the eligibility criteria for and enroll the child in Medicaid and the PeachCare for Kids Program. Such state plan amendment shall include, but not be limited to, reliance on a finding made by the Division of Family and Children

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Services of the Department of Human Services in determining eligibility of applicants for the federal Supplemental Nutrition Assistance Program and other programs as identified by the department and the Division of Family and Children Services of the Department of Human Services. (b) Upon approval of a state plan amendment, the Division of Family and Children Services of the Department of Human Services shall employ express lane eligibility by evaluating data received from applicants for the federal Supplemental Nutrition Assistance Program and other programs, as identified by the department and the Division of Family and Children Services of the Department of Human Services, to determine eligibility for Medicaid and the PeachCare for Kids Program and to provide for automatic enrollment and renewal of eligible children in Medicaid and the PeachCare for Kids Program."

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

Approved May 4, 2021.

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MOTOR VEHICLES AND TRAFFIC ALLOW FOR THE USE OF MOUNTS ON WINDSHIELDS OF MOTOR VEHICLES FOR CERTAIN PURPOSES.

No. 179 (House Bill No. 165).

AN ACT

To amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems of motor vehicles, so as to allow for the use of mounts on windshields of motor vehicles for the support of wireless telecommunications devices and stand-alone electronic devices under certain circumstances; to provide for an exception; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems of motor vehicles, is amended by revising subsection (a) of Code Section 40-8-73, relating to windshields and windshield wipers, as follows:

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"(a) No person shall drive any motor vehicle with any sign, poster, or other nontransparent material upon the front windshield, side windows, or rear windows of such vehicle which obstructs the driver's clear view of the highway or any intersecting highway; provided, however, that, except as prohibited by federal law, rules, or regulations in the operation of a commercial motor vehicle, a person may drive a motor vehicle with a mount for the support of a wireless telecommunications device or stand-alone electronic device, as such terms are defined in Code Section 40-6-241, upon the front windshield, provided that such mount is located on the windshield in a manner which minimizes obstruction of the driver's view."

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

Approved May 4, 2021.

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MOTOR VEHICLES AND TRAFFIC COMMERCIAL DRIVER'S LICENSES; REQUIREMENTS FOR LICENSE; LENGTH OF VALIDITY FOR INSTRUCTION PERMIT.

No. 180 (House Bill No. 169).

AN ACT

To amend Code Section 40-5-147 of the Official Code of Georgia Annotated, relating to requirements for issuance of commercial driver's license or instruction permit, administration of skills test by third party, waiver or exemption, and disqualification and notice, so as to provide for requirements for issuance of a commercial driver's license; to revise the length of validity of a commercial driver's instruction permit; 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 40-5-147 of the Official Code of Georgia Annotated, relating to requirements for issuance of commercial driver's license or instruction permit, administration of skills test by third party, waiver or exemption, and disqualification and notice, is amended by revising paragraph (1) of subsection (a) and paragraph (4) of subsection (c) as follows:

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"(a)(1)(A) Except as otherwise provided in Code Section 40-5-148, no person shall be issued a commercial driver's license unless that person:
(i) Is a resident of this state; (ii) Is at least 18 years of age; (iii) Has completed a commercial driver training course which complies with 49 C.F.R. Parts 383 and 384; (iv) Has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulations enumerated in 49 C.F.R. Part 383, subparts G and H; and (v) Has satisfied all other requirements of the Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, in addition to any other requirements imposed by state law or federal regulation. (B) Any test required pursuant to this Code section shall be conducted by the department in English only." "(4) The commercial driver's instruction permit shall not be issued for a period to exceed 365 days. Upon the expiration of the 365 day term, the commercial driver's instruction permit holder shall upgrade to a commercial driver's license or submit a new application, pay the required fees, and retake the required knowledge and skills tests to obtain a commercial driver's instruction permit. The holder of a commercial driver's instruction permit may drive a commercial motor vehicle on a highway only when accompanied by the holder of a commercial driver's license valid for the class of vehicle being operated, along with all required endorsements and restrictions, who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle."

SECTION 2. This Act shall become effective on July 1, 2021, and the portions relating to driver training shall apply to the issuance of any commercial driver's license on or after January 1, 2022.

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

Approved May 4, 2021.

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INSURANCE TRAVEL INSURANCE; FRAMEWORK FOR REGULATING THE OFFERING OR ISSUANCE OF.

No. 181 (House Bill No. 205).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide a framework for regulating the offering or issuance of travel insurance in this state; to revise and provide for definitions; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code Section 33-7-5, relating to marine and transportation insurance, by deleting "and" at the end of paragraph (6), by replacing the period at the end of paragraph (7) with "; and", and by adding a new paragraph to read as follows:
"(8) Travel insurance as such term is defined in subsection (f) of Code Section 33-23-12."

SECTION 2. Said title is further amended in Article 1 of Chapter 23, relating to licensing of agents, agencies, subagents, counselors, and adjusters, by revising subsection (f) of Code Section 33-23-12, relating to limited licenses, as follows:
"(f)(1) As used in this subsection, the term: (A) 'Aggregator site' means a website that provides access to information regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopping. (B) 'Blanket travel insurance' means a policy of travel insurance issued to any eligible group providing coverage for specific classes of persons defined in the policy with coverage provided to all members of the eligible group without a separate charge to individual members of the eligible group. (C) 'Cancellation fee waiver' means a contractual agreement between a supplier of travel services and its customer to waive some or all of the nonrefundable cancellation fee provisions of the supplier's underlying travel contract with or without regard to the reason for the cancellation or form of reimbursement. Such term shall not be considered insurance. (D) 'Eligible group' means two or more persons that are engaged in a common enterprise or have an economic, educational, or social affinity or relationship, including but not limited to any of the following:

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(i) Any entity engaged in the business of providing travel or travel services, including but not limited to:
(I) Tour operators, lodging providers, vacation property owners, hotels and resorts, travel clubs, travel agencies, property managers, or cultural exchange programs; or (II) Common carriers or the operator, owner, or lessor of a means of transportation of passengers, including but not limited to airlines, cruise lines, railroads, steamship companies, and public bus carriers, wherein, with regard to any particular travel or type of travel or travelers, all members or customers of the group share a common exposure to risk attendant to such travel; (ii) Any college, school, or other institution of learning covering students, teachers, employees, or volunteers; (iii) Any employer covering any group of employees, volunteers, contractors, board of directors, dependents, or guests; (iv) Any sports team, camp, or sponsor thereof covering participants, members, campers, employees, officials, supervisors, or volunteers; (v) Any religious, charitable, recreational, educational, or civic organization or branch thereof covering any group of members, participants, or volunteers; (vi) Any financial institution or financial institution vendor, or any parent holding company, trustee, or agent of or designated by one or more financial institutions or financial institution vendors, including account holders, credit card holders, debtors, guarantors, or purchasers; (vii) Any incorporated or unincorporated association, including labor unions, that has a common interest, a constitution, and bylaws and that is organized and maintained in good faith for purposes other than obtaining insurance for members or participants of such association in covering its members; (viii) Any trust or the trustees of a fund established, created, or maintained for the benefit of and for covering members, employees, or customers, subject to the Commissioner permitting the use of a trust and the state's premium tax provisions provided in Code Section 33-8-4 for one or more associations meeting the requirements of division (vii) of this subparagraph; (ix) Any entertainment production company covering any group of participants, volunteers, audience members, contestants, or workers; (x) Any volunteer fire department, ambulance, rescue, police, court, first aid, civil defense, or other such volunteer group; (xi) Any preschool, day-care institution for children or adults, or senior citizen club; (xii) Any automobile or truck rental or leasing company covering a group of individuals who may become renters, lessees, or passengers as defined by their travel status on the rented or leased vehicles; (xiii) The common carrier; the operator, owner, or lessor of a means of transportation; or the automobile or truck rental or leasing company that is the policyholder under a policy to which this subsection applies; and

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(xiv) Any other group to which the Commissioner has determined that issuance of the policy would not be contrary to the public interest and in which the members are engaged in a common enterprise or have an economic, educational, or social affinity or relationship. (E) 'Fulfillment materials' means documentation sent to the purchaser of a travel protection plan confirming the purchase and providing the travel protection plan's coverage and assistance details. (F) 'Group travel insurance' means travel insurance issued to any eligible group. (G) 'Limited licensee' means a person or entity authorized to sell certain coverages related to travel pursuant to the provisions of this subsection. (H) 'Limited lines travel insurance producer' means a: (i) Licensed managing general underwriter; (ii) Licensed managing general agent or third-party administrator; (iii) Licensed insurance producer, including a limited licensee; or (iv) Travel administrator. (I) 'Offer and disseminate' means providing general information, including a description of the coverage and price, as well as processing the application and collecting premiums. (J) 'Primary certificate holder' means an individual or person that elects and purchases travel insurance under a group policy. (K) 'Travel administrator' means each person that directly or indirectly underwrites; collects charges, collateral, or premiums from; or adjusts or settles claims for residents of this state in connection with travel insurance; provided, however, that a person shall not be considered a travel administrator if such person's only actions that would otherwise cause it to be considered a travel administrator are among the following: (i) An insurance producer selling insurance or engaged in administrative and claims related activities within the scope of the producer's license; (ii) A travel retailer offering and disseminating travel insurance and registered under the license of a limited lines travel insurance producer in accordance with this subsection; (iii) An individual adjusting or settling claims in the normal course of such individual's practice or employment as an attorney at law and who does not collect charges or premiums in connection with insurance coverage; or (iv) A business entity that is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of an affiliated insurer. (L) 'Travel assistance services' means: (i) Noninsurance services for which the consumer is not indemnified based on a fortuitous event and the provision of the service does not result in the transfer or shifting of risk that would constitute the business of insurance; (ii) Such term shall include, but not be limited to, security advisories; destination information; vaccination and immunization information services; travel reservation

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services; entertainment; activity and event planning; translation assistance; emergency messaging; international legal and medical referrals; medical case monitoring; coordination of transportation arrangements; emergency cash transfer assistance; medical prescription replacement assistance; passport and travel document replacement assistance; lost luggage assistance; concierge services; and any similar service that is furnished in connection with planned travel; and (iii) Such term shall not include assistance services that are insurance or related to insurance. (M) 'Travel insurance' means insurance coverage for personal risks incident to planned travel, including: (i) Interruption or cancellation of trip or event; (ii) Loss of baggage or personal effects; (iii) Damages to accommodations or rental vehicles; (iv) Sickness, accident, disability, or death occurring during travel; (v) Emergency evacuation; (vi) Repatriation of remains; or (vii) Any other contractual obligations to indemnify or pay a specified amount to the traveler upon determinable contingencies related to travel as approved by the Commissioner. Travel insurance shall not include major medical plans which provide comprehensive medical protection for travelers with trips lasting six months or longer, including, but not limited to, those working or residing overseas as an expatriate, or any other product that requires a specific insurance producer license. (N) 'Travel protection plan' means any plan that provides for travel insurance, travel assistance services, or cancellation fee waivers. (O) 'Travel retailer' means a business entity that makes, arranges, or offers travel services and that may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a limited lines travel insurance producer. (2)(A) Notwithstanding any other provision of law, the Commissioner may issue to an individual or business entity that has complied with the requirements of this subsection a limited lines travel insurance producer license which authorizes the limited lines travel insurance producer to sell, solicit, or negotiate travel insurance through a licensed insurer. (B) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner an application for such limited license in a form and manner prescribed by the Commissioner. (C) Notwithstanding any other provision of law, a travel retailer may offer and disseminate travel insurance under a limited lines travel insurance producer business entity license only if the following conditions are met:

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(i) The limited lines travel insurance producer or travel retailer provides to purchasers of travel insurance:
(I) A description of the material terms or the actual material terms of the insurance coverage; (II) A description of the process for filing a claim; (III) A description of the review or cancellation process for the travel insurance policy; and (IV) The identity and contact information of the insurer and limited lines travel insurance producer; (ii) At the time of licensure, the limited lines travel insurance producer shall establish and maintain a register on a form prescribed by the Commissioner of each travel retailer that offers travel insurance on the limited lines travel insurance producer's behalf. The register shall be maintained and updated by the limited lines travel insurance producer and shall include the name, address, and contact information of the travel retailer and an officer or person who directs or controls the travel retailer's operations and the travel retailer's federal tax identification number. The limited lines travel insurance producer shall submit such register to the Insurance Department upon reasonable request. The limited lines travel insurance producer shall also certify that the travel retailer registered complies with 18 U.S.C. Section 1033. The grounds for the suspension and revocation and the penalties applicable to resident insurance providers shall be applicable to limited lines travel insurance producers and travel retailers; (iii) The limited lines travel insurance producer shall designate one of its employees who is a licensed individual producer as the person responsible for the limited lines travel insurance producer's compliance with the travel insurance laws and rules and regulations of this state; (iv) The employee designated as provided in division (iii) of this subparagraph, president, secretary, treasurer, and any other officer or person who directs or controls the limited lines travel insurance producer's insurance operations shall comply with the fingerprinting requirements applicable to insurance producers in the resident state of the limited lines travel insurance producer; (v) The limited lines travel insurance producer shall pay all applicable insurance producer licensing fees as set forth in applicable state law; (vi) The limited lines travel insurance producer shall require each employee or authorized representative of the travel retailer whose duties include offering and disseminating travel insurance to receive a program of instruction or training, which may be subject to review by the Commissioner. The training material shall, at a minimum, contain instructions on the types of insurance offered, ethical sales practices, and required disclosures to prospective customers; and (vii) No prelicensing examination or continuing education shall be required for issuance of a limited license pursuant to this subsection.

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(D) Any travel retailer offering or disseminating travel insurance shall make available to prospective purchasers brochures or other written materials that:
(i) Provide the identity and contact information of the insurer and the limited lines travel insurance producer; (ii) Explain that the purchase of travel insurance is not required in order to purchase any other product or service from the travel retailer; and (iii) Explain that an unlicensed travel retailer is permitted to provide general information about the insurance offered by the travel retailer, including a description of the coverage and price, but is not qualified or authorized to answer technical questions about the terms and conditions of the insurance offered by the travel retailer or to evaluate the adequacy of the customer's existing insurance coverage. (E) A travel retailer employee or authorized representative that is not licensed as an insurance producer shall not: (i) Evaluate or interpret the technical terms, benefits, and conditions of the offered travel insurance coverage; (ii) Evaluate or provide advice concerning a prospective purchaser's existing insurance coverage; or (iii) Hold itself out as a licensed insurer, licensed producer, or insurance expert. (3) Notwithstanding any other provision of law, a travel retailer whose insurance related activities, and those of its employees or authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a limited lines travel insurance producer meeting the conditions stated in this subsection shall be authorized to do so and receive related compensation upon registration by the limited lines travel insurance producer as provided in subparagraph (C) of paragraph (2) of this subsection. (4) As the insurer designee, the limited lines travel insurance producer shall be responsible for the acts of the travel retailer and authorized representative and shall use reasonable means to ensure compliance by the travel retailer with this subsection. (5) The limited lines travel insurance producer and any travel retailer or authorized representative offering and disseminating travel insurance under the limited lines travel insurance producer's license shall be subject to the unfair trade practices provisions under Article 1 of Chapter 6 of this title and to the other provisions of this article relating to insurance producers. (6)(A) The requirements of this subsection shall apply to travel insurance which covers any resident of this state; is sold, solicited, negotiated, or offered in this state; or for which policies and certificates are delivered or issued for delivery in this state; provided, however, that such requirements shall not apply to cancellation fee waivers and travel assistance services, except as expressly provided in this subsection. (B) All other applicable provisions of the state's insurance laws shall continue to apply to travel insurance except that the specific provisions of this subsection shall supersede any general provisions of law that would otherwise be applicable to travel insurance.

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(7) Any person licensed in a major line of authority as an insurance producer shall be authorized to sell, solicit, and negotiate travel insurance. A property and casualty insurance producer shall not be required to become appointed by an insurer in order to sell, solicit, or negotiate travel insurance.
(8)(A) Each travel insurer shall pay the tax levied by Code Section 33-8-4 with respect to travel insurance premiums paid by any of the following:
(i) An individual primary policyholder who is a resident of this state; (ii) A primary certificate holder who is a resident of this state who elects coverage under a group travel insurance policy; or (iii) A blanket travel insurance policyholder that is a resident in or has its principal place of business or the principal place of business of an affiliate or subsidiary that has purchased blanket travel insurance in this state for eligible blanket group members, subject to any apportionment rules which apply to the insurer across multiple taxing jurisdictions or that permits the insurer to allocate premiums on an apportioned basis in a reasonable and equitable manner in such jurisdictions. (B) Each travel insurer shall: (i) Document the state of residence or principal place of business of the policyholder or certificate holder, as described in subparagraph (A) of this paragraph; and (ii) Report as premiums only the amount allocable to travel insurance and shall not report any amounts received for travel assistance services or cancellation fee waivers. (9) A travel protection plan may be offered for one price for the combined features that the travel protection plan offers in this state if: (A) The travel protection plan clearly discloses to the consumer at or prior to the time of purchase that it includes travel insurance, travel assistance services, and cancellation fee waivers, as applicable, and provides information and an opportunity at or prior to the time of purchase for the consumer to obtain additional information regarding the features and pricing of each; and (B) The fulfillment materials: (i) Describe and delineate the travel insurance, travel assistance services, and cancellation fee waivers in the travel protection plan; and (ii) Include the travel insurance disclosures and the contact information for persons providing travel assistance services and cancellation fee waivers, as applicable. (10)(A) Offering or selling a travel insurance policy that could never result in payment of any claims for any insured under the policy is considered an unfair trade practice under Chapter 6 of this title. (B)(i) All documents provided to consumers prior to the purchase of travel insurance, including but not limited to sales materials, advertising materials, and marketing materials, shall be consistent with the travel insurance policy itself, which shall include but not be limited to respective forms, endorsements, policies, rate filings, and certificates of insurance.

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(ii) For travel insurance policies or certificates that contain preexisting condition exclusions, information and an opportunity to learn more about the preexisting condition exclusions shall be provided at some point prior to the time of purchase and in the coverage's fulfillment materials. (iii) The fulfillment materials and the information described in division (f)(2)(c)(i) of this Code section shall be provided to a policyholder or primary certificate holder as soon as practicable following the purchase of a travel protection plan. Unless the insured has either started a covered trip or filed a claim under the travel insurance coverage, a policyholder or primary certificate holder may cancel a policy or certificate for a full refund of the travel protection plan price from the date of purchase of a travel protection plan until at least:
(I) Fifteen days following the date of delivery of the travel protection plan's fulfillment materials by postal mail; or (II) Ten days following the date of delivery of the travel protection plan's fulfillment materials by means other than postal mail. For the purposes of this division, the term 'delivery' means handing fulfillment materials to the policyholder or primary certificate holder or sending fulfillment materials by postal mail or electronically to the policyholder or primary certificate holder. (iv) Each company shall disclose in the policy documentation and fulfillment materials whether the travel insurance is primary or secondary to other applicable coverage. (v) If travel insurance is marketed directly to a consumer through an insurer's website or by others through an aggregator site, it shall not be considered an unfair trade practice or other violation of law if an accurate summary or short description of coverage is provided on the website, so long as the consumer has electronic access to the full provisions of the policy. (C) A person offering, soliciting, or negotiating travel insurance or travel protection plans on an individual or group basis shall not do so by using negative option or opt out that would require a consumer to take an affirmative action to deselect coverage such as unchecking a box on an electronic form when the consumer purchases a trip. (D) It shall be considered an unfair trade practice to market blanket travel insurance coverage as being free. (E) If a consumer's destination jurisdiction requires insurance coverage, it shall not be considered an unfair trade practice to require such consumer to choose between the following options as a condition of purchasing a trip or travel package: (i) Purchasing the coverage required by the destination jurisdiction through the travel retailer or limited lines travel insurance producer supplying the trip or travel package; or (ii) Agreeing to obtain and provide proof of coverage that meets the destination jurisdiction's requirements prior to departure.

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(11)(A) Notwithstanding any provision of this title to the contrary, a person shall not act or represent itself as a travel administrator for travel insurance in this state unless such person:
(i) Is a licensed property and casualty insurance producer in this state for activities permitted under such producer's license; (ii) Holds a valid managing general agent (M.A.) license in this state; or (iii) Holds a valid third-party administrator (TA) license in this state. (B) A travel administrator and its employees shall be exempt from the licensing requirements provided in paragraph (4) of subsection (a) of Code Section 33-23-4, relating to adjuster licensing, for travel insurance that such travel administrator and its employees administer. (C) An insurer is responsible for the acts of a travel administrator administering travel insurance underwritten by the insurer and ensuring that the travel administrator maintains all books and records relevant to the insurer to be made available by the travel administrator to the Commissioner upon request. (12)(A) Notwithstanding any provision of this title to the contrary, travel insurance shall be classified and filed for purposes of rates and forms as marine and transportation insurance; provided, however, that travel insurance that provides coverage for sickness, accident, disability, or death occurring during travel, either exclusively or in conjunction with related coverages of emergency evacuation or repatriation of remains, or incidental limited property and casualty benefits, such as baggage or trip cancellation, may be filed by an authorized insurer under either an accident and health line of insurance or as marine and transportation insurance. (B) Travel insurance may be in the form of an individual, group, or blanket policy. (C) Eligibility and underwriting standards for travel insurance may be developed and provided based on travel protection plans designed for individual or identified marketing or distribution channels, provided that those standards also meet the state's underwriting standards for marine and transportation insurance."

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

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

Approved May 4, 2021.

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MOTOR VEHICLES AND TRAFFIC ELECTRONIC SUBMISSION OF CERTAIN DOCUMENTATION.

No. 182 (House Bill No. 207).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for electronic submission of certain documentation required of owners, manufacturers, distributors, dealers, secondary metals recyclers, used motor vehicle parts dealers, scrap metal processors, towing and storage firms, repair facilities, and salvage dealers by the Department of Revenue; 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, in Code Section 40-2-38, relating to registration and licensing of manufacturers, distributors, and dealers and issuance of manufacturer, distributor, and dealer plates, is amended by revising paragraph (1) of subsection (a) as follows:
"(a)(1) Manufacturers, distributors, and dealers engaged in the manufacture, sale, or leasing of vehicles required to be registered under Code Section 40-2-20 shall register by electronic means with the commissioner, making application for a distinguishing dealer's number, specifying the name and make of motor vehicle, tractor, or trailer manufactured, sold, or leased by them, upon forms prepared by the commissioner for such purposes, and pay therefor a fee of $62.00, which shall accompany such application. Upon payment of such fee by a dealer, the commissioner shall furnish to the dealer one master number plate to expire each year in accordance with subsection (f) of this Code section, to be known as a dealer's number and to be distinguished from the number plates provided for in this chapter by different and distinguishing colors to be determined by the commissioner. The dealer plate for a franchise motor vehicle dealer shall be distinguishable from the dealer plate for a used car dealer and from the dealer plate for a motor vehicle wholesaler. A dealer's number plate is for the purpose of demonstrating or transporting dealer's vehicles or trailers for sale or lease. Persons engaged in the business of transporting vehicles for a dealer under a vehicle's own power shall be permitted to use such dealer's plate for the purpose of transporting a vehicle."

SECTION 2. Said title is further amended in Code Section 40-3-36, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles or trailers; salvage certificate of title;

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administrative enforcement; and removal of license plates, by revising paragraph (1) of subsection (a), subparagraphs (a)(3)(A) through (a)(3)(C), subparagraph (a)(4)(C), and subsection (b) as follows:
"(a)(1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any vehicle, including a trailer, as scrap metal or parts only or a secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor who scraps, dismantles, or demolishes a vehicle shall within 72 hours cancel the certificate of title by electronic means in a manner designated by the department and securely destroy the certificate of title."
"(3)(A) The secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall deliver the statement required under paragraph (2) of this subsection to the department within 72 hours of the completion of the transaction by electronic means in a manner designated by the department, requesting that the department cancel the Georgia certificate of title and registration. (B) The secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall maintain the original statement for a period of not less than two years. (C) Within 48 hours of each day's close of business, the secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor who purchases or receives motor vehicles for scrap or for parts shall deliver by electronic means, a list of all such vehicles purchased that day for scrap or for parts. That list shall contain the following information:
(i) The name, address, and contact information for the reporting entity; (ii) The vehicle identification numbers of such vehicles; (iii) The dates such vehicles were obtained; (iv) The names of the individuals or entities from whom the vehicles were obtained, for use by law enforcement personnel and appropriate governmental agencies only; (v) A statement of whether the vehicles were, or will be, crushed or disposed of, or offered for sale or other purposes; (vi) A statement of whether the vehicle is intended for export out of the United States; and (vii) The National Motor Vehicle Title Information System identification number of the business acquiring the vehicle. There shall be no charge to a secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor associated with providing this information to the department." "(C)(i) Any insurance company which acquires a damaged motor vehicle by virtue of having paid a total loss claim shall deliver by electronic means the certificate of title to the commissioner for cancellation. If an insurance company or its authorized agent, including, but not limited to, a salvage dealer as such term is defined in Code Section 40-11-13, is unable to obtain a certificate of title within 30 days after acceptance by the motor vehicle owner of a total loss claim, the insurance company

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or its authorized agent may apply to the department for a salvage certificate of title on a form provided by the department for such purpose. Such application shall require submission by electronic means of evidence that the insurance company or its authorized agent has fulfilled the settlement through payment of a total loss claim and has made two or more written or other verifiable forms of communication with the owner in order to obtain such owner's certificate of title. Any such application made by a salvage dealer shall also include written documentation of support that an insurance company has transferred all its claims or rights to such vehicle to the salvage dealer. Any salvage certificate of title issued by the department pursuant to this subdivision shall comply with any applicable requirements relating to salvage, rebuilt, or restored certificates of title in this Code section and Code Section 40-3-37. (ii) In every case in which a total loss claim is paid and the insurance company does not acquire such damaged motor vehicle, the insurance company paying such total loss claim, the vehicle owner, and the lienholder or security interest holder, as applicable, shall take the following steps to secure a salvage certificate of title for such motor vehicle:
(I) If the vehicle owner is in possession of the certificate of title, the owner shall deliver the certificate of title to the insurance company prior to any payment of the claim, and the insurance company shall deliver by electronic means the certificate of title, an application for a salvage certificate of title, and the form provided by the commissioner for issuance of a salvage certificate of title; (II) If the certificate of title has been lost, destroyed, or misplaced, the vehicle owner shall, prior to payment of the claim on such vehicle, complete an application for a replacement title on the form provided by the commissioner and deliver such application and form to the insurance company and the insurance company shall deliver by electronic means such application and form to the commissioner for issuance of a replacement original title marked salvage; (III) If the lienholder or security interest holder has possession of the certificate of title, the vehicle owner shall complete an application for a replacement title on a form provided by the commissioner and shall deliver the completed form to the insurance company prior to the payment of the claim; the insurance company shall thereafter deliver by electronic means the application to the commissioner with notice of the payment of the total loss claim and the name and address of the lienholder or security interest holder in possession of the title. The commissioner shall mail notice to the lienholder or security interest holder that a total loss claim has been paid on the vehicle and that the title to such vehicle has been canceled, and the commissioner shall provide to the lienholder or security interest holder a salvage certificate of title for such vehicle, provided that the validity of the security interest shall not be affected by issuance of a salvage certificate of title. The lienholder or security interest holder shall, within ten days after receipt of such notice of total loss

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claim and cancellation of the original certificate of title, deliver by electronic means the canceled original certificate of title to the commissioner; or (IV) For the sole purpose of payment of a total loss claim, for any vehicle ten years of age or older for which neither the vehicle owner nor the lienholder or security interest holder, if any, possesses a certificate of title, the vehicle owner shall deliver the vehicle license plate and certificate of registration for such vehicle to the insurance company prior to payment of any claim and the insurance company shall mail or deliver the license plate and deliver by electronic means the certificate of registration to the commissioner with a completed form provided by the commissioner; provided, however, that the vehicle owner shall not operate such vehicle and the owner shall obtain a certificate of title for such vehicle as provided by law, which certificate of title shall then be subject to cancellation as provided in this paragraph." "(b) Except as provided in subsection (a) of this Code section, any person, firm, or corporation which purchases or otherwise acquires a salvage motor vehicle shall apply to the commissioner by electronic means for a salvage certificate of title for such motor vehicle within 30 days of the purchase or acquisition of the motor vehicle or within 30 days of the payment of a total loss claim as provided in paragraph (4) of subsection (a) of this Code section to the registered owner of the salvage motor vehicle, if the person, firm, or corporation intends to operate or to sell, convey, or transfer the motor vehicle; and no such person, firm, or corporation shall sell, transfer, or convey a salvage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title."

SECTION 3. Said title is further amended by revising Code Section 40-11-19.2, relating to public sale authorized upon court order, procedure following satisfaction of lien, and disposition of excess proceeds, by revising subsection (b) as follows:
"(b) After satisfaction of the lien, the towing and storage firm, repair facility, or salvage dealer selling such motor vehicle shall, not later than 15 days after the date of such sale, provide the Department of Revenue by electronic means a copy of the bill of sale as provided to the purchaser and turn the remaining proceeds of such sale, if any, over to the department to be treated as unclaimed property pursuant to Article 5 of Chapter 12 of Title 44, the 'Disposition of Unclaimed Property Act.' The towing and storage firm, repair facility, or salvage dealer selling such vehicle may deduct from such proceeds the cost incurred by the advertisement of the public sale, provided that such amount is no greater than $120.00, and the cost incurred by the holding of the public sale, provided that the cost is no greater than $200.00. Any deduction so made shall be evidenced by receipts or on a form prescribed by the Department of Revenue for such purpose through rule and regulation. Any person convicted of failing to comply with the requirements of this subsection shall be subject to a civil penalty as provided for in Article 5 of Chapter 12 of Title 44."

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

Approved May 4, 2021.

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DOMESTIC RELATIONS TEMPORARY PROTECTIVE ORDER; DISCRETIONARY MONITORING OF VICTIM AFTER ISSUANCE.

No. 183 (House Bill No. 236).

AN ACT

To amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief by superior courts, so as to provide for discretionary monitoring of the victim after the granting of a temporary protective order; to provide 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 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief by superior courts, is amended by adding a new Code section to read as follows:
"19-13-4.1. (a) As used in this Code section, the term 'local law enforcement agency' means county and city: (1) Police departments; and (2) Sheriff offices. (b)(1) Upon obtaining a protective order under Code Section 19-13-3 or 19-13-4, the petitioner may elect to request periodic security checks from any local law enforcement agency with jurisdiction in which the petitioner resides. (2) Such security checks shall occur at intervals and times in the discretion of the local law enforcement agency and shall continue for the duration of the order or until such request is withdrawn by the petitioner or the local law enforcement agency determines that the petitioner's circumstances no longer appear to require such security checks. (3) Security checks may include: (A) Observation of the exterior of the petitioner's residence; and

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(B) Officer presence in the vicinity of the petitioner's residence. (4) If such petitioner elects to request such periodic security checks, the petitioner shall provide to the local law enforcement agency the temporary protective order for photocopying purposes and provide a written request for the law enforcement agency to conduct periodic security checks at the petitioner's residence contained in the protective order for a period of up to 60 days."

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

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

Approved May 4, 2021.

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PROFESSIONS AND BUSINESSES PHYSICIANS, PHYSICIAN ASSISTANTS, PODIATRISTS, AND OTHERS; FINGERPRINT AND CRIMINAL BACKGROUND CHECKS FOR LICENSURE.

No. 184 (House Bill No. 245).

AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to amend a provision relating to fingerprint and criminal background checks for licensure of physicians, physician assistants, and others; to amend a provision relating to fingerprint and criminal background checks for licensure of podiatrists; 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 in Code Section 43-34-13, relating to fingerprinting and criminal background checks for health care professionals licensed by the Georgia Composite Medical Board, by revising subsection (b) as follows:
"(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

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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 to perform a criminal background check. Each applicant who submits an application to the board for licensure, 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 2. Said title is further amended by revising Code Section 43-35-12.1, relating to fingerprint and criminal background checks, as follows:
"43-35-12.1. Any applicant for a license or reinstatement 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 or reinstatement under this chapter shall constitute express consent and authorization for the board to perform a criminal background check. Each applicant who submits an application to the board for licensure or reinstatement 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 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 4, 2021.

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INSURANCE ADJUSTERS; INSURANCE COMMISSIONER'S AUTHORITY; TYPES OF REMUNERATION; PROOF OF FINANCIAL RESPONSIBILITY; RECORD KEEPING; CONSUMER PROTECTIONS; ADVERTISING.

No. 185 (House Bill No. 254).

AN ACT

To amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to licensing of agents, agencies, subagents, counselors, and adjusters, so as to increase the Insurance Commissioner's enforcement authority with regard to adjusters; to provide for allowable types of remuneration; to provide for proof of financial responsibility; to provide for record keeping; to provide for certain consumer protections; to provide for advertising requirements; to provide for certain prohibited acts; 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 23 of Title 33 of the Official Code of Georgia Annotated, relating to licensing of agents, agencies, subagents, counselors, and adjusters, is amended by revising Code Section 33-23-43, relating to authority of adjusters and penalties for violation, as follows:
"33-23-43. (a) An adjuster licensed as both an independent and a public adjuster shall not represent both the insurer and the insured in the same transaction. (b) An adjuster shall have authority under his or her license only to investigate, settle, or adjust and report to his or her principal upon claims arising under insurance contracts on behalf of insurers only if licensed as an independent adjuster or on behalf of insureds only if licensed as a public adjuster. (c) No public adjuster, at any time, shall knowingly:
(1) Misrepresent to an insured that he or she is required to hire an independent or public adjuster to help the insured meet his or her obligations under his or her policy; (2) Accept or agree to accept any money or other compensation from an attorney or any person acting on behalf of an attorney which the adjuster knows or should reasonably know is payment for the suggestion or advice by the adjuster to seek the services of the attorney or for the referral of any portion of a person's claim to the attorney; (3) Hire or procure another to do any act prohibited by this subsection; (4) Advertise or promise to pay or rebate all or any portion of any insurance deductible as an inducement to the sale of goods or services. As used in this paragraph, the term 'promise to pay or rebate' includes:

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(A) Granting any allowance or offering any discount against the fees to be charged, including, but not limited to, an allowance or discount in return for displaying a sign or other advertisement at the insured's premises; or (B) Paying the insured or any person directly or indirectly associated with the claim any form of compensation, gift, prize, bonus, coupon, credit, referral fee, or other item of monetary value for any reason; (5) Misrepresent to a claimant that he or she is an adjuster representing an insurer in any capacity, including acting as an employee of the insurer or as an independent adjuster, unless appointed by an insurer in writing to act on the insurer's behalf for that specific claim or purpose. A licensed public adjuster shall not charge a claimant a fee for adjusting a claim when he or she is appointed by the insurer for that specific claim or purpose and the appointment is accepted by the public adjuster; (6) Solicit, or attempt to solicit, an insured during the progress of a loss-producing occurrence as defined in the insured's insurance contract; (7) Have a direct or indirect financial interest in any aspect of a claim other than the salary, fee, commission, or other consideration established in a written contract with the insured which shall incorporate all of the conditions and provisions set out in Code Section 33-23-43.2; (8) Charge to or collect from an insured any amount, other than reasonable compensation for services rendered based on time spent and expenses incurred, in any transaction where the insurer either pays or commits in writing to pay the policy limit or limits for all coverage under the insured's policy within three business days after the loss is reported to the insurer; (9) Misrepresent to an insured or insurer that he or she is an attorney authorized by law to provide legal advice and services or that a policy covers a loss or losses outside the scope of the coverage provided by the insurance contract; (10) Permit an unlicensed employee or representative of the adjuster to conduct business for which a license is required; or (11) Hire or procure another to do any act prohibited by this subsection. (d) For purposes of subsection (c) of this Code section, the term 'public adjuster' shall include licensed public adjusters as defined by Code Section 33-23-1, persons representing themselves to be public adjusters who are not properly licensed by the Commissioner, and persons committing any act under paragraph (4) of subsection (c) of this Code section. (e) Any person who violates any provision of subsection (c) of this Code section shall be guilty of a misdemeanor and such violation shall be grounds for suspension or revocation of licenses under this chapter. (f) The Commissioner may adopt reasonable and necessary rules to implement this article, including but not limited to rules regarding: (1) The qualifications for adjusters, in addition to those prescribed by this article, that are necessary to promote the public interest; (2) The regulation of the conduct of adjusters, in accord with this article;

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(3) The prescription of fees not prescribed elsewhere in this title that are necessary to cover the cost of filings or other administrative costs; and (4) The regulation of advertisements and the definition of 'advertisement' as the term is used in paragraph (4) of subsection (c) of this Code section."

SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"33-23-43.1. (a) No person may act or hold himself or herself out to be a public adjuster in this state unless such person holds a public adjuster license issued by the Commissioner. (b) A public adjuster license is not, however, required for:
(1) An attorney licensed to practice law in this state while acting for an insured concerning a loss under a policy; or (2) A person licensed as a general property and casualty agent or personal lines property and casualty agent while acting for an insurer concerning a loss under a policy issued by that agent."

SECTION 3. Said article is further amended by revising and renumbering Code Section 33-23-43.1, related to requirements for public adjuster contracts, as follows:
" 33-23-43.2. (a) No person may, directly or indirectly, act within this state as a public adjuster without, among other requirements, having first entered into a contract, in writing, on a form approved by the Commissioner, executed in duplicate by such person and the insured or the insured's duly authorized representative. A public adjuster shall not use any form of contract that is not approved by the Commissioner. (b) Public adjusters shall ensure that all contracts for their services are in writing, prominently captioned and titled 'Public Adjuster Contract,' and contain the following:
(1) Legible full name of the public adjuster signing the contract, as specified on the license issued by the department and attestation language that the public adjuster is fully bonded pursuant to state law; (2) Permanent home state business address and contact information of the public adjuster, including email address; (3) The public adjuster's department license number and a statement that the license is valid and in full force and effect as of the date the contract is signed; (4) The insured's full name and street address; (5) A description of the loss and its location, if applicable; (6) A description of services to be provided to the insured; (7) Signatures of the public adjuster and the insured; (8) The date the contract was signed by the public adjuster, and the date the contract was signed by the insured;

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(9) A statement of the fee, compensation, or other considerations that the public adjuster is to receive for services, including a listing of typical costs and expenses for which the public adjuster is to be reimbursed; (10) A statement prominently captioned in a minimum 12 point font that contains the following:
(A) Any direct or indirect interest in or compensation by any construction firm, salvage firm, building appraisal firm, storage company, or any other firm or business entity that performs any work in conjunction with damages incident to any loss which the adjuster has been contracted to adjust; (B) Any direct or indirect participation in the reconstruction, repair, or restoration of damaged property that is the subject of a claim adjusted by the adjuster or disclosure of any other activities that may be reasonably construed as a conflict of interest, including a financial interest in any salvage, repair, construction, or restoration of any business entity that obtains business in connection with any claims that the public adjuster has a contract or agreement to adjust; and (C) Any direct or indirect compensation of value in connection with an insured's specific loss other than compensation from the insured for service as a public adjuster, as explicitly permitted by subsection (d) of Code Section 33-23-43.7; and (11) A prominently displayed notice in 12-point boldface type that states 'WE REPRESENT THE INSURED ONLY.' (c) Public adjuster contracts may not contain a contract term that: (1) Restricts an insured's right to initiate and maintain direct communications with his or her attorney, the insurer, the insurer's adjuster, the insurer's attorney, or any other person regarding settlement of the insured's claim; (2) Vests the public adjuster with the right to initiate direct communications with the insured's insurer, the insurer's adjuster, or the insurer's attorney regarding settlement of the insured's claim without specific written authorization from the insured; (3) Allows the public adjuster's percentage fee to be collected when money is due from an insurance company but not paid or that allows a public adjuster to collect the entire fee from the first check issued by an insurance company rather than as a percentage of each check issued by an insurance company; (4) Requires the insured to authorize an insurance company to issue a check only in the name of the public adjuster; (5) Precludes or restricts an insured from pursuing any civil remedies relating to his or her claim; (6) Purports to allow the public adjuster to act in multiple capacities; or (7) Identifies the public adjuster as also being a contractor, appraiser, or other position. (d) All public adjuster contracts shall be construed to contain, by operation of law: (1) A provision granting the insured a right to rescind the contract within three business days after the date the contract was signed, so long as the rescission is in writing and mailed or delivered to the public adjuster at the address stated in the contract within three

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business days. For purposes of this subsection, rescission of the contract shall be considered delivered or mailed if it is delivered by electronic transmittal to the email address or facsimile specified in the contract for such communications; (2) A provision that if the insured exercises the right to rescind the contract, anything of value given by the insured under the contract shall be returned to the insured within 15 business days following the receipt by the public adjuster of the rescission notice; and (3) A provision requiring that, prior to initiating any contact with the insured's insurer, the insurer's adjuster, or the insurer's attorney regarding settlement of the insured's claim, a public adjuster must provide the insurer a notification letter signed by the insured confirming that the insured has authorized the public adjuster to communicate directly with the insurer, the insurer's adjuster, or the insurer's attorney on behalf of the insured. (e) All public adjuster contracts shall be executed in duplicate to provide an original contract to the public adjuster and an original contract to the insured. The public adjuster's original contract shall be available at all times for inspection without notice by the department. (f) No public adjuster shall enter into a contract with an insured and collect a commission as provided by Code Section 33-23-43.3, without having the intent to actually perform services customarily provided by a public adjuster for the insured."

SECTION 4. Said article is further amended by adding new Code sections to read as follows:
"33-23-43.3. (a) Except as provided by subsection (b) of this Code section, an adjuster may receive a commission for service provided under this article consisting of an hourly fee, a flat rate, a percentage of the total amount paid by an insurer to resolve a claim, or another method of compensation. A public adjuster may not charge the insured an unreasonable fee, and the total commission received shall not exceed 33.3 percent of the amount of the insurance settlement of the claim. (b) An adjuster shall not receive a commission consisting of a percentage of the total amount paid by an insurer to resolve a claim on a claim on which the insurer, not later than 72 hours after the date on which the loss is reported to the insurer, either pays or commits in writing to pay to the insured the policy limit of the insurance policy. A public adjuster is entitled to reasonable compensation from the insured for services provided by such adjuster on behalf of the insured, based on the time spent on a claim that is subject to this Code section and expenses incurred by such adjuster, until the claim is paid or the insured receives a written commitment to pay from the insurer. (c) Except for the payment of a commission by the insured, all persons paying proceeds of a policy of insurance or making any payment affecting an insured's rights under a policy of insurance shall:
(1) Include the insured as a payee on the payment draft or check; and

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(2) Require the written signature and endorsement of the insured on the payment draft or check. (d) An adjuster shall not accept any payment that violates the provisions of this Code section. (e) A public adjuster may sign or endorse a payment, draft, or check issued on behalf of an insured if authorized in writing by each insured payee, and only if such written endorsement meets the following criteria: (1) The authorization limits the public adjuster to endorse the check or payment for deposit only into the public adjuster's escrow or trust account and such authorization states that the check or payment will be distributed in the percentages or amounts agreed upon in the public adjuster contract; (2) The authorization requires that the insured be notified of the deposit of funds, and states that any distribution of such funds to the insured or the public adjuster will be accompanied by a detailed breakdown of the funds distributed; and (3) The authorization form states that such authorization may be revoked at any time by the insured upon written notice of such revocation to the public adjuster.

33-23-43.4. (a) As a continuing condition of licensure, a public adjuster may, at the Commissioner's discretion, file proof of financial responsibility with respect to transactions with insureds under this chapter in an amount determined by the Commissioner by rule. The financial responsibility shall include the ability to pay sums that the public adjuster is obligated to pay under any judgment against such adjuster by an insured, based on an error, omission, fraud, negligent act, or unfair practice of such adjuster or any person for whose acts such adjuster is legally liable in the transaction of such adjuster's business under this Code section. (b) In determining the amount of the financial responsibility requirement, the Commissioner shall consider the nature of the obligation, other financial security requirements under this Code section, and financial security requirements adopted for public adjusters in other states. In determining the types of financial responsibility required, the Commissioner may consider a surety bond or a professional liability policy or similar policy or contract of professional liability coverage acceptable to the Commissioner. (c) The requirements of this Code section are in addition to the bond requirements of Code Section 33-23-6 and relevant rules and regulations promulgated by the Commissioner.

33-23-43.5. (a) A public adjuster shall keep a complete record in this state of each of such adjuster's transactions as a public adjuster. The records shall include each of the following:

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(1) The name of the insured; (2) The date, location, and amount of the loss; (3) A copy of the contract between the public adjuster and the insured; (4) The name of the insurer and the amount, expiration date, and number of each policy under which the loss is covered; (5) An itemized statement of the recoveries by the insured from the sources known to the public adjuster; (6) The total compensation received for the adjustment; and (7) An itemized statement of disbursements made by the license holder from recoveries received on behalf of the insured. (b) Records required to be kept under this Code section shall be: (1) Maintained in this state for at least five years after the termination of a transaction with the insured; and (2) Open to examination by the Commissioner.

33-23-43.6. (a) All funds received as claim proceeds by an adjuster acting as a public adjuster are received and held by such adjuster in a fiduciary capacity. Such adjuster shall not divert or misappropriate fiduciary funds received or held. (b) An applicant for a license to act as a public adjuster shall, as part of the application, endorse an authorization for disclosure to the Commissioner of all financial records of any funds such adjuster holds and will hold as a fiduciary. The authorization continues in force and effect for as long as such adjuster continues to be licensed under this article.

33-23-43.7. (a) Each advertisement by an adjuster soliciting or advertising business shall display the adjuster's name and license number as they appear in the records of the Commissioner. (b) No advertisement soliciting or advertising business may be used by an adjuster unless such solicitation or advertisement has been approved by the Commissioner. (c) The following statements, made in any public adjuster's advertisement or solicitation, are considered deceptive or misleading:
(1) A statement or representation that invites an insured to submit a claim when such insured does not have covered damage to such insured's property; (2) A statement or representation that invites an insured to submit a claim by offering monetary or other valuable inducement; (3) A statement or representation that invites an insured to submit a claim by stating that there is 'no risk' to the insured by submitting such claim; and (4) A statement or representation, or use of a logo or shield, that implies or could mistakenly be construed to imply that the solicitation was issued or distributed by a governmental agency or is sanctioned or endorsed by a governmental agency.

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(d) For purposes of this subsection, the term 'written advertisement' includes only newspapers, magazines, flyers, and bulk mailers. The following disclaimer, which is not required to be printed on standard size business cards, shall be added in bold print and capital letters in typeface no smaller than the typeface of the body of the text to all written advertisements of a public adjuster:
'THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD A CLAIM FOR AN INSURED PROPERTY LOSS OR DAMAGE AND YOU ARE SATISFIED WITH THE PAYMENT BY YOUR INSURER, YOU MAY DISREGARD THIS ADVERTISEMENT'.

33-23-43.8. (a) An adjuster shall not solicit or attempt to solicit a client for employment during the progress of a loss-producing natural disaster occurrence. For purposes of this subsection, the term 'natural disaster' means any natural disaster for which a state of emergency is proclaimed by the Governor. (b) An adjuster shall not solicit or attempt to solicit business on a loss or a claim in person, by telephone, or in any other manner at any time except between the hours of 8 A.M. and 10 P.M. on a weekday or a Saturday and between noon and 10 P.M. on a Sunday. This subsection shall not prohibit an adjuster from accepting phone calls or personal visits during the prohibited hours from an insured on the insured's initiation. (c) An adjuster shall not knowingly make any false report to the adjuster's employer or client and shall not divulge to any other person, except as the law may require, any information obtained except at the direction of the employer or the client for whom the information is obtained. (d) An adjuster shall not permit an unlicensed employee or other representative of the adjuster to in any manner conduct business for which a license is required under this chapter. (e) An agent shall not render services or perform acts that constitute the practice of law, including the giving of legal advice to any person, in his or her capacity as an adjuster. (f) A public adjuster shall not solicit or attempt to solicit business, directly or indirectly, or act in any manner on a bodily injury loss covered by a life, health, or accident insurance policy or on any claim for which the client is not an insured under the insurance policy. (g) An adjuster shall not:
(1) Participate directly or indirectly in the reconstruction, repair, or restoration of damaged property that is the subject of a claim adjusted by such adjuster; (2) Engage in any other activities that may reasonably be construed as presenting a conflict of interest, including soliciting or accepting any remuneration from, having a financial interest in, or deriving any direct or indirect financial benefit from, any salvage firm, repair firm, construction firm, or other firm that obtains business in connection with any claim the adjuster has a contract or agreement to adjust;

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(3) Without the knowledge and consent of the insured in writing, acquire an interest in salvaged property that is the subject of a claim adjusted by such adjuster. (4) Represent an insured on a claim or charge a fee to an insured while representing the insurance carrier against which such claim is made. (5) Directly or indirectly solicit employment for an attorney or enter into a contract with an insured for the primary purpose of referring an insured to an attorney without the intent to actually perform the services customarily provided by a licensed public adjuster. This Code section shall not be construed to prohibit an adjuster from recommending a particular attorney to an insured; or (6) Act on behalf of an attorney during the course of a claim adjustment, through an insured signed attorney representation agreement or other means. (h) An adjuster shall not engage in misrepresentation to solicit a contract or agreement to adjust a claim. (i) An adjuster shall not: (1) Advance money to any potential client or insured; or (2) Pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, to a person who is not a licensed public adjuster a fee, commission, or other valuable consideration for the referral of an insured to such adjuster for purposes of the insured entering into a contract with such adjuster or for any related purpose. (j) An adjuster shall not use any letterhead, advertisement, or other printed matter, or use any other means, to represent that such adjuster is an instrumentality of the federal government, of a state, or of a political subdivision of a state. (k) A contractor shall not act as a public adjuster or advertise to adjust claims for any property for which the contractor is providing or may provide contracting services, regardless of whether the contractor: (1) Holds a license under this chapter; or (2) Is authorized to act on behalf of the insured under a power of attorney or other agreement. However, a contractor may discuss or explain a bid for construction or repair of covered property with a residential property owner who has suffered loss or damage covered by a property insurance policy, or the insurer of such property, if the contractor is doing so for the usual and customary fees applicable to the work to be performed as stated in the contract between the contractor and the insured. (l) A public adjuster shall not accept a fee, commission, or other valuable consideration of any nature, regardless of form or amount, in exchange for the referral by such adjuster of an insured to any third-party individual or firm, including an attorney, appraiser, umpire, construction company, contractor, or salvage company. (m) No person who has had his or her license under this title refused or revoked shall be an owner, officer, or director of a business entity, association, or corporation if such entity, association, or corporation holds itself out as a public adjuster, a public adjusting firm, or otherwise represents itself or acts as an association of public adjusters or an association which offers public adjusting services."

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SECTION 5. Said article is further amended by revising and renumbering Code Section 33-23-43.2, relating to standard of conduct for public adjusters, as follows:
"33-23-43.9. (a) A public adjuster is obligated, under his or her license, to serve with objectivity and complete loyalty to the interest of his or her client alone and to render to the insured such information, counsel, and service within the public adjuster's knowledge, understanding, and opinion that will best serve the insured's insurance claim needs and interest. (b) A public adjuster shall faithfully observe all of the terms and provisions of the public adjuster contract as prescribed in Code Section 33-23-43.2."

SECTION 6. Said article is further amended by adding a new Code section to read as follows:
"33-23-43.10. (a) The Commissioner may deny an application for a license or suspend or revoke a license issued to any public adjuster on the basis of:
(1) A violation of this article or of any rule adopted by the Commissioner under this article; (2) A cause that constitutes grounds for denial of an original license; (3) Misrepresentation or fraud in obtaining a license; (4) The failure to pass a required license examination; (5) The misappropriation or conversion of money required to be held in a fiduciary capacity; (6) Material misrepresentation, with intent to deceive, of the terms of an insurance contract; (7) Engaging in a fraudulent transaction; (8) Demonstrating incompetence or untrustworthiness in the conduct of the license holder's affairs under the license, as determined by the Commissioner; (9) Conviction of a felony by a final judgment in a court of competent jurisdiction; or (10) Material misrepresentation, with intent to deceive, of the person's status as a public adjuster. (b) If the department proposes to refuse to issue an original license under this article or to suspend, revoke, or refuse to renew a license under this article, the rejected applicant or affected licensee is entitled to a notice and hearing in accordance with Chapter 2 of this title."

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

Approved May 4, 2021.

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HEALTH AUTHORIZE DEPARTMENT OF COMMUNITY HEALTH TO ASSESS ONE OR MORE PROVIDER MATCHING PAYMENTS ON AMBULANCE SERVICES FOR THE PURPOSE OF OBTAINING FEDERAL FINANCIAL PARTICIPATION FOR MEDICAID.

No. 186 (House Bill No. 271).

AN ACT

To amend Article 2 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to licenses for emergency medical services, so as to authorize the Department of Community Health to assess one or more provider matching payments on ambulance services for the purpose of obtaining federal financial participation for Medicaid; to provide for definitions; to provide for payment into the Indigent Care Trust Fund; to provide for penalties; to provide for the use of funds; to provide for inspection of records; to provide for rules and regulations; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to licenses for emergency medical services, is amended by adding a new Code section to read as follows:
"31-11-31.2. (a) As used in this Code section, the term:
(1) 'Ambulance service' means an entity licensed by the Department of Public Health pursuant to this chapter. (2) 'Board' means the Board of Community Health. (3) 'Department' means the Department of Community Health. (4) 'Provider matching payment' means a payment assessed by the board pursuant to this Code section on providers which operate an ambulance service. (b)(1) The board shall be authorized to establish and assess, by board rule, one or more provider matching payments on a subclass of ambulance services, as defined by the board; provided, however, that if any such provider matching payment is established and assessed, the provider matching payment shall comply with the requirements of 42 C.F.R. 433.68. Any provider matching payment assessed pursuant to this Code section shall not exceed the amount necessary to obtain federal financial participation allowable under Title XIX of the federal Social Security Act.

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(2) The board shall be authorized to discontinue any provider matching payment assessed pursuant to this Code section. The board shall cease to impose any such provider matching payment if:
(A) The provider matching payments are not eligible for federal matching funds under Title XIX of the federal Social Security Act; or (B) The department, as a direct result of the enactment of this Code section, reduces or supplants Medicaid payment rates to ambulance providers as such rates are in effect on June 30, 2021, or reduces or supplants the provider matching payment rate adjustment factors utilized in developing the state Fiscal Year 2021 capitated rates for Medicaid managed care organizations. (c)(1) Any provider matching payments assessed pursuant to this Code section shall be deposited into a segregated account within the Indigent Care Trust Fund created pursuant to Code Section 31-8-152 and used solely for the purpose of obtaining federal financial participation for medical assistance payments to providers on behalf of Medicaid recipients pursuant to Article 7 of Chapter 4 of Title 49. Any funds deposited into such segregated account pursuant to this Code section shall be subject to appropriation by the General Assembly. (2) The department shall be authorized to impose a penalty of up to 6 percent on the amount of any owed provider matching payments for any ambulance service that fails to pay a provider matching payment within the time required by the department for each month, or fraction thereof, that such provider matching payment is overdue. If a required provider matching payment has not been received by the department in accordance with department timelines, the department shall withhold an amount equal to the provider matching payment and penalty owed from any medical assistance payment due such ambulance service under the Medicaid program. Any provider matching payment assessed pursuant to this Code section shall constitute a debt due the state and may be collected by civil action and the filing of tax liens in addition to such methods provided for in this Code section. Any penalty that accrues pursuant to this subsection shall be credited to the applicable segregated account. (d)(1) Notwithstanding any other provision of Chapter 8 of this title, the General Assembly is authorized to appropriate as state funds to the department for use in any fiscal year all revenues dedicated and deposited into one or more segregated accounts. Such appropriations shall be authorized to be made for the sole purpose of obtaining federal financial participation for medical assistance payments to providers on behalf of Medicaid recipients pursuant to Article 7 of Chapter 4 of Title 49. Any appropriation from a segregated account for any purpose other than such medical assistance payments shall be void. (2) Revenues appropriated to the department pursuant to this Code section shall be used to match federal funds that are available for the purpose for which such funds have been appropriated.

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(3) Appropriations from a segregated account to the department shall not lapse to the general fund at the end of the fiscal year. (e) The department shall have the authority to inspect and copy the records of an ambulance service for purposes of auditing the calculation of the provider matching payment. All information obtained by the department pursuant to this Code section shall be confidential and shall not constitute a public record. (f) The board shall be authorized to establish rules and regulations to assess and collect any such provider matching payments, including, but not limited to, payment frequency and schedules, required information to be submitted, and record retention. (g) The provider matching payment provided for in this Code section shall be in addition to any license fee or fees imposed on an ambulance service pursuant to Code Section 31-11-31.1."

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

Approved May 4, 2021.

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REVENUE AND TAXATION COUNTY BOARDS OF EQUALIZATION; REMOVES CERTAIN TRAINING REQUIREMENTS FOR MEMBERS.

No. 187 (House Bill No. 292).

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 remove certain training requirements for members of county boards of equalization following their initial training for their first term; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by revising subparagraph (b)(2)(B) of Code Section 48-5-311, relating to creation of county boards of equalization, duties, review of assessments, and appeals, as follows:

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"(B)(i) Within the first year after a member's initial appointment to the board of equalization, each member shall satisfactorily complete not less than 40 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the commissioner pursuant to Code Section 48-5-13. (ii) The failure of any member to fulfill the requirements of the applicable provisions of division (i) of this subparagraph shall render such member ineligible to serve on the board; and the vacancy created thereby shall be filled in the same manner as other vacancies on the board are filled."

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

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

Approved May 4, 2021.

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INSURANCE "GEORGIA TELEHEALTH ACT"; EXTENSIVE REVISION.

No. 188 (House Bill No. 307).

AN ACT

To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to revise the "Georgia Telehealth Act"; to revise definitions; to authorize health care providers to provide telemedicine services from home; to authorize patients to receive telemedicine services from their home, workplace, or school; to allow for audio-only care under certain circumstances; to prohibit requirement that patient have in-person consultation before receiving telemedicine services; to prohibit more stringent utilization review requirements; to prohibit separate deductibles for telemedicine services; to prohibit requirement that health care providers use a specific telehealth platform or vendor; to prohibit additional restrictions on prescribing medications through telemedicine; to require documentation by health care providers for telemedicine services that equals or exceeds in-person consultation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by revising Code Section 33-24-56.4, relating to the "Georgia Telehealth Act," as follows:
"33-24-56.4. (a) This Code section shall be known and may be cited as the 'Georgia Telehealth Act.' (b) As used in this Code section, the term:
(1) 'Distant site' means a site at which a health care provider legally allowed to practice in this state is located while providing health care services by means of telemedicine or telehealth, which may include the home of the health care provider. (2) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed in this state, including, but not limited to, any health insurance plan established under Article 1 of Chapter 18 of Title 45 or under Article 7 of Chapter 4 of Title 49. (3) 'Insurer' means an accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance organization, provider sponsored health care corporation, managed care entity, or any similar entity authorized to issue contracts under this title or to provide health benefit policies. (3.1) 'Interprofessional consultation' means an assessment and management service in which a patient's health care provider seeks treatment advice from a consulting provider with specific specialty expertise to assist the patient's health care provider in diagnosing or treating the patient. (4) 'Originating site' means a site at which a patient is located at the time health care services are provided to him or her by means of telemedicine or telehealth, which may include a patient's home, workplace, or school; provided, however, that notwithstanding any other provision of law, insurers and providers may agree to alternative siting arrangements deemed appropriate by the parties. (5) 'Store and forward transfer' means the transmission of a patient's medical information either to or from an originating site or to or from the provider at the distant site, but does not require the patient being present nor must it be in real time. (6) 'Telehealth' means the use of information and communications technologies, including, but not limited to, telephones, remote patient monitoring devices or other electronic means which support clinical health care, provider consultation, patient and professional health related education, public health, and health administration. (7) 'Telemedicine' means a form of telehealth which is the delivery of clinical health care services by means of real-time two-way audio, visual, or other telecommunications or electronic communications, including the application of secure video conferencing or store and forward transfer technology to provide or support health care delivery, which

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facilitate the assessment, diagnosis, consultation, treatment, education, care management, and self-management of a patient's health care by a health care provider practicing within his or her scope of practice as would be practiced in-person with a patient as prescribed by applicable federal and state laws, rules, and regulations, and legally allowed to practice in this state, while such patient is at an originating site and the health care provider is at a distant site. Such term includes audio-only telephone only when no other means of real-time two-way audio, visual, or other telecommunications or electronic communications are available to the patient due to lack of availability of such real-time two-way audio, visual, or other telecommunications or electronic communications, due to lack of adequate broadband access, or because the use of other means of real-time two-way audio, visual, or other telecommunications or electronic communications is infeasible, impractical, or otherwise not medically advisable, as determined by the health care provider providing telemedicine services to the patient or as determined by another health care provider with an existing relationship with the patient. (c) It is the intent of the General Assembly to mitigate geographic discrimination in the delivery of health care by recognizing the application of and payment for covered medical care provided by means of telehealth, provided that such services are provided by a physician or by another health care practitioner or professional acting within the scope of practice of such health care practitioner or professional and in accordance with the provisions of Code Section 43-34-31. (d) Each insurer proposing to issue a health benefit policy shall provide coverage for the cost of health care services provided through telehealth or telemedicine as directed through regulations promulgated by the department. (e) An insurer shall not exclude a service for coverage solely because the service is provided through telemedicine services and is not provided through in-person consultation or contact between a health care provider and a patient for services appropriately provided through telemedicine services. (f) No insurer shall require an in-person consultation or contact before a patient may receive telemedicine services from a health care provider, except for the purposes of initial installation, setup, or delivery of in-home telehealth devices or services, or as otherwise required by state or federal law, rule, or regulation. (g) An insurer shall reimburse the treating provider or the consulting provider for the diagnosis, consultation, or treatment of the insured delivered through telemedicine services on the same basis and at least at the rate that the insurer is responsible for coverage for the provision of the same service through in-person consultation or contact; provided, however, that nothing in this subsection shall require (1) a health care provider or telemedicine company to accept more reimbursement than they are willing to charge or (2) an insurer to pay for a telemedicine service provided through an audio-only call for any service other than mental or behavioral health services. Payment for telemedicine interactions shall include reasonable compensation to the originating or distant site for the transmission cost incurred during the delivery of health care services; provided, however, that this shall not

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require the insurer to include payment for transmission costs if the originating or distant site is a home. (h) If a treating provider obtains interprofessional consultation from a consulting provider for a patient for whom the treating provider conducted an examination through telemedicine services, an insurer shall not require the consulting provider to conduct, either in-person or through telemedicine services, an examination of such patient in order to receive reimbursement, unless such examination by the consulting provider would be required for the provision of the same services when the initial examination of the patient by the treating provider was conducted through in-person consultation or contact. (i) No insurer shall impose any deductible or annual or lifetime dollar maximum on coverage for telemedicine services other than a deductible or annual or lifetime dollar maximum that applies in the aggregate to all items and services covered under the policy, or impose upon any person receiving benefits pursuant to this Code section any copayment, coinsurance, or deductible amounts, or any policy year, calendar year, lifetime, or other durational benefit limitation or maximum for benefits or services, that is not equally imposed upon all terms and services covered under the health benefit policy. (j) No insurer shall require its insureds to use telemedicine services in lieu of in-person consultation or contact. (k) On and after January 1, 2020, every health benefit policy that is issued, amended, or renewed shall include payment for services that are covered under such health benefit policy and are appropriately provided through telehealth in accordance with Code Section 43-34-31, this Code section, and generally accepted health care practices and standards prevailing in the applicable professional community at the time the services were provided. (l) No insurer shall impose any type of utilization review on telemedicine services unless such type of utilization review is imposed when the same services are provided through in-person consultation or contact. (m) No insurer shall restrict coverage of telehealth or telemedicine services to services provided by a particular vendor, or other third party, or services provided through a particular electronic communications technology platform; provided, however, that nothing in this Code section shall require an insurer to cover any telehealth or telemedicine services provided through an electronic communications technology platform that does not comply with applicable state and federal privacy laws. (n) No insurer shall place any restrictions on prescribing medications through telemedicine that are more restrictive than what is required under applicable state and federal laws for prescribing medications through in-person consultation or contact. (o) A health care provider shall maintain documentation of each health care service provided through telemedicine in a manner that is at least as extensive and thorough as when the health care service is provided through in-person consultation or contact and, upon request, make such documentation available in accordance with applicable state and federal law.

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(p) Nothing in this Code section shall be construed to limit, alter, or expand the scope of practice, standard of care, prescriptive authority, or supervision requirements for health care providers or privacy rights, other than as provided in applicable federal law and state laws, rules, and regulations."

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

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

Approved May 4, 2021.

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COMMERCE AND TRADE PROFESSIONS AND BUSINESSES AUTHORITY OF STATE BOARD OF FUNERAL SERVICE AND STATE BOARD OF CEMETERIANS.

No. 189 (House Bill No. 354).

AN ACT

To amend Titles 10 and 43 of the Official Code of Georgia Annotated, relating to commerce and trade and professions and businesses, respectively, so as to change certain provisions related to the authority of the State Board of Funeral Service and the State Board of Cemeterians; to require such boards to report suspected unlawful activity to the sheriff's office and the Attorney General; to require the Attorney General to provide notice of such suspected unlawful activity to the appropriate prosecuting attorney; 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 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by revising Code Section 10-14-3.1, relating to authority of the State Board of Funeral Service and the State Board of Cemeterians, as follows:
"10-14-3.1. As provided in this Code section, the boards may have all administrative powers and other powers necessary to carry out the provisions of this chapter, including the authority to

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promulgate rules and regulations, and the Secretary of State may delegate to the boards all such duties otherwise entrusted to the Secretary of State; provided, however, that the Secretary of State shall have sole authority over matters relating to the regulation of funds, trust funds, and escrow accounts and accounting and investigations concerning such matters but may delegate authority to the appropriate board for the review of such investigations and the determination as to disciplinary matters, necessary sanctions, and the enforcement of such decisions and sanctions. The State Board of Funeral Service shall have authority to promulgate rules and regulations and may be delegated the authority to make disciplinary and sanctioning decisions relating to funeral services or funeral merchandise. The State Board of Cemeterians shall have authority to promulgate rules and regulations and may be delegated the authority to make disciplinary and sanctioning decisions relating to burial services or burial merchandise. The Secretary of State may delegate to each board according to such duties and responsibilities of the boards."

SECTION 2. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in Chapter 8B, relating to the State Board of Cemeterians, by adding a new Code section to read as follows:
"43-8B-8. Any complaints received by the board shall be investigated within 30 days of receipt. If such investigation shows that there may be a violation of Code Section 10-14-17 or 10-14-18 or any felony violation of state or federal criminal law, there shall be an affirmative obligation on behalf of the board to provide notice of such potential illegalities within seven days to the Attorney General's office and to the sheriff's office in the county in which any of the illegalities are believed to have occurred in whole or in part. Upon receiving such notification, the Attorney General shall within a reasonable time period not to exceed 60 days conduct a review of such complaint and provide the appropriate prosecuting attorney within any jurisdiction in which any illegalities are believed to have occurred, in whole or in part, with relevant information uncovered during the course of the investigation that the prosecuting attorney requests."

SECTION 3. Said title is further amended in Article 1 of Chapter 18, relating to general provisions regarding funeral directors and establishments, embalmers, and crematories, by adding a new Code section to read as follows:
"43-18-10. Any complaints received by the board shall be investigated within 30 days of receipt. If such investigation shows that there may be a violation of Code Section 10-14-17 or 10-14-18 or any felony violation of state or federal criminal law, there shall be an affirmative obligation on behalf of the board to provide notice of such potential illegalities within seven days to the Attorney General's office and to the sheriff's office in the county

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in which any of the illegalities are believed to have occurred in whole or in part. Upon receiving such notification, the Attorney General shall within a reasonable time period not to exceed 60 days conduct a review of such complaint and provide the appropriate prosecuting attorney within any jurisdiction in which any illegalities are believed to have occurred, in whole or in part, with relevant information uncovered during the course of the investigation that the prosecuting attorney requests."

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

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

Approved May 4, 2021.

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CRIMES AND OFFENSES ELDER PERSONS; PENALTIES; IMPROPER SEXUAL CONTACT BY EMPLOYEE, AGENT, OR FOSTER PARENT; IMPROPER SEXUAL CONTACT WITHIN PROGRAMS AND FACILITIES USED BY INDIVIDUALS AS A CONDITION OF PROBATION OR PAROLE.

No. 190 (House Bill No. 363).

AN ACT

To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to revise definitions relative to the protection of elder persons; to remove enhanced penalties for certain offenses against persons 65 years of age or older or employees, agents, or volunteers at long-term care facilities; to provide for related matters; to repeal conflicting laws; and for other purposes. And to amend Title 16 relating to crimes and offenses so as to revise the offense of improper sexual contact by employee, agent, or foster parent; to revise and provide for definitions; to prohibit improper sexual contact within programs and facilities used by individuals as a condition of their probation or parole; to provide for a response to Bully v. State, 2020 Ga. App. LEXIS 628 (2020).

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by revising subsection (e) of Code Section 16-5-20, relating to simple assault, as follows:
"(e) Reserved."

SECTION 2. Said title is further amended in Code Section 16-5-23, relating to simple battery, by revising subsection (g) as follows:
"(g) Reserved."

SECTION 3. Said title is further amended in Code Section 16-5-23.1, relating to battery, by revising subsection (j) as follows:
"(j) Reserved."

SECTION 4. Said title is further amended in Code Section 16-5-100, relating to definitions relative to the protection of elder persons, by adding a new paragraph and revising paragraph (6) as follows:
"(0.1) 'Abuse of access' means the illegal taking of resources belonging to a disabled adult or elder person when access to the resources was obtained due to the disabled adult's or elder person's mental or physical incapacity." "(6) 'Exploit' means illegally or improperly using a disabled adult or elder person or that person's resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, abuse of access, or other similar means for one's own or another person's profit or advantage."

SECTION 5. Said title is further amended in Code Section 16-8-12, relating to penalties for theft in violation of Code Sections 16-8-2 through 16-8-9, by revising subsection (b) as follows:
"(b) Reserved."

SECTION 6. To Code Section 16-6-5.1 by revising paragraph (4) of, and adding a new paragraph to,
subsection (a) as follows: "(4) 'Employee' means an individual who works for salary, wages, or other
remuneration for an employer or sole proprietor."

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(11) 'Sole proprietor' means an individual who is an owner or operator of a program or facility rendering services or housing to another as a condition of such other person's probation or parole. By revising subsection 16-6-5.1 (b)(2) as follows: (2) Under probation, parole, a program or within a facility as a condition of probation or parole, accountability court, or pretrial diversion supervision of the office or court of which he or she is an employee or agent; (1) Enrolled as a student at a school of which he or she is an employee or agent; (2) Under probation, parole, a program or within a facility as a condition of probation or parole, accountability court, or pretrial diversion supervision of the office or court of which he or she is an employee or agent; By revising Code Section 16-6-5.1 (c)(2) as follows: (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: (2) Under probation, parole, a program or within a facility as a condition of probation or parole, accountability court, or pretrial diversion supervision of the office or court of which he or she is an employee or agent;

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

Approved May 4, 2021.

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CRIMES AND OFFENSES UPDATE SCHEDULES OF CONTROLLED SUBSTANCES AND DEFINITION OF DANGEROUS DRUG.

No. 191 (House Bill No. 367).

AN ACT

To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change certain provisions relating to Schedules I, II, III, IV, and V controlled substances; to change certain provisions relating to the definition of dangerous drug; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended in paragraph (1) of Code Section 16-13-25, relating to Schedule I controlled substances, by revising subparagraphs (K) and (V) and by adding a new subparagraph to read as follows
"(K) Reserved;" "(V) Reserved;" "(TT) Methyl-AP-237;"

SECTION 2. Said chapter is further amended by revising paragraph (3) of Code Section 16-13-25, relating to Schedule I controlled substances, by adding new paragraphs to read as follows:
"(HHHH) 5-methoxy-N,N-Dibutyltryptamine (5-MeO-DBT); (IIII) 5-methoxy-N,N-Diisobutyltryptamine (5-MeO-DIBT); (JJJJ) N-(1,4-dimethylpentyl)-3,4-dimethoxyamphetamine;"

SECTION 3. Said chapter is further amended by revising division (12)(L)(ii) of Code Section 16-13-25,
relating to Schedule I controlled substances, as follows: "(ii) By substitution at the 3-position with a cyclic or acyclic alkyl substitution or alkoxy substitution; or"

SECTION 4. Said chapter is further amended by revising Code Section 16-13-25, relating to Schedule I controlled substances, by substituting a semicolon for the period at the end of division (vi) of paragraph (15) and by adding a new paragraph to read as follows:
"(16) The N-substituted benzimidazole structural class, including any of the following derivatives, their salts, isomers, or salts of isomers unless specifically utilized as part of the manufacturing process by a commercial industry of a substance or material not intended for human ingestion or consumption, as a prescription administered under medical supervision, or for research at a recognized institution, whenever the existence of these salts, isomers, or salts of isomers is possible within the specific chemical designation or unless specifically excepted or listed in this or another schedule, structurally derived from N-substituted benzimidazole by substitution at the 1-position with an ethylamine group and by substitution at the 2-position with a benzyl group, whether or not the compound is further modified in any of the following ways:
(A) By monoalkyl or dialkyl substitution on the nitrogen of the 1-position ethylamine group, or by inclusion of the nitrogen in a cyclic structure;

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(B) By substitution on the benzylic carbon of the 2-position benzyl group by alkyl or carboxamide groups; (C) By substitution at the 3-position or 4-position of the benzyl group, or both, with alkyl, hydroxyl, alkoxy, acetoxy, halide, or sulfide groups; (D) By replacement of the 2-position benzyl group with an ethylbenzyl, thiophenol, or methoxybenzene group, which may be further substituted with alkyl, hydroxyl, alkoxy, acetoxy, halide, or sulfide groups; and (E) By substitution at the 5-position or 6-position with a nitro group or primary amine."

SECTION 5.
Said chapter is further amended by revising paragraph (2) of Code Section 16-13-26, relating to Schedule II controlled substances, by adding new subparagraphs to read as follows:
"(M.3) Norfentanyl;" "(M.5) Oliceridine;"

SECTION 6.
Said chapter is further amended by revising subsection (a) of Code Section 16-13-28, relating
to Schedule IV controlled substances, by adding new paragraphs to read as follows: "(2.05) Brexanolone;" "(8.1) Deschloroetizolam;" "(16.5) Lemborexant;" "(30.15) Remimazolam;"

SECTION 7.
Said chapter is further amended by revising Code Section 16-13-29, relating to Schedule V controlled substances, by revising paragraph (1.5), by replacing the period with a semicolon
at the end of paragraph (7), and by adding new paragraphs to read as follows: "(1.25) Cenobamate, including its salts;" "(1.5) Reserved;" "(8) Lasmiditan, including its salts, isomers, and salts of isomers."

SECTION 8.
Said chapter is further amended by revising subsection (b) of Code Section 16-13-71, relating
to the definition of dangerous drug, by adding new paragraphs to read as follows: "(.033) Abametapir;" "(43.5) Amisulpride;" "(54.5) Ansuvimab-zykl;" "(65.7) Artesunate;" "(68.14) Atoltivimab;" "(69.105) Avapritinib;" "(78.2) Belantamab mafodotin-blmf;"

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"(81.5) Bempedoic acid;" "(91.75) Berotralstat;" "(132.9) Capmatinib;" "(148.5) Cedazuridine;" "(195.6) Clascoterone;" "(213.45) Copper dotatate Cu-64;" "(332.88) Epidiolex: A drug product in finished dosage formulation in its original
container that has been approved by and labeled in compliance with the United States
Food and Drug Administration (FDA) that contains cannabidiol (CBD) derived from cannabis and contains no more than 0.1 percent (w/w) residual tetrahydrocannabinols;" "(334.85) Eptinezumab-jjmr;" "(388.4) Flortaucipir F 18;" "(396.4) Fluoroestradiol F 18;" "(406.935) Fostemsavir;" "(409.1) Gallium 68 PSMA-11;" "(472.3) Inebilizumab-cdon;" "(495.3) Isatuximab;" "(510.5) Lactitol;" "(529.05) Lonafarnib;" "(531.43) Lumasiran;" "(531.73) Lurbinectedin;" "(535.5) Maftivimab;" "(540.4) Margetuximab - anti HER2 mAb;" "(638.43) Naxitamab-gqgk;" "(643.5) Nifurtimox;" "(661.55) Odesivimab-ebgn;" "(663.71) Opicapone;" "(665.53) Osilodrostat;" "(680.1) Ozanimod;" "(692.545) Pemigatinib;" "(769.1) Pralsetinib;" "(832.95) Relugolix;" "(832.97) Remdesivir;" "(842.5) Rimegepant;" "(843.13) Ripretinib;" "(843.17) Risdiplam;" "(849.3) Sacituzumab govitecan-hziy;" "(851.5) Satralizumab-mwge;" "(853.85) Selpercatinib;" "(853.87) Selumetinib;" "(855.73) Setmelanotide;"

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"(881.07) Somapacitan-beco;" "(930.905) Tafasitamab-cxix;" "(931.33) Tazemetostat;" "(931.83) Teprotumumab-trbw;" "(967.58) Tirbanibulin;" "(988.5) Triheptanoin;" "(1014.5) Tucatinib;" "(1029.8) Vibegron;" "(1030.7) Viltolarsen;"

SECTION 9.
Said chapter is further amended in subsection (b) of Code Section 16-13-71, relating to the
definition of dangerous drug, by revising paragraphs (107.1), (154.45), (203), (270.5),
(506.8), (512.691), and (663.2) as follows: "(107.1) Reserved;" "(154.45) Reserved;" "(203) Clopidogrel;" "(270.5) Diclofenac See exceptions;" "(506.8) Ivermectin See exceptions;" "(512.691) Reserved;" "(663.2) Olopatadine See exceptions;"

SECTION 10.
Said chapter is further amended by revising subsection (c) of Code Section 16-13-71, relating
to the definition of dangerous drug, by adding new paragraphs to read as follows: "(7.95) Diclofenac Sodium When used with a strength of 1 percent or less in a topical gel;" "(12.1) Ivermectin When used with a strength of 0.5 percent or less in a topical lotion;" "(16.85) Olopatadine hydrochloride When used with a strength of 0.7 percent or less in an ophthalmic solution;"

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 May 4, 2021.

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ALCOHOLIC BEVERAGES LOCAL CONTROL OF CERTAIN DISTANCE REQUIREMENTS FOR SALE OR CONSUMPTION OF WINE AND MALT BEVERAGES.

No. 192 (House Bill No. 392).

AN ACT

To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain provisions related to the sale of alcoholic beverages; to allow for local control as to the distance requirements for the sale of wine and malt beverages for consumption off the premises from school grounds, but not to change provisions related to distances from school buildings; to provide an exception; to change a definition; to clarify that certain quantity limitations apply to package sales of certain alcoholic beverages; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by revising Code Section 3-3-21, relating to sales of alcoholic beverages near churches, school buildings, or other sites, as follows:
"3-3-21. (a)(1) No person knowingly and intentionally may sell or offer to sell: (A) Any distilled spirits in or within 100 yards of any church building or within 200 yards of any school building, educational building, school grounds, or college campus; (B) Any wine or malt beverages within 100 yards of any school building, school grounds, or college campus. This subparagraph shall not apply at any location for which a license has been issued prior to July 1, 1981, nor to the renewal of such license. Nor shall this subparagraph apply at any location for which a new license is applied for if the sale of wine and beer was lawful at such location at any time during the 12 months immediately preceding such application. Nothing in this subparagraph shall prohibit a grocery store licensed for the retail sale of only wine and malt beverages for consumption off the premises from selling wine or malt beverages within 100 yards of any school building, or college campus, where so permitted by resolution or ordinance of the county or municipality. As used in this subparagraph, the term 'grocery store' means a retail establishment which has a total retail floor space of at least 10,000 square feet of which at least 85 percent is reserved for the sale of food and other nonalcoholic items, conducts all of its sales inside the building containing its retail

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floor space, and meets such other criteria as may be required by the local governing authority of the county or municipality; or (C) Any distilled spirits, wine, or malt beverages within 100 yards of an alcoholic treatment center owned and operated by this state or any county or municipal government therein. This paragraph shall not apply to any business having a license in effect on July 1, 1981. (2) As used in this subsection, the term 'school building' or 'educational building' shall apply only to state, county, city, or church school buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of this state and which are public schools or private schools as defined in subsection (b) of Code Section 20-2-690. (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; (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; and (5) Licensees for retail sale packages of wine and malt beverages for consumption off the premises who shall be subject to regulation as to distances from school grounds by counties and municipalities; provided, however, that if such licensees are not regulated as to distances from school grounds, 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. (c) For purposes of this Code section, distances shall be measured by the most direct route of travel on the ground. (d) Reserved. (e)(1) As used in this subsection, the term 'housing authority property' means any property containing 300 housing units or fewer owned or operated by a housing authority created by Article 1 of Chapter 3 of Title 8, the 'Housing Authorities Law.'

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(2) No person knowingly and intentionally may sell any alcoholic beverages for consumption on the premises within 100 yards of any housing authority property. This subsection shall not apply at any location for which a license has been issued prior to July 1, 2000, nor to the renewal of such license. Nor shall this subsection apply at any location for which a new license is applied for if the sale of alcoholic beverages for consumption on the premises was lawful at such location at any time during the 12 months immediately preceding such application."

SECTION 2. Said title is further amended by revising paragraph (2) of Code Section 3-9-10, relating to definitions related to sales of alcoholic beverages by hotels and motels, as follows:
"(2) 'In-room service' means: (A) The delivery of alcoholic beverages by an employee of the hotel to a registered guest's room or to a registered guest at any other location in the same building as the hotel when such alcoholic beverages have been ordered by the guest and when the guest shall be billed for the cost of such alcoholic beverages at the time of delivery and when the sale of such alcoholic beverages is completed at the time of delivery; and (B) The provision of a cabinet or other facility located in a hotel's guest room which contains alcoholic beverages and which is provided upon written request of the guest and which is accessible by lock and key only to the guest and for which the sale of the alcoholic beverages contained therein is deemed to be final at the time requested except for a credit which may be given to the guest for any unused portion."

SECTION 3.
Said title is further amended by revising subsection (d) of Code Section 3-9-11, relating to licenses for in-room service, as follows:
"(d) Distilled spirits sold by the package pursuant to this article shall not be sold in packages containing less than 50 milliliters each."

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

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

Approved May 4, 2021.

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CRIMES AND OFFENSES TRANSFER REGULATORY AUTHORITY OVER BINGO FROM DIRECTOR OF GEORGIA BUREAU OF INVESTIGATION TO SECRETARY OF STATE.

No. 193 (House Bill No. 410).

AN ACT

To amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to transfer regulatory authority over bingo from the director of the Georgia Bureau of Investigation to the Secretary of State; to revise definitions; to provide for transfer of authority and continuity of 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. Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, is amended by revising Code Section 16-12-51, relating to definitions, as follows:
"16-12-51. As used in this part, the term:
(1) 'Bingo game' or 'nonprofit bingo game' means a game of chance played on cards with numbered squares in which counters or indicators are placed on numbers chosen by lot and won by covering a previously specified number or order of numbered squares. A bingo game may be played manually or with an electronic or computer device that stores the numbers from a player's card or cards, tracks the numbers chosen by lot when such numbers are entered by the player, and notifies the player of a winning combination; provided, however, that the numbers chosen by lot shall be chosen by a natural person who is physically located on the premises or property described in Code Section 16-12-57 on which the game is operated. Such words, terms, or phrases, as used in this paragraph, shall be strictly construed to include only the series of acts generally defined as bingo and shall exclude all other activity. (2) 'Bingo session' means a time period during which bingo games are played. (3) 'Nonprofit, tax-exempt organization' means an organization, association, corporation, or other legal entity which has been determined by the federal Internal Revenue Service to be exempt from taxation under federal tax law and which is exempt from taxation under the income tax laws of this state under Code Section 48-7-25; which is organized or incorporated in this state or authorized to do business in this state; and which uses the proceeds from any bingo games conducted by such organization solely within this state.

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(4) 'Operate,' 'operated,' or 'operating' means the direction, supervision, management, operation, control, or guidance of activity. (5) 'Recreational bingo' means a bingo session operated by any person or entity at no charge to participants in which the prizes for each bingo game during the bingo session shall be noncash prizes and the total of such prizes for each such game shall not exceed the amount established pursuant to regulations established by the Secretary of State. No such noncash prize awarded in recreational bingo shall be exchanged or redeemed for money or for any other prize with a value in excess of the amount established pursuant to regulations established by the Secretary of State. Recreational bingo shall also include a bingo session operated by a nonprofit, tax-exempt licensed operator of bingo games at no charge to participants in which the participants are senior citizens attending a function at a facility of the tax-exempt licensed organization or are residents of nursing homes, retirement homes, senior centers, or hospitals and in which the prizes for each bingo game during the bingo session shall be nominal cash prizes not to exceed $5.00 for any single prize and the total of such prizes for each such game shall not exceed the amount established pursuant to regulations established by the Secretary of State. Recreational bingo shall also include a bingo session operated by an employer with ten or more full-time employees for the purposes of providing a safe workplace incentive and in which the prizes are determined by the employer; provided, however, that no monetary consideration is required by any participant other than the employer and the employer expressly prohibits any monetary consideration from any employee. Recreational bingo shall not be considered a lottery as defined in paragraph (4) of Code Section 16-12-20 or a form of gambling as defined in Code Section 16-12-21."

SECTION 2. Said part is further amended by revising Code Section 16-12-52, relating to license required to operate bingo game and recreational bingo exception, as follows:
"16-12-52. (a) Any other law to the contrary notwithstanding except for subsection (b) of this Code section, no nonprofit, tax-exempt organization shall be permitted to operate a bingo game until the Secretary of State issues a license to the organization authorizing it to do so. In the event of any controversy concerning whether or not certain activity constitutes bingo for which a license may be issued, the decision of the Secretary of State shall control. The license described in this Code section is in addition to and not in lieu of any other licenses which may be required by this state or any political subdivision thereof, and no bingo game shall be operated until such time as all requisite licenses have been obtained. (b) Recreational bingo is a nonprofit bingo game or a bingo game operated by an employer with ten or more full-time employees for the purpose of providing a safe workplace incentive and shall not be subject to the licensing requirements and regulations provided in this part applicable to bingo games not considered recreational bingo and operated by nonprofit, tax-exempt organizations."

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SECTION 3. Said part is further amended by revising Code Section 16-12-53, relating to licensing procedure, fee, and renewal, as follows:
"16-12-53. (a) Any nonprofit, tax-exempt organization desiring to obtain a license to operate bingo games shall make application to the Secretary of State on forms prescribed by the Secretary of State and shall pay an annual fee of $100.00. No license shall be issued to any nonprofit, tax-exempt organization unless the organization has been in existence for 12 months immediately prior to the issuance of the license. The license will expire at 12:00 Midnight on December 31 following the granting of the license. Renewal applications for each calendar year shall be filed with the Secretary of State prior to January 1 of each year and shall be on a form prescribed by the Secretary of State. (b) Each application for a license and each application for renewal of a license shall contain the following information:
(1) The name and home address of the applicant and, if the applicant is a corporation, association, or other similar legal entity, the names and home addresses of each of the officers of the organization as well as the names and addresses of the directors, or other persons similarly situated, of the organization; (2) The names and home addresses of each of the persons who will be operating, advertising, or promoting the bingo game; (3) The names and home addresses of any persons, organizations, or other legal entities that will act as surety for the applicant or to which the applicant is financially indebted or to which any financial obligation is owed by the applicant; (4) A determination letter from the Internal Revenue Service certifying that the applicant is an organization exempt under federal tax law; (5) A statement affirming that the applicant is exempt under the income tax laws of this state under Code Section 48-7-25; (6) The location at which the applicant will conduct the bingo games and, if the premises on which the games are to be conducted is to be leased, a copy of the lease or rental agreement; (7) A statement showing the convictions, if any, for criminal offenses other than minor traffic offenses of each of the persons listed in paragraphs (1), (2), and (3) of this subsection; and (8) Any other necessary and reasonable information which the Secretary of State may require. (c) The Secretary of State shall refuse to grant a bingo license to any applicant who fails to provide fully the information required by this Code section. (d) When a nonprofit, tax-exempt organization which operates or intends to operate bingo games for residents and patients of a retirement home, nursing home, or hospital operated by that organization at which gross receipts are or will be limited to $100.00 or less during each bingo session and pays or will pay prizes having a value of $100.00 or less during

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each bingo session, then, notwithstanding any other provision of this part or any rule or regulation promulgated by the Secretary of State pursuant to the provisions of Code Section 16-12-61, neither the applicant nor any of the persons whose names and addresses are required under paragraphs (1) and (2) of subsection (b) of this Code section shall be required to submit or provide fingerprints or photographs as a condition of being granted a license. (e) If the Secretary of State determines that an organization has one or more auxiliaries, the members of any such auxiliary may assist in such organization's bingo operations, even if such auxiliary holds a license under this part, and the members of the main organization may assist in the bingo operations of any such licensed auxiliary."

SECTION 4. Said part is further amended by revising Code Section 16-12-54, relating to revocation of licenses and access to premises by law enforcement agencies, as follows:
"16-12-54. (a) The Secretary of State shall have the specific authority to suspend or revoke any license for any violation of this part or for any violation of any rule or regulation promulgated under this part. Any licensee accused of violating any provision of this part or of any rule or regulation promulgated hereunder shall be entitled, unless waived, to a hearing on the matter of the alleged violation conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) By making application for a license under this part, every applicant consents that the Secretary of State, as well as any of his or her agents, together with any prosecuting attorney, as well as any of his or her agents, may come upon the premises of any licensee or upon any premises on which any licensee is conducting a bingo game for the purpose of examining the accounts and records of the licensee to determine if a violation of this part has occurred."

SECTION 5. Said part is further amended by revising Code Section 16-12-55, relating to certification of tax-exempt status of organization and issuance of certificate of licensure, as follows:
"16-12-55. The Secretary of State shall upon the request of any prosecuting attorney or his or her designee certify the status of any organization as to that organization's exemption from payment of state income taxes as a nonprofit organization. The Secretary of State shall also upon request issue a certificate indicating whether any particular organization holds a currently valid license to operate a bingo game. Code Section 48-7-60, relative to the disclosure of income tax information, shall not apply to the furnishing of such certificate."

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SECTION 6. Said part is further amended by revising Code Section 16-12-56, relating to issuance of annual one-day license to nonprofit, tax-exempt school and application, as follows:
"16-12-56. Notwithstanding the other provisions of this part, the Secretary of State upon receiving written application therefor shall be authorized to issue a one-time license to a nonprofit, tax-exempt school which will allow it to operate a bingo game one day annually. In such cases, the Secretary of State shall have the power to waive the license fee provided for in Code Section 16-12-53, to waive the annual report provided for in Code Section 16-12-59, and otherwise promulgate rules and regulations to carry out this Code section."

SECTION 7. Said part is further amended by revising Code Section 16-12-59, relating to annual report to be filed with the director, as follows:
"16-12-59. On or before April 15 of each year, every nonprofit, tax-exempt organization engaged in operating bingo games shall file with the Secretary of State a report disclosing all receipts and expenditures relating to the operation of bingo games in the previous year. The report shall be in addition to all other reports required by law. The report shall be prepared and signed by a certified public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection."

SECTION 8. Said part is further amended by revising Code Section 16-12-61, relating to promulgation of necessary rules and regulations by director authorized, as follows:
"16-12-61. The Secretary of State is authorized to promulgate rules and regulations which he or she deems necessary for the proper administration and enforcement of this part."

SECTION 9. Said part is further amended by revising Code Section 16-12-62, relating to penalties, as follows:
"16-12-62. Any person who operates a bingo game for which a license is required without a valid license issued by the Secretary of State as provided in this part commits the offense of commercial gambling as defined in Code Section 16-12-22 and, upon conviction thereof, shall be punished accordingly. Any person who knowingly aids, abets, or otherwise assists in the operation of a bingo game for which a license is required and has not been obtained as provided in this part similarly commits the offense of commercial gambling. Any person who violates any other provision of this part, including the provisions relating to recreational bingo, shall be guilty of a misdemeanor of a high and aggravated nature. Any

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person who commits any such violation after having previously been convicted of any violations of this part shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $10,000.00, or both."

SECTION 10. Said part is further amended by adding a new Code section to read as follows:
"16-12-63. (a) The Secretary of State shall succeed to all rules, regulations, policies, procedures, and pending and finalized administrative orders of the director of the Georgia Bureau of Investigation applicable to regulation of bingo games and recreational bingo under this part which are in effect on June 30, 2021. Such rules, regulations, policies, procedures, and orders shall remain in effect until amended, repealed, superseded, or nullified by the Secretary of State. (b) All valid agreements, contracts, licenses, permits, certificates, and similar authorizations previously issued by the director of the Georgia Bureau of Investigation with respect to any function transferred to the Secretary of State under this part shall continue in effect until the same expire by their terms unless they are suspended, revoked, or otherwise made ineffective, as provided by law. (c) Effective July 1, 2021, the Secretary of State shall carry out all of the functions and obligations and exercise all of the powers provided in this part which were formerly held by the director of the Georgia Bureau of Investigation. All records in possession of the director of the Georgia Bureau of Investigation which are exclusively used for the regulation of bingo games and recreational bingo under this part shall be transferred to the Secretary of State on July 1, 2021."

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Approved May 4, 2021.

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MOTOR VEHICLES AND TRAFFIC PROVIDES FOR SPECIAL LICENSE PLATES FOR CERTIFIED, VOLUNTEER, AND RETIRED FIREFIGHTERS.

No. 194 (House Bill No. 453).

AN ACT

To amend Code Section 40-2-86.1 of the Official Code of Georgia Annotated, 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, so as to provide for standards for proof of eligibility for special license plates for certified, volunteer, and retired firefighters; to provide for the issuance of such special license plates; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 40-2-86.1 of the Official Code of Georgia Annotated, 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, is amended by revising paragraph (9) of subsection (l) as follows:
"(9)(A) A special license plate for owners of a private passenger car or truck used for transportation purposes unrelated to their role as a firefighter, who are firefighters certified pursuant to Chapter 4 of Title 25 and who are members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and motor vehicle owners who are firefighters of legally organized volunteer fire departments which have been certified pursuant to Article 2 of Chapter 3 of Title 25. Such license plate shall be inscribed with such letters, numbers, words, symbols, or a combination thereof as determined by the commissioner to identify the owner as a firefighter. The chiefs of the various fire departments shall furnish to the commissioner a list of the certified firefighters and volunteer firefighters of their fire departments who reside in Georgia, which list shall be updated as necessary. Such list shall be made available to county tag agents and shall be the means by which eligibility of an applicant shall be determined; provided, however, that an applicant not appearing on the list may prove qualification by presenting proof of retirement or current certification from his or her chief. The funds raised by the sale of this license plate shall be deposited in the general fund. (B) Should a certified firefighter or volunteer firefighter who has been issued a special and distinctive license plate be separated from such firefighter's department for any reason other than retirement from employment, the separated firefighter shall, within 14 days of such separation, return such special and distinctive license plate to the

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issuing county tag agent. Upon receipt of such special and distinctive license plate, a county tag agent shall reissue a regular license plate and the appropriate revalidation decal for the applicable registration period, at no additional charge, to such former firefighter to replace the special and distinctive license plate. Should a firefighter return to service with the same or another fire department, the chief of the fire department employing such firefighter shall secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has become a member of the fire department, and the effective date thereof, whereupon the commissioner shall, upon application and upon the payment of a $35.00 manufacturing fee and all other applicable registration and licensing fees at the time of registration, reissue a special and distinctive license plate to such new member to replace the returned regular license plate. (C) Motor vehicle owners who were firefighters certified pursuant to Chapter 4 of Title 25 or were members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and who retired from employment as such shall continue to be eligible for the firefighter license plates issued under this paragraph the same as if they continued to be certified and employed as firefighters. Whenever such a certified firefighter who has been issued a special and distinctive license plate is retired from employment with such firefighter's department, the chief of such fire department shall forward to the commissioner a certificate to the effect that such person has been retired. The name of such retired firefighter shall be added to the list described in subparagraph (A) of this paragraph and made available to county tag agents. (D) The spouse of a deceased firefighter shall continue to be eligible to be issued a distinctive special firefighter's license plate as provided in this paragraph so long as such person does not remarry."

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

Approved May 4, 2021.

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INSURANCE COVERAGE REQUIREMENTS FOR PROVIDERS THAT BECOME OUT-OF-NETWORK DURING PLAN YEAR; RIGHT TO SHOP FOR INSURANCE COVERAGE; EFFECTIVE DATE.

No. 195 (House Bill No. 454).

AN ACT

To amend Code Section 33-20C-2 of the Official Code of Georgia Annotated, relating to online provider directories, so as to provide for certain coverage requirements concerning providers that become out-of-network during a plan year; to provide for exceptions and applicability; to amend Code Section 33-24-59.27 of the Official Code of Georgia Annotated, relating to the right to shop for insurance coverage, so as to revise the effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 33-20C-2 of the Official Code of Georgia Annotated, relating to online provider directories, is amended by adding a new subsection to read as follows:
"(g)(1) When an insurer's provider directory accessed through the insurer's website includes a provider as a participating provider for a network plan at such time as a prospective covered person selects his or her health benefit plan during the designated open enrollment time frame, and subsequent to open enrollment in the succeeding plan year, the provider is no longer in-network for the covered person's benefit plan, such insurer shall, subject to the coverage terms of the health benefit plan, reimburse the provider at its most recent contracted in-network rates for a period ending 180 days after the date upon which the provider contract terminates or ending on the last day of the covered person's coverage, whichever occurs sooner. The provider shall accept the insurer's payment in full. Any amount paid to the provider by the insurer pursuant to 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 covered person. (2) In the event of a public health emergency, including but not limited to a public health emergency as defined in Code Section 31-12-1.1, an insurer shall, for a period commencing on the effective date of the public health emergency and ending 150 days after the expiration of such public health emergency:
(A) Be prohibited from terminating a provider from the insurer's network; and (B) Reimburse a provider at its most recent contracted in-network rates. (3) This subsection (g)(and with respect to (D) below, only subsection now (g)(1)) shall not apply if the:

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(A) Provider becomes out-of-network due to suspension, expiration, or revocation of such provider's license; (B) Provider unilaterally terminates participation in the insurer's network plan without cause; (C) Insurer terminates the provider for cause for fraud, misrepresentation, or other actions constituting a termination for cause under such provider's contract; or (D) Insurer's provider directory accessed through the insurer's website accurately displayed any future date on which such provider would become out of network, 15 days prior to the beginning of , and all during, the designated open enrollment time frame. (4) The provisions of subsection (d) of Code Section 33-20C-3 shall not apply to the circumstances described in paragraph (1) of this subsection."

SECTION 1A. Code Section 33-24-59.27 of the Official Code of Georgia Annotated, relating to the right to shop for insurance coverage, is amended by adding a new subsection to read follows:
"(i) This Code section shall become effective on January 1, 2022."

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

Approved May 4, 2021.

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MOTOR VEHICLES AND TRAFFIC PROFESSIONS AND BUSINESSES DRIVER EDUCATION TRAINING COURSES.

No. 196 (House Bill No. 466).

AN ACT

To amend Chapter 5 of Title 40 and Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to relating to drivers' licenses and driver training schools, respectively, so as to provide for driver education training courses; to provide for requirements for the issuance of Class C and Class D drivers' licenses; to provide for exemptions; to allow driver training schools to conduct on-the-road testing; to provide for driving training requirements; to provide for waiver of certain fees; to provide for standards for examination of applicants by a driver training school; to provide for issuance of a license to driving school instructors to teach certain courses and perform driver's examinations; to provide for transfer of ownership of driver training schools, risk reduction programs, and driver improvement

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programs; to provide for definitions and 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 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended in Code Section 40-5-1, relating to definitions, by adding new paragraphs to read as follows:
"(8.1) 'Driver education training course' means any course approved by the department pursuant to Code Section 40-5-10. (8.2) 'Driver training school' means any person licensed by the department pursuant to Chapter 13 of Title 43."

SECTION 2. Said chapter is further amended by adding a new Code section to read as follows:
"40-5-10. (a) The department shall establish standards for approval of curriculum for a driver education training course, provided that such course shall be designed to educate young drivers about safe driving practices and the traffic laws of this state and to train young drivers in the safe operation of motor vehicles. (b) The department shall provide for the approval of similar courses from other states to satisfy the requirements of this chapter relating to driver education training courses for any child moving into this state within nine months of his or her sixteenth birthday when the child's parent is in the active military service of the United States. (c) Driver education training courses may be offered:
(1) By the department, a driver training school, a public or private high school, or a home education instructor; and (2) Through in-person instruction, online courses, or remote participation platforms provided by in-person instruction providers. (d) The department shall promulgate rules and regulations to implement the provisions of this Code section."

SECTION 3. Said chapter is further amended in Code Section 40-5-22, relating to persons not to be licensed, minimum ages for licensees, school enrollment requirements, driving training requirements, limited driving permit, and expired licenses, by revising subsections (a) and (a.2) as follows:
"(a) Except as otherwise provided in this Code section, the department shall not issue any Class C driver's license to any person who is under 18 years of age or Class M driver's license to any person who is under 17 years of age, except that the department may, under

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subsection (a) of Code Section 40-5-24, issue a Class P instruction permit permitting the operation of a noncommercial Class C vehicle to any person who is at least 15 years of age, and may, under Code Section 40-5-24, issue a Class D driver's license permitting the operation of a noncommercial Class C vehicle to any person who is at least 16 years of age. The department shall not issue a driver's license or a Class P instruction permit for the operation of a Class A or B vehicle or any commercial driver's license to any person who is under 18 years of age."
"(a.2)(1) Except as otherwise provided in paragraph (2) of this subsection, the department shall not issue any initial Class D driver's license or, in the case of a person who has never been issued a Class D driver's license by the department or the equivalent thereof by any other jurisdiction, any initial Class C driver's license to a person under 18 years of age unless such person:
(A) Is at least 16 years of age; (B) Has completed a driver education course; (C) Has completed an alcohol and drug course as prescribed in subsection (b) of Code Section 20-2-142; and (D) Has completed a cumulative total of at least 40 hours of other supervised driving experience, including at least six hours at night, which is verified in writing signed before a person authorized to administer oaths by a parent or guardian of the applicant or by the applicant if such person is at least 18 years of age; provided, however, that such affidavit shall not be required when behind-the-wheel training has been provided by a driver training school. (2) Any person under 18 years of age who has in his or her immediate possession a valid license equivalent to a Class C license issued to him or her in another state or country shall be entitled to receive a Class C license. (3) The commissioner shall by rule or regulation provide for the approval of courses from other states to satisfy the requirements of this Code section for any child moving into this state within nine months of his or her sixteenth birthday when the child's parent is in the active military service of the United States. (4) For purposes of supervised driving experience under paragraph (1) of this subsection, supervision shall be provided by a person at least 21 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver."

SECTION 4. Said chapter is further amended in Code Section 40-5-24, relating to instruction permits, graduated licensing and related restrictions, and temporary licenses, by revising paragraphs (2) and (3) of subsection (a) and subsections (b), (c), and (f) as follows:
"(2) This subsection does not apply to instruction permits for the operation of motorcycles.

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(b)(1)(A) Except as provided in subparagraph (B) of this paragraph, any resident of this state who is at least 16 years of age and who, for a period of at least 12 months, had a valid instruction permit issued under subsection (a) of this Code section may apply to the department for a Class D driver's license to operate a noncommercial Class C vehicle if such resident has:
(i) For a period of not less than 12 consecutive months prior to making application for a Class D driver's license, not been convicted of a violation of Code Section 40-6-391, hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets in violation of Code Section 40-6-186, using a motor vehicle in fleeing or attempting to elude an officer in violation of Code Section 40-6-395, reckless driving in violation of Code Section 40-6-390, or convicted of any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57; and (ii) Completed the requisite courses and supervised driving experience set forth in subsection (a.2) of Code Section 40-5-22. (B) Any resident at least 17 years of age who has at any age surrendered to the department a valid instruction permit or driver's license issued by another state or the District of Columbia or who has submitted to the department proof, to the satisfaction of the department, of a valid instruction permit or driver's license issued by another state or the District of Columbia may apply his or her driving record under such previously issued permit or driver's license toward meeting the eligibility requirements for a Class D driver's license the same as if such previously issued permit or driver's license were an instruction permit issued under subsection (a) of this Code section. (2) The department shall, after all applicable requirements have been met, issue to the applicant a Class D driver's license which shall entitle the applicant, while having such license in his or her immediate possession, to drive a Class C vehicle upon the public highways of this state under the following conditions: (A) Any Class D license holder shall not drive a Class C motor vehicle on the public roads, streets, or highways of this state between the hours of 12:00 Midnight and 5:00 A.M. eastern standard time or eastern daylight time, whichever is applicable; and (B)(i) Any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than three other passengers in the vehicle who are not members of the driver's immediate family are less than 21 years of age. (ii) During the six-month period immediately following issuance of such license, any Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when any other passenger in the vehicle is not a member of the driver's immediate family. (iii) Notwithstanding the provisions of division (i) of this subparagraph, during the second six-month period immediately following issuance of such license, any Class D

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license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than one other passenger in the vehicle who is not a member of the driver's immediate family is less than 21 years of age; provided, however, that a Class D license holder shall not be charged with a violation of this paragraph alone but may be charged with violating this paragraph in addition to any other traffic offense. (C) For purposes of this paragraph, the term 'immediate family' shall include the license holder's parents and stepparents, grandparents, siblings and stepsiblings, children, and any other person who resides at the license holder's residence. (3) A person who has been issued a Class D driver's license under this subsection and has never been issued a Class C driver's license under this chapter will become eligible for a Class C driver's license under this chapter only if such person has a valid Class D driver's license which is not under suspension and, for a period of not less than 12 consecutive months prior to making application for a Class C driver's license, has not been convicted of a violation of Code Section 40-6-391, hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, racing on highways or streets in violation of Code Section 40-6-186, using a motor vehicle in fleeing or attempting to elude an officer in violation of Code Section 40-6-395, reckless driving in violation of Code Section 40-6-390, or convicted of any offense for which four or more points are assessable under subsection (c) of Code Section 40-5-57 and is at least 18 years of age; provided, however, that any person at least 17 years of age who provides proof of military enlistment and meets all other qualifications of this paragraph, except that such person has held a Class D driver's license for a period of less than 12 consecutive months, shall be eligible for a Class C driver's license. (c) Any resident of this state who is at least 17 years of age may apply to the department for a noncommercial Class M motorcycle instruction permit. The department shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a motorcycle or a motor driven cycle upon the public highways for a period of six months; provided, however, that a person who is at least 16 years of age and meets all of the other qualifications of this subsection except for age who has completed a driver education training course may apply for a Class M motorcycle instruction permit. A motorcycle instruction permit shall not be valid when carrying passengers, on a limited access highway, or at night."

SECTION 5. Said chapter is further amended in Code Section 40-5-25, relating to applications, fees, waiver of fees, and provisions for voluntary participation in various programs, by revising paragraph (2) of subsection (b) and subsection (f) as follows:
"(2) The department shall waive the license fee for each person applying for a Class P noncommercial instruction permit for a Class C driver's license when the noncommercial

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knowledge test is to be administered by a driver training school or public or private high school authorized to administer such tests as provided for in subsection (d) of Code Section 40-5-27." "(f) The General Assembly finds that it is in the best interests of this state to encourage alcohol and drug education to inform young people of the dangers involved in consuming alcohol or certain drugs while operating a motor vehicle. The General Assembly further finds that parental or guardian involvement in an alcohol and drug awareness program will assist in reducing the number of young persons involved in driving under the influence of drugs or alcohol. To promote these purposes, where a parent or guardian successfully participates in the parent-guardian component of the alcohol and drug course required by subsection (a.2) of Code Section 40-5-22 as prescribed in subsection (b) of Code Section 20-2-142, each parent or guardian shall be entitled to a one-time three-year online motor vehicle report."

SECTION 6. Said chapter is further amended in Code Section 40-5-27, relating to examination of applicants for drivers' licenses, by revising subsection (d) as follows:
"(d) The department shall authorize driver training schools qualified pursuant to the provisions of this subsection to conduct knowledge tests, on-the-road driving tests, and other tests required for issuance of a driver's license; provided that any driver training school authorized to conduct such tests shall continue to provide driver education training courses on a full-time basis during any period of time such school is authorized to conduct testing.
(1) The department shall authorize a driver training school which has been licensed for a minimum of two years and conducted driver education training courses on a full-time basis for at least two years to administer the on-the-road driving testing provided for in this Code section, provided that:
(A) An applicant under 18 years of age has successfully completed: (i) A driver education training course which includes a minimum of 30 class hours of instruction; and (ii) Six hours of private in-car instruction provided by a licensed instructor employed by the driver training school administering such on-the-road driving test.
(B) An applicant 18 years of age or older has successfully completed a minimum of six hours of private in-car instruction provided by a licensed instructor employed by the driver training school administering such on-the-road driving test. (2) The department shall authorize a driver training school which has administered the on-the-road driving test as provided for in subparagraph (A) of paragraph (1) of this subsection for five years or more to administer the on-the road driving test to any applicant 17 years of age or older; provided, however that any driver training school which had administered the on-the-road driving test as provided for in subparagraph (A) of paragraph (1) of this subsection for at least two years on January 1, 2021, shall be

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authorized to administer the on-the road driving test to any applicant 17 years of age or older. (3) The department may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any Class P instruction permit, Class C driver's license, or Class D driver's license under this Code section. (4) The department may authorize public and private high schools to conduct knowledge tests required for issuance of a Class P instruction permit or Class D driver's license or both."

SECTION 7. Said chapter is further amended in Code Section 40-5-83, relating to establishment, approval, and operation of clinics and programs, out-of-state certificates of completion, instructor licenses, fees, and submission of fingerprints by applicants, by revising paragraphs (1.1) and (2) of subsection (a) and subsection (c) as follows:
"(2)(A) No driver improvement clinic shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name used by any other driver improvement clinic, Georgia company, or Georgia corporation registered with the Secretary of State. This subparagraph shall not prohibit the franchising or licensing of any part or all of the name of a driver improvement clinic by the owner or the rights thereof to another licensed driver improvement clinic. (B) This paragraph shall not prohibit the franchising or licensing of any part or all of the name of a clinic by the owner of the rights therein to another licensed driver improvement clinic." "(c) The commissioner shall be authorized to issue a special license to the instructor of any driver improvement clinic who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver improvement clinic shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. The commissioner shall be authorized to issue a special license to a licensed instructor of any driver training school to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142 who is qualified to teach a driver education training course, which course consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training. The alcohol and drug program may be included in the 30 hours of classroom training as part of a curriculum approved by the department. Any fee authorized by law for such a drug and alcohol course may be included in the tuition charge for a driver education training course. Any text or workbook provided or required by the department for such alcohol and drug course shall be provided by the department at the same fee as currently charged by the department to any public or private school, contractor, or appropriate representative currently teaching the program."

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SECTION 8. Said chapter is further amended in Code Section 40-5-147, relating to requirements for issuance of commercial driver's license or instruction permit, administration of skills test by third party, waiver or exemption, and disqualification and notice, by revising paragraph (2) of subsection (a) as follows:
"(2) The department may authorize a third party, including an agency of this or another state, an employer, a driver training school, or a public or private high school or a department, agency, or instrumentality of a local government, to administer the skills test specified by this Code section, provided that:
(A) The test is the same which would otherwise be administered by the state; (B) The third party has entered into an agreement with the state which complies with the requirements set forth in 49 C.F.R. Part 383.75; (C) The third party complies with all other requirements set by the department by regulations; and (D) The third party possesses and maintains a surety bond in an amount to be set by the department through regulations. Such amount shall be sufficient to pay for retesting of drivers if required due to examiners engaging in fraudulent activities related to the skills test."

SECTION 9. Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to driver training schools, is amended in Code Section 43-13-2, relating to definitions, by revising paragraph (3) as follows:
"(3) 'Driver training course' means instruction for the purpose of assisting persons to meet the requirements for licensed driving of Class C or Class M motor vehicles in this state and which may be offered through in-person instruction, online courses, or remote participation platforms."

SECTION 10. Said chapter is further amended by adding a new Code section to read as follows:
"43-13-6.2. (a) The commissioner of driver services shall be authorized to issue a special license to the instructor of any driver training school authorizing such instructor to teach a defensive driving course at a driver improvement clinic approved pursuant to Code Section 40-5-83 if such instructor is qualified to teach a driver education training course in accordance with Chapter 5 of Title 40 which consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training and such instructor certifies to the commissioner that he or she has provided at least 300 hours of behind-the-wheel training in a driver education training course in accordance with Chapter 5 of Title 40. (b) The commissioner of driver services shall be authorized to issue a special license to the instructor of any driver training school authorizing such instructor to serve as a driver's

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license examiner and conduct tests required for issuance of a driver's license pursuant to subsection (d) of Code Section 40-5-27 if such instructor has held his or her license with a driver training school for at least six months and certifies to the commissioner that he or she has provided at least 500 hours of behind-the-wheel training."

SECTION 11. Said chapter is further amended by adding a new Code section to read as follows:
"43-13-7.1. Whenever there is a change in ownership of a driver training school, DUI Alcohol or Drug Use Risk Reduction Program, or driver improvement program, the department shall be notified no later than 30 days after such change in ownership. After any change in ownership to any person otherwise qualified to operate a driver training school, DUI Alcohol or Drug Use Risk Reduction Program, or driver improvement program pursuant to this chapter or Title 40, the department shall consider the duration of operation of any previous owner in any required calculation for duration of operation by a successor owner."

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

Approved May 4, 2021.

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PROPERTY RECORDING OF PLATS AND PLANS; PLANS NOT REQUIRED WHEN UNITS ARE NOT DESIGNATED BY PHYSICAL STRUCTURES; PLATS NOT REQUIRED FOR SUBCONDOMINIUMS.

No. 197 (House Bill No. 470).

AN ACT

To amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, so as to provide that no plans are required when units are not designated by physical structures; to provide that no plats are required for subcondominiums; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, is amended in Code Section 44-3-83, relating to recording of plats and plans, contents, completion of structural improvements, and certification by registered architect or engineer, by adding new subsections to read as follows:
"(f) Except for a unit that is an individual residential dwelling intended for single-family occupancy, nothing in this Code section shall require plans for a unit when the boundaries of the unit are not designated by walls, floors, ceilings, or other physical structures, provided that the boundaries of the unit are depicted on a plat of survey prepared in accordance with subsection (a) of this Code section. (g) Nothing in this Code section shall require a separate plat of survey for a subcondominium."

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

Approved May 4, 2021.

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COURTS CHIEF MAGISTRATES AND MAGISTRATES; CLERKS OF MAGISTRATE COURT; COMPENSATION.

No. 198 (House Bill No. 488).

AN ACT

To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for an increase in the minimum compensation for chief magistrates; to provide for the calculation of future increases in the minimum compensation for chief magistrates; to provide for an increase in the minimum compensation for other magistrates; to provide for an increase in the minimum compensation for clerks of magistrate courts; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-10-23, relating to minimum compensation, annual salary, increases, and supplements of magistrates, as follows:
"15-10-23. (a)(1) As used in this Code section, the term 'full-time capacity' means, in the case of a chief magistrate, a chief magistrate who regularly exercises the powers of a magistrate as set forth in Code Section 15-10-2 at least 40 hours per workweek. In the case of all other magistrates, such term means a magistrate who was appointed to a full-time magistrate position and who regularly exercises the powers of a magistrate as set forth in Code Section 15-10-2 at least 40 hours per workweek. (2) Unless otherwise provided by local law, effective January 1, 2022, the chief magistrate of each county who serves in a full-time capacity other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule:

Population

Minimum Salary

0 - 5,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36,288.19

6,000 - 11,889. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49,833.79

11,890 - 19,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56,451.65

20,000 - 28,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59,934.60

29,000 - 38,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64,512.39

39,000 - 49,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68,547.73

50,000 - 74,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76,834.09

75,000 - 99,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82,472.75

100,000 - 149,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88,109.64

150,000 - 199,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94,082.74

200,000 - 249,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102,736.58

250,000 - 299,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111,523.74

300,000 - 399,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123,109.97

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400,000 - 499,999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128,108.37
500,000 or more. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133,106.73
The minimum salary for each affected chief magistrate shall be fixed from the table in this subsection according to the population of the county in which the chief magistrate serves as determined by the United States decennial census of 2010 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 that is higher than the immediately preceding decennial census. Notwithstanding the provisions of this subsection, unless otherwise provided by local law, effective January 1, 1996, in any county in which more than 70 percent of the population according to the United States decennial census of 1990 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for purposes of this subsection shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government. (3) All other chief magistrates shall receive a minimum monthly salary equal to the hourly rate that a full-time chief magistrate of the county would receive according to paragraph (2) of this subsection multiplied by the number of actual hours worked by the chief magistrate as certified by the chief magistrate to the county governing authority. (4) Unless otherwise provided by local law, each magistrate who serves in a full-time capacity other than the chief magistrate shall receive a minimum monthly salary of $4,685.00 per month or 90 percent of the monthly salary that a full-time chief magistrate would receive according to paragraph (2) of this subsection, whichever is less. (5) All magistrates other than chief magistrates who serve in less than a full-time capacity or on call shall receive a minimum monthly salary of the lesser of $27.07 per hour for each hour worked as certified by the chief magistrate to the county governing authority or 90 percent of the monthly salary that a full-time chief magistrate would receive according to paragraph (2) of this subsection; provided, however, that notwithstanding any other provisions of this subsection, no magistrate who serves in less than a full-time capacity shall receive a minimum monthly salary of less than $720.86 unless a magistrate waives such minimum monthly salary in writing. (6) Magistrates shall be compensated solely on a salary basis and not in whole or in part from fees. The salaries and supplements of all magistrates shall be paid in equal monthly installments from county funds. (b) The amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any chief magistrate or magistrate where such terms have been completed after December 31, 1995, effective the first day of January following the completion of each such period of service.

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(c)(1) Whenever the state employees subject to compensation plans authorized and approved in accordance with Code Section 45-20-4 receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, as authorized by this subsection, shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1, such periodic changes in the amounts provided in subsection (a) of this Code section, as increased by the supplement, if any, provided by subsection (d) of Code Section 15-10-105 and as increased by the application of longevity increases pursuant to subsection (b) of this Code section, as authorized by this subsection, shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (2) Any cost-of-living increases or general performance based increases that have been applied prior to July 1, 2022, have been included in all minimum salary calculations. Effective July 1, 2022, any new cost-of-living increases or general performance based increases shall be calculated as provided in this Code section. (d) The county governing authority may supplement the minimum annual salary of the chief or other magistrate in such amount as it may fix from time to time, but no such magistrate's compensation or supplement shall be decreased during any term of office. Nothing contained in this subsection shall prohibit the General Assembly by local law from supplementing the annual salary of any magistrates. (e) The General Assembly may by local law fix the compensation of any or all of a county's magistrates. The chief magistrate or magistrate shall be entitled to the greater of the compensation established by local law, including any supplement by the county

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governing authority, or the minimum annual salary stated in subsection (a) of this Code section but in no event to both. (f) This Code section shall apply to any chief magistrate who is also serving as a judge of a civil court which is provided for in Article VI, Section I, Paragraph I of the Constitution of the State of Georgia of 1983. In such case, the salary of such chief magistrate shall be as provided by the local governing authority of the county. (g) The salaries and supplements of senior magistrates shall be paid from county funds at a per diem rate equal to the daily rate that a full-time chief magistrate of the county would receive under paragraph (2) of subsection (a) of this Code section; provided, however, that the minimum annual and monthly salaries provided for in this Code section shall not apply to senior magistrates."

SECTION 2. Said title is further amended by revising subsections (b), (c), and (d) of Code Section 15-10-105, relating to selection, compensation, and eligibility of clerks of magistrate courts, as follows:
"(b) With the consent of the clerk of superior court, the county governing authority may provide that the clerk of superior court shall serve as clerk of magistrate court and shall be compensated for his or her service as clerk of magistrate court in an amount not less than $393.66 per month. With the consent of the clerk of the superior court and clerk of the state court, the county governing authority may provide that the state court clerk shall serve as clerk of magistrate court and shall be compensated for his or her service as clerk of magistrate court in an amount not less than $393.66 per month. Such compensation shall be retained by the clerk of superior court as his or her personal funds without regard to whether he or she is otherwise compensated on a fee basis or salary basis or both. (c) If the clerk of superior court or the clerk of state court does not serve as clerk of magistrate court, then the county governing authority may provide for the appointment by the chief magistrate of a clerk to serve at the pleasure of the chief magistrate. A clerk of magistrate court so appointed shall be compensated in an amount fixed by the county governing authority at not less than $393.66 per month. (d) If there is no clerk of magistrate court, the chief magistrate or some other magistrate appointed by the chief magistrate shall perform the duties of clerk. A chief magistrate performing the duties of clerk, or another magistrate appointed by the chief magistrate to perform the duties of clerk, shall receive, in addition to any other compensation to which he or she is entitled, compensation for performing the duties of clerk, the amount of which compensation shall be fixed by the county governing authority at not less than $393.66 per month."

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SECTION 3. Said title is further amended by revising subsection (a) of Code Section 15-9-63.1, relating to compensation for services as magistrate or chief magistrate and longevity increases, as follows:
"(a) Beginning January 1, 2022, in any county in which the probate judge serves as chief magistrate or magistrate, he or she shall be compensated for such service based on a minimum annual amount of $14,162.10; provided, however, that compensation for a probate judge shall not be reduced during his or her term of office. A county governing authority shall not be required to pay the compensation provided by this subsection beyond the term for which such probate judge serves as a chief magistrate or magistrate."

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

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

Approved May 4, 2021.

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LAW ENFORCEMENT OFFICERS AND AGENCIES PENAL INSTITUTIONS SEXUAL OFFENDER'S RISK ASSESSMENT CLASSIFICATION; REVISE DUTIES OF THE GEORGIA BUREAU OF INVESTIGATION AND THE SEXUAL OFFENDER REGISTRATION REVIEW BOARD.

No. 199 (House Bill No. 495).

AN ACT

To amend Article 1 of Chapter 3 of Title 35 and Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Bureau of Investigation and the Sexual Offender Registration Review Board, respectively, so as to revise the duties of the Georgia Bureau of Investigation and the Sexual Offender Registration Review Board relative to the board's determination of a sexual offender's risk assessment classification; to provide for definitions; to provide for certain investigators; 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 3 of Title 35 of the Official Code of Georgia Annotated, relating to the general provisions regarding the Georgia Bureau of Investigation, is amended by revising paragraph (15) of subsection (a) of Code Section 35-3-4, relating to powers and duties of bureau generally, as follows:
"(15)(A) Upon request, provide to the board an analysis of criminal history record information to 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 (B) As used in this paragraph, the term:
(i) 'Board' means the Sexual Offender Registration Review Board. (ii) 'Criminal history record information' has the same meaning as set forth in Code Section 35-3-30. (iii) 'Risk assessment classification' means the level into which a sexual offender is placed based on the board's assessment. (iv) 'Sexual offender' has the same meaning as set forth in Code Section 42-1-12; and"

SECTION 2. Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Sexual Offender Registration Review Board, is amended by adding a new paragraph to subsection (a) of Code Section 42-1-12, relating to the State Sexual Offender Registry, to read as follows:
"(9.1) 'Criminal history record information' shall have the same meaning as set forth in Code Section 35-3-30."

SECTION 3. Said article shall further be amended by revising subsections (b) and (c) of Code Section 42-1-13, relating to Sexual Offender Registration Review Board, composition, appointment, administration and duties, and immunity from liability, as follows:
"(b) The board shall be attached to the Department of Behavioral Health and Developmental Disabilities for administrative purposes and, provided there is adequate funding, shall:
(1) Exercise its quasi-judicial, rule-making, or policy-making functions independently of the department and without approval or control of the department; (2) Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and (3) Hire its own personnel, including, but not limited to, administrative personnel and clinical evaluators.

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(c)(1) The board shall acquire, collect, and analyze information, including, but not limited to, criminal history record information, in determining a sexual offender's risk assessment as provided for under Code Section 42-1-14. (2) The board may employ investigators under the board's administration and supervision to complete the duties provided for under paragraph (1) of this subsection. The Georgia Bureau of Investigation shall maintain at least one position under the bureau's administration and supervision which shall facilitate the provision of summarized criminal history record information to the board from the Georgia Crime Information Center and the National Crime Information Center."

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

Approved May 4, 2021.

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HEALTH ACCESS TO MATERNAL MORTALITY REVIEW COMMITTEE RECORDS; SCREENING OF NEWBORNS; NEWBORN SCREENING AND GENETICS ADVISORY COMMITTEE; CREATION AND DUTIES.

No. 200 (House Bill No. 567).

AN ACT

To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the health of mothers and infants in childbirth; to require health care providers, health care facilities, and pharmacies to provide access to the Maternal Mortality Review Committee to records within 30 days of request; to revise provisions relating to newborn screening for various disorders; to create the Newborn Screening and Genetics Advisory Committee to review and make recommendations to the department when a new disorder is added to the federal Recommended Uniform Screening Panel; to provide for requests for appropriations to cover new disorders; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code Section 31-2A-16, relating to the establishment of the Maternal Mortality Review Committee, by revising subsection (d) as follows:
"(d)(1) Health care providers licensed pursuant to Title 43, health care facilities licensed pursuant to Chapter 7 of Title 31, and pharmacies licensed pursuant to Chapter 4 of Title 26 shall provide reasonable access to the committee to all relevant medical records associated with a case under review by the committee within 30 days of receiving a request for such records. (2) A health care provider, health care facility, or pharmacy providing access to medical records pursuant to this Code section shall not be held liable for civil damages or be subject to any criminal or disciplinary action for good faith efforts in providing such records."

SECTION 2. Said title is further amended by revising Code Section 31-12-6, relating to a system for prevention of serious illness, severe physical or developmental disability, and death resulting from inherited metabolic and genetic disorders, as follows:
"31-12-6. (a) The department shall promulgate rules and regulations creating a newborn screening system for the prevention of serious illness, severe physical or developmental disability, and death caused by inherited metabolic and genetic disorders as identified by the department. The department shall be authorized to consider recommendations from the Newborn Screening and Genetics Advisory Committee established pursuant to subsection (i) of this Code section, to include disorders which are added to the federal Recommended Uniform Screening Panel and may be identified in the future to result in serious illness, severe physical or developmental disability, and death if undiagnosed and untreated. (b) The entire process for screening, retrieval, and diagnosis must occur within time frames established by the department pursuant to rules and regulations, and the system shall be structured to meet this critical need. (c) The department shall be responsible for the screening of all newborns for the disorders enumerated by the department and in a manner determined by the department pursuant to rules and regulations and shall be responsible for assessment of the program. When any new disorder is approved by the department after recommendation by the Newborn Screening and Genetics Advisory Committee established pursuant to subsection (i) of this Code section, the department shall submit a budget request to the Office of Planning and Budget prior to the General Assembly's next legislative session seeking appropriations to cover the new disorder added to the newborn screening system. The department shall begin

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screening newborns for any such new disorder no later than 18 months after such appropriation becomes effective. (d) The department shall, to the extent state or federal funds are available for such purposes, including but not limited to funds provided under Title V of the Social Security Act, the Maternal and Child Health Services Block Grant, provide for retrieving potentially affected screenees back into the health care system, accomplishing specific diagnoses, initiating and continuing therapy, and assessing the program. (e) The department shall utilize appropriate existing resources whenever possible and shall cause the coordination and cooperation of agencies and organizations having resources necessary for the creation of an effective system. (f) The department shall be authorized to establish and periodically adjust, by rule and regulation, fees associated with the screening, retrieval, and diagnosis conducted pursuant to this Code section to help defray or meet the costs incurred by the department. In no event shall the fees exceed such costs, both direct and indirect, in providing such screenings and related services, provided that no services shall be denied on the basis of inability to pay. All fees paid thereunder shall be paid into the general fund of the State of Georgia. (g) The department shall allow any laboratory licensed in Georgia and authorized to perform screening of newborn infants in any state using normal pediatric reference ranges to conduct the analysis required pursuant to this Code section; provided, however, that the screening may be conducted by a laboratory located outside of Georgia if approved by the board. The testing performed by such laboratory must include testing for newborn diseases as required by law or regulation, except as otherwise provided by the department, and shall provide test results and reports consistent with law and with policies, procedures, and regulations of the department. (h) The requirements of this Code section with regard to screening, retrieval, and diagnosis shall not apply to any infant whose parents object in writing thereto on the grounds that such tests and treatment conflict with their religious tenets and practices. (i) There is established the Newborn Screening and Genetics Advisory Committee. The advisory committee shall consist of not less than 11 nor more than 21 members to be appointed by the commissioner. Each member of the advisory committee shall serve a three-year term and until the appointment of his or her successor. Any member may be reappointed by the commissioner. The advisory committee shall meet at least two times per year or upon the call of the chairperson. The advisory committee shall consider and make recommendations to the commissioner related to the inclusion of screening for any disorder added to the federal Recommended Uniform Screening Panel (RUSP), within one year of such addition. As part of such recommendations, the advisory committee shall advise the commissioner on the estimated cost to the department for screening for such disorder. The advisory committee shall be authorized to establish ad hoc subcommittees and to advise the commissioner on procedures for collection and transmission of specimens and the recording of diagnostic results."

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

Approved May 4, 2021.

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EDUCATION HOPE SCHOLARSHIPS AND GRANTS; ADDS THE GEORGIA INDEPENDENT SCHOOL ASSOCIATION TO LIST OF ACCREDITING AGENCIES.

No. 201 (House Bill No. 606).

AN ACT

To amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions regarding HOPE scholarships and grants, so as to add the Georgia Independent School Association to the list of accrediting agencies; 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. Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions regarding HOPE scholarships and grants, is amended by revising paragraph (6) as follows:
"(6) 'Eligible high school' means a public or private secondary school which is: (A) Located in Georgia and accredited as such by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association of Christian Schools International; (v) The Georgia Private School Accreditation Council; (vi) The Southern Association of Independent Schools; or (vii) The Georgia Independent School Association; provided, however, that between July 1, 2013, and June 30, 2015, if a high school located in Georgia was accredited by one of the accrediting agencies included in this subparagraph within the previous two years, such high school shall be considered an eligible high school for purposes of this subparagraph; or (B) Located in another state and accredited by one of the following regional agencies: (i) The Southern Association of Colleges and Schools; (ii) The New England Association of Schools and Colleges;

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(iii) The Middle States Association of Colleges and Schools; (iv) The North Central Association of Colleges and Schools; (v) The Northwestern Association of Schools and Colleges; (vi) The Western Association of Schools and Colleges; (vii) The Alabama Independent School Association; or (viii) The Southern Association of Independent Schools."

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 May 4, 2021.

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COURTS CRIMINAL PROCEDURE LOCAL GOVERNMENT AUTHORITY OF CERTAIN JUDGES TO PERFORM CERTAIN JUDICIAL ACTS; COURTS OF INQUIRY STANDARDS; USE OF ALTERNATE LOCATIONS BY SUPERIOR COURTS; TRIALS BY COURT SITTING WITHOUT A JURY; TRIAL UPON ACCUSATION.

No. 202 (House Bill No. 635).

AN ACT

To revise certain procedural and administrative matters of the courts; to amend Title 15 and Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to courts and general provisions regarding municipal courts, respectively, so as to provide that each judge of the superior court, state court, probate court, and municipal court and each magistrate shall have authority to perform any lawful judicial act regardless of where he or she is physically located at the time of such act; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for the issuance of arrest warrants by a judge regardless of where such judge is physically located; to revise standards for holding a court of inquiry; to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding superior courts, so as to revise when superior courts are authorized to use alternative locations; to provide for criteria; to amend Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, so as to provide for trials by a court sitting without a jury under certain circumstances; to provide for exceptions; to provide for requirements and procedures;

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to provide for an automatic repeal; to revise authority for trial upon accusations; to provide for a definition; to provide for a sunset date for trial upon accusations in certain instances; 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 15 of the Official Code of Georgia Annotated, relating to general provisions regarding courts, is amended by revising Code Section 15-6-16, relating to no authority when absent from state, as follows:
"15-6-16. Each judge of the superior court shall have authority to perform any judicial act which he or she is lawfully entitled to perform, regardless of where such judge is located when such judicial act is performed."

SECTION 1-2. Said title is further amended by adding a new subsection to Code Section 15-7-4, relating to jurisdiction, to read as follows:
"(c) Each judge of the state court shall have authority to perform any judicial act which he or she is lawfully entitled to perform, regardless of where such judge is located when such judicial act is performed."

SECTION 1-3. Said title is further amended by adding a new subsection to Code Section 15-9-30, relating to subject matter jurisdiction, powers and duties generally, and copy of Official Code of Georgia Annotated furnished for each judge, to read as follows:
"(d) Each judge of the probate court shall have authority to perform any judicial act which he or she is lawfully entitled to perform, regardless of where such judge is located when such judicial act is performed."

SECTION 1-4. Said title is further amended by revising Code Section 15-9-82, relating to terms of court and place for court, as follows:
"15-9-82. (a) The probate court shall be held at the place prescribed for the superior court or in the office of the judge of the probate court in each county, by the judge thereof, on the first Monday in January, April, July, and October and shall continue in session from day to day as the business of the court may require. If the first Monday in a given term should happen

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to fall on a legal holiday, the probate courts throughout this state shall convene on the following day. (b) Nothing in this Code section shall be construed to restrict the judge of the probate court from having the authority to engage in any judicial act which he or she is lawfully entitled to perform, regardless of where the judge is located when the act is performed."

SECTION 1-5. Said title is further amended by revising Code Section 15-10-2, relating to general jurisdiction, as follows:
"15-10-2. (a) Each magistrate court and each magistrate thereof shall have jurisdiction and power over the following matters:
(1) The hearing of applications for and the issuance of arrest and search warrants; (2) Issuance of warrants and related proceedings as provided in Article 4 of Chapter 6 of Title 17, relating to bonds for good behavior and bonds to keep the peace; (3) The holding of courts of inquiry; (4) The trial of charges of violations of county ordinances and penal ordinances of state authorities; (5) The trial of civil claims including garnishment and attachment in which exclusive jurisdiction is not vested in the superior court and the amount demanded or the value of the property claimed does not exceed $15,000.00, provided that no prejudgment attachment may be granted; (6) The issuance of summons, trial of issues, and issuance of writs and judgments in dispossessory proceedings and distress warrant proceedings as provided in Articles 3 and 4 of Chapter 7 of Title 44; (7) The punishment of contempts by fine not exceeding $200.00 or by imprisonment not exceeding ten days or both; (8) The administration of any oath which is not required by law to be administered by some other officer; (9) The granting of bail in all cases where the granting of bail is not exclusively committed to some other court or officer; (10) The issuing of subpoenas to compel attendance of witnesses in the magistrate court and subpoenas for the production of documentary evidence before the magistrate court; (11) Such other matters as are committed to their jurisdiction by other general laws; (12) The trial and sentencing of misdemeanor violations of Code Section 16-9-20, relating to criminal issuance of bad checks, as provided by Article 10 of this chapter; (13) The execution or subscribing and the acceptance of written waivers of extradition in the same manner provided for in Code Section 17-13-46; (14) The trial and sentencing of misdemeanor violations of other Code sections as provided by Article 13 of this chapter; (15) The foreclosure of liens on animals as established in Title 4;

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(16) The foreclosure of liens on abandoned mobile homes as established in Article 6 of Chapter 7 of Title 44; and (17) The foreclosure of liens on abandoned motor vehicles as established in Article 1A of Chapter 11 of Title 40, 'The Abandoned Motor Vehicle Act.' (b) Each magistrate shall have authority to perform any judicial act which he or she is lawfully entitled to perform, regardless of where such magistrate is located when such judicial act is performed."

SECTION 1-6. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subsection (a) of Code Section 17-4-47, relating to issuance of warrants by video conference, testimony, initial bond hearings, and oaths , as follows:
"(a) A judge of any court in this state authorized to issue arrest warrants pursuant to Code Section 17-4-40 may, as an alternative to other laws relating to the issuance of arrest warrants, conduct such applications for the issuance of arrest warrants by video conference. The issuance of an arrest warrant by video conference shall be valid irrespective of the physical location of the judge at the time of the video conference, provided that the judge issuing the warrant is authorized by law to issue such warrant."

SECTION 1-7. Said title is further amended by revising subsection (a) of Code Section 17-5-21.1, relating to issuance of search warrants by video conference, as follows:
"(a) A judge of any court in this state authorized to issue search warrants pursuant to Code Section 17-5-21 may, as an alternative to other laws relating to the issuance of search warrants, conduct such applications for the issuance of search warrants by video conference. The issuance of a search warrant by video conference shall be valid irrespective of the physical location of the judge at the time of the video conference, provided that the judge issuing the warrant is authorized by law to issue such warrant."

SECTION 1-8. Said title is further amended by revising Code Section 17-7-20, relating to persons who may hold court of inquiry and procedure where offense committed in county which is member of regional jail authority, as follows:
"17-7-20. Any judge of a superior or state court, judge of the probate court, magistrate, or officer of a municipality who has the criminal jurisdiction of a magistrate may hold a court of inquiry to examine an accusation against a person legally arrested and brought before him or her. The time and place of the inquiry shall be determined by such judicial officer. Such judge may order the court of inquiry to be conducted by audio-visual communication between the accused, the court, the attorneys, and the witnesses."

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SECTION 1-9. Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding municipal courts, is amended by revising Code Section 36-32-12, relating to municipal court held outside municipality, as follows:
"36-32-12. Notwithstanding any other contrary provision of law, local or general, sessions of a municipal court may be held outside the municipality for which the municipal court is established if such sessions are held within a county in which the municipality is located or has its legal situs. Nothing in this code section shall be construed to restrict the judge of a municipal court from having authority to engage in any judicial act which he or she is lawfully entitled to perform, regardless of where the judge is located when the act is performed."

PART II. SECTION 2-1.

Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding superior courts, is amended by repealing Code Section 15-6-18, relating to alternative locations, in its entirety and replacing such Code section with a new Code Section 15-6-18 to read as follows:
"15-6-18. (a) Except as provided in subsection (b) of this Code section, if for any cause it shall be impracticable to hold any session of any superior or state court at the courthouse or other place provided by law therefor, it shall be lawful to hold such court at an alternative facility that the governing authority of the county or counties for such county or circuit, by appropriate resolution, deem would be in the best interest of the public with considerations for transportation burden being paramount; provided, however, that:
(1) No such court may be held at any place that is outside the county or an adjoining county or that is not open to and accessible by the public, including, but not limited to, members of the public who:
(A) Have a physical or mental impairment that substantially limits one or more major life activities; (B) Have a record of such an impairment; or (C) Are regarded as having such an impairment; and (2) Criminal jury trials may be conducted in alternative locations so long as the governing authority owns the facility or has a contractual relationship with such alternative location for such use. (b)(1) This subsection shall apply only in a county in which there exists a state court with one or more courtrooms regularly utilized by the state court outside the county site. In any such county any session of superior court may be held outside the county site in a courtroom of the state court, subject to the following conditions and limitations:

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(A) The chief judge of superior court enters a written order for such session of superior court to be so held outside the county site, and such order shall incorporate a written finding that it is impracticable for the session of court to be held at the county site; (B) A judge of the state court must enter a written order consenting for such session of superior court to be held in the courtroom of the state court; (C) The holding of superior court sessions shall not affect the place of filing of documents to be filed with the superior court, except for documents filed in open court which may be filed where the session of court is held; and (D) Any state court making courtroom space available to the superior court under this subsection shall be authorized under the same rules to hold sessions of state court in facilities of the superior court. (2) In each county of this state where the county site is located in an unincorporated area of the county and the governing authority of such county determines by appropriate resolution that the best interest of the citizens of such county would be served by the construction of a courthouse annex or satellite courthouse outside the county site, it shall be lawful to hold any session of superior or state court or grand jury and to conduct all other related business of the courts at such annex or satellite courthouse. (c) All acts of a superior court or state court done at a place provided by this Code section, other than at the county courthouse or other place of holding such court as fixed by law, shall have the same force and effect as if the same had been done at the regular courthouse or other place fixed by law for the holding of such court, including the satisfaction of the requirements of Code Section 15-6-17."

PART III. SECTION 3-1.

Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, is amended by adding a new Code section in Article 1, relating to general provisions, to read as follows:
"17-7-4. (a) As used in this Code section, the term 'serious violent felony' shall have the same meaning as provided for under Code Section 17-10-6.1. (b) Except as to trials conducted under Article 2 of Chapter 10 of this title and except for trials involving a serious violent felony, the accused in any felony or misdemeanor case may elect in writing to be tried by the court sitting without a jury by filing such request with the clerk of court and serving such request upon the prosecuting attorney and the judge to whom the case is assigned or, if the case is not assigned, upon the chief judge of the court in which the case is pending. (c) When an accused elects a trial by the court sitting without a jury, the court shall, on the record:

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(1) Advise the accused about the right to a trial by jury and the differences between trial by jury and trial by a court sitting without a jury; and (2) Inquire whether the accused's election is knowing, intelligent, and voluntary. (d) In criminal prosecutions when a jury trial has been expressly waived, the court may nevertheless order a trial with a jury. The court shall consider the prosecuting attorney's request for a jury trial, but the prosecuting attorney's objection shall not preclude the court from granting a request by the accused for a trial by the court sitting without a jury under subsection (b) of this Code section. (e) This Code section shall stand repealed in its entirety on June 30, 2022."

SECTION 3-2. Said chapter is further amended by revising Code Section 17-7-70, relating to trial upon accusations in felony cases and trial upon accusations of felony and misdemeanor cases in which guilty plea entered and indictment waived, as follows:
"17-7-70. Judges of the superior court may open their courts at any time without the presence of either a grand jury or a trial jury to receive and act upon pleas of guilty in misdemeanor cases and in felony cases, except those punishable by death or life imprisonment, when the judge and the defendant consent thereto. The judge may try the issues in such cases without a jury upon an accusation filed by the district attorney where the defendant has waived indictment and consented thereto in writing and counsel is present in court representing the defendant either by virtue of his or her employment or by appointment by the court."

SECTION 3-3. Said chapter is further amended by revising Code Section 17-7-70.1, relating to trial upon accusations in certain felony and misdemeanor cases and trial upon plea of guilty or nolo contendere, as follows:
"17-7-70.1. (a)(1) In felony cases involving violations of the following: (A) Code Sections 16-8-2, 16-8-14, 16-8-18, 16-9-1, 16-9-20, 16-9-31, 16-9-33, 16-9-37, 16-10-52, and 40-5-58; (B) Article 1 of Chapter 8 of Title 16, relating to theft; (C) Chapter 9 of Title 16, relating to forgery and fraudulent practices; (D) Article 3 of Chapter 10 of Title 16, relating to escape and other offenses related to confinement; (E) Code Section 16-11-131, relating to possession of a firearm by a convicted felon or first offender probationer; or (F) Code Section 16-13-30, relating to the purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana,

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in which defendants have either been bound over to the superior court based on a finding of probable cause pursuant to a commitment hearing under Article 2 of this chapter or have expressly or by operation of law waived a commitment hearing, the district attorney shall have authority to prefer accusations, and the defendants shall be tried on such accusations according to the same rules of substantive and procedural laws relating to defendants who have been indicted by a grand jury. (2) All laws relating to rights and responsibilities attendant to indicted cases shall be applicable to cases brought by accusations signed by the district attorney. (3) The accusation need not be supported by an affidavit except in those cases in which the defendant has not been previously arrested in conjunction with the transaction charged in the accusation or when the accusation is to be used as the basis for the issuance of an arrest warrant. (a.1)(1) As used in this subsection, the term 'serious violent felony' shall have the same meaning as provided for under Code Section 17-10-6.1. (2) Notwithstanding any other law to the contrary, the district attorney shall have authority to prefer accusations, and the accused shall be tried on such accusations according to the same rules of substantive and procedural laws relating to defendants who have been indicted by a grand jury for any felony, other than a serious violent felony, in which an accused has :
(A) Been bound over to the superior court based on a finding of probable cause pursuant to a commitment hearing under Article 2 of this chapter; (B) Expressly or by operation of law waived a commitment hearing; (C) Been released on bond pending a commitment hearing; or (D) Been confined in jail for at least 45 days since his or her arrest, unless such time frame has been waived in writing by the accused. (3) Paragraphs (2) and (3) of subsection (a) of this Code section shall apply to accusations provided for under this subsection. (4) This subsection shall be repealed in its entirety on June 30, 2022. (b) Judges of the superior court may open their courts at any time without the presence of either a grand jury or a trial jury to receive and act upon pleas of guilty or nolo contendere in felony and misdemeanor cases. The judge of the superior court may try the issues in such cases without a jury upon an indictment or upon an accusation filed by the district attorney where the defendant has waived trial by jury. (c) An accusation substantially complying with the form provided in subsections (d) and (e) of Code Section 17-7-71 shall in all cases be sufficient. (d) The district attorney may not bring an accusation pursuant to this Code section in those cases where the grand jury has heard evidence or conducted an investigation or in which a no bill has been returned. (e) Notwithstanding subsections (a) through (d) of this Code section, nothing in this Code section shall affect the rights of public officials to appear before a grand jury as provided

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in Code Sections 45-11-4 and 45-15-11 or peace officers to appear before a grand jury as provided in Code Section 17-7-52."

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 May 4, 2021.

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CIVIL PROCEDURE INSURANCE METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY ACT OF 1965 SETTLEMENT OFFERS AND ARRANGEMENTS FOR TORT CLAIMS; REQUIREMENTS; UNINSURED MOTORIST; REVISE LIABILITY OF INSURER UPON REFUSAL TO PAY INSURED; VENUE FOR CERTAIN ACTIONS RELATIVE TO METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY.

No. 203 (House Bill No. 714).

AN ACT

To amend Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings, so as to revise and provide for new requirements under the Georgia Civil Practice Act for settlement offers and arrangements for tort claims for personal injury, bodily injury, and death; to amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, limits of risks, and reinsurance, so as to revise the liability of an insurer upon refusal to pay an insured for any loss pursuant to uninsured motorist coverage under motor vehicle liability policies; to revise a penalty; to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to provide for venue for actions against the authority or relative to revenue bonds; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 8 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to provisional and final remedies and special proceedings, is amended by revising Code Section 9-11-67.1, relating to settlement offers and agreements for personal injury, bodily injury, and death from motor vehicle, and payment methods, as follows:
"9-11-67.1. (a) Prior to the filing of an answer, any offer to settle a tort claim for personal injury, bodily injury, or death arising from the use of a motor vehicle and prepared by or with the assistance of an attorney on behalf of a claimant or claimants shall be in writing and:
(1) Shall contain the following material terms: (A) The time period within which such offer must be accepted, which shall be not less than 30 days from receipt of the offer; (B) Amount of monetary payment; (C) The party or parties the claimant or claimants will release if such offer is accepted; (D) For any type of release, whether the release is full or limited and an itemization of what the claimant or claimants will provide to each releasee; and (E) The claims to be released;
(2) Shall include medical or other records in the offeror's possession incurred as a result of the subject claim that are sufficient to allow the recipient to evaluate the claim; and (3) May include a term requiring that in order to settle the claim the recipient shall provide the offeror a statement, under oath, regarding whether all liability and casualty insurance issued by the recipient that provides coverage or that may provide coverage for the claim at issue has been disclosed to the offeror. (b)(1) Unless otherwise agreed by both the offeror and the recipients in writing, the terms outlined in subsection (a) of this Code section shall be the only terms which can be included in an offer to settle made under this Code section. (2) The recipients of an offer to settle made under this Code section may accept the same by providing written acceptance of the material terms outlined in subsection (a) of this Code section in their entirety. (c) Nothing in this Code section is intended to prohibit parties from reaching a settlement agreement in a manner and under terms otherwise agreeable to both the offeror and recipient of the offer. (d) Upon receipt of an offer to settle set forth in subsection (a) of this Code section, the recipients shall have the right to seek clarification regarding the terms, the terms of the release, liens, subrogation claims, standing to release claims, medical bills, medical records, and other relevant facts. An attempt to seek reasonable clarification shall be in writing and shall not be deemed a counteroffer. In addition, if a release is not provided with an offer to settle, a recipient's providing of a proposed release shall not be deemed a counteroffer.

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(e) An offer to settle made pursuant to this Code section shall be sent by certified mail or statutory overnight delivery, return receipt requested, shall specifically reference this Code section, and shall include an address or a facsimile number or email address to which a written acceptance pursuant to subsection (b) of this Code section may be provided. (f) The person or entity providing payment to satisfy the material term set forth in subparagraph (a)(1)(B) of this Code section may elect to provide payment by any one or more of the following means:
(1) Cash; (2) Money order; (3) Wire transfer; (4) A cashier's check issued by a bank or other financial institution; (5) A draft or bank check issued by an insurance company; or (6) Electronic funds transfer or other method of electronic payment. (g) Nothing in this Code section shall prohibit a party making an offer to settle from requiring payment within a specified period; provided, however, that such date shall not be less than 40 days from the receipt of the offer. (h) This Code section shall apply to causes of action for personal injury, bodily injury, and death arising from the use of a motor vehicle on or after July 1, 2021."

SECTION 2. Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, limits of risks, and reinsurance, is amended by revising subsection (j) of Code Section 33-7-11, relating to uninsured motorist coverage under motor vehicle liability policies, as follows:
"(j) If the insurer shall refuse to pay any insured any loss covered by this Code section within 60 days after a demand has been made by the insured and a finding has been made that such refusal was made in bad faith, the insurer shall be liable to the insured in addition to any recovery under this Code section for not more than 25 percent of the recovery or $25,000.00, whichever is greater, and all reasonable attorney's fees for the prosecution of the case under this Code section. The question of bad faith, the amount of the penalty, if any, and the reasonable attorney's fees, if any, shall be determined in a separate action filed by the insured against the insurer after a judgment has been rendered against the uninsured motorist in the original tort action. The attorney's fees shall be fixed on the basis of competent expert evidence as to the reasonable value of the services, based on the time spent and legal and factual issues involved, in accordance with prevailing fees in the locality where the action is pending. The trial court shall have the discretion, if it finds such jury verdict fixing attorney's fees to be greatly excessive or inadequate, to review and amend such portion of the verdict fixing attorney's fees without the necessity of disapproving the entire verdict. The limitations contained in this subsection in reference to the amount of attorney's fees are not controlling as to the fees which may be agreed upon

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by the plaintiff and his or her attorney for the services of the attorney in the action against the insurer."

SECTION 3. An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended in Section 10 by revising subsection (t) as follows:
"(t) Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority, except as provided in Section 9(c), shall be brought in either State or Superior Court of Fulton County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court, which shall have exclusive, original jurisdiction of such actions."

SECTION 4. This Act shall apply to causes of action accruing on or after July 1, 2021.

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

Approved May 4, 2021.

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AGRICULTURE FARMERS' MARKETS; OVERSIGHT BY LEGISLATIVE ADVISORY COMMITTEE.

No. 204 (House Bill No. 676).

AN ACT

To amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to farmers' markets, so as to provide for oversight by a legislative advisory committee; to provide for members, duties, and allowances; to provide for presentation of findings; to provide for planning; to provide for automatic repeal; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to farmers' markets, is amended by adding a new Code section to read as follows:

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"2-10-53.1. (a) The Commissioner shall establish, operate, and maintain this state's farmers' markets under the oversight of a legislative advisory committee to be composed as follows:
(1) The chairpersons of the House Appropriations Subcommittee for Economic Development and Tourism and the Senate Appropriations Subcommittee for Agriculture and Consumer Affairs or their designees, ex officio; (2) The chairperson of the House Agriculture and Consumer Affairs Committee or his or her designee; (3) The chairperson of the Senate Agriculture and Consumer Affairs Committee or his or her designee; (4) Three members of the House of Representatives appointed by the chairperson of the House Agriculture and Consumer Affairs Committee; and (5) Three members of the Senate appointed by the chairperson of the Senate Agriculture and Consumer Affairs Committee. (b) The members of the legislative advisory committee shall appoint the committee's chairperson and vice-chairperson, who shall each serve two-year terms to coincide with the legislative biennium of the General Assembly. (c) The members of the legislative advisory committee shall receive the allowances provided for in Code Section 28-1-8. (d) The legislative advisory committee created by this Code section shall be tasked with the duty to: (1) Commission an independent study of the economic viability and public benefit of each existing farmers' market with an analysis of the benefits to this state's agribusiness economy, including this state's farmers, food supply chain, grocers, restaurants, agri-tourism, local economies, and the effectiveness of the marketing of Georgia grown products. Upon completion of the study, the findings shall be presented to the legislative advisory committee; and (2) Using such findings as provided for in paragraph (1) of this subsection, coordinate with the Commissioner and the department to develop a five-year plan for all of this state's farmers' markets that maximizes the public benefit of all farmers' market properties and ensures efficient and fiscally responsible operation of such markets. (e) This Code section shall stand repealed on January 10, 2027."

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

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

Approved May 4, 2021.

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FOOD, DRUGS, AND COSMETICS INSURANCE DRUG ABUSE TREATMENT AND EDUCATION PROGRAMS; PROHIBIT BROKERING; ESTABLISHES CERTAIN ACTS AS FRAUDULENT INSURANCE ACTS.

No. 205 (Senate Bill No. 4).

AN ACT

To amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to prohibit patient brokering; to provide for definitions; to provide for exceptions; to provide for penalties; to provide for enforcement; to provide for venue; to provide for reasonable expenses; to provide for cumulative actions; to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide that excessive, fraudulent, or high-tech drug testing of certain individuals is considered a fraudulent insurance act; to provide for investigation by the Commissioner of Insurance; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, is amended by adding a new article to read as follows:

"ARTICLE 3

26-5-80. (a) As used in this Code section, the term:
(1) 'Health care provider' means: (A) Any person licensed under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43 or any hospital, nursing home, home health agency, institution, or medical facility licensed or defined under Chapter 7 of Title 31. Such term shall also include any corporation, professional corporation, partnership, limited liability company, limited liability partnership, authority, or other entity composed of such health care providers; and (B) A substance abuse provider.
(2) 'Health care provider network entity' means a corporation, professional corporation, partnership, limited liability company, limited liability partnership, or authority owned or operated by two or more health care providers and organized for the purpose of

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entering into agreements with health insurers, health care purchasing groups, Medicaid, or Medicare. (3) 'Health insurer' means an accident and sickness insurer, health care corporation, health maintenance organization, or provider sponsored health care corporation or any similar entity regulated by the Commissioner of Insurance. (4) 'Recovery residence' means a residential dwelling unit, or other form of group housing, that is offered or advertised through any means, including oral, written, electronic, or printed means, by any person or entity as a residence that provides a peer supported, alcohol-free, and drug-free living environment. (5) 'Substance abuse provider' means:
(A) Any state owned or state operated hospital, community mental health center, or other facility utilized for the diagnosis, care, treatment, or hospitalization of persons who are alcoholics, drug dependent individuals, or drug abusers, and any other hospital or facility within the State of Georgia approved for such purposes by the Department of Behavioral Health and Developmental Disabilities; (B) Any community service provider contracting with any state or local entity to furnish mental health, developmental disability, and addictive disease services; (C) Any drug abuse treatment and education program and narcotic treatment program licensed under this chapter; and (D) Any recovery residence. (b) It shall be unlawful for any person, including any substance abuse provider, to: (1) Pay or offer to pay any remuneration, including, but not limited to, a commission, benefit, bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form, to induce the referral of a patient or patronage to or from a substance abuse provider; (2) Solicit or receive any remuneration, including, but not limited to, a commission, benefit, bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form, in return for the referral of a patient or patronage to or from a substance abuse provider; (3) Solicit or receive any remuneration, including, but not limited to, a commission, benefit, bonus, rebate, kickback, or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form, in return for the acceptance or acknowledgment of treatment from a substance abuse provider; or (4) Aid, abet, advise, or otherwise participate in the conduct prohibited by paragraphs (1) through (3) of this subsection. (c) This Code section shall not apply to: (1) Any discount, payment, waiver of payment, or payment practice not prohibited by 42 U.S.C. Section 1320a-7b(b) or its corresponding federal regulations regardless as to whether such discount, payment, waiver of payment, or payment practice involves a federal healthcare program; or any fraternal benefit society providing health benefits to its members as authorized pursuant to Chapter 15 of Title 33;

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(2) Any payment, compensation, or financial arrangement within a group practice as defined in Code Section 43-1B-3, provided that such payment, compensation, or arrangement is not to or from persons who are not members of the group practice; (3) Payments to a health care provider for professional services; (4) Commissions, fees, or other remuneration lawfully paid to insurance agents as provided under Title 33; (5) Payments by a health insurer that reimburses, provides, offers to provide, or administers health, mental health, or substance abuse goods or services under a health benefit plan; (6) Payments to or by a health care provider or a health care provider network entity that has contracted with a health insurer, a health care purchasing group, or the Medicare or Medicaid program to provide health care, mental health, or substance abuse goods or services under a health benefit plan when such payments are for goods or services under the plan; provided, however, that nothing in this paragraph shall be construed to affect whether a health care provider network entity is an insurer required to be licensed under Title 33; (7) Insurance advertising gifts lawfully permitted under Code Section 33-6-4; or (8) Payments by a substance abuse provider to a health care, mental health, or substance abuse information service that provides information upon request and without charge to consumers about providers of health care goods or services to enable consumers to select appropriate health care providers, provided that such information service:
(A) Does not attempt through its standard questions for solicitation of consumer criteria or through any other means to steer or lead a consumer to select or consider selection of a particular health care provider; (B) Does not provide or represent itself as providing diagnostic or counseling services or assessments of illness or injury and does not make any promises of cure or guarantees of treatment; (C) Does not provide or arrange for transportation of a consumer to or from the location of a health care provider; and (D) Charges and collects fees from a health care provider participating in its services that are set in advance, are consistent with the fair market value for those information services, and are not based on the potential value of a patient or patients to a health care provider or of the goods or services provided by the health care provider. (d)(1) Any person, including an officer, partner, agent, attorney, or other representative of a firm, joint venture, partnership, business trust, syndicate, corporation, or other business entity, who violates any provision of this Code section, when the prohibited conduct involves fewer than ten patients, commits a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not more than 12 months and by a fine of not more than $1,000.00 per violation. (2) Any person, including an officer, partner, agent, attorney, or other representative of a firm, joint venture, partnership, business trust, syndicate, corporation, or other business

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entity, who violates any provision of this Code section, when the prohibited conduct involves ten or more patients but fewer than 20 patients, commits a felony and, upon conviction thereof, shall be punished by imprisonment for not more than five years and by a fine of not more than $100,000.00 per violation. (3) Any person, including an officer, partner, agent, attorney, or other representative of a firm, joint venture, partnership, business trust, syndicate, corporation, or other business entity, who violates any provision of this Code section, when the prohibited conduct involves 20 or more patients, commits a felony and, upon conviction thereof, shall be punished by imprisonment for not more than ten years and by a fine of not more than $500,000.00 per violation. (e) Notwithstanding any other law to the contrary, the Attorney General or district attorney of the judicial circuit in which any part of the violation occurred may maintain an action for injunctive relief or other process to enforce the provisions of this Code section. (f) For prosecutions under this Code section, venue shall be proper in any county in this state where any act was committed in furtherance of the unlawful conduct. (g) The party bringing an action under this Code section may recover reasonable expenses in obtaining injunctive relief, including, but not limited to, investigative costs, court costs, reasonable attorney's fees, witness costs, and deposition expenses. (h) The provisions of this Code section are in addition to any other civil, administrative, or criminal actions provided by law and may be imposed against both corporate and individual defendants."

SECTION 2. Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by adding a new Code section to read as follows:
"33-1-16.1. (a) As used in this Code section, the term:
(1) 'High-tech drug testing' means testing an individual's specimen for more than one substance and billing and receiving payment separately for each substance tested. (2) 'Person' means an individual, any person who provides coverage under Code Section 33-1-14, and any owner, manager, medical practitioner, employee, or other party involved in a fraudulent insurance act prohibited by this Code section. (b)(1) For purposes of this Code section, a person commits a fraudulent insurance act if he or she knowingly and with intent to defraud, presents, causes to be presented, or prepares with knowledge or belief that it will be presented, any billing for excessive testing, fraudulent testing, or high-tech drug testing in the treatment of the elderly, the disabled, or any individual affected by pain, substance abuse, addiction, or any related disorder, to or by an insurer, broker, or any agent thereof, or directly or indirectly to an insured or uninsured patient. (2) Such billing as provided for in paragraph (1) of this subsection shall include, but shall not be limited to:

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(A) Upcoding that results in billing for more expensive services or procedures than were actually provided or performed; (B) For patients undergoing drug abuse treatment, unbundling of such billing whereby a drug test from a single sample that detects a variety of narcotics is separated into multiple tests and billed separately; (C) Billing an individual for multiple copayment amounts; (D) Billing for drug testing that was not performed; and (E) Billing for an excessive number of drug tests that are found to be medically unnecessary for the treatment. (c) If, by his or her own inquiries or as a result of information received, the Commissioner has reason to believe that a person has engaged in or is engaging in a fraudulent insurance act under this Code section, the Commissioner shall have all the powers and duties pursuant to Code Section 33-1-16 to investigate such matter. (d) A natural person convicted of a violation of this Code section shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than 12 months, by a fine of not more than $1,000.00 per violation, or both. (e) This Code section shall not supersede any investigation audit which involves fraud, willful misrepresentation, or abuse under Article 7 of Chapter 4 of Title 49 or any other statutory provisions which authorize investigation relating to insurance."

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

Approved May 4, 2021.

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PROFESSIONS AND BUSINESSES ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORS; EXTEND TIME TO QUALIFY FOR LICENSE OR CERTIFICATION USING MILITARY SPECIALTY OR CERTIFICATION.

No. 206 (Senate Bill No. 27).

AN ACT

To amend Code Section 43-14-15 of the Official Code of Georgia Annotated, relating to certain military certifications that entitle persons to obtain certain professional licenses, so as to extend the time a member of the military has to qualify for the issuance of a license or certification as an electrical contractor, plumber, conditioned air contractor, low-voltage

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contractor, or utility contractor using his or her military specialty or certification; 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 43-14-15 of the Official Code of Georgia Annotated, relating to certain military certifications that entitle persons to obtain certain professional licenses, is amended by revising subsection (c) as follows:
"(c) Any current or former member of the military may apply to the licensing board for the immediate issuance of a license or certification based upon his or her having obtained a military specialty or certification, the training or experience for which substantially meets or exceeds the requirements to obtain a license or certification identified in subsection (b) of this Code section. In order to qualify under this subsection, an applicant shall make application not later than two years after his or her discharge. The licensing board, in its discretion, may by rule or regulation extend such two-year period for a license or certification, or class thereof, or may extend such two-year period for an individual applicant if certain circumstances, including, but not limited to, health, hospitalization, or other related emergencies or exigencies, prevented the member of the military from making an application. Such application shall be in such form and shall require such documentation as the division director shall determine. If the applicant satisfies the requirements of this Code section, the division director shall direct the appropriate division to issue the appropriate license, and the division shall immediately issue such license; provided, however, that the applicant shall satisfy all financial and insurance requirements for the issuance of such license. This Code section shall only apply to the initial issuance of a license. After the initial issuance of a license, the licensee shall be subject to any provisions relating to the renewal of the license applicable to all licensees."

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

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

Approved May 4, 2021.

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CRIMES AND OFFENSES REVISES PROHIBITION ON ELECTRONICALLY TRANSMITTING OR POSTING NUDE OR SEXUALLY EXPLICIT PHOTOGRAPHS OR VIDEOS FOR PURPOSES OF HARASSING THE DEPICTED PERSON.

No. 207 (Senate Bill No. 78).

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 revise the prohibition on electronically transmitting or posting nude or sexually explicit photographs or videos for purposes of harassing the depicted person; to provide for an increased penalty for the electronic transmission or posting to a web page that is accessible to the general public; 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 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasion of privacy, is amended by revising subsections (b) and (c) 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, serves no legitimate purpose to the depicted person, and is transmitted or posted:
(A) To a website, peer-to-peer file-sharing site, thumbnail gallery, movie gallery post, linked list, live webcam, web page, or message board, that advertises or promotes its service as showing, previewing, or distributing sexually explicit conduct; or (B) Via any other electronic means that does not fall within subparagraph (A) of this paragraph; 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, serves no legitimate purpose to the depicted person, and is transmitted or posted:

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(A) To a website, peer-to-peer file-sharing site, thumbnail gallery, movie gallery post, linked list, live webcam, web page, or message board, that advertises or promotes its service as showing, previewing, or distributing sexually explicit conduct; or (B) Via any other electronic means that does not fall within subparagraph (A) of this paragraph. 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. (c)(1) Any person who violates subparagraph (b)(1)(B) or (b)(2)(B) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature; provided, however, that upon a second or subsequent violation of this Code section, he or she shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not more than $100,000.00, or both. (2) Any person who violates subparagraph (b)(1)(A) or (b)(2)(A) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than five years, a fine of not more than $100,000.00, or both. Upon the second and all subsequent convictions for violations of subparagraph (b)(1)(A) or (b)(2)(A) of this Code section, such person shall be guilty of a felony and shall be punished by imprisonment of not less than two nor more than five years, a fine of not more than $100,000.00, or both."

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

Approved May 4, 2021.

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PROFESSIONS AND BUSINESSES REVISE GROUNDS FOR REFUSING TO GRANT OR REVOKING A LICENSE.

No. 208 (Senate Bill No. 114).

AN ACT

To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to professions and businesses, so as to revise the grounds for refusing to grant or revoking a license; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to professions and businesses, is amended by revising paragraph (1) of subsection (q) of Code Section 43-1-19, relating to grounds for refusing to grant or revoking licenses, application of Administrative Procedure Act, subpoena powers, disciplinary actions, judicial review, reinstatement, investigations, complaints, surrender, and probationary license, as follows:
"(q)(1) Notwithstanding paragraphs (3) and (4) of subsection (a) of this Code section or any other provision of law, and unless a felony or crime involving moral turpitude directly relates to the occupation for which the license is sought or held, no professional licensing board shall refuse to grant a license to an applicant therefor or shall revoke the license of an individual licensed by that board due solely or in part to such applicant's or licensee's:
(A) Conviction of any felony or any crime involving moral turpitude, whether it occurred in the courts of this state or any other state, territory, or country or in the courts of the United States; (B) Arrest, charge, and sentence for the commission of such offense; (C) Sentence for such offense pursuant to Article 3 of Chapter 8 of Title 42 or another state's first offender laws; (D) Sentence for such offense pursuant to subsection (a) or (c) of Code Section 16-13-2; (E) Sentence for such offense as a result of a plea of nolo contendere; (F) Adjudication of guilt or sentence was otherwise withheld or not entered; or (G) Being under supervision by a community supervision officer, as such term is defined in Code Section 42-3-1, for a conviction of any felony or any crime involving moral turpitude, whether it occurred in the courts of this state or any other state, territory, or country or in the courts of the United States, so long as such individual was not convicted of a felony violation of Chapter 5 of Title 16 nor convicted of a crime requiring registration on the state sexual offender registry."

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

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

Approved May 4, 2021.

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STATE GOVERNMENT MONUMENT IN HONOR OF THE HONORABLE ZELL BRYAN MILLER TO BE PLACED UPON THE CAPITOL GROUNDS.

No. 209 (Senate Bill No. 140).

AN ACT

To amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state flag, seal, and other symbols, so as to provide for placement of a monument in honor of the Honorable Zell Bryan Miller upon the capitol grounds of the state capitol 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. Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state flag, seal, and other symbols, is amended by adding a new article to read as follows:

"ARTICLE 7

50-3-120. (a) Subject to the availability of funds, there shall be placed within the capitol building or grounds a monument honoring the memory and legacy of the Honorable Zell Bryan Miller.
(b)(1) Such monument shall be designed, procured, and placed by the Capitol Art Standards Commission, subject to final approval by a monument committee composed of the following members of the General Assembly:
(A) Two members of the House of Representatives appointed by the Speaker of the House of Representatives; (B) Two members of the Senate appointed by the Lieutenant Governor; and (C) One member from each house of the General Assembly appointed by the Governor. (2) The monument committee established pursuant to this subsection shall stand abolished upon placement of such monument. (c) No public funds shall be expended for the design or procurement of such monument. Gifts and donations from private individuals, organizations, or foundations shall be accepted and expended by the Capitol Art Standards Commission to carry out the requirements of this Code section. (d) Such monument shall be procured and placed as soon as practicable but not before the state has been granted any intellectual property license necessary for purposes of this Code section."

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

Approved May 4, 2021.

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PROPERTY MECHANICS AND MATERIALMEN'S LIENS; CONFORM REFERENCE.

No. 210 (Senate Bill No. 143).

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 conform a reference within a statutory form regarding waiver of lien and labor or material bond rights; 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 paragraph (2) of subsection (g) of 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:
"(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:

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'AFFIDAVIT OF NONPAYMENT UNDER O.C.G.A. 44-14-366

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.) 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

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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 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 AFFIDAVIT TO THE COMPANY'S ADDRESS OR THE REGISTERED AGENT'S ADDRESS ON FILE WITH THE SECRETARY OF STATE SHALL BE DEEMED SUFFICIENT.'"

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

Approved May 4, 2021.

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BUILDINGS AND HOUSING HOUSING AUTHORITIES; LIMIT ABILITY OF CITY HOUSING AUTHORITIES TO OPERATE OUTSIDE MUNICIPAL BOUNDARIES WITHOUT AUTHORIZATION.

No. 211 (Senate Bill No. 144).

AN ACT

To amend Part 1 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions for housing authorities, so as to limit the ability of city housing authorities to operate outside municipal boundaries without authorization; to revise a definition; to restate that such operations must conform to local planning and zoning

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requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions for housing authorities, is amended in Code Section 8-3-3, relating to definitions, by revising paragraph (1) as follows:
"(1) 'Area of operation,' in the case of a housing authority of a city, means such city and any area which lies within the territorial boundaries of any other city, provided that a resolution shall have been adopted by the governing body of such other city declaring that there is a need for the city housing authority to exercise its powers within the territorial boundaries of said other city. No city, county, regional, or consolidated authority shall operate in any area in which an authority already established is operating without the consent by resolution of the authority already operating therein."

SECTION 2. Said part is further amended in Code Section 8-3-14, relating to consolidated housing authorities for two or more municipalities, by revising subsection (c) as follows:
"(c) The creation of a consolidated housing authority and the finding of need therefor shall be subject to the same provisions and limitations as are applicable to the creation of a regional housing authority; and all of the provisions of this article applicable to regional housing authorities and the commissioners thereof shall be applicable to consolidated housing authorities and the commissioners thereof; provided, however, that Code Section 8-3-107 shall not be applicable to the consolidation of housing authorities into a designated existing housing authority; and provided, further, that the area of operation of a consolidated housing authority shall include all of the territory within the boundaries of each municipality joining in the creation of such authority; and provided, further, that for all such purposes, the term 'county' shall be construed as meaning 'municipality,' the term 'governing body' in Code Section 8-3-106 shall be construed as meaning 'mayor or other executive head of the municipality,' and the terms 'county housing authority' and 'regional housing authority' shall be construed as meaning 'housing authority of the city' and 'consolidated housing authority,' respectively."

SECTION 3. Said part is further amended in Code Section 8-3-15, relating to extraterritorial operation of city housing authorities, by adding a new subsection to read as follows:
"(f) Any city housing authority operating housing projects that are outside such city and within ten miles of the boundaries of such city on July 1, 2021, shall be entitled to continue to operate such extraterritorial housing projects; provided, however, that no new housing

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projects outside such city shall be authorized without the governing body of the county or municipality where such housing project will be located consenting to the expansion of the housing authority's area of operation into such county or other municipality. Any such project shall conform to existing zoning classifications and land use plans of the political subdivision in which the proposed project will be located."

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

Approved May 4, 2021.

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ALCOHOLIC BEVERAGES DISTILLED SPIRITS; MODIFY PETITION REQUIREMENTS FOR REFERENDUM ON PACKAGE SALE; ADDITIONAL METHOD OF INITIATING REFERENDUM; PROCEDURES FOR CALLING AND CONDUCTING REFERENDUMS AND NULLIFICATIONS.

No. 212 (Senate Bill No. 145).

AN ACT

To amend Article 3 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to local authorization and regulations for manufacture, distribution, and package sales of distilled spirits, so as to modify the petition requirements for initiating a referendum election for the authorization of the issuance of licenses for the package sale of distilled spirits; to provide an additional method of initiating such a referendum election; to change certain provisions relating to the procedures for calling and conducting certain referendum elections and the nullifications thereof; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to local authorization and regulations for manufacture, distribution, and package sales of distilled spirits, is amended by revising Code Section 3-4-41, relating to petition for referendum and notice of call for referendum, as follows:

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"3-4-41. (a) A referendum election to authorize the issuance of licenses for the package sale of distilled spirits may be initiated upon an ordinance or resolution from the governing authority of any municipality or county or upon a written petition containing the signatures of at least 20 percent of the registered and qualified voters of any municipality or county being filed with the election superintendent of the county or municipality. Such superintendent, upon validation of the ordinance, resolution, or petition, shall be required to call and conduct a referendum election as provided for in Chapter 2 of Title 21, the 'Georgia Election Code,' for the purpose of submitting to the qualified voters of the municipality or county, as the case may be, the question of whether the issuance of licenses for the package sale of distilled spirits in the political subdivision shall be permitted or prohibited. Such ordinance, resolution, or petition shall not be amended, supplemented, or returned after its presentation to the appropriate authority. Validation shall, for the purposes of petitions authorized under this Code section, be the procedure in which the election superintendent determines whether each signature on the petition is the name of a registered and qualified voter. (b) For purposes of petitions authorized under this Code section, the required number of signatures of registered voters of a political subdivision shall be computed based on the number of voters qualified to vote at the general election immediately preceding the presentation of the petition. Actual signers of the petition shall be registered and qualified to vote in the referendum election sought by the petition. Upon determining that the petition contains a sufficient number of valid signatures or upon receipt of an ordinance or resolution, the election superintendent shall set the date of the referendum election on a date authorized under Code Section 21-2-540. The referendum may be held as a special referendum election or may be held at the time of holding any other primary or election in such county or municipality. (c) Notice of the call for the referendum election shall be published by the election superintendent in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality. The election superintendent shall also cause the date and purpose of the referendum election to be published in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality, once a week for two weeks immediately preceding the date of the referendum election. (d) Following the expiration of two years after any referendum election is held which results in the disapproval of sales as provided in this article, another referendum election on this question shall be held if another ordinance, resolution, or petition, as provided in subsection (a) of this Code section, is filed with the appropriate election superintendent."

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SECTION 2. Said article is further amended by revising subsection (a) of Code Section 3-4-46, relating to procedure for conduct of election for purpose of nullifying previous election result, as follows:
"(a) In any county or municipality which has at any time held a referendum election in accordance with this article, resulting in the approval of the issuance of licenses for the package sale of distilled spirits, the election superintendent of the county or municipality shall, upon the filing of an ordinance, resolution, or petition as provided in subsection (a) of Code Section 3-4-41, proceed to call another referendum election in the same manner as provided in this article for the purpose of nullifying the previous referendum election result."

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

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

Approved May 4, 2021.

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MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS STATUTORY SPEEDY TRIAL REQUIREMENTS; SUSPENSION WHEN IMPRACTICABLE FOLLOWING A JUDICIAL EMERGENCY.

No. 213 (Senate Bill No. 163).

AN ACT

To amend Part 2 of Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to judicial emergency, so as to provide for the suspension of statutory speedy trial requirements when compliance with such statutory speedy trial requirements becomes impracticable following a judicial emergency; to provide for applicable circumstances; to provide for requirements; to provide for notice; to provide for intervention by the Chief Justice of the Supreme Court; to provide for a sunset date; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 2 of Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to judicial emergency, is amended by revising subsection (b) of Code Section 38-3-61, relating to declaration of judicial emergency, duration of judicial emergency declaration, and designation of alternative facility in lieu of court, as follows:
"(b) Except as provided in subsection (b) of Code Section 38-3-62, an order declaring the existence of a judicial emergency shall be limited to an initial duration of not more than 30 days; provided, however, that the order may be modified or extended for no more than two periods not exceeding 30 days each unless a public health emergency exists as set forth in Code Section 38-3-51, in which case the Chief Justice of the Supreme Court of Georgia may extend the emergency order for so long as such emergency exists, as declared by the Governor. Any modification or extension of the initial order shall require information regarding the same matters set forth in subsection (a) of this Code section for the issuance of the initial order."

SECTION 2. Said part is further amended by revising Code Section 38-3-62, relating to suspension or tolling of deadlines and time schedules in event of judicial emergency, as follows:
38-3-62. (a) An authorized judicial official in an order declaring a judicial emergency, or in an order modifying or extending a judicial emergency order, is authorized to suspend, toll, extend, or otherwise grant relief from deadlines or other time schedules or filing requirements imposed by otherwise applicable statutes, rules, regulations, or court orders, whether in civil or criminal cases or administrative matters, including, but not limited to:
(1) A statute of limitation; (2) The time within which to issue a warrant; (3) The time within which to try a case for which a demand for speedy trial has been filed; (4) The time within which to hold a commitment hearing; (5) A deadline or other schedule regarding the detention of a juvenile; (6) The time within which to return a bill of indictment or an accusation or to bring a matter before a grand jury; (7) The time within which to file a writ of habeas corpus; (8) The time within which discovery or any aspect thereof is to be completed; (9) The time within which to serve a party; (10) The time within which to appeal or to seek the right to appeal any order, ruling, or other determination; and (11) Such other legal proceedings as determined to be necessary by the authorized judicial official.

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(b)(1) As used in this subsection, the term 'statutory speedy trial requirements' means all speedy trial deadlines, time schedules, or filing requirements imposed by Code Section 17-7-170 or 17-7-171.
(2)(A) A chief judge of a Georgia superior court judicial circuit or a chief judge of a Georgia state court may suspend, toll, extend, modify, or otherwise grant relief from statutory speedy trial requirements following a judicial emergency if compliance with such requirements is impracticable, subject to the requirements under subparagraph (B) of this paragraph. (B) Relief under this subsection shall be authorized if a chief judge certifies that under the totality of the circumstances arising from the preceding judicial emergency, compliance with statutory speedy trial requirements is impracticable in the applicable county or court following a judicial emergency due to the following factors:
(i) A pending criminal case volume that is substantially above the average pending criminal case volume at the end of each of the three full calendar years preceding the judicial emergency; (ii) An annualized criminal case clearance rate in the current calendar year that is substantially below the average criminal case clearance rate for each of the three full calendar years preceding the judicial emergency; (iii) The number of speedy trial demands pending within one month of the date of certification; (iv) The number of jury trials held during the last full term of court; (v) Ongoing space limitations or other health or safety concerns regarding the use of the facilities available to conduct criminal trials and related activities; (vi) The limited availability of judges, courtroom personnel, prosecutors, public defenders, expert witnesses, forensic analysis, law enforcement officers, or other relevant persons; (vii) The extent of efforts made by prosecuting attorneys and the court to reduce the number of criminal defendants held in custody awaiting trial; and (viii) Other relevant facts that justify ongoing relief from statutory speedy trial requirements, if any. (3) An order granting relief under this subsection shall be accompanied by a certification that compliance with statutory speedy trial requirements is impracticable in the applicable county or court. Each time a chief judge issues an order granting relief under this subsection, he or she shall: (A) Certify that compliance with statutory speedy trial requirements is impracticable in the applicable county or court; or (B) Attach such certification provided by either: (i) A majority of the superior court judges in his or her judicial circuit pursuant to paragraph (6) of this subsection; or (ii) A majority of the state court judges in his or her county pursuant to paragraph (8) of this subsection.

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(4) Each certification issued pursuant to paragraph (3) of this subsection shall include the following:
(A) Supporting statistical data and findings of fact to justify relief under paragraph (2) of this subsection; and (B) A plan to resolve cases in which a statutory speedy trial demand has been filed as expeditiously as possible. The plan shall establish an order of priority in which such cases will be called for trial, giving highest priority to such cases of defendants who have been held in custody for the longest time as a result of the charges in the case. The plan shall also state the number of trial weeks scheduled for each judge in the applicable county or court during the period of relief granted under this subsection. (5) A chief judge of a superior court judicial circuit acting under this subsection: (A) May act independently of any emergency declared by the Governor; (B) May grant relief from statutory speedy trial requirements in a superior court for a county in his or her judicial circuit; (C) May act in his or her own discretion; and (D) Shall act upon the request of a majority of the active superior court judges in his or her judicial circuit pursuant to paragraph (6) of this subsection. (6) A chief judge of a superior court judicial circuit shall grant relief from speedy trial requirements in a superior court for a county in his or her judicial circuit if such action is requested by a majority of the active superior court judges in his or her judicial circuit. Any such request shall be in writing and be accompanied by the certification required in paragraph (3) of this subsection. (7) A chief judge of a state court acting under this subsection: (A) May act independently of any emergency declared by the Governor; (B) May grant relief from statutory speedy trial requirements in his or her state court; (C) May act in his or her own discretion; and (D) Shall act upon the request of a majority of the active state court judges in his or her county pursuant to paragraph (8) of this subsection. (8) A chief judge of a state court shall grant relief from speedy trial requirements in his or her state court if such action is requested by a majority of the active state court judges in his or her county. Any such request shall be in writing and be accompanied by the certification required in paragraph (3) of this subsection. (9) Each period of relief granted under this subsection: (A) Shall not exceed a total of eight months; and (B) Shall end on the last day of a term of court. (10) Each time a chief judge issues an order granting relief under this subsection, he or she shall provide notice of such action to judicial officials and the public in the same manner provided in Code Section 38-3-63, except that such notice shall also include the certification required under paragraph (3) of this subsection. (11) The Chief Justice of the Georgia Supreme Court may, by order and in his or her sole discretion, reinstate any statutory speedy trial requirement subject to an order granting

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relief under this subsection. The Chief Justice shall provide notice of such action to judicial officials and the public in the same manner provided in Code Section 38-3-63. If the Chief Justice takes such action, a chief judge shall not grant subsequent relief from statutory speedy trial requirements in the applicable county or court following the same judicial emergency unless subsequent relief is reauthorized by the Chief Justice. (12) Nothing in this subsection shall relieve the state of its constitutional obligation to provide for a speedy and public criminal trial. (13) This subsection shall be in effect until June 30, 2023, and no order granting relief under this subsection shall be issued after such date."

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

Approved May 4, 2021.

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MOTOR VEHICLES AND TRAFFIC LOW-SPEED ALTERNATIVE FUEL VEHICLES; REDUCE REGISTRATION FEE; AUTONOMOUS VEHICLE EXEMPTION; PERMIT FOR AMBER STROBE LIGHT.

No. 214 (Senate Bill No. 165).

AN ACT

To amend Code Section 40-2-151 of the Official Code of Georgia Annotated, relating to the annual license fees for operation of vehicles, so as to reduce the registration fee charged to low-speed alternative fueled vehicles; to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to exempt certain autonomous vehicles from certain equipment standards; to require the display of a reflective emblem or the use of strobe light while operating a slow-moving or low-speed vehicle; to provide for issuance of a permit relating to operation of an amber strobe light upon a low-speed vehicle; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 40-2-151 of the Official Code of Georgia Annotated, relating to the annual license fees for operation of vehicles, is amended by revising subparagraph (a)(19)(A) as follows:
"(19)(A)(i) Upon registration of an alternative fueled vehicle not operated for commercial purposes.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200.00
(ii) Upon registration of an alternative fueled vehicle operated for commercial purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300.00
(iii) Upon registration of an alternative fueled vehicle that is a low-speed vehicle.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00"

SECTION 2. Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, is amended by revising Code Section 40-8-1, relating to application of article, by revising subsection (b) as follows:
"(b) Unless otherwise required by federal law, rule, or regulation, a fully autonomous vehicle that is designed to be operated exclusively by the automated driving system for all trips shall not be subject to any provisions of this article that relate to or support motor vehicle operation by a human driver and are not relevant to the operation of an automated driving system. (c) Nothing in this article shall be construed to prohibit the use of additional parts and accessories on any vehicle, which use is not inconsistent with the provisions of this article."

SECTION 3. Said chapter is further amended in Code Section 40-8-4, relating to emblem to be displayed on certain slow-moving vehicles or equipment operating on public roads, as follows:
"40-8-4. (a) It shall be unlawful for any person to operate upon the public roads of this state any slow-moving vehicle or equipment, any farm trailer or semitrailer which is used for agricultural purposes and which would otherwise be exempt from this article as an implement of husbandry under Code Section 40-8-1, any animal drawn vehicle, or any machinery designed for use and generally operated at speeds less than 25 miles per hour, including all road construction or maintenance equipment and machinery except when engaged in actual construction or maintenance procedures and all other construction equipment and machinery, unless there is displayed on the rear thereof an emblem which shall comply with subsection (b) of this Code section or an amber strobe light operated in compliance with Code Section 40-8-35. It shall also be unlawful to operate upon the public

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roads of this state without such an emblem any three-wheeled motorcycle used only for agricultural purposes unless such three-wheeled motorcycle is licensed as required by Chapter 2 of this title and is in compliance with all other requirements of this chapter. (b) The emblem required by subsection (a) of this Code section shall conform with those standards and specifications adopted for slow-moving vehicles by the American Society of Agricultural Engineers in December, 1966, and contained within such society's standard ASAE S276.1, or shall be an emblem of the same shape and size painted on such vehicle in a bright and conspicuous retroreflective red orange paint. Such emblem shall be mounted on the rear of such vehicles, in the approximate horizontal geometric center of the vehicle, at a height of three to five feet above the roadway, and shall be maintained at all times in a clean and reflective condition. (c) Any person violating this Code section shall be guilty of a misdemeanor. (d) Nothing in this Code section shall apply to any self-propelled, two-wheeled vehicle."

SECTION 4. Said chapter is further amended by revising Code Section 40-8-35, relating to operating low-speed vehicles on highway requires amber strobe light, as follows:
"40-8-35. (a) Any low-speed vehicle operated on the highways of this state without a properly affixed emblem conforming to the requirements of Code Section 40-8-4 shall display an amber strobe light so as to warn approaching travelers to decrease their speed because of the danger of colliding with such vehicle. Such amber strobe light shall be mounted in a manner so as to be visible under normal atmospheric conditions from a distance of 500 feet from the front and rear of such vehicle. (b) Any permit required for compliance with this Code section shall be issued by a county tag agent upon registration of such vehicle."

SECTION 5. This Act shall become effective on July 1, 2021, and Section 1 of this Act shall be applicable to vehicle registrations occurring on or after July 1, 2021.

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

Approved May 4, 2021.

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CONTRACTS HIGHWAYS, BRIDGES, AND FERRIES LOCAL GOVERNMENT ACCEPTANCE OF ELECTRONIC SIGNATURES AND ELECTRONIC CORPORATE SEALS ON BONDS.

No. 215 (Senate Bill No. 169).

AN ACT

To amend Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions regarding contracts for public works, Code Section 32-2-70 of the Official Code of Georgia Annotated, relating to bonds of successful bidder, and Part 1 of Article 3 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to bonds generally, so as to provide for acceptance of electronic signatures and electronic corporate seals on 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:

PART I

SECTION 1-1. Article 1 of Chapter 10 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions regarding contracts for public works, is amended by adding a new Code section to read as follows:
"13-10-43. Public procurement officers shall accept electronic signatures and electronic corporate seals on bonds issued pursuant to this part so long as such signatures and seals comply with the provisions of Chapter 12 of Title 10 and Code Section 33-24-14."

SECTION 1-2. Said article is further amended by adding a new Code section to read as follows:
"13-10-66. Public procurement officers shall accept electronic signatures and electronic corporate seals on bonds issued pursuant to this part so long as such signatures and seals comply with the provisions of Chapter 12 of Title 10 and Code Section 33-24-14."

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PART II

SECTION 2-1. Code Section 32-2-70 of the Official Code of Georgia Annotated, relating to bonds of successful bidder, is amended as follows:
"32-2-70. (a) Where the contract price exceeds $100,000.00, no department construction contract shall be valid unless the contractor first gives:
(1) The performance and payment bonds in accordance with Chapter 10 of Title 13; and (2) Such other bonds or insurance policies required by the department in its proposal forms, including but not limited to public liability and property damage insurance bonds or policies. (b) Public procurement officers shall accept electronic signatures and electronic corporate seals on bonds issued pursuant to this Code section so long as such signatures and seals comply with the provisions of Chapter 12 of Title 10 and Code Section 33-24-14."

PART III

SECTION 3-1. Part 1 of Article 3 of Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to bonds generally, is amended by adding a new Code section to read as follows:
"36-91-42. Public procurement officers shall accept electronic signatures and electronic corporate seals on bonds issued pursuant to this part so long as such signatures and seals comply with the provisions of Chapter 12 of Title 10 and Code Section 33-24-14."

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 May 4, 2021.

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CRIMINAL PROCEDURE REVISE BAIL RESTRICTED OFFENSES; AUTHORIZE CERTAIN JUDGES TO ISSUE CERTAIN BONDS AND UNSECURED JUDICIAL RELEASE.

No. 216 (Senate Bill No. 174).

AN ACT

To amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds and recognizances, so as to revise bail restricted offenses; to revise a definition; to provide for and authorize appointed judges who are fulfilling a vacancy of an elected judge to issue certain bonds and an unsecured judicial release under certain circumstances; 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 6 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds and recognizances, is amended by revising paragraph (4) of subsection (e) of Code Section 17-6-1, relating to when offenses bailable, procedure, schedule of bails, and appeal bonds, as follows:
"(4) A bond set for any offense by an elected judge, an appointed judge filling the vacancy of 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."

SECTION 2. Said article is further amended by revising Code Section 17-6-12, relating to unsecured judicial release, requirement, and effect of failure of person charged to appear for trial, 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;

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(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; (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; (viii.1) Burglary; (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; (xiv) Participating in criminal street gang activity; (xv) Habitual violator; (xvi) Driving under the influence of alcohol, drugs, or other intoxicating substances; (xvii) Entering an automobile or other mobile vehicle with intent to commit theft or felony, as defined in Code Section 16-8-18; or (xviii) Stalking; or (C) A misdemeanor offense of: (i) Crimes involving family violence, as defined in Code Section 19-13-1; or (ii) Stalking. (2) 'Unsecured judicial release' means any release 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 and that is: (A) On a person's own recognizance; or (B) 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. (b) An elected judge, an appointed judge filling the vacancy of an elected judge, or judge sitting by designation may issue an unsecured judicial release if: (1) Such unsecured judicial release is noted on the release order; and

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(2) The person is not charged with a bail restricted offense. (c) Except as provided in subsection (b) 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. (d) 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."

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

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

Approved May 4, 2021.

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LAW ENFORCEMENT OFFICERS AND AGENCIES DEPARTMENT OF PUBLIC SAFETY; PROVIDE FOR SUBSISTENCE AND PER DIEM ALLOWANCES, RECEIPT OF BADGE AND DUTY WEAPON UPON RETIREMENT, AND AUTHORITY TO GRANT SALARY INCREASES UPON COMPLETION OF CERTAIN EDUCATION COURSES.

No. 217 (Senate Bill No. 198).

AN ACT

To amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to provide for subsistence and per diem allowances; to provide for receipt of badge and duty weapon upon retirement; to provide for authority to grant salary increases upon completion of certain education courses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended by adding a new Code Section to read as follows:
"35-2-16. (a) The commissioner shall be authorized to provide for a subsistence and per diem allowance for employees of the department. (b) The commissioner shall be authorized to pay to sworn employees of the department additional compensation upon any such employee's retirement in the form of the badge and the duty weapon issued by the department to such employee. (c) The commissioner shall be authorized to grant a salary increase to those sworn employees of the department and those communications officers who have obtained degrees from an accredited member of the Federation of Regional Accrediting Commissions of Higher Education or who have obtained a degree of completion from some other educational institution with respect to a course of instruction related to law enforcement, so long as both the course of instruction and the institution are specifically approved by the commissioner. (d) This Code section is not intended to repeal existing law concerning the following:
(1) The authority of the board to pay certain medical expenses incurred by any member of the Georgia State Patrol or the Georgia Bureau of Investigation; (2) The authority of the commissioner to provide uniforms and supplies to members of the Uniform Division; or (3) The requirement that board and quarters be furnished to every member of the Uniform Division on active duty."

SECTION 2. Said chapter is further amended by revising Code Section 35-2-42, relating to compensation of certain members of the Department of Public Safety, subsistence and per diem allowances, receipt of badge and duty weapon upon retirement, and incentive pay, as follows:
"35-2-42. All members of the Uniform Division, all communications officers, and all recruits or cadets shall be governed by rules and regulations as now or hereafter established under Chapter 20 of Title 45."

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

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

Approved May 4, 2021.

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HEALTH CERTIFIED MEDICATION AIDES; AUTHORIZATION TO ADMINISTER CERTAIN MEDICATIONS TO NURSING HOME RESIDENTS UNDER CERTAIN CIRCUMSTANCES.

No. 218 (Senate Bill No. 215).

AN ACT

To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to authorize certified medication aides to administer certain medications to nursing home residents under certain circumstances; to provide criteria and requirements; to provide that certified medication aides employed by a nursing home are not authorized to administer Schedule II narcotic controlled substances; to provide for employer based certified nurse aide training in assisted living communities, private home care providers, personal care homes, and other long-term care facilities; 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 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by adding new Code sections to read as follows:
"31-7-12.7. (a) A nursing home may employ certified medication aides for the purpose of performing the technical aspects of the administration of certain medications in accordance with this Code section. (b) A nursing home shall not employ an individual as a certified medication aide unless such individual is listed in the medication aide registry established and maintained by the department pursuant to paragraph (2) of subsection (g) of Code Section 31-7-12.2, is in good standing with the department, and has met all of the qualifications in paragraph (3) of subsection (g) of Code Section 31-7-12.2.

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(c) A nursing home shall annually conduct a comprehensive clinical skills competency review of each certified medication aide employed by such nursing home. (d) A certified medication aide who meets the criteria established in this Code section shall be permitted to perform the following tasks in a nursing home in accordance with the written instructions of a physician:
(1) Administer physician ordered oral, ophthalmic, topical, otic, nasal, vaginal, and rectal medications; (2) Administer insulin, epinephrine, and B12 pursuant to physician direction and protocol; (3) Administer medications via a metered dose inhaler; (4) Conduct finger stick blood glucose testing following established protocol; (5) Administer a commercially prepared disposable enema as ordered by a physician; and (6) Assist residents in the supervision of self-administration of medications. (e) A certified medication aide shall record in the medication administration record all medications that such certified medication aide has personally administered to a resident of a nursing home and any refusal of a resident to take a medication. A certified medication aide shall observe a resident to whom a medication has been administered and shall report any changes in the condition of such resident to a charge nurse. (f) All medications administered by a certified medication aide in accordance with this Code section shall be in unit or multidose packaging. (g) A nursing home that employs one or more certified medication aides to administer medications in accordance with this Code section shall secure the services of a licensed pharmacist to perform the following duties as part of the nursing home's peer review, medical review, and quality assurance functions: (1) Perform a quarterly review of the drug regimen of each resident of the nursing home and report any irregularities to the nursing home administrator; (2) 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; (3) Establish or review policies and procedures for safe and effective drug therapy, distribution, use, and control; and (4) Monitor compliance with established policies and procedures for medication handling and storage. (h) A nursing home that employs one or more certified medication aides to administer medications in accordance with this Code section shall ensure that each certified medication aide receives ongoing medication training as prescribed by the department. A registered professional nurse or pharmacist shall conduct quarterly unannounced medication administration observations and report any issues to the nursing home administrator. (i) Nothing in this Code section shall authorize certified medication aides employed by a nursing home to administer any Schedule II controlled substance that is a narcotic.

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31-7-12.8. The department shall approve employer based programs sponsored by or offered in assisted living communities, private home care providers, personal care homes, or other long-term care facilities licensed by the department for certified nurse aide training and competency examination programs, in the same manner as such programs are approved in nursing homes, as determined by the department. The department shall require all employer based programs to meet the requirements set forth in 42 C.F.R. 483.152 and other applicable laws and regulations."

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

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

Approved May 4, 2021.

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ELECTIONS LEADERSHIP COMMITTEES.

No. 219 (Senate Bill No. 221).

AN ACT

To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide for a definition; to provide for leadership committees; to provide for chairpersons; to provide that such committees may receive contributions and make expenditures; to provide for disposition of assets in certain circumstances; to provide for filings and reports; to provide an exception from contribution limits; to provide for certain notices; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, is amended by adding a new Code section to read as follows:
"21-5-34.2. (a) As used in this Code section, the term 'leadership committee' means a committee, corporation, or organization chaired by the Governor, the Lieutenant Governor, the

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nominee of a political party for Governor selected in a primary election in the year in which he or she is nominated, or the nominee of a political party for Lieutenant Governor selected in a primary election in the year in which he or she is nominated. Such term shall also mean up to two political action committees designated by the majority caucus of the House of Representatives, the minority caucus of the House of Representatives, the majority caucus of the Senate, and the minority caucus of the Senate. No person may chair more than one leadership committee. (b) A leadership committee may receive contributions from persons who are members or supporters of the leadership committee and expend such funds as permitted by this Code section. (c) If a person chairing a leadership committee ceases to hold the office or the status as a nominee of a political party as described in subsection (a) of this Code section, such person shall transfer the remaining assets of the leadership committee, if any, to another leadership committee within 60 days, name an eligible person as the new chairperson of the leadership committee within 60 days, or dispose of the leadership committee's assets as provided by Code Section 21-5-33. (d) A leadership committee may accept contributions or make expenditures for the purpose of affecting the outcome of any election or advocating for the election or defeat of any candidate, may defray ordinary and necessary expenses incurred in connection with any candidate's campaign for elective office, and may defray ordinary and necessary expenses incurred in connection with a public officer's fulfillment or retention of such office. (e) A leadership committee which accepts contributions or makes expenditures in excess of $500.00 shall register with the commission within ten days of such accepted contribution or such expenditure and, thereafter, shall file disclosure reports pursuant to the schedule defined for candidates and campaign committees in subsection (c) of Code Section 21-5-34. Such disclosure reports shall be made pursuant to subsection (b) of Code Section 21-5-34. The contribution limits in Code Section 21-5-41 shall not apply to contributions to a leadership committee or expenditures made by a leadership committee in support of a candidate or a group of named candidates. All communications paid for by expenditures of the leadership committee shall contain a disclaimer, either audibly or in writing, that the communication is paid for by the leadership committee, unless such disclaimer is impractical. (f) A leadership committee shall be a separate legal entity from a candidate's campaign committee and shall not be considered an independent committee."

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

Approved May 4, 2021.

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AGRICULTURE EXCLUDES CERTAIN SOIL AMENDMENTS FROM REGULATION.

No. 220 (Senate Bill No. 260).

AN ACT

To amend Code Section 2-12-80 of the Official Code of Georgia Annotated, relating to promulgation and adoption of rules and regulations and sharing of information, so as to exclude certain soil amendments from regulation; to limit locally adopted buffers and setbacks; to require site-specific nutrient management plans; to amend Code Section 43-51-6 of the Official Code of Georgia Annotated, relating to certification of operators of water or wastewater treatment plants and laboratory analysts, renewal, continuing education, and training period, so as to provide for a registration fee for board approved continuing education providers; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 2-12-80 of the Official Code of Georgia Annotated, relating to promulgation and adoption of rules and regulations and sharing of information, is amended by revising paragraph (1) as follows:
"(1) Promulgate and adopt: (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, 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, soil amendments derived from industrial by-products generated solely from forest products, excluding chemical by-products of pulp digestion, 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; provided, further, that no such buffer or setback shall exceed 100 feet in width; and (C) Rules and regulations that require every owner and operator of a farm on which soil amendments are being applied to procure a site-specific nutrient management plan and make a copy of such plan available for inspection at the request of the department; and"

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SECTION 2. Code Section 43-51-6 of the Official Code of Georgia Annotated, relating to certification of operators of water or wastewater treatment plants and laboratory analysts, renewal, continuing education, and training period, is amended by revising subsection (d) as follows:
"(d) Any certificate granted under this chapter shall be renewable biennially. Application for renewal of certificates shall be accompanied by a renewal fee in an amount established by the board. The board shall be authorized to require continuing education as a condition of certificate renewal and to assess a registration fee to board approved continuing education providers. The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate."

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

Approved May 4, 2021.

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MOTOR VEHICLES AND TRAFFIC PROVIDES FOR PROPER OPERATION OF A MOTOR VEHICLE WHEN OVERTAKING A BICYCLIST.

No. 221 (House Bill No. 353).

AN ACT

To amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on right side of roadway, overtaking and passing, and following too closely, so as to provide for proper operation of a motor vehicle when overtaking a bicyclist; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on right side of roadway, overtaking and passing, and following too closely, is amended by revising Code Section 40-6-56, relating to safe passing distance when overtaking a bicyclist, as follows:

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"40-6-56. (a) The operator of a motor vehicle approaching a bicycle shall approach the bicycle with due caution and shall proceed as follows:
(1) Make a lane change into a lane not adjacent to the bicycle if possible in the existing road and traffic conditions; or (2) If a lane change under paragraph (1) of this subsection would be impossible, prohibited by law, or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be at least ten miles per hour less than the posted speed limit or 25 miles per hour, whichever is more, and proceed around the bicycle with at least three feet between such vehicle and the bicycle at all times. (b) Any violation of this Code section shall be a misdemeanor punished by a fine of not more than $250.00."

SECTION 2. This Act shall become effective on July 1, 2021, and shall apply to offenses committed on or after that date.

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

Approved May 4, 2021.

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MOTOR VEHICLES AND TRAFFIC SPECIALTY LICENSE PLATE SUPPORTING MEMBERS OF THE UNITED STATES ARMY RANGERS; ESTABLISH.

No. 222 (Senate Bill No. 237).

AN ACT

To amend Code Section 40-2-86 of the Official Code of Georgia Annotated, 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, so as to establish a specialty license plate supporting members of the United States Army Rangers; to provide for related matters; to provide for compliance with constitutional requirements; 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 40-2-86 of the Official Code of Georgia Annotated, 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, is amended by adding a new paragraph to subsection (l) to read as follows:
"(66) A special license plate supporting members of the United States Army Rangers. The funds raised by the sale of this special license plate shall be disbursed to the National Ranger Memorial Foundation, Inc."

SECTION 2. In accordance with the requirements of Article III, Section IX, Paragraph VI(n) of the Constitution of the State of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority vote in both the Senate and the House of Representatives.

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

Approved May 5, 2021.

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HEALTH FOOD, DRUGS, AND COSMETICS PENAL INSTITUTIONS CLINICAL LABORATORIES; PHARMACIES; LICENSURE AND REGULATION.

No. 223 (House Bill No. 93).

AN ACT

To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to eliminate duplicative state licensure and regulation of clinical laboratories; to repeal provisions relating to examination of human specimens and methods for selection of blood donors and collection, storage, and processing of human blood; to eliminate state inspections of clinical laboratories; to amend Code Sections 26-4-172 and 42-1-10 of the Official Code of Georgia Annotated, relating to license requirements generally under the "Nuclear Pharmacy Act" and preliminary urine screen drug tests for inmates, respectively, so as to provide for conforming changes; to amend Code Section 26-4-5 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Pharmacy Practice Act,"

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so as to revise the definition of "pharmacy care"; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Chapter 22, relating to clinical laboratories, as follows:

"CHAPTER 22

31-22-1. As used in this chapter, the term:
(1) 'Certified' means certified by or operating under a certificate of waiver from the federal Centers for Medicare and Medicaid Services pursuant to the federal Clinical Laboratory Improvement Amendments of 1988. (2) 'Clinical laboratory' means a facility for the biological, microbiological, serological, chemical, immunohematological, hematological, biophysical, cytological, pathological, or other examination of materials derived from the human body for the diagnosis of, recommendation of treatment of, or for the purposes of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of human beings.

31-22-2. No clinical laboratory shall be operated in this state unless it is certified.

31-22-3. Reserved.

31-22-4. Reserved.

31-22-5. Reserved.

31-22-6. In addition to powers conferred elsewhere in this chapter, the board shall promulgate rules and regulations for the implementation of this chapter.

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31-22-7. The department shall require reporting by clinical laboratories of evidence of such infectious diseases as the department may specify and shall furnish forms for such reporting. No clinical laboratory making reports shall be held liable for having violated a trust or confidential relationship. The reports submitted shall be deemed confidential and not subject to public inspection.

31-22-8. Reserved.

31-22-9. Reserved.

31-22-9.1. (a) As used in this Code section, the term:
(1) 'AIDS' means Acquired Immunodeficiency Syndrome or AIDS Related Complex within the reporting criteria of the department. (2) 'AIDS confidential information' means information which discloses that a person:
(A) Has been diagnosed as having AIDS; (B) Has been or is being treated for AIDS; (C) Has been determined to be infected with HIV; (D) Has submitted to an HIV test; (E) Has had a positive or negative result from an HIV test; (F) Has sought and received counseling regarding AIDS; or (G) Has been determined to be a person at risk of being infected with HIV, and which permits the identification of that person. (3) 'AIDS transmitting crime' means any of the following offenses specified in Title 16: (A) Rape; (B) Sodomy; (C) Aggravated sodomy; (D) Child molestation; (E) Aggravated child molestation; (F) Prostitution; (G) Solicitation of sodomy; (H) Incest; (I) Statutory rape; or (J) Any offense involving a violation of Article 2 of Chapter 13 of Title 16, regarding controlled substances, if that offense involves heroin, cocaine, derivatives of either, or any other controlled substance in Schedule I, II, III, IV, or V and that other substance is commonly intravenously injected, as determined by the regulations of the department. (4) 'Body fluids' means blood, semen, or vaginal secretions.

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(5) 'Confirmed positive HIV test' means the results of at least two separate types of HIV tests, both of which indicate the presence of HIV in the substance tested thereby. (6) 'Counseling' means providing the person with information and explanations medically appropriate for that person which may include all or part of the following: accurate information regarding AIDS and HIV; an explanation of behaviors that reduce the risk of transmitting AIDS and HIV; an explanation of the confidentiality of information relating to AIDS diagnoses and HIV tests; an explanation of information regarding both social and medical implications of HIV tests; and disclosure of commonly recognized treatment or treatments for AIDS and HIV. (7) 'Determined to be infected with HIV' means having a confirmed positive HIV test or having been clinically diagnosed as having AIDS. (8) 'Health care facility' means any:
(A) Institution or medical facility, as defined in Code Section 31-7-1; (B) Facility for mentally ill persons or persons with developmental disabilities, as such terms are defined in Code Section 37-1-1, or alcoholic or drug dependent persons, as defined in Code Section 37-7-1; (C) Medical, dental, osteopathic, or podiatric clinic; (D) Hospice, as defined in Code Section 31-7-172; (E) Clinical laboratory, as defined in Code Section 31-22-1; or (F) Administrative, clerical, or support personnel of any legal entity specified in subparagraphs (A) through (E) of this paragraph. (9) 'Health care provider' means any of the following persons licensed or regulated by the state: (A) Physician or physician assistant; (B) Osteopath; (C) Podiatrist; (D) Midwife; (E) Dentist, dental technician, or dental hygienist; (F) Respiratory care professional, certified respiratory therapy technician, or registered respiratory therapist; (G) Registered nurse; (H) Licensed practical nurse; (I) Emergency medical technician, paramedic, or cardiac technician; (J) Clinical laboratory director, supervisor, technician, or technologist; (K) Funeral director or embalmer; (L) Member of a hospice team, as defined in Code Section 31-7-172; (M) Nursing home administrator; (N) Professional counselor, social worker, or marriage and family therapist; (O) Psychologist;

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(P) Administrative, clerical, or support personnel, whether or not they are licensed or regulated by the state, of any person specified in subparagraphs (A) through (O) of this paragraph; (Q) Trainee, student, or intern, whether or not they are licensed or regulated by the state, of any persons listed in subparagraphs (A) through (O) of this paragraph; or (R) First responder, as defined in Chapter 11 of this title, although such person is not licensed or regulated by the state. (10) 'HIV' means any type of Human Immunodeficiency Virus, Human T-Cell Lymphotropic Virus Types III or IV, Lymphadenopathy Associated Virus Types I or II, AIDS Related Virus, or any other identified causative agent of AIDS. (11) 'HIV infected person' means a person who has been determined to be infected with HIV, whether or not that person has AIDS, or who has been clinically diagnosed as having AIDS. (12) 'HIV test' means any antibody, antigen, viral particle, viral culture, or other test to indicate the presence of HIV in the human body, which test has been conducted by a certified clinical laboratory. (13) 'Institutional care facility' means any: (A) Health care facility; (B) Child welfare agency, as defined in Code Section 49-5-12; (C) Group-care facility, as defined in Code Section 49-5-3; (D) Penal institution; or (E) Military unit. (14) 'Knowledge of being infected with HIV' means actual knowledge of: (A) A confirmed positive HIV test; or (B) A clinical diagnosis of AIDS. (15) 'Law' means federal or state law. (16) 'Legal entity' means a partnership, association, joint venture, trust, governmental entity, public or private corporation, health care facility, institutional care facility, or any other similar entity. (17) 'Military unit' means the smallest organizational unit of the organized militia of the state, as defined in Code Section 38-2-2, or of any branch of the armed forces of the United States, which unit is commanded by a commissioned officer. (18) 'Penal institution' means any jail, correctional institution, or similar facility for the detention of violators of state laws or local ordinances. (19) 'Person' means a natural person. (20) 'Person at risk of being infected with HIV' means any person who may have already come in contact with or who may in the future reasonably be expected to come in contact with the body fluids of an HIV infected person. (21) 'Physician' means any person licensed to practice medicine under Chapter 34 of Title 43.

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(22) 'Public safety agency' means that governmental unit which directly employs a public safety employee. (23) 'Public safety employee' means an emergency medical technician, firefighter, law enforcement officer, or prison guard, as such terms are defined in Code Section 45-9-81, relating to indemnification of such personnel for death or disability. (b) Notwithstanding the provisions of Code Sections 31-22-10 and 31-22-11, no person or legal entity, other than an insurer authorized to transact business in this state, shall submit for an HIV test any human body fluid or tissue to any person or legal entity except to: (1) A clinical laboratory that is certified; or (2) A clinical laboratory licensed as such pursuant to the laws of any other state. (c) No person or legal entity may sell or offer for sale any HIV test that permits any person or legal entity, including the person whose body fluids are to be tested, to perform that test other than a person or legal entity specified in paragraphs (1) and (2) of subsection (b) of this Code section; provided, however, that this shall not apply to the sale or offer of sale of an HIV test that has been cleared or approved for home use by the federal Food and Drug Administration.

31-22-9.2. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for that term in Code Section 31-22-9.1. (b) Reserved. (c) Unless exempted under this Code section, each health care provider who orders an HIV test for any person shall do so only after notifying the person to be tested. Unless exempted under this subsection, the person to be tested shall have the opportunity to refuse the test. The provisions of this subsection shall not be required if the person is required to submit to an HIV test pursuant to Code Section 15-11-603, 17-10-15, 31-17A-3, 42-5-52.1, or 42-9-42.1. The provisions of this subsection shall not be required if the person is a minor or incompetent and the parent or guardian thereof permits the test after compliance with this subsection. The provisions of this subsection shall not be required if the person is unconscious, temporarily incompetent, or comatose and the next of kin permits the test after compliance with this subsection. The provisions of this subsection shall not apply to emergency or life-threatening situations. The provisions of this subsection shall not apply if the physician ordering the test is of the opinion that the person to be tested is in such a medical or emotional state that disclosure of the test would be injurious to the person's health. The provisions of this subsection shall only be required prior to drawing the body fluids required for the HIV test and shall not be required for each test performed upon that fluid sample. (d) The health care provider ordering an HIV test shall provide medically appropriate counseling to the person tested with regard to the test results. Such medically appropriate counseling shall only be required when the last confirmatory test has been completed.

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(e) The criminal penalty provided in Code Section 31-22-13 shall not apply to a violation of subsection (c), (d), or (g) of this Code section. The statute of limitations for any action alleging a violation of this Code section shall be two years from the date of the alleged violation. (f) The provisions of this Code section shall not apply to situations in which an HIV test is ordered or required in connection with insurance coverage, provided that the person to be tested or the appropriate representative of that person has agreed to have the test administered under such procedures as may be established by the Commissioner of Insurance after consultation with the Department of Community Health. (g) Notwithstanding the other provisions of this Code section, when exposure of a health care provider to any body fluids of a patient occurs in such a manner as to create any risk that such provider might become an HIV infected person if the patient were an HIV infected person, according to current infectious disease guidelines of the Centers for Disease Control and Prevention or according to infectious disease standards of the health care facility where the exposure occurred, a health care provider otherwise authorized to order an HIV test shall be authorized to order any HIV test on such patient and obtain the results thereof:
(1) If the patient or the patient's representative, if the patient is a minor, otherwise incompetent, or unconscious, does not refuse the test after being notified that the test is to be ordered; or (2) If the patient or the patient's representative refuses the test, following compliance with paragraph (1) of this subsection, when at least one other health care provider who is otherwise authorized to order an HIV test concurs in writing to the testing and the patient is informed of the results of the test and is provided counseling with regard to those results.

31-22-10. Nothing contained in this chapter shall be deemed or construed as affecting or repealing Chapter 23 of this title or Article 6 of Chapter 5 of Title 44.

31-22-11. Nothing contained in this chapter shall be deemed or construed as affecting or repealing Chapter 34 of Title 43.

31-22-12. The operation or maintenance of a clinical laboratory that is not certified, in violation of this chapter is declared a nuisance, inimical to the public health, welfare, and safety. The commissioner of the Department of Community Health in the name of the people of the state through the Attorney General may, in addition to other remedies provided in this chapter, bring an action for an injunction to restrain such violation or to enjoin the future operation or maintenance of any such clinical laboratory until compliance with this chapter

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or the rules or regulations promulgated under this chapter has been demonstrated to the satisfaction of the Department of Community Health.

31-22-13. Any person who violates any provision of this chapter or any of the rules and regulations promulgated pursuant thereto shall be guilty of a misdemeanor."

SECTION 2. Code Section 26-4-172 of the Official Code of Georgia Annotated, relating to license requirements generally under the "Nuclear Pharmacy Act," is amended by revising subsection (c) as follows:
"(c) Nothing in this article shall be construed so as to require a clinical laboratory certified by the federal Centers for Medicare and Medicaid Services, which is licensed by the Department of Community Health to handle radioactive materials, to obtain the services of a nuclear pharmacist, or to have a nuclear pharmacy license, unless the laboratory is engaged in the commercial sale or resale of radiopharmaceuticals."

SECTION 3. Code Section 42-1-10 of the Official Code of Georgia Annotated, relating to preliminary urine screen drug tests for inmates, is amended by revising subsection (b) as follows:
"(b) The Department of Corrections, Department of Community Supervision, and the State Board of Pardons and Paroles shall develop a procedure for the performance of preliminary urine screen drug tests in accordance with the manufacturer's standards for certification. Community supervision officers of the Department of Community Supervision or officials or employees of the Department of Corrections who are supervisors of any person covered under paragraphs (1) through (7) of subsection (a) of this Code section shall be authorized to perform preliminary urine screen drug tests in accordance with such procedure. Such procedure shall include instructions as to a confirmatory test by a clinical laboratory certified by the federal Centers for Medicare and Medicaid Services where necessary."

SECTION 4. Code Section 26-4-5 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Pharmacy Practice Act," is amended by revising paragraph (31) as follows:
"(31) 'Pharmacy care' means: (A) Those services related to the interpretation, evaluation, or dispensing of prescription drug orders, the participation in drug and device selection, drug administration, and drug regimen reviews, and the provision of patient counseling related thereto; and (B) Ordering and administering tests that have been cleared or approved for home use by the federal Food and Drug Administration and interpreting the results as a means to

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screen for or monitor disease, disease risk factors, or drug use and to facilitate patient education. A pharmacist conducting such a test shall do so at a pharmacy or other facility that has obtained any necessary certification from or that is operating under a certificate of waiver from the federal Centers for Medicare and Medicaid Services pursuant to the federal Clinical Laboratory Improvement Amendments of 1998."

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

Approved May 5, 2021.

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HIGHWAYS, BRIDGES, AND FERRIES MOTOR VEHICLES AND TRAFFIC GEORGIA FREIGHT RAILROAD PROGRAM; FINANCING AND LETTING OF PROJECTS; APPROPRIATION OF PROCEEDS OF HIGHWAY IMPACT FEES ON HEAVY VEHICLES; APPROPRIATION OF PROCEEDS OF TAX ON FUEL FOR CONTRACT OR COMMON CARRIERS USED IN LOCOMOTIVES; APPROPRIATION OF PROCEEDS OF CERTAIN TAXES BY INNKEEPERS.

No. 224 (House Bill No. 588).

AN ACT

To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for eligible expenditures for the Georgia Freight Railroad Program of the Georgia Department of Transportation; to provide for procedures, conditions, and limitations for financing and letting of projects; to provide for definitions; to provide for procedures, conditions, approval, and limitations upon an alternative contracting method to be used for certain projects; to amend Code Section 40-2-151.1 of the Official Code of Georgia Annotated, relating to highway impact fees for heavy vehicles and use of funds, so as to provide for intended appropriation of highway impact fees, certification, and automatic repeal; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the intended appropriation of the proceeds of the state sales and use tax on sales of fuel to a contract or common carrier regulated by the United States Surface Transportation Board for use exclusively in the operation of locomotives by such carrier; to provide for a definition; to provide for certification and automatic repeal; to provide for an annual audit and report; to provide for intended appropriation of taxes imposed by innkeepers, certification, and automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended in Code Section 32-2-41.3, relating to the Georgia Freight Railroad Program, definition, eligible projects, reporting, and funding, by revising subsection (f) as follows:
"(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. Such substantial public benefit must constitute a benefit accrued to the public in the form of enhanced public safety, enhanced mobility of goods, congestion mitigation, enhanced trade and economic development, improved air quality or land use, reduction of public expenditures due to improved transportation efficiency or infrastructure preservation, or other public benefits identified and approved by a majority of the board. Such public benefit shall also align with goals in the state-wide strategic transportation plan as defined in Code Section 32-2-41.1 or the state's freight plan as defined in 49 U.S.C. 70202."

SECTION 2. Said title is further amended in Code Section 32-2-69, relating to bidding process and award of contract, by revising subsection (a) as follows:
"(a) Except as authorized by Code Sections 32-2-79, 32-2-80, and 32-2-82, 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."

SECTION 3. Said title is further amended by designating Code Sections 32-2-60 through 32-2-77 as new Part 1, designating Code Sections 32-2-78 through 32-2-82 as Part 2, and revising newly designated Part 2 to read as follows:

"Part 2

32-2-78. As used in this part, the term:
(1) 'Alternative contracting method' means a method of contracting authorized by Code Section 32-2-82. (2) 'Construction manager/general contractor' means a person the department has selected to perform project delivery pursuant to Code Section 32-2-82. (3) 'Participating local governing authority' includes the governing authority of any county or municipality whose geographical jurisdiction includes the project.

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(4) 'Project' means an undertaking, including intermodal rail-related and multimodal transportation solutions, which the department deems appropriate for pursuing or letting based upon the authority granted in this part."

32-2-79. At a minimum, the staff of the department shall jointly identify and report to the board by July 31 of each odd-numbered year those potential undertakings best suited for delivery under the procedures of Code Section 32-2-80 and that are expected to provide the greatest public benefit through enhanced public safety, enhanced mobility of goods, congestion mitigation, enhanced trade and economic development, improved air quality or land use, or reduction of public expenditures due to improved transportation efficiency or infrastructure preservation as aligned with the state-wide strategic transportation plan as defined in Code Section 32-2-41.1."

32-2-80. (a)(1) The department shall evaluate a potential project to determine, in the judgment of the department, appropriate or desirable levels of state, local, and private participation in financing such project. In making such determination, the department shall be authorized and encouraged to seek the advice and input of the affected local governing authorities, applicable metropolitan planning organizations, and the private financial and construction sectors. (2) No constitutional officer or member of the board shall serve as an agent, lobbyist, or board member for any entity directly or indirectly under contract with or negotiating a contract with the department under this Code section for one year after leaving his or her position as a constitutional officer or member of the board. (b)(1) For projects that are funded or financed in part or in whole by private sources, the department shall be authorized to issue a written request for proposal indicating in general terms the scope of the project, the proposed financial participations in the project, and the factors that will be used in evaluating the proposal and containing or incorporating by reference other applicable contractual terms and conditions, including any unique capabilities or qualifications that will be required of the contractor. Public notice of such request for proposal shall be made at least 90 days prior to the date set for receipt of proposals by posting the legal notice on a single website that shall be procured and maintained for such purposes by the Department of Administrative Services or in substantially the same manner utilized by the department to solicit requests for proposals. (2) For every project undertaken pursuant to this Code section, the department shall accept written public comment, solicited in the same manner as provided for in the request for proposal, for a period of 30 days beginning at least ten days after the public notice of the request for proposal is made pursuant to paragraph (1) of this subsection. In addition, the department shall hold at least one public hearing, which may be held by teleconference, not later than the conclusion of the period for public comment.

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(3) The department shall select two or more respondents deemed fully qualified, responsible, and suitable to engage for interview and discussion based upon responses on professional competence and ability to meet the level of private financial participation called for by the department. Multiple 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. During this 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. (4) Upon conclusion of discussions described in paragraph (3) of this subsection, the department shall rank respondents on the basis of the evaluation criteria set forth in the request for proposal. The department shall select in the order of preference two or more respondents whose qualifications and proposed services are deemed most meritorious and shall conduct negotiations with those respondents. Negotiations conducted under this paragraph can include, but are not limited to, one-on-one meetings or requests for proposals. (5) 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. (6) 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 more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that respondent after the respondent is determined to be responsible. (c) Nothing in this Code section shall require the department to continue negotiations or discussions arising out of any request for proposal. (d) The department shall be authorized to promulgate reasonable rules or regulations to assist in proposal evaluations and to implement the purposes of this Code section. The department shall report the content of such rules or regulations to the Transportation Committees of the Senate and House of Representatives for their approval by majority vote prior to the promulgation thereof and shall make quarterly reports to the same chairpersons of all of its activities undertaken pursuant to the provisions of this Code section. (e) Any contracts entered into pursuant to this Code section may authorize funding to include tolls, fares, or other user fees and tax increments for use of the project that is the subject of the proposal. Such funding may be distributed by contract among the

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participants in the project as may be provided for by contract. The department may take any action to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this Code section and may enter into any contracts required to receive such assistance. The department may determine that it serves the public purpose of this Code section for all or any portion of the costs of a qualifying project to be paid, directly or indirectly, from the proceeds of a grant or loan made by the federal, state, or local government or any instrumentality thereof. The department may agree to make grants or loans to the operator from time to time from amounts received from the federal, state, or local government or any agency or instrumentality thereof. (f) The commissioner shall be authorized to delegate such duties and responsibilities under this Code section as he or she deems appropriate from time to time; provided, however, that the final approval of contracts provided for in this Code section shall be by action of the board. (g) The power of eminent domain shall not be delegated to any private entity with respect to any project commenced or proposed pursuant to this Code section. (h) Any contract entered into pursuant to this Code section shall require the private partner or each of its prime contractors to provide performance and payment security. Notwithstanding any other provision of law, the penal sum or amount of such security may be less than the price of the contract involved, such as the value of the construction elements of the contract, based upon the department's determination on a project-by-project basis of what sum may be required to adequately protect the department, the state, and the contracting and subcontracting parties.

32-2-81. (a) As used in this Code section, the term 'design-build procedure' means a method of contracting under which the department contracts with another party for the party to both design and build the structures, facilities, systems, and other items specified in the contract. (b) The department may use the design-build procedure for projects that include buildings, bridges and approaches, rail corridors, technology deployments, and limited or controlled access projects or projects that may be constructed within existing rights of way where the scope of work can be clearly defined or when a significant savings in project delivery time can be attained. (c) When the department determines that it is in the best interests of the public, the department may combine any or all of the environmental services, utility relocation services, right of way services, design services, and construction phases of a public road or other transportation purpose project into a single contract using a design-build procedure. Design-build contracts may be advertised and awarded notwithstanding the requirements of paragraph (1) of subsection (d) of Code Section 32-2-61; provided, however, that construction activities shall not begin on any portion of such projects until title to the necessary rights of way and easements for the construction of that portion of the

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project has vested in the state or a local governmental entity and all railroad crossing and utility agreements have been executed. (d) The department shall adopt by rule procedures for administering design-build contracts. Such procedures shall include, but not be limited to:
(1) Prequalification requirements; (2) Public advertisement procedures; (3) Request for qualification requirements; (4) Request for proposal requirements; (5) Criteria for evaluating technical information and project costs; (6) Criteria for selection and award process, provided that the rules shall specify that the criteria for selection shall consist of the following minimum two components for any two-step procurement process:
(A) A statement of qualifications from which the department will determine a list of qualified firms for the project, provided that, if the department determines it is in the state's best interest, it may omit this requirement and move directly to a one-step procurement process through the issuance of a request for proposal from which the department may select the lowest qualified bidder; and (B) From the list of qualified firms as provided in subparagraph (A) of this paragraph, a technical proposal and a price proposal from each firm from which the department shall select the lowest qualified bidder or, in the event the department uses the best value procurement process, the request for proposal shall specify the requirements necessary for the selection of the best value proposer which shall include, at a minimum, a weighted cost component and a technical component. A proposal shall only be considered nonresponsive if it does not contain all the information and level of detail requested in the request for proposal. A proposal shall not be deemed to be nonresponsive solely on the basis of minor irregularities in the proposal that do not directly affect the ability to fairly evaluate the merits of the proposal. Notwithstanding the requirements of Code Section 36-91-21, under no circumstances shall the department use a 'best and final offer' standard in awarding a contract in order to induce one proposer to bid against an offer of another proposer. The department may provide for a stipulated fee to be awarded to the short list of qualified proposers who provide a responsive, successful proposal. In consideration for paying the stipulated fee, the department may use any ideas or information contained in the proposals in connection with the contract awarded for the project, or in connection with a subsequent procurement, without obligation to pay any additional compensation to the unsuccessful proposers; (7) Identification of those projects that the department believes are candidates for design-build contracting; and (8) Criteria for resolution of contract issues. The department may adopt a method for resolving issues and disputes through negotiations at the project level by the program manager up to and including a dispute review board procedure with final review by the

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commissioner or his or her designee. Regardless of the status or disposition of the issue or dispute, the design-builder and the department shall continue to perform their contractual responsibilities. The department shall have the authority to suspend or provide for the suspension of Section 108 of the department's standard specifications pending final resolution of such contract issues and disputes. This paragraph shall not prevent an aggrieved party from seeking judicial review. (e) In contracting for design-build projects, the department shall be limited to contracting for no more than 50 percent of the total amount of construction projects awarded in the previous fiscal year. (f) Not later than 90 days after the end of the fiscal year, the department shall provide to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairpersons of the House and Senate Transportation Committees a summary containing all the projects awarded during the fiscal year using the design-build contracting method. Included in the report shall be an explanation for projects awarded to other than the low-bid proposal. This report shall be made available for public information.

32-2-82. (a) The department shall be authorized to utilize an alternative contracting method for project delivery that includes one of the following:
(1) An agreement in which a construction manager/general contractor performs two phases of work as follows:
(A) The first phase, in which the construction manager/general contractor performs in the capacity of a construction manager, consisting of preconstruction services for a project which may be paid in lump sum, cost-plus fixed fee, cost per unit of work, specific rates of compensation, or other comparable payment method permitted by law; and (B) The second phase, in which the construction manager/general contractor performs in the capacity of a general contractor, consisting of construction services for a project that may be performed under the same contract as that of the first phase, subject to agreement by the department as to the terms for payment for such services and using any method of payment permitted by law; provided that the construction manager/general contractor self-performs at least 30 percent of the total original price for construction work on the project; (2) A predevelopment agreement, pursuant to which one or more contractors collaborate with the department on one or more projects: (A) For the conceptual, preliminary, and final planning for such projects, which may include predevelopment services, financial planning, environmental studies, engineering, and assistance with public outreach; and (B) To perform, at the department's election, the construction work for any such project, subject to agreement as to the basis of payment for construction services; or

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(3) A comprehensive development agreement that allows for expedited project delivery through the concurrent design and construction of a project under a single multiphase contract, pursuant to which a contractor shall:
(A) Collaborate with the department to advance development of the project concept; (B) Perform both the design and construction services; and (C) Perform any operations or maintenance work required for the project. (b) The department shall consider at least the following factors in assessing a project's suitability and feasibility for delivery through an alternative contracting method: public interest, innovation, risk, design complexity, cost control, and construction schedule optimization. (c) When the department determines, in accordance with subsection (b) of this Code section, that the public interest is best served by delivering the project utilizing an alternative contracting method, the department shall submit to the board a written request to proceed in delivering a project using an alternative contracting method. The department shall not proceed with the project using an alternative contracting method without prior approval by the board. (d) Upon approval of a request pursuant to subsection (c) of this Code section, the department shall be authorized to issue a written solicitation identifying the scope of the project, the factors to be used to evaluate responses to the solicitation, and the basis for award of the contract to perform work on the project utilizing an alternative contracting method. (e) For any project for which an alternative contracting method is elected, the department shall utilize the procurement procedures under either Code Section 32-2-80 or 32-2-81 to competitively solicit proposals. (f) The department shall be authorized to utilize the alternative contracting method to deliver no more than two projects during any single fiscal year and no more than seven projects over a single ten-year period. Solely as it relates to a project delivered using an alternative contracting method under this Code section, the department shall not encumber in any one fiscal year an amount greater than 5 percent of the department's capital budget in the previous fiscal year. (g) Not later than 90 days after the end of a fiscal year in which the department has executed a contract to deliver a project using an alternative contracting method, the department shall provide to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairpersons of the House and Senate Transportation Committees a summary containing all contracts that utilized an alternative contracting method. This report shall be made available to the public. (h) The department shall adopt rules and regulations to implement the provisions of this Code section. (i) Not later than five years after the effective date of this Code section and then once every five years thereafter, the department shall submit a report to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and the members of the House and

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Senate Transportation Committees detailing all contracts executed to deliver a project using an alternative contracting method and the benefits of using an alternative contracting method compared with other contracting methods for review and consideration as to the effectiveness of this Code section and any necessary amendments."

SECTION 4. Said title is further amended in Code Section 32-10-60, relating to definitions relative to the State Road and Tollway Authority, by revising paragraph (5) as follows:
"(5) 'Project' means transportation related undertakings which provide a public benefit, including:
(A) One or more roads or bridges or a system of roads, bridges, and tunnels or improvements thereto included on an approved state-wide transportation improvement program on the Developmental Highway System as set forth in Code Section 32-4-22, as now or hereafter amended, or a comprehensive transportation plan pursuant to Code Section 32-2-3 or which are toll access roads, bridges, or tunnels, with access limited or unlimited as determined by the authority, and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including but not limited to approaches, cross streets, roads, bridges, tunnels, and avenues of access for such system; (B) Any program for mass transportation or mass transportation facilities as approved by the authority and the department and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including, but not limited to, approaches, cross streets, roads, bridges, tunnels, and avenues of access for such facilities; and (C) Any project undertaken pursuant to Part 2 of Article 4 of Chapter 2 of this title."

SECTION 5. Said title is further amended in Code Section 32-10-63, relating to powers of authority generally, by revising paragraph (5) as follows:
"(5) To make such contracts, leases, or conveyances as the legitimate and necessary purposes of this article shall require, including but not limited to contracts for construction or maintenance of projects, provided that the authority shall consider the possible economic, social, and environmental effects of each project, and the authority shall assure that possible adverse economic, social, and environmental effects relating to any proposed project have been fully considered in developing such project and that the final decision on the project is made in the best overall public interest, taking into consideration the need for fast, safe, and efficient transportation, public services, and the cost of eliminating or minimizing adverse economic, social, and environmental effects. Furthermore, in order to assure that adequate consideration is given to economic, social, and environmental effects of any project under consideration, the authority shall:
(A) Follow the processes required for federal-aid highway projects, as determined by the National Environmental Policy Act of 1969, as amended, except that final approval

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of the adequacy of such consideration shall rest with the Governor, as provided in subparagraph (C) of this paragraph, acting as the chief executive of the state, upon recommendation of the commissioner, acting as chief administrative officer of the Department of Transportation; (B) In the location and design of any project, avoid the taking of or disruption of existing public parkland or public recreation areas unless there are no prudent or feasible project location alternates. The determination of prudency and feasibility shall be the responsibility of the authority as part of the consideration of the overall public interest; (C) Not approve and proceed with acquisition of rights of way and construction of a project until: (i) there has been held, or there has been offered an opportunity to hold, a public hearing or public hearings on such project in compliance with requirements of the Federal-aid Highway Act of 1970, as amended, except that neither acquisition of right of way nor construction shall be required to cease on any federal-aid project which has received federal approval pursuant to the National Environmental Policy Act of 1969, as amended, and is subsequently determined to be eligible for construction as an authority project utilizing, in whole or in part, a mix of federal funds and authority funds; and (ii) the adequacy of environmental considerations has been approved by the Governor, for which said approval of the environmental considerations may come in the form of the Governor's acceptance of a federally approved environmental document; and (D) Let by public competitive bid upon plans and specifications approved by the chief engineer or his or her successors all contracts for the construction of projects, except as otherwise provided for projects authorized under any provisions of Part 2 of Article 4 of Chapter 2 of this title;"

SECTION 6. Code Section 40-2-151.1 of the Official Code of Georgia Annotated, relating to highway impact fees for heavy vehicles and use of funds, is amended by adding a new subsection to read as follows:
"(e) Notwithstanding subsection (d) of this Code section or any other law to the contrary, if at any time the amount collected under this Code section is ever not appropriated for two consecutive or nonconsecutive fiscal years to transportation purposes with up to 10 percent of such fees collected appropriated for transit projects, as determined 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 third 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 7. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section to read as follows:
"48-8-78. (a) For purposes of this Code section, the term 'freight and logistics projects' means any project for capital construction and maintenance on freight rail assets owned or leased by a common carrier regulated by the United States Surface Transportation Board and found to be an expenditure of ample consideration for a substantial public benefit pursuant to subsection (f) of Code Section 32-2-41.3. (b) It is the intention of the General Assembly, subject to appropriations, that the funds collected under this article upon the retail purchase, retail sale, rental, storage, use, or consumption of fuel to a contract or common carrier regulated by the United States Surface Transportation Board for use exclusively in the operation of locomotives by such carrier shall be appropriated to the Department of Transportation for use exclusively on freight and logistics projects located on or connected to publicly owned roads. Such appropriation shall be allocated for freight and logistics projects based upon a formula developed by the commissioner of transportation which shall include consideration of total track miles operated within the state by a common carrier and any other factors as determined appropriate by the commissioner. (c) If at any time the funds collected as described in subsection (b) of this Code section are ever not appropriated for two consecutive or nonconsecutive fiscal years to freight and logistics projects, as determined by the House Budget and Research Office and the Senate Budget and Evaluation Office, then the tax levied and imposed upon the retail purchase, retail sale, storage, use, or consumption of fuel to a contract or common carrier regulated by the United States Surface Transportation Board for the exclusive use in the operation of locomotives shall be reduced by 50 percent. Upon the conclusion of a third fiscal year in which an amount is not so appropriated, this Code section shall stand repealed and reserved and such sales and use tax 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. (d) The Department of Transportation shall prepare, by February 1 of each year, an accounting of the funds received pursuant to this Code section and expended. The report shall be made available to the Senate Transportation Committee, the House Committee on Transportation, and to members of the public upon request."

SECTION 8. Said title is further amended in 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, by adding a new subsection to read as follows:

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"(f) Notwithstanding subsection (e) of this Code section or any other law to the contrary, if at any time the amount collected under this Code section is ever not appropriated for two consecutive or nonconsecutive fiscal years to transportation purposes with up to 10 percent of such fees collected appropriated for transit projects, as determined 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 third 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."

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

Approved May 5, 2021.

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PUBLIC OFFICERS AND EMPLOYEES PROVIDE FOR PAID PARENTAL LEAVE FOR CERTAIN STATE EMPLOYEES AND LOCAL BOARD OF EDUCATION EMPLOYEES.

No. 225 (House Bill No. 146).

AN ACT

To amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding personnel administration, so as to provide for paid parental leave for eligible state employees and eligible local board of education employees; to provide for definitions; to provide for eligibility; to provide for terms and conditions; to provide for certain prohibitions; to provide for rules; 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 20 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding personnel administration, is amended by revising Code Section 45-20-17, which was previously reserved, as follows:

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"45-20-17. (a) As used in this Code section, the term:
(1) 'Eligible employee' means: (A) Any individual identified in subparagraph (A), (E), (F), (G), or (L) of paragraph (2) of Code Section 45-18-1 who is classified as full-time by the applicable state employing entity; or (B) Any individual identified in paragraph (4) of Code Section 20-2-880 or paragraph (3) of Code Section 20-2-910 who is classified as full-time by the applicable local board of education.
(2) 'Employing entity' means: (A) The executive, legislative, or judicial branch of state government; or (B) A local board of education.
(3) 'Qualifying life event' means: (A) The birth of a child of an eligible employee; (B) The placement of a minor child for adoption with an eligible employee; or (C) The placement of a minor child for foster care with an eligible employee.
(b) All eligible employees of an employing entity shall be eligible for paid parental leave for qualifying life events after six continuous months of employment with the employing entity regardless of whether the employee is eligible for paid or unpaid leave under federal law. Such paid parental leave shall be equally available to all eligible employees. (c) The maximum amount of paid parental leave that may be taken by an eligible employee during a rolling 12 month period is 120 hours, regardless of the number of qualifying life events that occur within such period. The rolling 12 month period shall be measured backward from the date an eligible employee first uses parental leave. Such leave may be used as needed and may be taken in increments of less than eight hours. Any such leave that remains 12 months after the qualifying life event shall not carry over for future use. (d) Unused paid parental leave shall have no cash value at the time of the eligible employee's separation from employment with the employing entity. (e) Each employing entity shall promulgate rules for the administration of paid parental leave under this Code section for eligible employees which are not in conflict with this Code section; provided, however, that the State Personnel Board shall promulgate such rules for any employing entity that is considered a department or agency as such terms are synonymously defined in paragraph (6) of Code Section 45-20-2. At a minimum, such rules of the employing entity shall address:
(1) Whether paid parental leave under this Code section shall run concurrently with any leave provided under federal law; and (2) The documentation, if any, that an eligible employee shall be required to provide to establish the existence of a qualifying life event. (f) To implement paid parental leave under this Code section, the State Accounting Office shall make any and all necessary adjustments to its current and any future human capital management software, websites, and platforms used by participating employing entities to

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ensure that paid parental leave appears as a new benefit leave category not later than the effective date of this Code section. (g) An eligible employee employed on an hourly basis shall be eligible for paid parental leave under this Code section if he or she has worked a minimum of 700 hours over the six-month period immediately preceding the requested paid parental leave date. (h) Provided that the use of paid parental leave is not likely to unduly disrupt the employing entity's operations, no employing entity shall interfere with, restrain, or deny the exercise of or the attempt to exercise the provisions of this Code section by any eligible employee. No employing entity shall discharge or in any other manner discriminate or retaliate against any eligible employee for lawfully exercising the provisions of this Code section. Notwithstanding any other provision of this Code section, nothing shall prevent an employing entity from taking an adverse employment action against an eligible employee who submits a false or fraudulent document or otherwise provides false or fraudulent information in an attempt to obtain paid parental leave under this Code section."

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

Approved May 5, 2021.

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ALCOHOLIC BEVERAGES SALE AND TRANSFER OF CERTAIN BEVERAGES; SALE BY DISTILLERS AND BREWERS.

No. 226 (House Bill No. 273).

AN ACT

To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to regulate the sale and transfer of certain alcoholic beverages; to provide for limited retail sales of distilled spirits by distillers under certain terms and conditions; to provide for definitions; to provide for transfers of liquids from licensed premises of distillers; to provide for the promulgation of rules and regulations; to provide for regulation of the manufacture, distribution, and sale of malt beverages; to provide for the transfer of a limited quantity of malt beverages by brewers that may be sold at retail or at wholesale subject to certain conditions; to provide for definitions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by repealing and enacting a new Code Section 3-4-24.2, relating to the three-tier system of distribution and sale of distilled spirits, Sunday sales, regulatory authority, and conditions or limitations, to read as follows:
"3-4-24.2. (a) As used in this Code section, the term:
(1) 'Licensed premises' means the physical premises where a distiller is licensed by the state as a manufacturer of distilled spirits. (2) 'On-site production volume' means the volume of distilled spirits produced by distillation through one or more stills located at a licensed premises as part of a distiller's process of engaging in the material and essential aspects of manufacturing such distilled spirits for human consumption. (b) A limited exception to the provisions of this title providing a three-tier system for the distribution and sale of distilled spirits shall exist to the extent that the license to manufacture distilled spirits in this state shall include the right of a licensed distiller to sell up to 750 barrels of distilled spirits per calendar year to individuals on such distiller's licensed premises for personal use and not for resale, subject to the following terms and conditions: (1) Such retail sales of distilled spirits shall only be made to an individual who is physically on such distiller's licensed premises and is of the age required by Code Section 3-3-23; (2) A maximum of three of such distiller's licensed premises shall be permitted to make such retail sales. If such distiller has more than one licensed premises, such distiller shall annually designate the specific licensed premises, up to a maximum of three, from which such distiller has elected to exercise its limited right to sell distilled spirits pursuant to this subsection and shall provide notification of such designation to the department for each calendar year; (3) Such retail sales made for consumption on the premises shall not be subject to a daily maximum amount; (4) Such retail sales made for consumption off the premises shall not exceed a maximum of 4,500 milliliters of distilled spirits per individual per day; (5) Such distiller shall only make such retail sales of distilled spirits that such distiller has distilled, rectified, blended, aged, or bottled at one or more of its licensed premises; (6) Such distiller shall only make such retail sales of distilled spirits for which such distiller is the sole owner of the brand and brand label; (7) Beginning on April 1, 2022, and continuing thereafter, such distiller shall only make such retail sales of distilled spirits at a licensed premises at which such distiller reports on-site production volume, unless such licensed premises:

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(A) Operates under the same federal distilled spirits permit of a licensed premises of such distiller at which such distiller reports on-site production volume; (B) Is designated under paragraph (2) of this subsection as one of such distiller's licensed premises for retail sales; (C) Is used for aging distilled spirits transferred from such distiller's on-site production volume in wooden containers for a period exceeding one year at such licensed premises; provided, however, that such licensed premises may also be used for aging distilled spirits transferred to such licensed premises as permitted under subsection (d) of this Code section; and (D) Has physically located at such licensed premises at all times during such calendar year not less than 500 barrels of distilled spirits owned by such distiller that are being aged in wooden containers; and (8) Beginning on April 1, 2022, and continuing thereafter, the maximum volume of distilled spirits that such distiller may sell from each specific licensed premises permitted to make such retail sales under this subsection during any calendar quarter shall be limited as follows: (A) From a licensed premises at which such distiller reports on-site production volume, the maximum volume shall be the on-site production volume at such licensed premises during such calendar quarter; and (B) From a licensed premises that meets all of the qualifications described in subparagraphs (A) through (D) of paragraph (7) of this subsection, the maximum volume shall be the difference between:
(i) The total aggregate on-site production volume of such distiller in this state among all of such distiller's licensed premises during such calendar quarter; and (ii) The total aggregate retail sales made by such distiller under this subsection at all other licensed premises at which such distiller makes retail sales under this subsection during such calendar quarter. (c) Each distiller shall file a report with the department every calendar quarter documenting all retail sales made under subsection (b) of this Code section and the on-site production volume of such distiller at each licensed premises in such manner and on such forms as designated by the department. (d) Nothing in this Code section shall prohibit a distiller from transferring any liquid, regardless of whether such liquid would be deemed to be a finished product of distilled spirits or was distilled by such distiller, to or from any of such distiller's licensed premises or from selling such transferred liquid to individuals present at such distiller's licensed premises, subject to the terms and limitations of subsection (b) of this Code section. (e) A distiller may sell distilled spirits pursuant to subsection (b) of this Code section on all days and at all times that sales of distilled spirits by retailers and retail consumption dealers are lawful within the county or municipality in which the licensed premises of such distiller is located, including, but not limited to, Sundays.

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(f) A distiller shall not sell any distilled spirits for consumption off the premises pursuant to subsection (b) of this Code section at a price less than the price at which a person licensed to sell distilled spirits by the package is permitted to sell distilled spirits pursuant to subsection (b) of Code Section 3-4-26. (g) Any distiller engaging in sales of distilled spirits pursuant to subsection (b) of this Code section shall remit all state and local sales, use, and excise taxes to the proper tax collecting authority. (h) 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. (i) Upon a violation by a distiller of any provision of this Code section or this title or any rule or regulation promulgated thereunder, the commissioner shall have the power to place conditions or limitations on such distiller's license and to modify or amend such conditions or limitations."

SECTION 2. Said title is further amended by revising Code Section 3-5-24.1, relating to exception to three-tier system, taxing, regulatory authority, and conditions or limitations, as follows:
"3-5-24.1. (a) As used in this Code section, the term:
(1) 'Common ownership' means the same 100 percent common ownership interest including, but not limited to, ownership of the stock, limited liability company membership interest, limited liability partnership interest, other entity interest, or partnership interest, in whatever form such ownership interest may exist. (2) 'Licensed premises' means the physical premises where brewer is licensed by the state as a manufacturer of malt beverages. (3) 'Produces' means engaging in the material and essential aspects of the brewing process to manufacture malt beverage for human consumption; provided, however, when a brewer engages in the brewing process at multiple licensed premises, the malt beverage will be deemed to have been produced only at the licensed premises where such malt beverage first began fermentation through the chemical conversion of fermentable sugars into alcohol. (b) A limited exception to the provisions of this title providing a three-tier system for the distribution and sale of malt beverages shall exist to the extent that the license to manufacture malt beverages in this state shall include the right to sell malt beverages to individuals on the brewer's licensed premises for personal use and not for resale, subject to the following terms and conditions: (1) The brewer may only make sales of malt beverages to an individual while the individual is physically on the brewer's licensed premises where the brewer produces malt beverages; (2) The brewer may make sales of malt beverages the brewer produces at the brewer's licensed premises where the individual is purchasing the malt beverages;

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(3) As long as the brewer and all of the brewer's licensed premises are under common ownership, the brewer may make sales of malt beverages the brewer produces at any licensed premises of the brewer and subsequently transfers in compliance with the limitations and reporting obligations of subsection (c) of this Code section to the brewer's licensed premises for sale where the individual is purchasing the malt beverages; (4) The brewer may only make sales of malt beverages for which the brewer is the sole owner of the brand and brand label; (5) Sales for consumption on the premises are not subject to a daily maximum amount; (6) Sales for consumption off the premises shall not exceed a maximum of 288 ounces of malt beverages per individual per day; and (7) The maximum amount of malt beverages the brewer may sell pursuant to subsection (b) of this Code section in each calendar year shall be 6,000 barrels in the aggregate among all brewer's licensed premises making such sales. (c) Nothing in this Code section shall be interpreted to prohibit a brewer from transferring any liquid, regardless of whether such liquid would be deemed to be malt beverages or not, to or from any of the brewer's licensed premises; provided, however, with respect to any malt beverages a brewer produces at one of the brewer's licensed premises and transfers to be sold to individuals pursuant to subsection (b) of this Code section at another of the brewer's licensed premises, the maximum number of barrels of malt beverages permitted to be transferred from one licensed premises of the brewer to another licensed premises of the brewer shall not exceed the number of barrels of malt beverages the brewer produces under brands and brand labels for which the brewer is the sole owner at the licensed premises receiving the transferred malt beverages and the brewer shall file a report with the department every calendar quarter documenting all such transfers in such form as the department shall require. (d) A brewer may sell malt beverages pursuant to subsection (b) of this Code section on all days and at all times that sales of malt beverages by retailers are lawful within the county or municipality in which the licensed premises of the brewer is located, including, but not limited to, Sundays. (e) Any brewer engaging in sales of malt beverages pursuant to subsection (a) of this Code section shall remit all state and local sales, use, and excise taxes to the proper tax collecting authority. (f) 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. (g) Upon a violation by a brewer of any provision of this Code section or this title or any rule or regulation promulgated thereunder, the commissioner shall have the power to place conditions or limitations on such brewer's license and to modify or amend such conditions or limitations."

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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 May 5, 2021.

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ALCOHOLIC BEVERAGES ALLOW CERTAIN FOOD SERVICE ESTABLISHMENTS TO SELL MIXED DRINKS FOR OFF-PREMISES CONSUMPTION UNDER CERTAIN CONDITIONS.

No. 227 (Senate Bill No. 236).

AN ACT

To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to allow food service establishments licensed to sell distilled spirits for consumption on the premises to sell mixed drinks for off-premises consumption in approved containers under certain conditions; to provide for definitions; to provide for the Commissioner of Revenue to promulgate certain 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. 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:
"3-3-11. (a) For purposes of this Code section, the term:
(1) 'Approved container' means a tamper evident container that: (A) Does not contain openings or straw holes; (B) Is sealed in a manner that is visibly apparent if the container has been subsequently opened or tampered with; and (C) Has an affixed label or marking that identifies the licensee that prepared and sold the mixed drink.

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(2) 'Curbside pick-up' means when a licensee furnishes purchased goods to a customer's vehicle within a clearly designated pick-up area located within a paved parking area adjacent to the licensed premises. (3) 'Food service establishment' means any establishment holding a valid food service permit from its respective county health department. (4) 'Mixed drink' means a beverage prepared by combining distilled spirits with nonalcoholic liquid or liquids and that:
(A) Is prepared on the day of sale by an employee of the licensee; (B) Contains no more than 3 ounces of distilled spirits; and (C) Is sealed in an approved container. (b) Notwithstanding any other contrary provision of law and unless otherwise prohibited by local ordinance or resolution, any food service establishment which is licensed to sell distilled spirits for consumption on the premises may sell mixed drinks for off-premises consumption in approved containers, provided that such mixed drinks are: (1) Sold to an individual 21 years of age or older who shall be limited to two mixed drinks per entree ordered; (2) Accompanied by a food order and a sales receipt with a time stamp that indicates the date and time of such purchases; (3) Sold for personal use and not for resale and picked up in person by the same individual customer to whom the mixed drinks and entrees were sold and from whom the food service establishment received payment; provided, however, that such individual customer shall not include a delivery service or third-party agent; and (4) Furnished with the accompanying food order to the customer on the premises or by way of curbside pick-up. (c) If transported in a motor vehicle, the customer shall place the mixed drink in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk. (d) Sales of mixed drinks for off-premises consumption shall be taxed in accordance with Code Sections 3-4-130 through 3-4-133. (e) The commissioner shall promulgate and enforce such rules and regulations as he or she may deem reasonable and necessary to effectuate the provisions of this Code section."

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

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

Approved May 5, 2021.

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EDUCATION POSTSECONDARY EDUCATIONAL INSTITUTIONS; STUDENT ATHLETES PARTICIPATING IN INTERCOLLEGIATE ATHLETICS; COMPENSATION UNDER CERTAIN CIRCUMSTANCES.

No. 228 (House Bill No. 617).

AN ACT

To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide that student athletes participating in intercollegiate athletic programs at postsecondary educational institutions may receive compensation for the use of the student athlete's name, image, or likeness; to provide for application to intercollegiate athletic associations; to allow for professional representation of such student athletes participating in intercollegiate athletics; to allow team contracts to provide for pooling arrangements subject to certain conditions; to provide for findings; to provide for definitions; to provide for contingent effectiveness; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by adding a new article to read as follows:

"ARTICLE 13

20-3-680. (a) The General Assembly finds that intercollegiate athletic programs provide student athletes with significant educational opportunities. However, participation in intercollegiate athletics should not infringe upon the rights of student athletes to have control over and profit from the commercial use of their name, image, or likeness. (b) As used in this article, the term:
(1) 'Intercollegiate athletic association' means any athletic association, athletic conference, or other similar organization which acts as an organizing, sanctioning, scheduling, or rule-making body for intercollegiate athletic events in which postsecondary educational institutions participate. (2) 'Postsecondary educational institution' means a school which is:
(A) A unit of the University System of Georgia; (B) A unit of the Technical College System of Georgia; or

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(C) An independent or private college or university located in Georgia and eligible to be deemed an 'approved school' pursuant to paragraph (2) of Code Section 20-3-411. (3) 'Student athlete' means a student enrolled at a postsecondary educational institution who participates in or is eligible to participate in any intercollegiate athletic program at such institution. A person who is permanently ineligible to participate in a particular intercollegiate athletic program is not a student athlete for the purposes of such athletic program. (4) 'Team contract' means any written agreement between a student athlete and a postsecondary educational institution, or a division, department, program, or team thereof, which includes goals and objectives, standards, prohibitions, rules, or expectations applicable to the student athlete.

20-3-681. (a) A student athlete at a postsecondary educational institution may earn compensation for the use of his or her name, image, or likeness. Such compensation must be commensurate with the market value of the authorized use of the student athlete's name, image, or likeness. Such compensation may not be provided in exchange, in whole or in part, for a current or prospective student athlete to attend, participate, or perform at a particular postsecondary educational institution. (b) A scholarship from the postsecondary educational institution in which a student athlete is enrolled that provides such student with all or part of the cost of attendance at such institution is not compensation for purposes of this article. (c) A student athlete's scholarship shall not be revoked, nor shall scholarship eligibility be adversely impacted, as a result of a student athlete earning compensation or obtaining representation as provided for in this article.
(d)(1) A student athlete shall not enter into a contract providing compensation to the student athlete for use of the student athlete's name, image, or likeness if a provision of such contract is in conflict with the student athlete's team contract. (2) A student athlete who enters into a contract providing compensation to the student athlete for use of the student athlete's name, image, or likeness shall disclose such contract to an official of the student athlete's postsecondary educational institution, to be designated by such institution. (3) A postsecondary educational institution asserting a conflict under paragraph (1) of this subsection shall disclose to the student athlete or the student athlete's representative the relevant provisions of the contract that are asserted to be in conflict.
(4)(A) A team contract entered into on or after the effective date of this article and required by a postsecondary educational institution, or a division, department, program, or team thereof, shall not include any provision which prevents or discourages a student athlete from receiving compensation for the use of his or her name, image, or likeness when the student is not engaged in official activities of the intercollegiate athletic

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program; provided, however, that such contract may provide for a pooling arrangement as provided for in subparagraph (B) of this paragraph. (B) Team contracts may provide for a pooling arrangement whereby student athletes who receive compensation for the use of their name, image, or likeness pursuant to this article agree to contribute a portion of the compensation they receive pursuant to such contract to a fund for the benefit of individuals previously enrolled as student athletes in the same postsecondary educational institution as such student athlete, provided that such pooling arrangement meets the following conditions:
(i) Student athletes shall not be required to contribute an amount equal to more than 75 percent of the compensation received for the use of their name, image, or likeness pursuant to this article; (ii) Each postsecondary educational institution shall establish only for the purposes of this paragraph an escrow account in any bank or lending institution subject to regulation by this state only; (iii) All contributions from student athletes who receive compensation for the use of their name, image, or likeness pursuant to this article shall be deposited in such escrow account by the athletic director of the postsecondary educational institution, or his or her designee; (iv) Upon graduation or withdrawal for at least 12 months from the postsecondary educational institution, individuals who were student athletes prior to such graduation or withdrawal, shall be eligible to receive a pro rata share of the pooled contributions based on the number of months the individual was a student athlete; and (v) The postsecondary educational institution shall provide for the implementation of the provisions of this paragraph in a manner that does not discriminate against or treat differently individuals based upon race, gender, or other personal status protected by federal or state law. (e) A postsecondary educational institution shall conduct a financial literacy and life skills workshop for a minimum of five hours at the beginning of the student athlete's first and third academic years. The workshop shall, at a minimum, include information concerning financial aid, debt management, and a recommended budget for student athletes based on the current academic year's cost of attendance. The workshop shall also include information on time management skills necessary for success as a student athlete and available academic resources. The workshop may not include any marketing, advertising, referral, or solicitation by providers of financial products or services. (f) A postsecondary educational institution, an entity whose purpose includes supporting or benefiting such institution or its intercollegiate athletic programs, or an officer, director, employee, or agent of such institution or entity shall not provide a current or prospective student athlete with compensation for the use of the student athlete's name, image, or likeness. (g) A postsecondary educational institution shall not adopt or maintain any policy, regulation, rule, standard, or other requirement that prevents a student athlete of such

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institution from earning compensation as a result of the use of such student's name, image, or likeness.
(h)(1) An intercollegiate athletic association shall not prevent a student athlete from receiving compensation, or penalize a student athlete for earning compensation, as a result of the student athlete earning compensation for the use of such student's name, image, or likeness. (2) An intercollegiate athletic association shall not prevent a postsecondary educational institution from participating in intercollegiate athletics, or otherwise penalize a postsecondary educational institution, as a result of a student athlete earning compensation for the use of such student's name, image, or likeness.

20-3-682. (a) A postsecondary educational institution or intercollegiate athletic association shall not prevent a student athlete from obtaining professional representation in relation to contracts or legal matters, including but not limited to representation provided by athlete agents, who shall be certified as provided for under Chapter 4A of Title 43, or legal representation provided by attorneys, who shall be licensed to practice law in the state. (b) Athlete agents representing student athletes shall comply with the federal Sports Agent Responsibility and Trust Act, established in 15 U.S.C. Section 7801, et seq., in their relationships with student athletes.

20-3-683. (a) The provisions of this article shall become effective on July 1, 2021, and shall remain in effect until the earlier of:
(1) The effective date of any federal law enacted after March 31, 2021, regulating the rights of student athletes to receive compensation for the use of their name, image, or likeness; (2) The effective date of any policy, rule, or regulation adopted after March 31, 2021, which allows student athletes to receive compensation for the use of their name, image, or likeness; or (3) June 30, 2025. (b) Upon the occurrence of one of the events provided for in subsection (a) of this Code section, this article shall be rendered null and without effect as a matter of law."

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

Approved May 6, 2021.

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EDUCATION HOPE SCHOLARSHIP; ELIGIBILITY REQUIREMENTS; WAIVER FOR CERTAIN STUDENTS WITH A DISABILITY.

No. 229 (Senate Bill No. 187).

AN ACT

To amend Code Section 20-3-519.2 of the Official Code of Georgia Annotated, relating to eligibility requirements for a HOPE scholarship, so as to establish a procedure for students with a disability as defined by the Americans with Disabilities Act to apply for a waiver from certain HOPE scholarship and grant eligibility requirements; to provide for responsibilities of the Georgia Student Finance Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 20-3-519.2 of the Official Code of Georgia Annotated, relating to eligibility requirements for a HOPE scholarship, is amended by revising subsection (d) as follows:
"(d) A student may receive the HOPE scholarship until the first of these events: (1) The student has earned a baccalaureate or first professional degree; (2) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours; or (3) For those students receiving a HOPE scholarship for the first time between July 1, 2011, and June 30, 2019, seven years from a student's graduation from high school or the equivalent thereof as determined by the Georgia Student Finance Commission in its rules and regulations; provided, however, that for a student who serves in the military during such seven-year period, any such active duty military service shall not count against the seven-year period nor constitute a failure to be enrolled. For those students receiving a HOPE scholarship for the first time on or after July 1, 2019, ten years from a student's graduation from high school or the equivalent thereof as determined by the Georgia Student Finance Commission in its rules and regulations; provided, however, that for a student who serves in the military during such ten-year period, any such active duty military service shall not count against the ten-year period nor constitute a failure to be enrolled. Any full-time or part-time student receiving a HOPE scholarship and enrolled in an eligible postsecondary institution after June 30, 2019, shall remain eligible for a HOPE scholarship pursuant to this paragraph, provided that such student meets all other eligibility requirements, including, but not limited to, those set forth in paragraphs (1) and (2) of this subsection. Students with a disability, as defined in the federal Americans with Disabilities Act, 42 U.S.C. Section 12102, which prevents or substantially inhibits full-time academic study, may apply to the Georgia Student Finance Commission for a

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limited waiver from the applicable year limit set forth in this paragraph and request additional time to complete the first to occur of the events set forth in paragraphs (1) and (2) of this subsection. Such application for a limited waiver shall be considered and determined by the Georgia Student Finance Commission in accordance with its rules and regulations."

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

Approved May 6, 2021.

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EDUCATION REVISE EXEMPTION FOR NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS OPERATING ON MILITARY INSTALLATIONS OR BASES; REVISE SURETY BOND REQUIREMENTS.

No. 230 (House Bill No. 152).

AN ACT

To amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to nonpublic postsecondary educational institutions, so as to revise provisions regarding the exemption applicable to certain institutions operating on military installations or bases; to provide for alternative review of renewal applications and alternative inspection of facilities; to provide for filing a surety bond in the event of a change of ownership of an institution; to provide for the remittal of surety bonds; 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. Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to nonpublic postsecondary educational institutions, is amended in Code Section 20-3-250.3, relating to educational institutions exempted from application of part, by revising paragraph (8) of subsection (a) as follows:
"(8) Nonpublic postsecondary educational institutions conducting postsecondary activity on campuses located on the premises of military installations or bases located in this state,

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unless the Department of Defense expressly requires the commission to inspect and authorize such institution;"

SECTION 2. Said part is further amended in Code Section 20-3-250.6, relating to minimum standards for educational institutions, by revising subsection (c) as follows:
"(c) Institutions otherwise exempt from certain provisions of this part under paragraphs (7), (10), (11), and (13) of subsection (a) of Code Section 20-3-250.3 shall be required to meet the standards of financial soundness and being capable of fulfilling commitments to students as provided in subparagraph (a)(1)(H) of this Code section, and, because of such requirement, each such institution shall provide the commission with audited financial statements as performed by an independent certified public accountant and at such times as the commission shall require. The commission may impose a fee to be paid by such institutions to offset the cost of receiving and reviewing such audited financial statements. Institutions otherwise exempt from certain provisions of this part under subsection (c) of Code Section 20-3-250.3 shall be required to submit annual financial reports to the commission when applying for annual renewal of exemption or authorization using the reporting format provided by the commission. In addition thereto, institutions otherwise exempt from certain provisions of this part under paragraph (10) of subsection (a) of Code Section 20-3-250.3 shall be subject to the requirements of Code Sections 20-3-250.8, 20-3-250.10, and 20-3-250.27. The reports to the Governor and to the General Assembly required by subsection (h) of Code Section 20-3-250.27 shall include a summary of the commission's findings from its review of audited financial statements required by this subsection."

SECTION 3. Said part is further amended in Code Section 20-3-250.8, relating to application to operate or conduct postsecondary activities, by revising subsection (c) as follows:
"(c) Following review of such application and any further information submitted by the applicant or required by the executive director, an inspection of the physical facility at which the institution will be operating, if located in this state, and such investigation of the applicant as the executive director may deem necessary or appropriate, the executive director shall either grant or deny authorization to operate to the applicant. The executive director shall have the sole discretion to determine whether the inspection of the physical facility shall be conducted on the site of the institution or through alternative methods, including, but not limited to, remote inspection conducted through use of electronic and audio-visual equipment. A grant of authorization to operate may be on such terms and conditions as the executive director may specify."

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SECTION 4. Said part is further amended in Code Section 20-3-250.10, relating to surety bonds, filing, amount, release of surety, and suspension upon release of surety, by revising subsections (a) and (b) as follows:
"(a) At the time an initial application or application for a branch facility is made for authorization to operate or in the event of a change of ownership as provided for in subsection (f) of Code Section 20-3-250.8, the executive director shall require the nonpublic postsecondary educational institution making such application to file with the executive director a good and sufficient surety bond in such sum as determined by subsection (b) of this Code section. Such bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state. The bond shall be conditioned to provide indemnification to the Tuition Guaranty Trust Fund established in Code Section 20-3-250.27 and to any student or enrollee or that person's parent or guardian or class thereof determined to have suffered loss or damage as a result of any act or practice which is a violation of this part or of rules and regulations promulgated pursuant thereto by such nonpublic postsecondary educational institution and that the bonding company shall pay any final, nonappealable judgment rendered by the commission or any court of this state having jurisdiction, upon receipt of written notification thereof. If a bond is in force at the time of an institutional closure, the surety shall be required to remit the full face value of the bond. Regardless of the number of years that such bond is in force, the aggregate liability of the surety thereon shall in no event exceed the penal sum of the bond. The bond may be continuous. (b) The minimum amount of the bond required by subsection (a) of this Code section shall be based on the gross tuition of the nonpublic postsecondary educational institution during the previous year or on the estimated gross tuition for the current year, whichever is larger, and shall be as follows:

Gross Tuition

Minimum Bond

$

0.00 -- $ 50,000.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000.00

50,001.00 -- 100,000.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30,000.00

100,001.00 -- 200,000.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50,000.00

200,001.00 -- 300,000.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

75,000.00

300,001.00 -- 400,000.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100,000.00

400,001.00 -- 500,000.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150,000.00

500,001.00 -- 1,000,000.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200,000.00

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1,000,001.00 -- 2,000,000.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300,000.00
2,000,001.00 and over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450,000.00 For situations where a nonpublic postsecondary educational institution is unable to secure a bond amount provided for by this subsection, a bank standby letter of credit secured from a federally insured financial institution shall be accepted pursuant to rules and regulations of the commission. Institutions with $1,000,001.00 or more in the previous year's gross tuition or estimated gross tuition, whichever is larger, that are authorized and bonded prior to July 1, 2021, shall not be subject to the $300,000.00 or the $450,000.00 bonding requirement unless a change of ownership occurs after July 1, 2021."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Approved May 6, 2021.
__________
COMMERCE AND TRADE FAIR BUSINESS PRACTICES; REQUIREMENTS FOR SOLICITATIONS OF SERVICES FOR CERTAIN CORPORATE FILINGS.
No. 231 (House Bill No. 153).
AN ACT
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," so as to provide for requirements for solicitations of services for corporate filings required by the Secretary of State; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the "Fair Business Practices Act of 1975," is amended by adding a new Code section to read as follows:
"10-1-393.16. (a) For purposes of this Code section, the term 'corporate filings' means any documents required by law to be filed with the Secretary of State pursuant to Title 14.

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(b) Any written solicitation for services relating to corporate filings shall include, in at least 16 point Helvetica font at the top of and at least two inches apart from any other text on such solicitation, the words:
'THIS IS A SOLICITATION. THIS IS NOT A BILL OR OFFICIAL GOVERNMENT DOCUMENT AND HAS NOT BEEN SENT BY THE GEORGIA SECRETARY OF STATE'S OFFICE.' No text on the solicitation shall be larger than the above required words. (c) Failure to comply with the provisions of this Code section shall be considered an unfair or deceptive act or practice which is unlawful and which shall be punishable by the provisions of this part."

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

Approved May 6, 2021.

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MOTOR VEHICLES AND TRAFFIC UPDATES THE REFERENCE DATES TO FEDERAL REGULATIONS REGARDING THE SAFE OPERATION OF MOTOR CARRIERS AND COMMERCIAL MOTOR VEHICLES.

No. 232 (House Bill No. 174).

AN ACT

To amend Code Section 40-1-8 of the Official Code of Georgia Annotated, relating to safe operations of motor carriers, commercial motor vehicles, and drivers, safe transportation of hazardous materials, and penalties, so as to update the reference date to federal regulations regarding the safe operation of motor carriers and commercial motor vehicles; 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. Code Section 40-1-8 of the Official Code of Georgia Annotated, relating to safe operations of motor carriers, commercial motor vehicles, and drivers, safe transportation of hazardous materials, and penalties, is amended by revising subsection (a) as follows:
"(a) As used in this Code section, the term: (1) 'Commissioner' means the commissioner of public safety. (2) 'Department' means the Department of Public Safety.

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(3) 'Present regulations' means the regulations promulgated under 49 C.F.R. in force and effect on January 1, 2021."

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

Approved May 6, 2021.

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CRIMINAL PROCEDURE REQUIREMENTS FOR AWARDS FROM GEORGIA CRIME VICTIMS EMERGENCY FUND TO MEDICAL SERVICE PROVIDERS.

No. 233 (House Bill No. 141).

AN ACT

To amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to provide for requirements for awards made from the Georgia Crime Victims Emergency Fund to medical service providers; 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 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, is amended in Code Section 17-15-8, relating to required findings, amount of award, rejection of claim, reductions, exemptions, effective date for awards, psychological counseling for relatives of deceased, and memorials for victims of DUI homicide, by adding a new subsection to read as follows:
"(b.1)(1) Payments made by the board to medical service providers for compensation for medical services shall be made in accordance with the list of usual, customary, and reasonable charges for medical services published by the State Board of Workers' Compensation as provided for in Code Section 34-9-205 unless an investigation of the charges by the board determines that there is a reasonable health care justification for the deviation from such list of usual, customary, and reasonable charges. (2) Payments made to and accepted by a medical provider shall be considered payment in full for the charges with respect to the board, victim, and claimant."

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SECTION 2. This Act shall become effective on July 1, 2022.

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

Approved May 6, 2021.

__________

REVENUE AND TAXATION SALES AND USE TAXES; EXEMPTS FROM TAXATION LOCAL AUTHORITIES PROVIDING PUBLIC WATER OR SEWER SERVICE.

No. 234 (House Bill No. 374).

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 exempt from taxation local authorities providing public water or sewer service; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by revising paragraph (1) of Code Section 48-8-3, relating to exemptions from state sales and use taxes, as follows:
"(1)(A) Sales to the United States government, this state, any county or municipality of this state, fire districts which have elected governing bodies and are supported by, in whole or in part, ad valorem taxes, or any bona fide department of such governments when paid for directly to the seller by warrant on appropriated government funds; or (B) Sales to any authority created by local law enacted by the General Assembly or local constitutional amendment, which authority provides public water or sewer service;"

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

Approved May 6, 2021.

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INSURANCE HEALTH INSURANCE; REQUIRES CERTAIN INSURERS TO MAKE AT LEAST ONE REASONABLY PRICED COMPREHENSIVE MAJOR MEDICAL POLICY AVAILABLE; CONDITIONAL.

No. 235 (House Bill No. 509).

AN ACT

To amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to group or blanket accident and sickness insurance, so as to require certain insurers to make at least one reasonably priced comprehensive major medical health insurance policy available to residents in this state without limitation or exclusion based on preexisting conditions; to condition such requirement on the repeal or judicial invalidation of certain provisions of the federal Patient Protection and Affordable Care Act; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to group or blanket accident and sickness insurance, is amended by adding a new Code section to read as follows:
"33-30-16. (a) As used in this Code section, the term:
(1) 'Operative date' means the date on which either of the following occurs: (A) A federal law is enacted which expressly repeals 42 U.S.C. Section 300gg-3 or 42 U.S.C. Section 300gg-4 of the PPACA; or (B) 42 U.S.C. Section 300gg-3 or 42 U.S.C. Section 300gg-4 of the PPACA is invalidated by the United States Supreme Court.
(2) 'PPACA' means the Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the Health Care and Education Reconciliation Act of 2010, Public Law 111-152. (3) 'Preexisting medical condition' means a condition that was present before the effective date of coverage under a policy, whether or not any medical advice, diagnosis, care, or treatment was recommended or received before the effective date of coverage. Such term includes a condition identified as a result of a preenrollment questionnaire or physical examination given to the individual or a review of medical records relating to the preenrollment period.

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(b)(1) Not later than 30 days after the operative date, and notwithstanding any other law to the contrary, every insurer issuing, delivering, or issuing for delivery comprehensive individual major medical health insurance policies in this state shall make at least one reasonably priced comprehensive major medical health insurance policy available to residents in the insurer's approved service areas of this state, and such insurer may not exclude, limit, deny, or delay coverage under such policy due to one or more preexisting medical conditions. (2) Such insurer may not limit or exclude benefits under such policy, including a denial of coverage applicable to an individual as a result of information relating to an individual's health status before the individual's effective date of coverage, or if coverage is denied, before the date of the denial. (c) The comprehensive major medical health insurance policy that the insurer is required to offer under this Code section shall be a policy that had been actively marketed in this state by the insurer as of the operative date and that was also actively marketed in this state during the year immediately preceding the operative date."

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

Approved May 6, 2021.

__________

PROPERTY LANDLORD AND TENANT; PROVIDE FOR LEASE TERMINATIONS FOR PERSONS PROTECTED BY CIVIL STALKING ORDERS AND CRIMINAL STALKING ORDERS.

No. 236 (Senate Bill No. 75).

AN ACT

To amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding landlord and tenant, so as to provide for lease terminations for persons protected by civil stalking orders and criminal stalking orders; to provide for definitions; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding landlord and tenant, is amended by revising Code Section 44-7-23, relating to termination of residential lease after issuance of civil family violence order or criminal family violence order, notice, and occupancy, as follows:
"44-7-23. (a) As used in this Code section, the term:
(1) 'Civil family violence order' means: (A) Any protective order issued pursuant to Article 1 of Chapter 13 of Title 19, provided that the respondent was present or had notice of the hearing that resulted in the issuance of such order; or (B) Any ex parte temporary protective order issued pursuant to Article 1 of Chapter 13 of Title 19, provided that such order is accompanied by a police report showing a basis for such order.
(2) 'Civil stalking order' means: (A) Any protective order issued pursuant to Code Section 16-5-94, provided that the respondent was present or had notice of the hearing that resulted in the issuance of such order; or (B) Any ex parte temporary protective order issued pursuant to Code Section 16-5-94, provided that such order is accompanied by a police report showing a basis for such order.
(3) 'Criminal family violence order' means: (A) Any order of pretrial release issued as a result of an arrest for an act of family violence; or (B) Any order for probation issued as a result of a conviction or plea of guilty, nolo contendere, or first offender to an act of family violence.
(4) 'Criminal stalking order' means: (A) Any order of pretrial release issued as a result of an arrest for an act of stalking under Article 7 of Chapter 5 of Title 16; or (B) Any order for probation issued as a result of a conviction or plea of guilty, nolo contendere, or first offender to an act of stalking under Article 7 of Chapter 5 of Title 16.
(b) A tenant may terminate his or her residential rental or lease agreement for real estate effective 30 days after providing the landlord with a written notice of termination when a civil family violence order, civil stalking order, criminal family violence order, or criminal stalking order has been issued:
(1) Protecting such tenant or his or her minor child; or (2) Protecting such tenant when he or she is a joint tenant, or his or her minor child, even when such protected tenant had no obligation to pay rent to the landlord.

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(c) The notice to the landlord pursuant to subsection (b) of this Code section shall be accompanied by a copy of the applicable civil family violence order, civil stalking order, criminal family violence order, or criminal stalking order and a copy of the police report if such order was an ex parte temporary protective order. (d) Upon termination of a residential rental or lease agreement under this Code section, the tenant may occupy the real estate until the termination is effective. Such tenant shall be liable for the rent due under such agreement prorated to the effective date of the termination, payable at such time as would have otherwise been required by the terms of such agreement, and for any delinquent or unpaid rent or other sums owed to the landlord prior to the termination of such agreement. The tenant shall not be liable for any other fees, rent, or damages due to the early termination of the tenancy as provided for in this Code section. Notwithstanding any provision of law to the contrary, if a tenant terminates a residential rental or lease agreement pursuant to this Code section 14 or more days prior to occupancy, no damages or penalties of any kind will be assessable. (e) This Code section shall not be waived or modified by the agreement of the parties under any circumstances."

SECTION 2. This Act shall apply to all residential real estate rental or lease agreements entered into on or after July 1, 2021, and to any renewals, modifications, or extensions of such agreements entered into on or after such date.

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

Approved May 6, 2021.

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CRIMINAL PROCEDURE LAW ENFORCEMENT OFFICERS AND AGENCIES PENAL INSTITUTIONS SOCIAL SERVICES CREATES OFFENSES OF IMPROPER SEXUAL CONTACT BY PERSON IN A POSITION OF TRUST IN THE FIRST AND SECOND DEGREES.

No. 237 (Senate Bill No. 117).

AN ACT

To amend Chapter 6 of Title 16, Article 1 of Chapter 10 of Title 17, Article 2 of Chapter 3 of Title 35, Title 42, and Article 1 of Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to sexual offenses, procedure for sentencing and imposition of punishment, the Georgia Crime Information Center, penal institutions, and general provisions regarding the Department of Human Services, respectively, so as to provide for the offenses of improper sexual contact by person in a position of trust 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 revise the definition of "dangerous sexual offense" to include the offense of improper sexual contact by person in a position of trust in the first and second degrees; 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, agent, or foster parent, consent not a defense, and penalty, as follows:
"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.

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(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 Services. (5) 'Intimate parts' means the genital area, groin, inner thighs, buttocks, or breasts of a person. (5.1) 'Person in a position of trust' means an individual with whom a parent, guardian, or other person standing in loco parentis of a minor has entered into an agreement entrusting such individual with the responsibility of education and supervision of such minor; provided, however, that no such status shall exist when the terms of the agreement have been satisfied or terminated and the minor is no longer under the supervision of such individual. (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; (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;

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(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. (b.2) A person commits the offense of improper sexual contact by a person in a position of trust in the first degree when a person in a position of trust engages in sexually explicit conduct with a minor for whom he or she has entered into an agreement entrusting him or her with the responsibility of education and supervision of such minor. (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. (c.2) A person commits the offense of improper sexual contact by a person in a position of trust in the second degree when a person in a position of trust engages in sexual contact, excluding sexually explicit conduct, with a minor for whom he or she has entered into an agreement entrusting him or her with the responsibility of education and supervision of such minor. (d) Consent of the victim shall not be a defense to a prosecution under this Code section.

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(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. (f) A person convicted of improper sexual contact by employee or agent in the first degree, improper sexual contact by a person in a position of trust 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 and by a fine not to exceed $100,000.00; 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, improper sexual contact by a person in a position of trust in the first degree, 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 10 nor more than 30 years and a fine not to exceed $100,000.00 and shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2; and
(2)(A) 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. (B) If at the time of the offense the victim of the offense is under the age of 16 and the act physically injures the victim or involves an act of sodomy, the offense shall be punished by imprisonment for not less than 25 nor more than 50 years and a fine not to exceed $100,000.00 and shall, in addition, 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, improper sexual contact by a person in a position of trust 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, improper sexual contact by a person in a position of trust 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 and by a fine not to exceed $25,000.00 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

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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, improper sexual contact by a person in a position of trust 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 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 paragraph (7) of subsection (a) of Code Section 17-10-6.2, relating to punishment for sexual offenders, as follows:
"(7) Improper sexual contact by employee or agent and improper sexual contact by person in a position of trust, as provided in Code Section 16-6-5.1;"

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 revising division (j)(4)(B)(viii) 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, as follows:
"(viii) Improper sexual contact by employee or agent, improper sexual contact by a foster parent, and improper sexual contact by person in a position of trust in violation of Code Section 16-6-5.1;"

SECTION 4. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in paragraph (10) of subsection (a) of Code Section 42-1-12, relating to the State Sexual Offender Registry, by revising subparagraph (B.3) and by adding a new subparagraph to read as follows:
"(B.3) 'Dangerous sexual offense' with respect to convictions occurring between July 1, 2019 and June 30, 2021, 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;

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(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. (B.4) 'Dangerous sexual offense' with respect to convictions occurring after June 30, 2021, 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;

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(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; (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 or improper sexual contact by person in a position of trust 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) Computer pornography and child exploitation in violation of Code Section 16-12-100.2; (xvii) A second or subsequent conviction for obscene telephone contact in violation of Code Section 16-12-100.3; or (xviii) Any conduct which, by its nature, is a felony sexual offense against a victim who is a minor or an attempt to commit a felony sexual offense against a victim who is a minor."

SECTION 5. Said title is further 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, improper sexual contact by a foster parent, and improper sexual contact by person in a position of trust; 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,

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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 6. 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, improper sexual contact by a foster parent, and improper sexual contact by person in a position of trust;"

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

Approved May 6, 2021.

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RESOLUTION RECOGNIZING UNITED STATES SENATOR JOHNNY ISAKSON; BRIDGE DEDICATION.

No. 238 (House Resolution No. 119).

A RESOLUTION

Recognizing United States Senator Johnny Isakson and dedicating a bridge in his honor; and for other purposes.

WHEREAS, Senator Johnny Isakson 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 the United States; and

WHEREAS, John "Johnny" Hardy Isakson was born on December 28, 1944, in Atlanta, Georgia, and served in the Georgia Air National Guard for six years, where he attained the rank of staff sergeant; and

WHEREAS, after graduating from the University of Georgia, he embarked on a career in real estate with Northside Realty, a company his father helped to establish; he became president

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of the company in 1979, a position he held for 22 years, during which time it became the biggest independent real estate company in the Southeast and one of the largest in the country; and

WHEREAS, in 1976, Senator Isakson was elected to the Georgia House of Representatives where he served seven terms, four of them as the Republican Minority Leader, and went on to serve in the Georgia Senate for one term; and

WHEREAS, he won his seat in the United States House of Representatives in a 1999 special election and was re-elected to two more terms; he served on the House Education Committee and was instrumental in the passage of the No Child Left Behind Act; and

WHEREAS, this dedicated public servant was first elected to the United States Senate in 2004, a historic occasion as it marked the first time in Georgia's history that both U.S. Senate seats had been held by Republicans; and

WHEREAS, Senator Isakson was twice more elected to the United States Senate and served honorably until his resignation in 2019, sponsoring over 130 bills and assuming leadership roles on issues involving veterans affairs and international trade; and

WHEREAS, Senator Isakson's longstanding commitment to economic development in Georgia is not more apparent than his commitment to the growth and prosperity of the Port of Savannah; and

WHEREAS, his work to secure federal funding for the Savannah Harbor Expansion Project (SHEP) and the Mason Mega Rail Yard ensures the efficient movement of goods through the state, impacting the lives of all Georgians; and

WHEREAS, Senator Isakson has served this state and nation with honor and distinction, and his vision and unyielding commitment have set the standard for public service and it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized by dedicating a bridge in his honor.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on State Route 307 over the Georgia Ports Authority Mega Rail Site in Chatham County is dedicated as the Senator Johnny Isakson Bridge.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the Senator Johnny Isakson Bridge.

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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 Senator Johnny Isakson and the Department of Transportation.

Approved May 6, 2021.

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FOOD, DRUGS, AND COSMETICS GEORGIA PHARMACY PRACTICE ACT; REVISES DEFINITION OF PHARMACY CARE.

No. 240 (House Bill No. 653).

AN ACT

To amend Code Section 26-4-5 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Pharmacy Practice Act," so as to revise the definition of "pharmacy care"; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 26-4-5 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Pharmacy Practice Act," is amended by revising paragraph (31) as follows:
"(31) 'Pharmacy care' means: (A) Those services related to the interpretation, evaluation, or dispensing of prescription drug orders, the participation in drug and device selection, drug administration, and drug regimen reviews, and the provision of patient counseling related thereto; and (B) Ordering and administering: (i) Tests that have been cleared or approved for home use by the federal Food and Drug Administration and interpreting the results as a means to screen for or monitor disease, disease risk factors, or drug use and to facilitate patient education; and (ii) Viral and serology COVID-19 tests, provided that such authority shall expire 12 months after the end of the public health emergency declared by the United States secretary of health and human services on January 31, 2020; provided, however, that such expiration shall not apply to viral and serology COVID-19 tests cleared or approved pursuant to division (i) of this subparagraph.

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A pharmacist conducting such a test shall do so at a pharmacy or other facility that has obtained any necessary certification from or that is operating under a certificate of waiver from the federal Centers for Medicare and Medicaid Services pursuant to the federal Clinical Laboratory Improvement Amendments."

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

Approved May 6, 2021.

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CONSERVATION AND NATURAL RESOURCES HIGHWAYS, BRIDGES, AND FERRIES MOTOR VEHICLES AND TRAFFIC RULES BY BOARD OF NATURAL RESOURCES REGARDING CERTAIN VARIANCES; PROPOSAL GUARANTY FOR BIDS ON CERTAIN PROJECTS; FINANCING AND LETTING OF CERTAIN PROJECTS; POSTING OF MAXIMUM SPEED LIMITS.

No. 241 (House Bill No. 577).

AN ACT

To amend Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices and minimum requirements for rules, regulations, ordinances, or resolutions for land-disturbing practices, so as to provide for the adoption of rules by the Board of Natural Resources relative to requests for variances for road construction and maintenance projects undertaken by the Georgia Department of Transportation; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for a proposal guaranty for bids upon certain projects; to provide for procedures, conditions, and limitations for financing and letting of projects; to provide for definitions; to provide for procedures, conditions, approval, and limitations upon an alternative contracting method to be used for certain projects; to provide for the licensing of airports; to provide for definitions; to provide for issuance of cease and desist orders and punishment; to revise bond validation processes for the State Road and Tollway Authority; to revise powers and definitions relative to such authority; to amend Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum speed limits, so as to provide for posting of signage of maximum speed limits; 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 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices and minimum requirements for rules, regulations, ordinances, or resolutions for land-disturbing practices by the Board of Natural Resources, is amended by adding a new subsection to read as follows:
"(b.1) On or before June 30, 2022, the board shall promulgate rules and regulations that contain specific criteria for the approval or denial by the director of requests for variances for road construction and maintenance projects undertaken by the Department of Transportation when:
(1) An alteration within the buffer area has been authorized pursuant to a permit issued by the United States Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act of 1972, as amended, or Section 10 of the Rivers and Harbors Act of 1899; provided, however, that adequate erosion control measures are incorporated into the project plans and specifications and such measures are fully implemented; or (2) The land-disturbing activity is not eligible for a permit issued by the United States Army Corps of Engineers under Section 404 of the Federal Water Pollution Control Act of 1972, as amended, and involves the piping, filling, or rerouting of waters that are not jurisdictional waters of the United States regardless as to whether or not such waters have been classified as primary or secondary trout waters."

SECTION 2. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended in Code Section 32-2-65, relating to advertising for bids, by revising paragraph (5) of subsection (b) as follows:
"(5) The amount of the required proposal guaranty, if one is required;"

SECTION 3. Said title is further amended in Code Section 32-2-68, relating to proposal guaranty by bidder for highway projects, by revising subsection (a) as follows:
"(a) No bid for capital construction or capital maintenance will be considered by the department unless it is accompanied by a proposal guaranty in the form of a certified check or other acceptable security payable to the treasurer of the department for an amount deemed by the department to be in the public interest and necessary to ensure that the successful bidder will execute the contract bid upon."

SECTION 4. Said title is further amended in Code Section 32-2-69, relating to bidding process and award of contract, by revising subsection (a) as follows:

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"(a) Except as authorized by Code Sections 32-2-79, 32-2-80, and 32-2-82, 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."

SECTION 5. Said title is further amended by designating Code Sections 32-2-60 through 32-2-77 as new Part 1, designating Code Sections 32-2-78 through 32-2-82 as Part 2, and revising newly designated Part 2 to read as follows:

"Part 2

32-2-78. As used in this part, the term:
(1) 'Alternative contracting method' means a method of contracting authorized by Code Section 32-2-82. (2) 'Construction manager/general contractor' means a person the department has selected to perform project delivery pursuant to Code Section 32-2-82. (3) 'Participating local governing authority' includes the governing authority of any county or municipality whose geographical jurisdiction includes the project. (4) 'Project' means an undertaking, including intermodal rail-related and multimodal transportation solutions, which the department deems appropriate for pursuing or letting based upon the authority granted in this part."

32-2-79. At a minimum, the staff of the department shall jointly identify and report to the board by July 31 of each odd-numbered year those potential undertakings best suited for delivery under the procedures of Code Section 32-2-80 and that are expected to provide the greatest public benefit through enhanced public safety, enhanced mobility of goods, congestion mitigation, enhanced trade and economic development, improved air quality or land use, or reduction of public expenditures due to improved transportation efficiency or infrastructure preservation as aligned with the state-wide strategic transportation plan as defined in Code Section 32-2-41.1.

32-2-80. (a)(1) The department shall evaluate a potential project to determine, in the judgment of the department, appropriate or desirable levels of state, local, and private participation in financing such project. In making such determination, the department shall be authorized and encouraged to seek the advice and input of the affected local governing authorities,

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applicable metropolitan planning organizations, and the private financial and construction sectors. (2) No constitutional officer or member of the board shall serve as an agent, lobbyist, or board member for any entity directly or indirectly under contract with or negotiating a contract with the department under this Code section for one year after leaving his or her position as a constitutional officer or member of the board. (b)(1) For projects that are funded or financed in part or in whole by private sources, the department shall be authorized to issue a written request for proposal indicating in general terms the scope of the project, the proposed financial participations in the project, and the factors that will be used in evaluating the proposal and containing or incorporating by reference other applicable contractual terms and conditions, including any unique capabilities or qualifications that will be required of the contractor. Public notice of such request for proposal shall be made at least 90 days prior to the date set for receipt of proposals by posting the legal notice on a single website that shall be procured and maintained for such purposes by the Department of Administrative Services or in substantially the same manner utilized by the department to solicit requests for proposals. (2) For every project undertaken pursuant to this Code section, the department shall accept written public comment, solicited in the same manner as provided for in the request for proposal, for a period of 30 days beginning at least ten days after the public notice of the request for proposal is made pursuant to paragraph (1) of this subsection. In addition, the department shall hold at least one public hearing, which may be held by teleconference, not later than the conclusion of the period for public comment. (3) The department shall select two or more respondents deemed fully qualified, responsible, and suitable to engage for interview and discussion based upon responses on professional competence and ability to meet the level of private financial participation called for by the department. Multiple 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. During this 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. (4) Upon conclusion of discussions described in paragraph (3) of this subsection, the department shall rank respondents on the basis of the evaluation criteria set forth in the request for proposal. The department shall select in the order of preference two or more respondents whose qualifications and proposed services are deemed most meritorious and shall conduct negotiations with those respondents. Negotiations conducted under this paragraph can include, but are not limited to, one-on-one meetings or requests for proposals. (5) Upon approval by the department, the commissioner shall select the respondent for project implementation based upon contract terms that are the most satisfactory and

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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. (6) 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 more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that respondent after the respondent is determined to be responsible. (c) Nothing in this Code section shall require the department to continue negotiations or discussions arising out of any request for proposal. (d) The department shall be authorized to promulgate reasonable rules or regulations to assist in proposal evaluations and to implement the purposes of this Code section. The department shall report the content of such rules or regulations to the Transportation Committees of the Senate and House of Representatives for their approval by majority vote prior to the promulgation thereof and shall make quarterly reports to the same chairpersons of all of its activities undertaken pursuant to the provisions of this Code section. (e) Any contracts entered into pursuant to this Code section may authorize funding to include tolls, fares, or other user fees and tax increments for use of the project that is the subject of the proposal. Such funding may be distributed by contract among the participants in the project as may be provided for by contract. The department may take any action to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this Code section and may enter into any contracts required to receive such assistance. The department may determine that it serves the public purpose of this Code section for all or any portion of the costs of a qualifying project to be paid, directly or indirectly, from the proceeds of a grant or loan made by the federal, state, or local government or any instrumentality thereof. The department may agree to make grants or loans to the operator from time to time from amounts received from the federal, state, or local government or any agency or instrumentality thereof. (f) The commissioner shall be authorized to delegate such duties and responsibilities under this Code section as he or she deems appropriate from time to time; provided, however, that the final approval of contracts provided for in this Code section shall be by action of the board. (g) The power of eminent domain shall not be delegated to any private entity with respect to any project commenced or proposed pursuant to this Code section. (h) Any contract entered into pursuant to this Code section shall require the private partner or each of its prime contractors to provide performance and payment security. Notwithstanding any other provision of law, the penal sum or amount of such security may be less than the price of the contract involved, such as the value of the construction

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elements of the contract, based upon the department's determination on a project-by-project basis of what sum may be required to adequately protect the department, the state, and the contracting and subcontracting parties.

32-2-81. (a) As used in this Code section, the term 'design-build procedure' means a method of contracting under which the department contracts with another party for the party to both design and build the structures, facilities, systems, and other items specified in the contract. (b) The department may use the design-build procedure for projects that include buildings, bridges and approaches, rail corridors, technology deployments, and limited or controlled access projects or projects that may be constructed within existing rights of way where the scope of work can be clearly defined or when a significant savings in project delivery time can be attained. (c) When the department determines that it is in the best interests of the public, the department may combine any or all of the environmental services, utility relocation services, right of way services, design services, and construction phases of a public road or other transportation purpose project into a single contract using a design-build procedure. Design-build contracts may be advertised and awarded notwithstanding the requirements of paragraph (1) of subsection (d) of Code Section 32-2-61; provided, however, that construction activities shall not begin on any portion of such projects until title to the necessary rights of way and easements for the construction of that portion of the project has vested in the state or a local governmental entity and all railroad crossing and utility agreements have been executed. (d) The department shall adopt by rule procedures for administering design-build contracts. Such procedures shall include, but not be limited to:
(1) Prequalification requirements; (2) Public advertisement procedures; (3) Request for qualification requirements; (4) Request for proposal requirements; (5) Criteria for evaluating technical information and project costs; (6) Criteria for selection and award process, provided that the rules shall specify that the criteria for selection shall consist of the following minimum two components for any two-step procurement process:
(A) A statement of qualifications from which the department will determine a list of qualified firms for the project, provided that, if the department determines it is in the state's best interest, it may omit this requirement and move directly to a one-step procurement process through the issuance of a request for proposal from which the department may select the lowest qualified bidder; and (B) From the list of qualified firms as provided in subparagraph (A) of this paragraph, a technical proposal and a price proposal from each firm from which the department shall select the lowest qualified bidder or, in the event the department uses the best

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value procurement process, the request for proposal shall specify the requirements necessary for the selection of the best value proposer which shall include, at a minimum, a weighted cost component and a technical component. A proposal shall only be considered nonresponsive if it does not contain all the information and level of detail requested in the request for proposal. A proposal shall not be deemed to be nonresponsive solely on the basis of minor irregularities in the proposal that do not directly affect the ability to fairly evaluate the merits of the proposal. Notwithstanding the requirements of Code Section 36-91-21, under no circumstances shall the department use a 'best and final offer' standard in awarding a contract in order to induce one proposer to bid against an offer of another proposer. The department may provide for a stipulated fee to be awarded to the short list of qualified proposers who provide a responsive, successful proposal. In consideration for paying the stipulated fee, the department may use any ideas or information contained in the proposals in connection with the contract awarded for the project, or in connection with a subsequent procurement, without obligation to pay any additional compensation to the unsuccessful proposers; (7) Identification of those projects that the department believes are candidates for design-build contracting; and (8) Criteria for resolution of contract issues. The department may adopt a method for resolving issues and disputes through negotiations at the project level by the program manager up to and including a dispute review board procedure with final review by the commissioner or his or her designee. Regardless of the status or disposition of the issue or dispute, the design-builder and the department shall continue to perform their contractual responsibilities. The department shall have the authority to suspend or provide for the suspension of Section 108 of the department's standard specifications pending final resolution of such contract issues and disputes. This paragraph shall not prevent an aggrieved party from seeking judicial review. (e) In contracting for design-build projects, the department shall be limited to contracting for no more than 50 percent of the total amount of construction projects awarded in the previous fiscal year. (f) Not later than 90 days after the end of the fiscal year, the department shall provide to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairpersons of the House and Senate Transportation Committees a summary containing all the projects awarded during the fiscal year using the design-build contracting method. Included in the report shall be an explanation for projects awarded to other than the low-bid proposal. This report shall be made available for public information.

32-2-82. (a) The department shall be authorized to utilize an alternative contracting method for project delivery that includes one of the following:

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(1) An agreement in which a construction manager/general contractor performs two phases of work as follows:
(A) The first phase, in which the construction manager/general contractor performs in the capacity of a construction manager, consisting of preconstruction services for a project which may be paid in lump sum, cost-plus fixed fee, cost per unit of work, specific rates of compensation, or other comparable payment method permitted by law; and (B) The second phase, in which the construction manager/general contractor performs in the capacity of a general contractor, consisting of construction services for a project that may be performed under the same contract as that of the first phase, subject to agreement by the department as to the terms for payment for such services and using any method of payment permitted by law; provided that the construction manager/general contractor self-performs at least 30 percent of the total original price for construction work on the project; (2) A predevelopment agreement, pursuant to which one or more contractors collaborate with the department on one or more projects: (A) For the conceptual, preliminary, and final planning for such projects, which may include predevelopment services, financial planning, environmental studies, engineering, and assistance with public outreach; and (B) To perform, at the department's election, the construction work for any such project, subject to agreement as to the basis of payment for construction services; or (3) A comprehensive development agreement that allows for expedited project delivery through the concurrent design and construction of a project under a single multiphase contract, pursuant to which a contractor shall: (A) Collaborate with the department to advance development of the project concept; (B) Perform both the design and construction services; and (C) Perform any operations or maintenance work required for the project. (b) The department shall consider at least the following factors in assessing a project's suitability and feasibility for delivery through an alternative contracting method: public interest, innovation, risk, design complexity, cost control, and construction schedule optimization. (c) When the department determines, in accordance with subsection (b) of this Code section, that the public interest is best served by delivering the project utilizing an alternative contracting method, the department shall submit to the board a written request to proceed in delivering a project using an alternative contracting method. The department shall not proceed with the project using an alternative contracting method without prior approval by the board. (d) Upon approval of a request pursuant to subsection (c) of this Code section, the department shall be authorized to issue a written solicitation identifying the scope of the project, the factors to be used to evaluate responses to the solicitation, and the basis for

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award of the contract to perform work on the project utilizing an alternative contracting method. (e) For any project for which an alternative contracting method is elected, the department shall utilize the procurement procedures under either Code Section 32-2-80 or 32-2-81 to competitively solicit proposals. (f) The department shall be authorized to utilize the alternative contracting method to deliver no more than two projects during any single fiscal year and no more than seven projects over a single ten-year period. Solely as it relates to a project delivered using an alternative contracting method under this Code section, the department shall not encumber in any one fiscal year an amount greater than 5 percent of the department's capital budget in the previous fiscal year. (g) Not later than 90 days after the end of a fiscal year in which the department has executed a contract to deliver a project using an alternative contracting method, the department shall provide to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and chairpersons of the House and Senate Transportation Committees a summary containing all contracts that utilized an alternative contracting method. This report shall be made available to the public. (h) The department shall adopt rules and regulations to implement the provisions of this Code section. (i) Not later than five years after the effective date of this Code section and then once every five years thereafter, the department shall submit a report to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and the members of the House and Senate Transportation Committees detailing all contracts executed to deliver a project using an alternative contracting method and the benefits of using an alternative contracting method compared with other contracting methods for review and consideration as to the effectiveness of this Code section and any necessary amendments."

SECTION 6. Said title is further amended by revising Code Section 32-9-8, relating to licensing airports, as follows:
"32-9-8. (a) As used in this Code section, the term:
(1) 'Aircraft' means any machine, whether heavier or lighter than air, used or designed for navigation of or flight in the air. (2) 'Airport' means any area of land, water, or mechanical structure which is used for the landing and takeoff of aircraft and is open to the general public, as evidenced by the existence of a current and approved Federal Aviation Administration Form 7480-I or any successor application, for such use without prior permission or restrictions and includes any appurtenant structures and areas which are used or intended to be used for airport buildings, other airport facilities, rights of way, or easements; provided, however, that the term 'airport' shall not include the following facilities used as airports:

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(A) Facilities owned or operated by the United States government or an agency thereof; (B) Privately owned facilities not open to the general public when such airports do not interfere with the safe and efficient use of air space of an airport for which a license or an airport operating certificate issued under 14 C.F.R. Part 139 of the regulations of the Federal Aviation Administration or any successor regulation has been granted; and (C) Facilities being operated pursuant to 14 C.F.R. Part 139 relating to certification requirements for airports serving scheduled air carrier operations or any successor agency of the United States government. (3) 'Person' means an individual, firm, corporation, partnership, company, association, joint-stock association, municipality, county, or state agency, authority, or political subdivision and includes any director, employee, agent, trustee, receiver, assignee, or other similar representative thereof. (b) It is declared that the operation of airports used by the public for general aviation purposes but which are operated without regulation as to minimum and uniform safety requirements endangers the lives and property of persons operating aircraft at these facilities, the passengers of aircraft operated by such persons, and the occupants of lands in the vicinity of such facilities. For the purpose of establishing and improving a system of safer airports and to foster safer operating conditions at these airports, the department is authorized and directed to provide for the licensing of airports. The department may charge a license fee of $100.00 per runway, up to a maximum of $400.00, for each original license and each renewal thereof. All licenses shall be renewed biennially. (c) The department shall issue a license or renewal thereof to any owner of an airport that applies for a license or renewal thereof, if, upon investigation, the department determines that the airport meets minimum standards, prescribed by the department in its rules and regulations, in the areas of geometric layout, navigational aids, lighting, approach surfaces, landing surfaces, runway markings, and separation between airport sites, provided that no license shall be denied the owner or operator of an airport in existence on July 1, 1978, because of the failure to meet minimum standards prescribed with regard to geometric layout and separation between airport sites. (d) The department shall promulgate and publish reasonable rules and regulations establishing the minimum standards provided for in subsection (c) of this Code section, the procedure for obtaining, renewing, and revoking a license, and such other procedures and conditions as are reasonable and necessary to carry out this Code section. (e) Within 60 days after the receipt of a properly filled out application for a license, with appropriate fee, the department shall act upon the application. (f) All applications for renewal of a license shall be made to the department no later than 60 days prior to the expiration of the existing license. (g) Applications for a license or renewal thereof may be denied, or a license may be revoked, by the department, after notice and opportunity for hearing to the licensee, when the department shall reasonably determine:

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(1) That the licensee has failed to comply with the conditions of the license or renewal thereof; (2) That the licensee has failed to comply with the minimum standards prescribed by the department pursuant to this Code section; or (3) That because of changed physical or legal conditions or circumstances the airport has become either unsafe or unusable for the purposes for which the license or renewal was issued. (h) The decision of the department to deny or revoke any license or renewal thereof shall be subject to review in the manner prescribed for the review of contested cases as prescribed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (i)(1) It shall be unlawful for any person to own or operate an airport without first obtaining and thereafter maintaining a valid license as required by this Code section. (2) Whenever it appears or is made known to the department that any person is operating an airport without a valid license, the department may issue an initial written cease and desist order requiring such person to cease and desist immediately from such unauthorized activity. Such cease and desist order shall become final 20 calendar days from the date of issuance as noted on the order. If the proper license or evidence of exemption from licensure requirements during the time of the alleged unlicensed activity is provided to the department's satisfaction within the 20 day period, the order shall not become final and shall be rescinded in writing by the department. Review of an administrative decision of the department entered pursuant to this paragraph shall be available solely in the superior court of the county of domicile of the department and shall be filed no later than 30 days after the department's cease and desist order becomes final. (3) When a person fails to comply with the terms of a final cease and desist order of the department, the department may, through the Attorney General and upon three days' written notice to such person, petition the superior court in the county where the unlicensed airport is located for an order directing such person to obey the final cease and desist order of the department. Upon the filing of such petition, the court shall allow a motion to show cause as to why a final cease and desist order of the department should be affirmed. After a hearing upon the merits or after failure of such person to appear when ordered, the court may grant the petition of the department.
(4)(A) Any person that violates the terms of an order issued pursuant to this subsection shall be liable to the department for a civil penalty not to exceed $1,000.00 per violation per day. (B) In determining the amount of penalty, the department shall consider the appropriateness of the penalty relative to the gravity of the violation, the history of any previous violation by such person, and any other such contributing factors or circumstances. The department may, in its discretion, compromise or modify any penalty that is subject to imposition or has been imposed pursuant to this paragraph. Any violator that is assessed a civil penalty may also be assessed the cost of collection, including, but not limited to, interest, court costs, and attorney's fees.

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(C) Any person assessed a civil penalty as provided in this paragraph shall have the right to request a hearing into the matter as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act' within ten days after notification of the assessment has been served upon the person involved; otherwise, such penalty shall be final. (5) All penalties and fines recovered by the department pursuant to paragraph (4) of this subsection shall be paid to the general fund of the state; provided, however, that the department in its discretion may remit such amounts net of the cost of recovery if the department makes an accounting of all such costs and expenses of recovery."

SECTION 7. Said title is further amended in Code Section 32-10-60, relating to definitions relative to the State Road and Tollway Authority, by revising paragraph (5) as follows:
"(5) 'Project' means transportation related undertakings which provide a public benefit, including:
(A) One or more roads or bridges or a system of roads, bridges, and tunnels or improvements thereto included on an approved state-wide transportation improvement program on the Developmental Highway System as set forth in Code Section 32-4-22, as now or hereafter amended, or a comprehensive transportation plan pursuant to Code Section 32-2-3 or which are toll access roads, bridges, or tunnels, with access limited or unlimited as determined by the authority, and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including but not limited to approaches, cross streets, roads, bridges, tunnels, and avenues of access for such system; (B) Any program for mass transportation or mass transportation facilities as approved by the authority and the department and such buildings, structures, parking areas, appurtenances, and facilities related thereto, including, but not limited to, approaches, cross streets, roads, bridges, tunnels, and avenues of access for such facilities; and (C) Any project undertaken pursuant to Part 2 of Article 4 of Chapter 2 of this title."

SECTION 8. Said title is further amended in Code Section 32-10-63, relating to powers of authority generally, by revising paragraph (5) as follows:
"(5) To make such contracts, leases, or conveyances as the legitimate and necessary purposes of this article shall require, including but not limited to contracts for construction or maintenance of projects, provided that the authority shall consider the possible economic, social, and environmental effects of each project, and the authority shall assure that possible adverse economic, social, and environmental effects relating to any proposed project have been fully considered in developing such project and that the final decision on the project is made in the best overall public interest, taking into consideration the need for fast, safe, and efficient transportation, public services, and the

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cost of eliminating or minimizing adverse economic, social, and environmental effects. Furthermore, in order to assure that adequate consideration is given to economic, social, and environmental effects of any project under consideration, the authority shall:
(A) Follow the processes required for federal-aid highway projects, as determined by the National Environmental Policy Act of 1969, as amended, except that final approval of the adequacy of such consideration shall rest with the Governor, as provided in subparagraph (C) of this paragraph, acting as the chief executive of the state, upon recommendation of the commissioner, acting as chief administrative officer of the Department of Transportation; (B) In the location and design of any project, avoid the taking of or disruption of existing public parkland or public recreation areas unless there are no prudent or feasible project location alternates. The determination of prudency and feasibility shall be the responsibility of the authority as part of the consideration of the overall public interest; (C) Not approve and proceed with acquisition of rights of way and construction of a project until: (i) there has been held, or there has been offered an opportunity to hold, a public hearing or public hearings on such project in compliance with requirements of the Federal-aid Highway Act of 1970, as amended, except that neither acquisition of right of way nor construction shall be required to cease on any federal-aid project which has received federal approval pursuant to the National Environmental Policy Act of 1969, as amended, and is subsequently determined to be eligible for construction as an authority project utilizing, in whole or in part, a mix of federal funds and authority funds; and (ii) the adequacy of environmental considerations has been approved by the Governor, for which said approval of the environmental considerations may come in the form of the Governor's acceptance of a federally approved environmental document; and (D) Let by public competitive bid upon plans and specifications approved by the chief engineer or his or her successors all contracts for the construction of projects, except as otherwise provided for projects authorized under any provisions of Part 2 of Article 4 of Chapter 2 of this title;"

SECTION 9. Said title is further amended by revising Code Section 32-10-107, relating to confirmation and validation of bonds for the State Road and Tollway Authority, as follows:
"32-10-107. Bonds of the authority shall be confirmed and validated in accordance with Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law.' The petition for validation for conduit bonds issued pursuant to paragraph (8) of Code Section 32-10-63 shall also make any person, firm, corporation, limited liability company, or other type of private entity a party defendant to such action, if such person, firm, corporation, limited liability company, or other type of private entity has contracted or will contract with the authority to provide

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funds for the repayment of revenue bonds which are to be issued and are sought to be validated. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to the validity of such bonds and against the authority and against all other persons or entities, regardless of whether such persons or entities were parties to such validation proceedings."

SECTION 10.
Code Section 40-6-181 of the Official Code of Georgia Annotated, relating to maximum speed limits, is amended by revising paragraph (1) of subsection (b) as follows:
"(1) Thirty miles per hour in any urban or residential district unless otherwise designated by appropriate signs;"

SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Approved May 6, 2021.

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MOTOR VEHICLES AND TRAFFIC SPECIALTY LICENSE PLATES; HONORING SUPPORT OUR TROOPS, INC.; SUPPORTING BREAST CANCER RELATED PROGRAMS; SUPPORTING FIGHT AGAINST CANCER.

No. 242 (House Bill No. 179).

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 license plates for certain persons and vehicles, so as to establish a specialty license plate honoring Support Our Troops, Inc.; to amend the logo design for special license plates issued to support breast cancer related programs; to establish a specialty license plate supporting the fight against cancer with a share of the proceeds to be disbursed to the Georgia Center for Oncology Research and Education, Inc.; to provide for related matters; to provide for compliance with constitutional requirements; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 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 adding a new paragraph to subsection (l) and by revising paragraph (9) of and adding a new paragraph to subsection (m) to read as follows:
"(66) A special license plate to support members of the United States armed forces. The funds raised by the sale of this special license plate shall be disbursed to Support Our Troops, Inc." "(9) A special license plate to support breast cancer related programs for the medically indigent. The provisions of paragraph (1) of this subsection notwithstanding, from the additional $35.00 special license plate fee or special license plate renewal fee charged for the issuance and renewal of breast cancer license plates authorized under this paragraph, $12.95 shall be deposited in the general fund and $22.05 shall be deposited in the Indigent Care Trust Fund created by Code Section 31-8-152 to fund cancer screening and treatment related to programs for those persons who are medically indigent and may have breast cancer. To the extent consistent with Article III, Section IX, Paragraph VI(i) of the Constitution and Article 6 of Chapter 8 of Title 31, such programs may include education, breast cancer screening, grants-in-aid to breast cancer victims, pharmacy assistance programs for breast cancer victims, and other projects to encourage public support for the special license plate and the activities which it funds. Any such special license plate issued for the first time on or before June 30, 2021, shall include a logo the same as the United States postal stamp supporting breast cancer research and bearing the slogan 'Fund the Fight. Find A Cure.' over the sketch of a woman and the breast cancer awareness pink ribbon symbol. Any special license plate featuring such postal stamp design may be renewed after June 30, 2021, as otherwise provided for by this chapter. On and after July 1, 2021, any special license plate issued for the first time pursuant to this paragraph shall include the pink ribbon symbol which designates the fight against breast cancer and such other design as may be approved by the commissioner without the slogan 'Fund the Fight. Find a Cure.'" "(17) A special license plate to support the fight against cancer. The funds raised by the sale of this special license plate shall be disbursed to the Georgia Center for Oncology Research and Education, Inc."

SECTION 2. In accordance with the requirements of Article III, Section IX, Paragraph VI(n) of the Constitution of the State of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority vote in both the Senate and the House of Representatives.

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

Approved May 6, 2021.

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EDUCATION GEORGIA SPECIAL NEEDS SCHOLARSHIP ACT; REVISE PRIOR SCHOOL YEAR REQUIREMENT; EXPAND STUDENT ELIGIBILITY; REVISE BASIS FOR CALCULATING SCHOLARSHIP AMOUNTS; REQUIRE ANNUAL PARENT SURVEYS.

No. 243 (Senate Bill No. 47).

AN ACT

To amend Article 33 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Special Needs Scholarship Act, so as to revise the prior school year requirement; to expand eligibility for students; to revise the basis for calculating scholarship amounts; to require annual parent surveys; to provide for a review procedure for scholarship calculations; 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 33 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Special Needs Scholarship Act, is amended by revising Code Section 20-2-2113, relating to annual notification of options available to parents of special needs students, as follows:
"20-2-2113. (a) The resident school system shall provide specific written notice of the options available under this article to the parent at the initial Individualized Education Program (IEP) meeting in which a disability of the parent's child is identified or at the time the child is determined to be eligible for accommodations or services under Section 504 of the federal Rehabilitation Act of 1973. Thereafter, the resident school system shall annually notify prior to the beginning of each school year the parent of a student with a disability by letter, electronic means, or by such other reasonable means in a timely manner of the options available to the parent under this article.
(b)(1) The parent may choose for the student to attend another public school within the resident school system which has available space and which has a program with the

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services agreed to in the student's existing Individualized Education Program or Section 504 Plan. If the parent chooses this option, then the parent shall be responsible for transportation to such school. The student may attend such public school pursuant to this paragraph until the student completes all grades of the school, graduates, or reaches the age of 21, whichever occurs first, in accordance with federal and state requirements for disabled students; (2) The parent may choose to enroll the student in and transport the student to a public school outside of the student's resident school system which has available space and which has a program with the services agreed to in the student's existing Individualized Education Program or Section 504 Plan. The nonresident public school system may accept the student, and if it does, such system shall report the student for purposes of funding to the department; (3) The parent may choose for the student to attend one of the state schools for the deaf and blind operated by the State Board of Education, if appropriate for the student's needs. Funding for such students shall be provided in accordance with Code Section 20-2-302; or (4) The parent may request and receive from the department a scholarship for the student to enroll in and attend a participating private school in accordance with this article."

SECTION 2. Said article is further amended by revising subsections (a) and (f) of Code Section 20-2-2114, relating to qualifications for scholarship, financial responsibility, state-wide assessments, exception, and compliance, as follows:
"(a) A student shall qualify for a scholarship under this article if: (1) The student's parent currently resides within Georgia and has been a Georgia resident for at least one year; provided, however, that the one-year requirement shall not apply if the student's parent is an active duty military service member stationed in Georgia within the previous year; (2) The student has spent the prior school year in attendance at a Georgia public school or received preschool special education or related services pursuant to Section 619 of Part B of the federal Individuals with Disabilities Education Act; provided, however, that this requirement shall not apply if: (A) The student's parent is an active duty military service member stationed in Georgia within the previous year; (B) The student has been adopted or placed in a permanent guardianship from foster care pursuant to an order issued by a court of competent jurisdiction within the previous year; (C) The student previously qualified for a scholarship pursuant to this article; or (D) The scholarship application is made for the 2021-2022 school year on behalf of a student who was enrolled in a Georgia public school at the time of at least one count

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provided for in Code Section 20-2-160 during either the 2019-2020 or 2020-2021 school years; (3)(A) The student has an Individualized Education Program (IEP) written in accordance with federal and state laws and regulations; provided, however, that the State Board of Education shall be authorized to require a local board of education to expedite the development of an Individualized Education Program and to waive the prior school year requirement contained in paragraph (2) of this subsection, in its sole discretion, on a case-by-case basis for specific medical or behavioral needs of the student upon the request of a parent or guardian in accordance with state board procedures. If an expedited Individualized Education Program is required by the state board pursuant to this subparagraph, the state board may additionally require such expedited process to be completed prior to the beginning of the school year. The State Board of Education shall provide an annual report by December 31 of each year regarding the number of waivers approved pursuant to this paragraph to the General Assembly; or
(B)(i) The student has a Section 504 Plan relating to one or more conditions that are included among the conditions which shall be identified by the State Board of Education for the purposes of this Code section and which shall, at a minimum, include the following:
(I) Attention deficit hyperactivity disorder (ADHD); (II) Autism spectrum disorder; (III) Bipolar disorder; (IV) Cancer; (V) Cerebral palsy; (VI) Cystic fibrosis; (VII) Deafness; (VIII) Down syndrome; (IX) Drug or alcohol abuse; (X) Dual sensory impairment; (XI) Dyslexia; (XII) Emotional or behavioral disorder; (XIII) Epilepsy; (XIV) Hearing impairment; (XV) Intellectual disability; (XVI) Muscular dystrophy; (XVII) Specific learning disability; (XVIII) Spina bifida; (XIX) Traumatic brain injury; (XX) Visual impairment; or (XXI) Any rare disease identified by the National Institutes of Health's Genetic and Rare Diseases Information Center's list of rare disease disorders.

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(ii) The State Board of Education shall adopt rules to provide for the verification that a student who qualifies for this scholarship through a Section 504 Plan has met the eligibility requirements. (4) The parent obtains acceptance for admission of the student to a participating school; and (5) The parent submits an application for a scholarship to the department no later than the deadline established by the department; provided, however, that the department shall establish periodic application deadlines during the school year, which shall occur no less frequently than on September 15, December 15, and February 15 of each school year, for a student to transfer." "(f) With respect to local school systems, the acceptance of a scholarship shall have the same effect as a parental refusal to consent to services pursuant to the Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., and a parental waiver of rights to educational accommodations under Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.A. Section 701, et seq."

SECTION 3. Said article is further amended by revising subsections (a) and (b) of Code Section 20-2-2116, relating to amount of scholarship and method of payments, as follows:
"(a) The maximum scholarship granted a scholarship student pursuant to this article shall be an amount equivalent to the costs of the educational program that would have been provided for the student in the resident school system as calculated under Code Section 20-2-161 and, if a scholarship student has an Individualized Education Program (IEP), based upon services specified in the Individualized Education Program in place at the time of the most recent enrollment count, as described in Code Section 20-2-160. This shall not include any federal funds. (b) The amount of the scholarship shall be the lesser of the amount calculated in subsection (a) of this Code section or the amount of the participating school's tuition and fees, if applicable, including, but not limited to, fees for:
(1) Student assessment; (2) Uniforms; (3) Physical therapy, speech therapy, or occupational therapy; (4) Transportation provided by the participating school; (5) Meals; (6) Summer school programs; (7) Tutoring; and (8) Other materials, services, or activities as authorized by the department. "

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SECTION 4. Said article is further amended by revising Code Section 20-2-2117, relating to adoption and promulgation of rules, immunity from liability for scholarship decisions, and schools barred from program participation for certain actions, as follows:
"20-2-2117. (a) The board shall adopt rules to administer the program regarding eligibility and participation of participating schools, including, but not limited to, timelines that will maximize student and public and private school participation, the calculation and distribution of scholarships to eligible students and participating schools, and the application and approval procedures for eligible students and participating schools. The department shall develop and utilize a compliance form for completion by participating schools. The department shall be authorized to require any pertinent information as it deems necessary from participating schools for the purpose of implementing the program. Participating schools shall be required to complete such forms and certify their accuracy. (b) The board shall adopt rules to administer the program regarding student eligibility, transparency, and awareness of the impact of the program, including, but not limited to, the following:
(1) The department shall conduct an annual survey of participating parents' satisfaction with the program, their satisfaction with the private school, and their likelihood of recommending the program. Survey results shall be collected using only numerical measures and made publicly available in the annual report provided for in Code Section 20-2-2118; and (2) The department shall post on its publicly accessible website the basic unit cost for general instructional programs as a minimum estimate for scholarship amounts. The department shall provide parents of scholarship students the actual scholarship amounts upon appropriation of state funds to the department for disbursement. Within 30 calendar days of receipt of the actual scholarship amount, a parent of a scholarship student who believes that such student's program weights have been incorrectly reported by the local school system may make a request in writing to the department for a review of the accuracy of the local school system's reported program weights. The department shall provide a written response within 30 days of receipt of the parent's written request. (c) No liability shall arise on the part of the department or the state or of any local board of education based on the award or use of a scholarship awarded pursuant to this article. (d) The department may bar a school from participation in the program if the department determines that the school has intentionally and substantially misrepresented information or failed to refund to the state any scholarship overpayments in a timely manner."

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

Approved May 6, 2021.

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HEALTH INSURANCE PROHIBIT DISCRIMINATION AGAINST POTENTIAL ORGAN TRANSPLANT RECIPIENTS BASED UPON PHYSICAL OR MENTAL DISABILITIES; CARDIOPULMONARY RESUSCITATION; PARENTAL CONSENT.

No. 244 (House Bill No. 128).

AN ACT

To amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, so as to prohibit providers from discriminating against potential organ transplant recipients due solely to the physical or mental disability of the potential recipient; to provide for definitions; to provide for exceptions; to provide for referrals and recommendations; to provide for compliance with federal requirements; to provide for civil action and relief; to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to prohibit health insurers from discriminating against potential organ transplant recipients due solely to the physical or mental disability of the potential recipient; to provide for definitions; to provide for health benefit plans and collective bargaining; to provide for applicability; to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation, so as to revise parental requirement for consent; to revise a definition; to provide for a short title; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

This part shall be known and may be cited as "Gracie's Law."

SECTION 1-2. The General Assembly finds that:
(1) A mental or physical disability does not diminish a person's right to health care; (2) The Americans with Disabilities Act of 1990, 42 U.S.C. Section 12101 et seq., prohibits discrimination against persons with disabilities, yet many individuals with disabilities still experience discrimination in accessing critical health care services; (3) In other states, individuals with physical or mental disabilities have been denied lifesaving organ transplants based on assumptions that their lives are less worthy, that they are incapable of complying with posttransplant medical requirements, or that they

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lack adequate support systems to ensure compliance with posttransplant medical requirements; (4) Although organ transplant centers shall consider medical and psychosocial criteria when determining if a patient is suitable to receive an organ transplant, transplant centers that participate in Medicare, Medicaid, or other federally funded programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs; and (5) Georgia residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.

SECTION 1-3. Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, is amended by adding a new Code section to read as follows:
"31-1-24. (a) As used in this Code section, the term:
(1) 'Anatomical gift' means a donation of any part or all of a human body conditioned upon the donor's death for the purpose of transplantation or transfusion. (2) 'Auxiliary aids or services' means an aid or service that is used to provide information to an individual with a cognitive, developmental, intellectual, neurological, or physical disability and is available in a format or manner that allows such individual to better understand such information. An auxiliary aid or service may include:
(A) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments; (B) Qualified readers, taped texts, texts in accessible electronic format, or other effective methods of making visually delivered materials available to individuals with visual impairments; or (C) Supported decision-making services, including:
(i) The use of a support personnel to communicate information to the individual with a disability, ascertain the wishes of such individual, or assist such individual in making decisions; (ii) The disclosure of information to a legal guardian, authorized representative, or another individual designated by the individual with a disability for such purpose, so long as the disclosure is consistent with state and federal law, including the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Section 1320d et seq., and any regulations promulgated by the United States Department of Health and Human Services to implement such Act; (iii) When an individual with a disability has a court appointed guardian or other person responsible for making medical decisions on behalf of such individual, any measures used to ensure that the individual is included in decisions involving the individual's health care and that medical decisions are in accord with the individual's own expressed interests; and

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(iv) Any other aid or service that is used to provide information in a format that is easily understandable and accessible to individuals with cognitive, neurological, developmental, or intellectual disabilities, including any form of communication technology. (3) 'Covered entity' means: (A) Any licensed provider of health care services, including licensed health care practitioners, hospitals, nursing facilities, laboratories, intermediate care facilities, psychiatric residential treatment facilities, institutions for individuals with intellectual or developmental disabilities, and such licensed individuals or facilities providing health care services to incarcerated persons with disabilities; and (B) Any entity responsible for matching anatomical gift donors to potential recipients. (4) 'Disability' has the same meaning as provided for in the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008, 42 U.S.C. Section 12102. (5) 'Organ transplant' means the transplantation or transfusion of a part of a human body into the body of another human for the purpose of treating or curing a medical condition. (6) 'Qualified recipient' means an individual who has a disability and meets the essential eligibility requirements for the receipt of an anatomical gift with or without any of the following: (A) Individuals or entities available to support and assist the recipient with an anatomical gift or transplantation; (B) Auxiliary aids or services; or (C) Reasonable modifications to the policies, practices, or procedures of a covered entity, including modifications to allow for either or both of the following: (i) Communication with one or more individuals or entities available to support or assist with the recipient's care and medication after surgery or transplantation; or (ii) Consideration of support networks available to the recipient, including family, friends, and home and community based services, including home and community based services funded through Medicaid, Medicare, another health plan in which the recipient is enrolled, or any program or source of funding available to the recipient, when determining whether the recipient is able to comply with posttransplant medical requirements. (b)(1) The provisions of this Code section shall apply to all stages of the organ transplant process. (2) A covered entity shall not, solely on the basis of an individual's disability: (A) Consider the individual ineligible to receive an anatomical gift or organ transplant; (B) Deny medical services or other services related to organ transplantation, including diagnostic services, evaluation, surgery, counseling, and postoperative treatment and services; (C) Refuse to refer the individual to a transplant center or other related specialist for the purpose of being evaluated for or receiving an organ transplant;

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(D) Refuse to place a qualified recipient on an organ transplant waiting list; (E) Place a qualified recipient on an organ transplant waiting list at a lower priority position than the position at which the individual would have been placed if such individual did not have a disability; or (F) Refuse insurance coverage for any procedure associated with being evaluated for or receiving an anatomical gift, including posttransplantation and posttransfusion care. (3) Notwithstanding paragraph (2) of this subsection, a covered entity may take an individual's disability into account when making treatment or coverage recommendations or decisions, solely to the extent that the individual's disability has been found by a physician, following an evaluation of such individual, to be medically significant to the provision of the anatomical gift. (4) If an individual has the necessary support system to assist such individual in complying with posttransplant medical requirements, a covered entity may not consider the individual's inability to independently comply with posttransplant medical requirements to be medically significant for the purposes of paragraph (3) of this subsection. (5) A covered entity shall make reasonable modifications to its policies, practices, or procedures to allow individuals with disabilities access to transplantation related services, including diagnostic services, surgery, coverage, postoperative treatment, and counseling, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such services. (6) A covered entity must take steps necessary to ensure that an individual with a disability is not denied medical services or other services related to organ transplantation, including diagnostic services, surgery, postoperative treatment, or counseling, due to the absence of auxiliary aids or services, unless the covered entity demonstrates that taking the steps would fundamentally alter the nature of the medical services or other services related to organ transplantation or would result in an undue burden for the covered entity. (7) Nothing in this Code section shall be deemed to require a covered entity to make a referral or recommendation for or perform a medically inappropriate organ transplant. (8) A covered entity shall comply with the requirements of Titles II and III of the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008, 42 U.S.C. Section 12102. (c)(1) When it appears that a covered entity has violated or is violating any provision of this Code section, the affected individual may commence a civil action for injunctive and other equitable relief against such covered entity for purposes of enforcing compliance with this Code section. Such action may be brought in the district court for the county where the affected individual resides or resided or was denied the organ transplant or referral. (2) In an action brought under paragraph (1) of this Code section, the court shall give priority on its docket and expedited review, and may grant injunctive or other equitable relief, including:

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(A) Requiring auxiliary aids or services to be made available for a qualified recipient; (B) Requiring the modification of a policy, practice, or procedure of a covered entity; or (C) Requiring facilities be made readily accessible to and usable by a qualified recipient. (3) Nothing in this Code section is intended to limit or replace available remedies under the Americans with Disabilities Act of 1990, as amended, or any other applicable law. (4) This Code section does not create a right to compensatory or punitive damages against a covered entity."

SECTION 1-4. 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:
"33-24-59.30. (a) As used in this Code section, the term:
(1) 'Attending health care provider' means the attending physician and any other person administering health care services at the time of reference who is licensed, certified, or otherwise authorized or permitted by law to administer health care services in the ordinary course of business or the practice of a profession, including any person employed by or acting for any such authorized person. (2) 'Covered person' means a policyholder, subscriber, enrollee, member, or individual covered by a health benefit plan. (3) 'Health benefit plan' means a policy, contract, certificate, or agreement entered into, offered, or issued by a health insurance issuer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services. Such term shall not include a plan providing coverage for only excepted benefits as specified in Section 2791(c) of the federal Public Health Service Act, 42 U.S.C.A. Section 300gg-91(c) and short-term policies that have a term of less than 12 months. (4) 'Health insurance issuer' means an entity subject to the insurance laws and regulations of this state, or subject to the jurisdiction of the Commissioner, that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including through a health benefit plan as defined in this subsection, and shall include a sickness and accident insurance company, a health maintenance organization, a preferred provider organization, or any similar entity, or any other entity providing a plan of health insurance or health benefits. (b) A health insurance issuer that provides coverage for anatomical gifts, organ transplants, or related treatment and services shall not: (1) Deny coverage to a covered person solely on the basis of the individual's disability; (2) Deny to a patient eligibility, or continued eligibility, to enroll or to renew coverage under the terms of a health benefit plan, solely for the purpose of avoiding the requirements of this subsection;

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(3) Penalize or otherwise reduce or limit the reimbursement of an attending health care provider, or provide monetary or nonmonetary incentives to such a provider, to induce such provider to provide care to a covered person in a manner inconsistent with this Code section; or (4) Reduce or limit coverage benefits to a patient for the medical or other health care services related to organ transplantation performed pursuant to this Code section as determined in consultation with the attending health care provider and patient. (c) In the case of a health benefit plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement imposed pursuant to this Code section shall not be treated as a termination of the collective bargaining agreement. (d) Nothing in this Code section shall be deemed to require a health insurance issuer to provide coverage for a medically inappropriate organ transplant."

PART II SECTION 2-1.

Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to
cardiopulmonary resuscitation, is amended in Code Section 31-39-2, relating to definitions, by revising paragraph (10) as follows:
"(10) 'Parent' means a parent who has custody of a minor, or person with legal authority to act on behalf of a minor, or is the parent of an adult without decision-making capacity."

SECTION 2-2. Said chapter is further amended in Code Section 31-39-4, relating to persons authorized to issue order not to resuscitate, by revising subsection (d) as follows:
"(d) When a minor child is a candidate for nonresuscitation, an order not to resuscitate may be issued only with the oral or written consent of the minor's parent, unless an exception applies pursuant to subsection (e) of this Code section. If in the opinion of the attending physician the minor is of sufficient maturity to understand the nature and effect of an order not to resuscitate, then no such order shall be valid without the assent of such minor."

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

Approved May 6, 2021.

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EDUCATION DEXTER MOSLEY ACT; ENACT; AUTHORIZE HOME STUDY STUDENTS IN GRADES SIX THROUGH 12 TO PARTICIPATE IN EXTRACURRICULAR AND INTERSCHOLASTIC ACTIVITIES IN THE STUDENT'S RESIDENT PUBLIC SCHOOL SYSTEM UNDER CERTAIN CONDITIONS.

No. 245 (Senate Bill No. 42).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to authorize home study students in grades six through 12 to participate in extracurricular and interscholastic activities in the student's resident public school system; to provide that home study students shall complete one qualifying course facilitated by the resident school system for each semester of the regular school year during any part of which the home study student participates in an extracurricular or interscholastic activity; to provide for eligibility requirements; to provide for participation at a particular public school; to provide for participation fees; to provide parents and guardians authority to execute documents for verification purposes; to provide that the school climate rating does not include discipline data; to provide that local school systems shall publish certain student disciplinary and placement action information for ready access by parents and other community members; to provide for definitions; to provide a short title; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Part 14 of Article 6 of Chapter 2, relating to other educational programs under the "Quality Basic Education Act," by adding a new Code section to read as follows:
"20-2-319.6. (a) This Code section shall be known and may be cited as the 'Dexter Mosely Act.' (b) As used in this Code section, the term:
(1) 'Athletic association' means any association of schools or any other similar organization which acts as an organizing, sanctioning, scheduling, or rule-making body for interscholastic activities in which public schools in this state participate. (2) 'Extracurricular activities' means public school-sponsored activities in which students take part on a voluntary basis; which do not offer or provide school or course credits; which are generally conducted outside regular school hours or, if conducted in whole or in part during regular school hours, at times agreed to by the participants and approved by a school official; and which are managed and operated under the guidance of a teacher,

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other school employee, or other adult approved by a school official. Examples of extracurricular activities include but are not limited to intramural and interscholastic athletics; band, chorus, and other musical activities; drama and other theatrical activities; and clubs and organizations as defined in subsection (a) of Code Section 20-2-705. (3) 'Home study student' means any student in grades six through 12 who is in a home study program that meets the requirements of subsection (c) of Code Section 20-2-690. (4) 'Interscholastic activities' means extracurricular activities, public school-sponsored athletic programs, and other public school-sponsored programs that are sanctioned or supported by a state-wide interscholastic activities governing body, including but not limited to an athletic association. (5) 'Qualifying course' means a course facilitated by the home study student's resident school system:
(A) By applying one or more of the mechanisms provided for in paragraphs (1) through (4) of subsection (b) of Code Section 20-2-319.4; (B) By way of a dual credit course as provided for in Code Section 20-2-161.3; or (C) By way of an on-site course required for participation in designated extracurricular and interscholastic activities. (6) 'Resident school' means the public school in which a home study student would be enrolled based on his or her residence. (7) 'Resident school system' means the public school system in which a home study student would be enrolled based on his or her residence. (c) A home study student shall be eligible to participate in extracurricular activities and interscholastic activities under the sponsorship, direction, and control of the resident school or resident school system, provided that each of the following requirements is met: (1) At least 30 calendar days before the first school day of the semester in which a home study student will enroll in a qualifying course as provided in paragraph (2) of this subsection, a parent or guardian of the home study student provides to the principal of the resident school and the superintendent of the resident school system: (A) Written notice that the home study student intends to participate in one or more specified extracurricular or interscholastic activities as a representative of the resident school or resident school system; and (B) A copy of the home study student's most recent annual progress assessment report, as provided for in paragraph (8) of subsection (c) of Code Section 20-2-690, along with written verification by the home study program instructor that the home study student is currently receiving a passing grade in each home study program course, is maintaining satisfactory progress toward advancement, and meets the requirements for participation in the specified extracurricular or interscholastic activity; (2) For each semester of the regular school year during any part of which the home study student participates in an extracurricular or interscholastic activity, the home study student enrolls in and attempts to complete one qualifying course;

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(3) The home study student meets established age, academic, behavioral, conduct, disciplinary, residence, zoning, and other rules and requirements applicable to all students for participation in the specified extracurricular or interscholastic activity and provides any supporting documentation required by the resident school; (4) The home study student abides by the same student code of conduct and disciplinary measures and transportation policies as students enrolled at the resident school who are participating in the same extracurricular or interscholastic activity as the home study student; (5) The home study student completes the tryout process or the equivalent for participation in the specified extracurricular or interscholastic activity applicable to all students for participation in the specified extracurricular or interscholastic activity and provides any supporting documentation required by the resident school; and (6) For an extracurricular or interscholastic activity which involves a competitive selection process, the home study student is selected. (d) A student who withdraws from a public school to participate in a home study program shall be ineligible for participation in any extracurricular or interscholastic activity for 12 months from the date of the declaration of intent to utilize a home study program provided to the Department of Education as provided under paragraph (2) of subsection (c) of Code Section 20-2-690. (e) For purposes of this Code section, participation in an extracurricular or interscholastic activity includes participation in the following school-sponsored activities related to the extracurricular or interscholastic activity: tryouts; off-season practice, rehearsal, or conditioning; summer and holiday practice, rehearsal, or conditioning; in-season practice, rehearsal, or conditioning; and all exhibitions, contests, and competitions, including scrimmage, preseason, regular season, postseason, and invitational. (f) A resident school, a resident school system, or an athletic association shall not deny a home study student the opportunity to try out and participate if selected in any extracurricular or interscholastic activities available at the resident school or in the resident school system if the student meets the requirements contained in subsection (c) of this Code section and is not ineligible under subsection (d) of this Code section. (g) No public high school which receives funding under this article shall participate in, sponsor, or provide coaching staff for interscholastic activities which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association that does not deem eligible for participation a home study student who meets the requirements contained in subsection (c) of this Code section and is not ineligible under subsection (d) of this Code section. (h) Home study students shall participate in extracurricular or interscholastic activities on behalf of such home study student's resident school. (i) The specific assigned program of each home study student enrolled in a qualifying course shall be included for a one-sixth segment of the school day, or the block scheduling

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equivalent, by the home study student's resident school system in reports made to the Department of Education as provided in subsection (a) of Code Section 20-2-160."

SECTION 2. Said title is further amended in Code Section 20-2-690, relating to educational entities and requirements for private schools and home study programs, by revising paragraph (6) of subsection (c) as follows:
"(6) The parent or guardian shall have the authority to execute any document required by law, rule, regulation, or policy to evidence the enrollment of a child in a home study program, the student's full-time or part-time status, the student's grades, or any other required educational information. This shall include, but not be limited to, documents for purposes of verification of enrollment by the Department of Driver Services, for the purposes set forth in subsection (a.1) of Code Section 40-5-22, documents required pursuant to Chapter 2 of Title 39 relating to employment of minors, documents for purposes of verification as set forth in subsection (c) of Code Section 20-2-319.6, and any documents required to apply for the receipt of state or federal public assistance;"

SECTION 3. Said title is further amended in Code Section 20-14-33, relating to indicators of quality of learning in individual schools and school systems, comparison to state standards, rating schools and school systems, providing information, and uniform definition of "dropout" and "below grade level," by revising subsection (c) as follows:
"(c)(1) Performance on the indicators of quality of learning, financial efficiency, school climate, and any other indicators the office adopts shall be compared to state standards, progress on improved student achievement, and comparable performance. The standards for comparison shall be established by the office as provided in Code Section 20-14-31, in coordination with the Department of Education. Data and information regarding the standards shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. Financial efficiency may include an analysis of how federal and state funds spent by local school systems impact student achievement and school improvement, and components used to determine financial efficiency may include actual achievement, resource efficiency, and student participation in standardized testing. School climate determinations may utilize data from student health surveys, data on environmental and behavior indicators, data on student behavioral and school-based reactions, and teacher and parent survey instruments. Financial efficiency and school climate shall have one of the following star ratings based upon the factors included in this subsection, as further defined by rules and regulations of the office:
(A) '5-star' schools ranked excellent according to the state determined financial efficiency or school climate index, as appropriate; (B) '4-star' schools ranked above average according to the state determined financial efficiency or school climate index, as appropriate;

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(C) '3-star' schools ranked average according to the state determined financial efficiency or school climate index, as appropriate; (D) '2-star' schools ranked below satisfactory according to the state determined financial efficiency or school climate index, as appropriate; or (E) '1-star' schools ranked unsatisfactory according to the state determined financial efficiency or school climate index, as appropriate. (2) Data and information regarding student discipline shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (3) Each local school system shall publish electronically in a prominent location on its website the reported information regarding student disciplinary and placement actions provided for in subsections (a) and (b) of Code Section 20-2-740 and shall furnish a print copy of the specific information as reported for a particular school to any requester at no charge. Regardless of whether published in electronic or print form, the reported information shall be presented in a format that can be easily understood by parents and other members of the community who are not educators, and such publication shall include such reported information for each school in the local school system. (4) Nothing in this Code section shall be construed to relieve any school system or school administrator or personnel from any obligation to report a violation of a code of student conduct as provided for by law or policy."

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

Approved May 6, 2021.

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EDUCATION THE LEARNING POD PROTECTION ACT; ENACT.

No. 246 (Senate Bill No. 246).

AN ACT

To amend Code Section 20-2-690 of the Official Code of Georgia Annotated, relating to educational entities and requirements for private schools and home study programs, so as to provide for "The Learning Pod Protection Act"; to provide for exemptions applicable to learning pods; to provide for student attendance; to provide for administrative and judicial proceedings; to provide for severability; to provide for a short title; to provide for legislative purpose; 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:

SECTION 1. Code Section 20-2-690 of the Official Code of Georgia Annotated, relating to educational entities and requirements for private schools and home study programs, is amended by adding a new subsection to read as follows:
"(f)(1)(A) This subsection shall be known as 'The Learning Pod Protection Act.' (B) This subsection is necessary to ensure that parents in this state who choose to voluntarily associate to advance the primary education of their children shall not be subject to additional restrictions or regulations. (2) As used in this subsection, the term: (A) 'Learning pod' means a voluntary association of parents choosing to group their children in kindergarten through grade 12 together at various times, to include traditional before and after school hours, or places to participate in or enhance a remote learning option offered by their primary educational program. Payment for services by parents of children who participate in a learning pod does not alter this definition of a learning pod. (B) 'Operation of a learning pod' means the parents of the children participating in the learning pod and any other individuals assisting those parents while engaged in any actions taken to organize, facilitate, or operate the learning pod and any facility, home, or other structure utilized by the learning pod. (C) 'Parent' means the parent or guardian of any child under the age of 18. (D) 'Primary education' means any learning mode or system recognized by the state for a student to participate in education in kindergarten through grade 12. (3) Each learning pod shall remain subject to laws or other legal provisions relating to civil rights, insurance, conflicting interest transactions, the protection of the physical health and safety of its students, and the prevention of unlawful conduct, including unlawful conduct in or near a public school. Otherwise, each learning pod shall be exempt from statutes, rules, regulations, guidelines, or other regulatory provisions imposed by the state, local governments, or local school systems, including, but not limited to, the following: (A) All provisions contained in this title related to elementary and secondary education including, but not limited to, provisions related to staff ratios, staff certifications, background checks, and minimum requirements for instructional space; (B) All regulatory provisions related to the operation of a day-care or child care center or an at-home day care contained in Chapter 1A of this title, including, but not limited to, staff certifications, background checks, and instructional space minimum requirements; provided, however, that this subsection does not alter the regulation of any day-care center, child care center, or home day-care center related to any operations or other matters not directly related to the operation of a learning pod;

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(C) Any state or local building or fire codes applicable to educational or child care facilities; and (D) Any other state or local statute, rule, or code which would not be applicable to any group, building, or facility but for the operation or presence of a learning pod. (4) No state, local, or local school system employee shall initiate or conduct any site inspection, site visit, or other investigation that would not have been initiated or made but for the operation or presence of a learning pod. (5) No school district shall take any action or in any manner discriminate against or otherwise distinguish any student or parent based on their participation in a learning pod. (6) No state agency, local government, or school district shall require that any learning pod be in any manner required to register or otherwise report its existence or anything related to the operation of a learning pod. (7) Participation in a learning pod to facilitate a remote learning option offered by the student's primary education provider shall satisfy all mandatory attendance requirements provided for in Code Section 20-2-690.1. (8) In any administrative or judicial hearing or other action regarding this subsection, the following burdens of proof may be deemed to apply by the presiding officer: (A) Whether any state, local, or local school system law, regulation, guideline, or any other action complies with the requirements of this subsection shall be a judicial question and determined without regard to any assertion of compliance with this subsection; and (B) Any state, local, or local school system adopting a law, regulation, or guideline or taking any other action providing for the operation of learning pods shall be required to establish by clear and convincing evidence that such law, regulation, guideline, or action:
(i) Does not unduly impede on the freedom of parents and guardians to provide care and supervision of their children; (ii) Does not single out educational activities while similar gatherings of children for recreational or social activities remain unregulated; and (iii) Is narrowly tailored to protect the public health and safety. (9) The provisions of this subsection are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not necessarily affect any portions which remain."

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

Approved May 6, 2021.

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PROFESSIONS AND BUSINESSES STATE GOVERNMENT EXEMPT CERTAIN RECORDS FROM DISCLOSURE.

No. 247 (Senate Bill No. 32).

AN ACT

To amend Titles 43 and 50 of the Official Code of Georgia Annotated, relating to professions and businesses and state government, respectively, so as to exempt certain personal records from public disclosure; 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 in Code Section 43-1-2, relating to appointment and general powers of division director, members and meetings of professional licensing boards, examination standards, roster of licensees, and funding, by revising subsection (k) as follows:
"(k) The division director shall prepare and maintain a roster containing the names and addresses of all current licensees for each of the various professional licensing boards. A copy of this roster, except for home addresses of licensees, shall be available to any person upon request at a fee prescribed by the division director sufficient to cover the cost of printing and distribution. The following shall be treated as confidential and need not be disclosed without the approval of the professional licensing board to which application is made:
(1) Applications and other personal information, including home addresses, submitted by applicants, except to the applicant, staff, and the board; (2) Information, favorable or unfavorable, submitted by a reference source concerning an applicant, except to the staff and the board; (3) Examination questions and other examination materials, except to the staff and the board; and (4) The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes."

SECTION 2. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-18-72, relating to when public disclosure not required, by revising paragraph (21) of subsection (a) as follows:

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"(21) Records concerning public employees that reveal the public employee's home address, home telephone number, personal mobile or wireless telephone number, day and month of birth, social security number, insurance information, medical information, mother's birth name, credit card information, debit card information, bank account information, account number, utility account number, password used to access his or her account, financial data and information other than compensation by a government agency, unlisted telephone number if so designated in a public record, and the identity of the public employee's immediate family members or dependents. This paragraph shall not apply to public records that do not specifically identify public employees or their jobs, titles, or offices. For the purposes of this paragraph, the term 'public employee' means any officer, employee, or former employee of:
(A) The State of Georgia or its agencies, departments, or commissions; (B) Any county or municipality or its agencies, departments, or commissions; (C) Other political subdivisions of this state; (D) Teachers in public and charter schools and nonpublic schools; (E) Early care and education programs administered through the Department of Early Care and Learning; or (F) The federal government or its agencies, departments, or commissions;"

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

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

Approved May 6, 2021.

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INSURANCE NONCOVERED EYE CARE SERVICES ACT; CERTAIN ACTIONS BY HEALTH CARE INSURERS OFFERING EYE CARE BENEFIT PLANS CONSTITUTE UNFAIR TRADE PRACTICES.

No. 248 (Senate Bill No. 43).

AN ACT

To amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to the enumeration of unfair methods of competition and unfair or deceptive acts or practices and penalty, so as to provide that certain actions by health care insurers offering eye care benefit

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plans constitute unfair trade practices; to provide for definitions; to provide for a short title; 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. This Act shall be known and may be cited as the "Noncovered Eye Care Services Act."

SECTION 2. Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to the enumeration of unfair methods of competition and unfair or deceptive acts or practices and penalty, is amended by deleting "or" at the end of paragraph (14.2) and by adding a new paragraph to read as follows:
"(14.3)(A) As used in this paragraph: (i) 'Covered eye care services' means those health care services and materials related to the care of the eye and related structures and vision care services for which a health care insurer is obligated to pay for or provide to covered persons under an eye care benefit plan, which includes services for which reimbursement is available under such plan, or for which reimbursement would be available but for the application of contractual limitations such as deductibles, copayments, coinsurance, waiting periods, annual or lifetime maximums, frequency limitations, alternative benefit payments, or any other limitation. (ii) 'Covered person' means any subscriber, enrollee, member, beneficiary, or participant, or his or her dependent, for whom benefits are payable when such person receives eye care services rendered or authorized by an ophthalmologist licensed under Chapter 34 of Title 43 or an optometrist licensed under Chapter 30 of Title 43. (iii) 'Eye care benefit plan' means any individual or group plan, policy contract, or subscription agreement which includes or is for eye care services that is issued, delivered, issued for delivery, or renewed in this state whether by a health care insurer, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical or eye care service corporation, health care plan, or any other person, firm, corporation, joint venture, or other similar business entity that pays for, purchases, or furnishes eye care services to patients, insureds, beneficiaries, or covered dependents in this state. (iv) 'Health care insurer' or 'insurer' means an entity, including but not limited to insurance companies, health care corporations, health maintenance organizations, and preferred provider organizations, authorized by the state to offer or provide health benefit plans, eye care benefit plans, programs, policies, subscriber contracts, or any

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other agreements of a similar nature which compensate or indemnify health care providers for furnishing covered eye care or other health care services. (B) No insurer shall require an ophthalmologist or optometrist to accept as payment an amount set by such insurer for services that are not covered eye care services under the covered person's eye care benefit plan as a condition to join or participate in its provider network. (C) No insurer shall draft, publish, disseminate, or circulate any explanations of benefit forms that include language that directly or indirectly states or implies that an ophthalmologist or optometrist should extend discounts to patients for noncovered eye care services. (D) No insurer shall require an ophthalmologist or optometrist within its provider network to extend any discounts on services that are not covered eye care services; or"

SECTION 3. This Act shall become effective July 1, 2021, and shall apply to all policies or contracts issued, delivered, issued for delivery, or renewed in this state on or after such date.

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

Approved May 6, 2021.

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STATE GOVERNMENT ONEGEORGIA AUTHORITY ACT; ESTABLISH GRANT PROGRAM TO SUPPORT BORDER REGION RETAIL AND TOURISM PROJECTS.

No. 249 (Senate Bill No. 255).

AN ACT

To amend Chapter 34 of Title 50 of the Official Code of Georgia Annotated, relating to the "OneGeorgia Authority Act," so as to provide for a grant program to support border region retail and tourism projects; to provide for criteria; to provide for a definition; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The General Assembly finds that it is in the best interest of this state to:
(1) Increase tourism and competitiveness with bordering states by encouraging the development of retail and tourism projects in border regions; (2) Support the efforts of businesses attempting to expand in or relocate to Georgia by dedicating resources to confront obstacles and barriers that impede economic growth in border regions; and (3) Promote the economic security of the citizens of this state through the retention or development of employment opportunities.

SECTION 2. Chapter 34 of Title 50 of the Official Code of Georgia Annotated, relating to the "OneGeorgia Authority Act," is amended by adding a new Code section to read as follows:
"50-34-19. (a) As used in this Code section, the term 'border region' means any part of the state that lies within 25 miles of a state border. (b) Subject to appropriations, the authority shall establish and administer a grant program to be called the Border Region Retail Tourism Development Program, which shall serve the purpose of awarding grants to eligible applicants to induce businesses to, or assist businesses that intend to, relocate, expand, or construct projects in Georgia rather than a bordering state. (c) The amount of any grant awarded pursuant to this Code section shall be determined by the authority on a case-by-case review of applications consistent with criteria to be prescribed by the authority which shall include, but shall not be limited to, the:
(1) Number and type of jobs retained or created; (2) Total private capital investment; (3) Impact on the state, regional, and community tax base; (4) Degree of local commitment; (5) Consistency with local and regional development goals and objectives; (6) Project readiness and feasibility; (7) Geographic distribution of existing retail and tourism facilities; and (8) Reasonableness of cost estimates. (d) All applications for grants under this Code section shall include a recommendation from a state agency whose statutory powers and duties include community and economic development that the proposed project will significantly develop, promote, and retain trade, commerce, industry, and employment opportunities within the border region and promote the general welfare of the state.

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(e) After reviewing an application, the authority shall submit any pending grant award to the Governor and the commissioner of economic development for approval before such grant shall be awarded. (f) The authority shall adopt such rules and regulations as are reasonable and necessary to implement and administer the grant program established under this Code section."

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

Approved May 6, 2021.

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REVENUE AND TAXATION TITLE AD VALOREM TAX; GRANT COUNTIES OPTION TO REQUIRE MOBILE HOMES TO PROCURE AND DISPLAY DECALS; REVISE TIME FOR PAYMENT OF CERTAIN TAXES.

No. 250 (Senate Bill No. 193).

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 grant counties the option of requiring that mobile homes procure and display decals; to revise the time for payment of related ad valorem taxes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in Code Section 48-5-263, relating to qualifications, duties, and compensation of appraisers, by revising paragraphs (9), (10), and (11) of subsection (b) as follows:
"(9) Compile sales ratio data and furnish the data to the commissioner as directed by the commissioner; (10) Comply with the rules and regulations for staff duties established by the commissioner; and (11) In counties that elect to require decals pursuant to Code Section 48-5-492, inspect mobile homes located in the county to determine if the proper decal is attached to and displayed on the mobile home by the owner as provided by law; notify the residents of

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those mobile homes to which a decal is not attached of the provisions of Code Sections 48-5-492 and 48-5-493; and furnish to the tax collector or tax commissioner a periodic list of those mobile homes to which a decal is not attached."

SECTION 2. Said chapter is further amended by revising Code Section 48-5-492, relating to issuance of mobile home location permits and issuance and display of decals, as follows:
"(a) Each year every owner of a mobile home subject to taxation under this article shall obtain on or before April 1 from the tax collector or tax commissioner of the county of taxation of the mobile home a mobile home location permit. The issuance of the permit by the tax collector or tax commissioner shall, if required by the governing authority of the county in which the mobile home is located, be evidenced by the issuance of a decal, the color of which shall be prescribed for each year by the commissioner. Each decal shall reflect the county of issuance and the calendar year for which the permit is issued. The decal may be prominently attached and displayed on the mobile home by the owner. (b) Except as provided for mobile homes owned by a dealer, no mobile home location permit shall be issued by the tax collector or tax commissioner until all ad valorem taxes due on the mobile home have been paid. Each year every owner of a mobile home situated in this state on January 1 which is not subject to taxation under this article shall obtain on or before April 1 from the tax collector or tax commissioner of the county where the mobile home is situated a mobile home location permit. The issuance of the permit shall, if required by the governing authority of the county in which the mobile home is located, be evidenced by the issuance of a decal which shall reflect the county of issuance and the calendar year for which the permit is issued. The decal may be prominently attached and displayed on the mobile home by the owner."

SECTION 3. Said chapter is further amended by revising Code Section 48-5-493, relating to failure to attach and display decal, penalties, and venue for prosecution, as follows:
"48-5-493. (a)(1) It shall be unlawful to fail to attach and display on a mobile home the decal as may be required by Code Section 48-5-492. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100.00 nor more than $300.00, except that upon receipt of proof of purchase of a decal prior to the date of the issuance of a summons, the fine shall be $50.00; provided, however, that in the event such person owns more than one mobile home in an individual mobile home park, then the maximum fine under this paragraph for such person with respect to such mobile home park shall not exceed $1,000.00.

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(b)(1) It shall be unlawful for any person to move or transport any mobile home which is required to and which does not have attached and displayed thereon the decal as may be required by Code Section 48-5-492. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor and shall be punished by a fine of not less than $200.00 nor more than $1,000.00 or by imprisonment for not more than 12 months, or both. (c) Violation of subsection (a) or (b) of this Code section may be prosecuted in the magistrate court of the county where the mobile home location permit is to be issued in the manner prescribed for the enforcement of county ordinances set forth in Article 4 of Chapter 10 of Title 15."

SECTION 4. Said chapter is further amended by revising Code Section 48-5-495, relating to collection procedure when taxing county differs from county of purchaser's residence, as follows:
"48-5-495. When a mobile home is purchased from a seller who is required to return the mobile home for ad valorem taxation in a county other than the purchaser's county of residence, the tax collector or tax commissioner of the county in which the mobile home is returned for taxation shall collect the required ad valorem taxes due and, at the request of the purchaser, shall transmit to the purchaser an appropriate certificate which shall indicate that all ad valorem taxes due on the mobile home have been paid. Upon receipt of the certificate, the tax collector or tax commissioner of the purchaser's county of residence shall issue the required mobile home location permit and, when applicable, decal."

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

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

Approved May 6, 2021.

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COURTS CRIMINAL PROCEDURE LAW ENFORCEMENT OFFICERS AND AGENCIES SEXUAL ASSAULT REFORM ACT OF 2021; ENACTS.

No. 251 (House Bill No. 255).

AN ACT

To amend Chapter 24 of Title 15 of the Official Code of Georgia Annotated, relating to sexual assault protocol, so as to require certain certifications to be filed; to amend Article 4 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to investigating sexual assault, so as to provide for the retention of evidence of sexual assault when the victim chooses not to immediately report the assault; to provide for a sexual assault case tracking system; to provide for a definition; to provide for reports; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding law enforcement officers and agencies, so as to require law enforcement agencies to enter certain information into the Violent Criminal Apprehension Program established and maintained by the Federal Bureau of Investigation; to provide for the removal of information from such program; to provide for hearing; to provide for a definition; to provide for applicability; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Sexual Assault Reform Act of 2021."

SECTION 2. Chapter 24 of Title 15 of the Official Code of Georgia Annotated, relating to sexual assault protocol, is amended by revising Code Section 15-24-2, relating to establishment of sexual assault protocol and committee, representatives to committee, and annual meeting and review, by adding a new subsection to read as follows:
"(g) The protocol committee shall submit a certification of annual compliance to the Criminal Justice Coordinating Council by December 31 of each year. The Criminal Justice Coordinating Council shall notify the Governor, Lieutenant Governor, Speaker of the House of Representatives, and Chief Justice of the Georgia Supreme Court of any noncompliant judicial circuits."

SECTION 3. Article 4 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to investigating sexual assault, is amended by revising subsection (b) of Code Section 17-5-71, relating to preservation of evidence, as follows:

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"(b) If the victim chooses not to report the alleged sexual assault to law enforcement at the time of evidence collection, the law enforcement agency with jurisdiction shall maintain any physical evidence collected as a result of such alleged sexual assault that contains biological material, including, but not limited to, stains, fluids, or hair samples that relate to the identity of the perpetrator of the alleged sexual assault, for not less than 12 months from the date any such physical evidence is collected."

SECTION 4. Said article is further amended by adding a new Code section to read as follows:
"17-5-74. (a) For the purposes of this Code section, the term 'unreported sexual assault kit' means a sexual assault kit collected from a victim who has consented to the collection of the sexual assault kit but who has not reported the alleged crime to law enforcement. (b) The Criminal Justice Coordinating Council shall create and operate a state-wide sexual assault kit tracking system. The council may contract with state or nonstate entities including, but not limited to, private software and technology providers, for the creation, operation, and maintenance of the system. (c) The state-wide sexual assault kit tracking system shall:
(1) Track the location and status of sexual assault kits throughout the criminal justice process, including the initial collection in sexual assault forensic examinations performed at medical facilities, receipt and storage at law enforcement agencies, receipt and analysis at forensic laboratories, and storage and any destruction after completion of analysis; (2) Designate sexual assault kits as unreported or reported; (3) Allow medical facilities performing sexual assault forensic examinations, law enforcement agencies, prosecutors, the Division of Forensic Sciences of the Georgia Bureau of Investigation, and other entities having custody of sexual assault kits to update and track the status and location of sexual assault kits; (4) Allow victims of sexual assault to anonymously track or receive updates regarding the status of their sexual assault kits; and (5) Use electronic technology or technologies allowing continuous access. (d) The Criminal Justice Coordinating Council may use a phased implementation process in order to launch the sexual assault kit tracking system and facilitate entry and use of the system for required participants. The council may phase initial participation according to region, volume, or other appropriate classifications. All law enforcement agencies and other entities having custody of sexual assault kits shall register for and utilize the system in order to fully participate no later than one year following the effective date of this Code section. The council shall submit a report on the current status and plan for launching the system, including the plan for phased implementation, to the appropriate committees of the legislature and the Governor no later than January 1, 2022. (e) The Criminal Justice Coordinating Council shall submit a report on the state-wide sexual assault kit tracking system to the appropriate committees of the legislature and the

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Governor. The council shall publish the current report on its website. The first report shall be submitted on or before December 31, 2022, and subsequent reports are to be submitted on or before December 31 of each year. Each report shall include the following:
(1) The number of sexual assault kits used by collection sites to conduct forensic medical examinations of assault victims; (2) Of the sexual assault kits used by collection sites to conduct forensic medical examinations, the number of sexual assault kits for which a sexual assault has been reported to law enforcement, sorted by law enforcement agency; (3) The average time for each law enforcement agency to collect reported sexual assault kits from collection sites; (4) Of the sexual assault kits generated for reported cases, the number of sexual assault kits submitted to a laboratory for forensic testing; (5) Of the sexual assault kits submitted for forensic testing, the number of kits for which forensic testing has been completed; (6) The number of sexual assault kits for which a sexual assault has not been reported to law enforcement; and (7) The jurisdictions in which reported sexual assault kits have not been submitted to the Division of Forensic Services of the Georgia Bureau of Investigation in accordance with Code Section 35-1-2. (f) For the purpose of reports submitted under subsection (e) of this Code section, a sexual assault kit shall be assigned to the jurisdiction associated with the law enforcement agency anticipated to receive the sexual assault kit or otherwise having custody of the sexual assault kit. (g) Any public agency or entity, including its officials and employees, and any hospital and its employees providing services to victims of sexual assault shall not be held civilly liable for damages arising from any release of information or the failure to release information related to the state-wide sexual assault kit tracking system, so long as the release was without gross negligence. (h) The Criminal Justice Coordinating Council shall adopt rules as necessary to implement this Code section."

SECTION 5. Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions regarding law enforcement officers and agencies, is amended by adding a new Code section to read as follows:
"35-1-23. (a) As used in this Code section, the term 'data base' means the national data base of the Violent Criminal Apprehension Program established and maintained by the Federal Bureau of Investigation or a successor data base. (b) Each law enforcement agency in this state shall request access from the Federal Bureau of Investigation to enter information into the data base.

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(c) Each law enforcement agency that investigates a homicide or attempted homicide in which the actions of the perpetrator are known or suspected to be serial in nature or are random or sexually oriented; a rape, aggravated sodomy, or aggravated assault with the intent to rape in which the actions of the perpetrator are known or suspected to be serial in nature or in which the assault was committed by a stranger; a missing person case in which the circumstances indicate a strong possibility of foul play; or a case involving unidentified human remains from a known or suspected homicide shall enter into the data base the following information regarding such investigation, as available:
(1) The name and date of birth of the alleged perpetrator; (2) The specific crime being investigated; (3) A description of the manner in which the crime was committed, including any pattern of conduct occurring during the course of multiple crimes suspected to have been committed by the alleged perpetrator; and (4) Any other information required by the Federal Bureau of Investigation for inclusion in the data base. Such information shall be updated with any new developments in the investigation every 60 days thereafter. (d)(1) Any individual who was deemed an alleged perpetrator and who had any information collected pursuant to subsection (c) of this Code section may seek removal of such information by:
(A) Submitting a request in writing for the removal of all such information, along with all supporting documentation regarding such request, to the investigating law enforcement agency; or (B) If the investigating law enforcement agency denies the request to remove such information, the individual may file a petition of removal with the superior court in the jurisdiction of the investigating law enforcement agency. (2) In considering a petition of removal pursuant to this subsection, the court shall consider: (A) Any evidence introduced by the petitioner; (B) Any evidence introduced by the investigating law enforcement agency of the jurisdiction where the petition is filed; and (C) Any other relevant evidence. (3) The court shall order a hearing on the petition if requested by the petitioner. The court may issue an order removing the petitioner's name and information from the data base if the court finds by a preponderance of the evidence that the petitioner's information should be removed from the data base. The court shall send a copy of any order directing the removal of the petitioner's name and information from the data base to the investigating law enforcement agency. (e) Information entered into the data base under this Code section shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50.

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(f) This Code section shall apply to any pending investigation of an allegation of rape, aggravated sodomy, or aggravated assault with intent to rape, regardless of whether the investigation was commenced before, on, or after the effective date of this Code section. (g) This Code section shall not apply to offenses when the victim is at least 14 but less than 16 years of age and the offender is 18 years of age or younger and is not more than four years older than the victim."

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

Approved May 6, 2021.

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EDUCATION STATE GOVERNMENT UNIVERSITY SYSTEM OF GEORGIA; TECHNICAL COLLEGE SYSTEM OF GEORGIA; EXTEND NONLAPSING REVENUE PROVISIONS ALLOWING FOR WRITE OFF OF CERTAIN SUMS; REPORTING REQUIREMENT.

No. 252 (Senate Bill No. 81).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to extend automatic repeals of certain provisions regarding nonlapsing revenue of institutions in the University System of Georgia and the Technical College System of Georgia; to provide for annual reports regarding nonlapsing revenue; to change the name of the Office of College and Career Transitions to the Office of College and Career Academies; to provide for increased technical skills; to provide for collaboration between the Technical College System of Georgia and certain entities to support efforts to recruit new industries and expand existing industries; to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to extend automatic repeals of certain provisions regarding writing off small amounts due to the state; 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 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising Code Section 20-3-86, relating to nonlapsing revenue of institutions in the university system, as follows:
"20-3-86. Revenue collected by any or all institutions in the university system from tuition, departmental sales or services, continuing education fees, technology fees, or indirect cost recoveries shall not lapse. The amount of revenue from tuition that shall not lapse under this Code section shall not exceed 3 percent of the tuition collected. This Code section shall stand repealed on July 1, 2026. Not later than October 15 each year, the board of regents shall provide to the Governor, the chairperson of the House Committee on Appropriations, and the chairperson of the Senate Appropriations Committee a report of all nonlapsing revenue provided for in this Code section from the preceding fiscal year, the anticipated plans for the use of such nonlapsing revenue, the actual expenses paid for from nonlapsing revenue from the previous fiscal year, and the cumulative balance of nonlapsed revenue."

SECTION 1-2. Said title is further amended by revising Code Section 20-4-21.1, relating to nonlapsing revenue of institutions under the Technical College System of Georgia, as follows:
"20-4-21.1. Revenue collected by any or all institutions under the Technical College System of Georgia from tuition, departmental sales or services, continuing education fees, technology fees, or indirect cost recoveries shall not lapse. The amount of revenue from tuition that shall not lapse under this Code section shall not exceed 15 percent of the tuition collected. This Code section shall stand repealed on July 1, 2026. Not later than October 15 each year, the State Board of the Technical College System of Georgia shall provide to the Governor, the chairperson of the House Committee on Appropriations, and the chairperson of the Senate Appropriations Committee a report of all nonlapsing revenue provided for in this Code section from the preceding fiscal year, the anticipated plans for the use of such nonlapsing revenue, the actual expenses paid for from nonlapsing revenue from the previous fiscal year, and the cumulative balance of nonlapsed revenue."

SECTION 1-3. Said title is further amended in Code Section 20-4-37, relating to the Office of College and Career Transitions and powers and duties, by revising subsections (b), (c), and (g) and by adding a new subsection to read as follows:

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"(b) As used in this Code section, the term: (1) 'Board' means the State Board of the Technical College System of Georgia. (2) 'Certification' means a formal process established by the Office of College and Career Academies, and approved by the board, in which college and career academies successfully demonstrate appropriate levels of student achievement and technical skill development, community sustainability, work force development, and school level governance. (3) 'Charter petitioner' means a local board of education, group of local boards of education, private individual, private organization, state or local public entity, or any group of these that submits a petition for a charter in cooperation with one or more postsecondary institutions which have petitioned to establish a college and career academy as a charter school pursuant to Article 31 or Article 31A of Chapter 2 of this title. (4) 'Charter school' shall mean the schools included in paragraph (3) of Code Section 20-2-2062 and in paragraph (5) of Code Section 20-2-2081. (5) 'College and career academy' means a specialized school established as a charter school or pursuant to a contract for a strategic waivers school system or charter system, which formalizes a partnership that demonstrates a collaboration between business, industry, and community stakeholders to advance the technical skills needed for work force development between one or more local boards of education, a private individual, a private organization, or a state or local public entity in cooperation with one or more postsecondary institutions. A charter school, charter system, or strategic waivers school system contract establishing a college and career academy shall include provisions requiring that the college and career academy have a governing board reflective of the school community and the partnership with decision-making authority and requiring that governing board members complete initial and annual governance training, including, but not limited to, best practices on school governance, the constitutional and statutory requirements relating to public records and meetings, and the requirements of applicable statutes and rules and regulations. (6) 'Office' means the Office of College and Career Academies established pursuant to subsection (c) of this Code section. (7) 'Postsecondary institution' means a local technical college, community college, university, or other postsecondary institution operating under the authority of the Technical College System of Georgia or the University System of Georgia or other not for profit postsecondary institution accredited by the Southern Association of Colleges and Schools. (8) 'Start-up costs' means initial operating or capital costs, including, but not limited to, costs of improving real property. (9) 'Supplemental funding' means funding for purposes other than start-up costs which are related to the establishment and operation of college and career academies.

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(c) The Office of College and Career Academies shall be established within the Technical College System of Georgia to coordinate the efforts by the State Board of Education, the University System of Georgia, the Technical College System of Georgia, and other not for profit postsecondary institutions accredited by the Southern Association of Colleges and Schools in the professional development, curriculum support, and development and establishment of college and career academies."
"(g)(1) The office shall establish a certification process, in collaboration with the Department of Education, for approval by the board. The office shall be authorized to certify college and career academies. The State Board of Education shall accept certification by the office as one component of determining compliance with charter and strategic waivers school system or charter system contract requirements. The State Board of Education may request supplemental information from charter petitioners, strategic waivers school systems, or charter systems. (2) Any certification process established pursuant to paragraph (1) of this subsection shall require that the applicant demonstrates how the proposed college and career academy will increase student achievement and technical skill attainment, provide for dual credit and dual enrollment opportunities, increase work based learning opportunities, and address work force development needs; articulates how the collaboration between business, industry, and community stakeholders will advance work force development; demonstrates local governance and autonomy; and shows other benefits that meet the needs of the students and community. (3) Certification by the office shall constitute a positive recommendation to the State Board of Education for renewal of a charter school or charter system pursuant to Code Section 20-2-2064.1 or an extension of a strategic waivers school system contract pursuant to Article 4 of Chapter 2 of this title." "(l) The Technical College System of Georgia shall collaborate with the Workforce Development Board and the Department of Economic Development to support the efforts of College and Career Academies and local economic development partners to assist in the recruitment of new industries and to expand existing industries by, but not limited to, demonstrating the preparation of technically skilled high school graduates to be ready to work within existing industries or industries being recruited to the state."

PART II SECTION 2-1.

Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, is amended in Code Section 50-16-18, relating to writing off small amounts due to the state, by revising subsection (b) as follows:
"(b)(1) All state agencies and departments, in order to preserve public funds, shall be authorized to develop appropriate standards that comply with the policies prescribed by the state accounting officer which will provide a mechanism to consider administratively

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discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount unless the agency or department belongs to the Board of Regents of the University System of Georgia or the Technical College System of Georgia in which case the obligation or charge in favor of the institution under the Board of Regents of the University System of Georgia or the institution of the Technical College System of Georgia may be $3,000.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less, or $3,000.00 or less for the institutions of the Board of Regents of the University System of Georgia or the Technical College System of Georgia, has been deemed to be uncollectable, the proper individual making such determination shall transmit a recapitulation of the efforts made to collect the debt together with all other appropriate information, which shall include a reasonable estimate of the cost to pursue administratively or judicially the account, together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the public's financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state accounting officer in a manner and at such times as are reflected in the standards developed by the state accounting officer and the state agency or department. This paragraph shall stand repealed and reserved effective July 1, 2026. (2) On and after July 1, 2026, all state agencies and departments, in order to preserve public funds, shall be authorized to develop appropriate standards that comply with the policies prescribed by the state accounting officer which will provide a mechanism to consider administratively discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less has been deemed to be uncollectable, the proper individual making such determination shall transmit a recapitulation of the efforts made to collect the debt together with all other appropriate information, which shall include a reasonable estimate of the cost to pursue administratively or judicially the account, together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts

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would be detrimental to the public's financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state accounting officer in a manner and at such times as are reflected in the standards developed by the state accounting officer and the state agency or department."

PART III SECTION 3-1.

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

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

Approved May 6, 2021.

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EDUCATION STATE BOARD OF THE TECHNICAL COLLEGE SYSTEM OF GEORGIA; ALLOW TO AWARD HIGH SCHOOL DIPLOMAS.

No. 253 (Senate Bill No. 204).

AN ACT

To amend Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational, technical, and adult education, so as to provide for the State Board of the Technical College System of Georgia to award high school diplomas; to provide for a pilot program by the State Board of the Technical College System of Georgia which allows students who are 16 years of age or older, who have completed certain coursework requirements, and who have withdrawn from such secondary school, to enroll in the Dual Achieve Program at a technical college of this state and achieve a high school diploma in conjunction with successful completion of the program; to provide for the purposes of the pilot program; to provide for requirements for student eligibility to participate in and complete the program; to provide for waivers and variances; to provide for definitions; to provide for rules and regulations; to provide for a repealer; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for notice requirements for students under age 18 before withdrawing from

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a public secondary school in this state; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I. SECTION 1-1.

Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational, technical, and adult education, is amended in Code Section 20-4-11, relating to powers of the board, by revising paragraphs (1), (2), and (10) and inserting a new paragraph to read as follows:
"20-4-11. The State Board of the Technical College System of Georgia shall be empowered to:
(1) Provide for a comprehensive program of literacy, career, occupational, and technical education for adults and out-of-school youths. Such program shall promote the economic well-being of Georgia citizens by providing high quality postsecondary technical and adult education and literacy programs, services, and activities which are easily accessible by all segments of the adult population who need and can benefit from training, retraining, or upgrade training for employment and which is highly responsive to individuals needing to achieve basic, general, and specialized literacy. Such program shall also provide an opportunity for individuals, including out-of-school youths, who have reached age 16 and who meet certain criteria provided for in this chapter, to attain a high school diploma in conjunction with the completion of one or more other components of the postsecondary technical program. Such program shall also provide a system of schools which is a full partner in the economic development and expansion of the state's economic base and represents a significant asset in the attraction of new business and industry to the state and the expansion of existing business and industry in the state; (2) Establish and promulgate standards, rules, regulations, and policies for the orderly and efficient operation of the Technical College System of Georgia and of postsecondary technical schools, programs, and institutions, including those which it operates and those operated by local and area boards of education, and for the orderly and efficient provision of adult education and literacy programs:
(A) Such standards, rules, regulations, and policies may include but not be limited to developing criteria for the recruitment, employment and retention of faculty and staff; recruitment of students and student admissions; program approval, salaries and salary supplements, tuition, and fees; eligibility of public and private providers of adult literacy education programs for state and federal funds, levels of funding for such providers and associated levels of required provider matching funds; long and short-term planning to include facilities, program standards, and outcome competencies;

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establishing provisions for appropriate recognition of program achievement below the baccalaureate level; soliciting resources from the private sector; industry and education partnerships; research and data collection; representing postsecondary technical and adult literacy education in all forums; and such other functions necessary to assure an effective and efficient state-wide system of postsecondary technical schools and adult literacy education with leadership at the state level; and (B) For adult education and literacy programs, the state board shall establish:
(i) Comprehensive and detailed standards for public and private adult education and literacy providers; and (ii) Standards and requirements for the attainment of a high school equivalency certificate which shall be comparable to the high school graduation requirements set by the State Board of Education for public school programs and which shall also be at least equal to the requirements established for a general educational development (GED) diploma. The state board shall also adopt and administer an instrument to measure the level of achievement required to obtain a high school equivalency certificate; and (iii) Standards and requirements for the attainment of a high school diploma conferred by the state board which shall be comparable to the high school graduation requirements set by the State Board of Education for public school programs;" "(10)(A) Approve a request by a postsecondary technical school or institution governed under this chapter to be named a technical college upon the approval and granting of occupational degree-granting status by the State Board of the Technical College System of Georgia and upon receiving accreditation by the Commission on Colleges of the Southern Association of Schools, the Council on Occupational Education, or any other appropriate accrediting agency approved by the United States Secretary of Education. The use of the name technical college shall not alter the governance of the technical school or institution as established under this chapter nor shall it abridge the authority of the Board of Regents of the University System of Georgia under the Constitution of this state; and (B) Award high school diplomas as provided for in this chapter; and"

SECTION 1-2. Said chapter is further amended by revising Code Section 20-4-18, relating to management and control of adult literacy and postsecondary technical education programs and schools, as follows:
"20-4-18. Subject to the provisions of Code Section 20-4-20, any other Code section of this article to the contrary notwithstanding, all decisions regarding the delivery of adult literacy and postsecondary technical education programs and services to business, industry, and individuals who are 16 years of age or older and who have completed or left the public schools, to include the awarding of high school equivalency certificates and diplomas, shall

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be made by the Technical College System of Georgia. Commensurate with this authority, the system shall exercise state level management and operational control over adult literacy education programs, postsecondary technical schools, and adult vocational centers."

SECTION 1-3. Said chapter is further amended by adding a new article to read as follows:

"ARTICLE 6

20-4-140. (a) As used in this article, the term:
(1) 'Dual Achievement Program' or 'program' means the program provided for in this article. (2) 'Eligible student' means a student who meets the qualifications to participate in the program. (3) 'State board' means the State Board of the Technical College System of Georgia. (4) 'Technical college system' means the Technical College System of Georgia.

20-4-141. (a)(1) The state board shall, in coordination with the State Board of Education, Department of Education, the Department of Juvenile Justice, the Department of Corrections, and the Office of Planning and Budget, establish a pilot program to allow students who meet eligibility requirements to qualify for enrollment in the Dual Achievement Program at a participating unit of the technical college system and, upon successful completion of the program, be awarded a high school diploma. The purpose of the pilot program is to assess the feasibility of implementing a state-funded program for eligible students who have withdrawn from high school to enroll in a unit of the technical college system to participate in an academic and technical education and training program which, upon successful completion, allows the student to earn a high school diploma while also earning a technical college associate degree, a technical college diploma, or technical college certificates of credit in specific career pathways. (2) To implement the pilot program, notwithstanding any other provision of law to the contrary, the State Board of the Technical College System of Georgia and the State Board of Education shall be authorized to waive or provide variances to state rules, regulations, policies, and procedures and to provisions of this title that may be reasonably necessary to meet the goals of the pilot program. Such waivers or variances shall automatically expire at the end of five years unless an earlier expiration is provided for. The State Board of the Technical College System of Georgia and the State Board of Education shall be authorized to seek waivers or variances of federal laws, rules, regulations, policies, and procedures that may be reasonably necessary to meet the goals of the pilot program.

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(3) The pilot program, as determined by the state board, may include up to five units of the technical college system for a period of five years. In an effort to pilot the program under various conditions present in the state, the state board shall seek to include in the pilot program units of the technical college system from various geographic areas in the state. (4) The state board shall review the results of the pilot program and shall no later than February 1 each year during the program provide the General Assembly with a comprehensive report on the program with any recommendations for its continued use and any needed changes in the program. Such report shall include a comprehensive list any such waivers or variances requested as provided for in paragraph (2) of this subsection, a statement of necessity for each request, and whether each request was granted in whole or in part. (b) The pilot program established by the state board pursuant to this article shall provide for the award of a high school diploma to students who successfully complete the program. (c) The state board shall determine the specific competencies concerning the skills and knowledge needed for completion of each component of the program; provided, however, that the state board shall make such determination regarding the skills and knowledge needed to meet the requirements for a high school diploma as provided for in this program in consultation with the State Board of Education and the Department of Education. (d) In order to minimize the risk of prospective students prematurely withdrawing from a secondary school in order to participate in the program, the state board shall provide for preliminary review of academic records, including, but not limited to official secondary school transcripts, submitted by prospective students to determine whether such students meet the requirements provided for in paragraphs (1) and (2) of subsection (e) of this Code Section. If a prospective student meets such requirements, the student shall be so notified and allowed to complete a readiness assessment required by the technical college system. Students who meet the requirements provided for in paragraphs (1) and (2) of subsection (e) of this Code Section and attain a score of admission acceptable on the readiness assessment shall be notified that they are eligible to participate in the program, subject to meeting the requirements provided for in paragraphs (4) and (5) of subsection (e) of this Code Section. (e) To be eligible to participate in the program, a student shall: (1) Be 16 years of age or older; (2) Have completed at least six of the nine following state required ninth and tenth grade level high school courses: 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; (3) Receive a score of admission acceptable on the readiness assessment required by the technical college system; (4) Provide the following:
(A) If an unemancipated minor:

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(i) Verification that the student's parent or legal guardian attended a conference with the student's high school principal or the principal's designee as provided for in subsection (e) of Code Section 20-2-690.1; (ii) A copy of the form provided for in subsection (e) of Code Section 20-2-690.1 signed by the student's parent or legal guardian; (iii) Written acknowledgment by the student's parent or guardian that withdrawal of the student from secondary school may result in loss of eligibility for accommodations, specialized instruction, and other services pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., and Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.A. Section 701, et seq.; and (iv) Written acknowledgment that the high school diploma available through the Dual Achievement Program requires successful completion of the program; or (B) If an emancipated minor or a student who is 18, 19, or 20 years of age: (i) Written acknowledgment that the student has conferred with his or her secondary school principal or the principal's designee or a qualified designated official of the technical college system and discussed alternatives to withdrawing from high school without completing graduation requirements and potential consequences of not having a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities. (ii) Written acknowledgment by the student's parent or guardian that withdrawal of the student from secondary school may result in loss of eligibility for accommodations, specialized instruction, and other services pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., and Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.A. Section 701, et seq.; and (iii) Written acknowledgment that the high school diploma available through the Dual Achievement Program requires successful completion of the program; and (5) Be withdrawn from a public secondary school of this state. (f) The state board shall award a high school diploma to a student enrolled in the program provided for in this article who: (1) Completes all student counseling and assessment requirements of the program; (2) Completes rigorous coursework at a participating unit of the technical college system; and (3) Completes: (A) A technical college associate degree program; (B) A technical college diploma program; or (C) At least two technical college certificate of credit programs in one specific career pathway.

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(g) A student who meets the requirements of subsections (f) of this Code section shall be deemed to have met all graduation requirements of the State Board of Education and shall not be subject to any assessments otherwise required for purposes of graduation. (h) The state board, in consultation with the State Board of Education, Department of Education, the Department of Juvenile Justice, the Department of Corrections, and the Office of Planning and Budget, shall establish rules and regulations to implement the provisions of this article.

20-4-142. This article shall stand repealed on July 1, 2026."

PART II. SECTION 2-1.

Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Code Section 20-2-690.1, relating to mandatory education for children between ages six and sixteen, by revising subsection (e) as follows:
"(e) An unemancipated minor who is older than the age of mandatory attendance as required in subsection (a) of this Code section who has not completed all requirements for a high school diploma who wishes to withdraw from school shall have the written permission of his or her parent or legal guardian prior to withdrawing. Prior to accepting such permission, the school principal or designee shall convene a conference with the child and parent or legal guardian within two school days of receiving notice of the intent of the child to withdraw from school. The principal or designee shall make a reasonable attempt to share with the student and parent or guardian the educational options available, including the opportunity to pursue a general educational development (GED) diploma and the consequences of not having earned a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities. Every local board of education shall adopt a policy on the process of voluntary withdrawal of unemancipated minors who are older than the mandatory attendance age. The policy shall be filed with the Department of Education no later than January 1, 2007. The Department of Education shall provide annually to all local school superintendents model forms for the parent or guardian signature requirement contained in this subsection and updated information from reliable sources relating to the consequences of withdrawing from school without completing all requirements for a high school diploma. Such form shall include information relating to the opportunity to pursue a general educational development (GED) diploma and the consequences of not having earned a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities. Such form shall also include information regarding potential loss of eligibility for accommodations, specialized instruction, and other services pursuant to the

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federal Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., and Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.A. Section 701, et seq. Each local school superintendent shall provide such forms and information to all of its principals of schools serving grades six through twelve for the principals to use during the required conference with the child and parent or legal guardian."

PART III. SECTION 3-1.

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

Approved May 6, 2021.

__________

PUBLIC UTILITIES AND PUBLIC TRANSPORTATION PROHIBITS GOVERNMENTAL ENTITIES FROM ADOPTING POLICIES THAT PROHIBIT THE CONNECTION OR RECONNECTION OF UTILITY SERVICES OR SALES OF CERTAIN FUELS BASED UPON THE TYPE OR SOURCE OF ENERGY OR FUEL.

No. 254 (House Bill No. 150).

AN ACT

To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to prohibit governmental entities from adopting any policy that prohibits the connection or reconnection of any utility service or sales of certain fuels based upon the type or source of energy or fuel; 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 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by adding a new Code section to read follows:
"46-1-6. (a) As used in this Code section, the term:
(1) 'Governmental entity' means any:

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(A) Municipality, public corporation, political subdivision, instrumentality, body politic, authority, district, consolidated government, county, or any board, commission, agency, department, or board of any such entity; (B) State board, commission, agency, department, or board; or (C) Other form of government. (2) 'Policy' means an ordinance, resolution, regulation, code, or any other requirement imposed by a governmental entity. (b) No governmental entity of this state shall adopt any policy that prohibits, or has the effect of prohibiting, based on the type or source of energy or fuel to be delivered: (1) The connection or reconnection of a customer to an electric utility, gas company, or natural, manufactured, or liquefied petroleum gas service; (2) Sales of liquefied petroleum gas, including, but not limited to, directly to a consumer by a retail establishment; or (3) Sales of other liquefied petroleum products. (c) Nothing in this Code section shall limit the ability of a governmental entity to choose utility services for properties owned by such governmental entity."

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

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

Approved May 6, 2021.

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TORTS CONVERSION OF TIMBER; EXEMPTION FROM LIABILITY; DAMAGES.

No. 255 (House Bill No. 90).

AN ACT

To amend Article 3 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages for conversion of timber, so as to provide that certain persons, firms, or corporations who are buyers of land for conversion of timber shall be exempt from certain liabilities; to clarify as to whom a person holding a security interest in land has a right to recover from and the measure of damages for such recovery; to limit damages for certain

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causes of action brought for conversion of timber; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages for conversion of timber, is amended by revising Code Section 51-12-50, relating to measure of damages for converted timber and presumption, as follows:
"51-12-50. (a) When a plaintiff, other than a plaintiff under Code Section 51-12-51, recovers for timber cut or cut and carried away, the measure of damages shall be:
(1) Treble the fair market value of the trees cut as they stood; (2) Treble the diminished fair market value of any trees incidentally harmed; (3) Costs of reasonable reforestation activities related to the plaintiff's injury; and (4) Attorney fees and expenses of litigation. (b) When the defendant is a willful trespasser, the plaintiff may also recover punitive damages. (c) When the boundary lines of the property have been clearly and accurately marked, it shall be presumed that the defendant was a willful trespasser."

SECTION 2. Said article is further amended by revising Code Section 51-12-51, relating to recovery by person holding security interest in land for conversion of timber and use of converted timber by owner, as follows:
"51-12-51. (a) Every person, firm, or corporation who, without the written consent of the person holding legal title to land or to an interest in land as security for debt, as shown by the public records of the county where such land is located, buys, sells, cuts, removes, holds, disposes of, changes the form of, or otherwise converts to the use of such person, firm, corporation, or another any trees growing or grown on such land shall be liable to the holder of the legal title for such trees, in any form, bought, sold, cut, removed, held, disposed of, changed in form, or otherwise converted by such person, firm, or corporation, or for the value of such trees, provided that recovery may not be for more than the unpaid portion of the secured indebtedness, interest thereon, and a reasonable attorney's fee. Recovery may be had by action at law from one who purchases, without the consent of the holder of the legal title, such interest in the trees, mineral or other rights, or interest in the encumbered real estate, either jointly or severally, with the holder of the equitable title. Notwithstanding any other provision of law, any such person, firm, or corporation who is a buyer in the ordinary course of business pursuant to Title 11, the 'Uniform Commercial

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Code,' including, but not limited to, Code Section 11-9-320, shall have no liability under this Code section. (b) The equitable owner of the land shall be allowed to use the timber for such equitable owner's own use, such as for firewood or other necessary uses of timber in and around such equitable owner's farm."

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

Approved May 7, 2021.

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REVENUE AND TAXATION AD VALOREM TAXES; QUALIFIED TIMBERLAND PROPERTY; VALUATION.

No. 256 (House Bill No. 282).

AN ACT

To amend Article 13 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of qualified timberland property, so as to add a definition; to limit the determination of fair market value to a weighted market and income approach to valuation; to revise certain requirements for certification of qualified timberland property; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 13 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of qualified timberland property, is amended by revising Code Section 48-5-600, relating to definitions, as follows:
"48-5-600. As used in this article, the term:
(1) 'Bona fide production of trees' means the good faith, real, actual, and genuine production of trees for commercial uses.
(2)(A) 'Contiguous' means real property within a county that abuts, joins, or touches and has the same undivided common ownership. (B) If an applicant's tract is divided by a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track, then the applicant may make an election at the time of application to declare the tract as

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contiguous irrespective of a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track. (3) 'Qualified owner' means an individual or entity that meets the conditions of Code Section 48-5-603. (4) 'Qualified timberland property' means timberland property that meets the conditions of Code Section 48-5-604. (5) 'Timberland property' means tangible real property that has as its primary use the bona fide production of trees for the primary purpose of producing timber for commercial uses."

SECTION 2. Said article is further amended by revising subsection (d) of Code Section 48-5-602, relating to adoption and maintenance of qualified timberland property manual, as follows:
"(d) Such manual shall contain: (1) Complete parameters for the appraisal of qualified timberland property, which shall be limited to determining the fair market value of qualified timberland property through a market approach to valuation, which shall constitute 50 percent of the value, and an income approach to valuation, which shall constitute 50 percent of the value; (2) A table of regional values for qualified timberland property based on the geographic locations and productivity levels within the state; and (3) A prescription of methods and procedures by which identification data, appraisal and assessment data, sales data, and any other information relating to the appraisal and assessment of property shall be furnished to the department using electronic data processing systems and equipment."

SECTION 3. Said article is further amended by revising Code Section 48-5-604, relating to certification as qualified timberland property, requirements, annual updating, audit, and filing with county tax officials, as follows:
"48-5-604. (a) Upon application by a qualified owner, the commissioner shall certify as qualified timberland property any timberland property that is titled to a qualified owner, provided that:
(1) The timberland property is at least 50 contiguous acres; (2) The production of trees on the timberland property is being done for the purpose of making a profit and is the primary activity taking place on the property; (3) A consistent effort has been clearly demonstrated in land management in accordance with accepted commercial forestry practices, which may include reforestation, periodic thinning, undergrowth control of unwanted vegetation, fertilization, prescribed burning, sales of timber, and maintenance of firebreaks; and (4) Such qualified owner:

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(A) Submits a list of all parcels to the commissioner that contain timberland property and that identify the specific portions of such parcels that such owner certifies are timberland property; and (B) Certifies that such timberland property is used for the bona fide production of trees and that:
(i) There is a reasonable attainable economic salability of the timber products within a reasonable future time; and (ii) The production of trees is being done for the purpose of making a profit and is the primary activity taking place on the property. (b)(1) The qualified owner's submission provided for in paragraph (4) of subsection (a) of this Code section shall be certified by the qualified owner through the submission of an affidavit. Such submission shall be updated annually through the submission of a new affidavit filed together with such qualified owner's return required by subsection (a) of Code Section 48-5-601. For each application or annual update, a qualified owner shall be entitled to submit one such affidavit covering all of the qualified owner's timberland property. With respect to the provisions of subparagraph (a)(4)(B) of this Code section, the requirements shall be satisfied through an attestation by the qualified owner in the required affidavits that the timberland property is used for the bona fide production of trees and is consistently managed with generally accepted commercial forestry practices. If such conditions are not met annually, the real property at issue shall be decertified as qualified timberland property and the commissioner shall notify the respective county tax officials of such decertification by April 15 of the respective year. (2) The commissioner shall be authorized to conduct an audit of any list submitted pursuant to this Code section. (3) With respect to the list of all parcels that contain timberland property that is required to be submitted to the commissioner pursuant to subparagraph (a)(4)(A) of this Code section, the commissioner shall accept: (A) A parcel map drawn by the county cartographer or GIS technician and signed by the county board of assessors and qualified owner; (B) A legal description of the property; (C) A plat of the property prepared by a licensed land surveyor showing the location and measured area of the parcel; or (D) A written legal description of the property delineating the metes and bounds and measured area. (4) With respect to the certification that such timberland property is used for the bona fide production of trees that is required pursuant to subparagraph (a)(4)(B) of this Code section, the qualified owner shall not be required to submit a simple Forest Management Plan. (c) The commissioner shall file certifications of qualified timberland property with the respective county tax officials in which any of such real property exists by April 15 each year."

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

Approved May 7, 2021.

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CONSERVATION AND NATURAL RESOURCES GEORGIA CARBON SEQUESTRATION REGISTRY; INCLUSION OF BUILDING PRODUCTS IN CONSTRUCTION; ALLOWS FOR VOLUNTARY REPORTS OF CERTAIN UTILIZATIONS.

No. 257 (House Bill No. 355).

AN ACT

To amend Article 5 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Carbon Sequestration Registry, so as to provide for the inclusion of building products in construction on the registry; to provide for definitions; to allow participants in the registry to voluntarily report the utilization of carbon sequestration and embodied carbon results; to provide for an advisory committee; to provide for certified third-party organizations to measure the amount of carbon sequestered from building materials that sequester carbon dioxide; to require the State Forestry Commission to publish a list of certified organizations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 5 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Carbon Sequestration Registry, is amended as follows:

"ARTICLE 5

12-6-220. This article shall be known and may be cited as the 'Georgia Carbon Sequestration Registry Act.'

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12-6-221. As used in this article, the term:
(1) 'Building embodied carbon' means the global warming potential results from a whole-building life cycle assessment covering all life cycle stages, such as extraction, transportation, manufacturing, construction, and end-of-life, except operational, as further explained in International Standards Organization 21930: 2017: Sustainability in buildings and civil engineering works- Core rules for environmental product declarations of construction products and services as in existence on January 1, 2021. (2) 'Carbon sequestration results' means the participant's applicable data on the removal of carbon dioxide from the atmosphere by sinks resulting from:
(A) Direct human induced land use change or forestry activities in this state; (B) Additional human induced activities in this state related to removal by sinks in land use change and forestry categories; (C) Additional human induced activities in this state related to removal by sinks in agricultural soils; (D) Additional human induced activities in this state related to removals by sinks in products in use from harvested timber or agricultural crops; (E) Other human induced activities in this state related to removals by sinks; and (F) Construction of buildings in this state that store additional carbon dioxide in building products relative to the building baseline established by the Sustainable Building Material Technical Advisory Committee pursuant to Code Section 12-6-224.1. (3) 'Certification' means the determination of whether a given participant's carbon sequestration result or embodied carbon result has met a minimum quality standard and complied with an appropriate set of approved procedures and protocols for submitting carbon sequestration or embodied carbon information. (4) 'Commission' means the State Forestry Commission. (5) 'Director' means the director of the State Forestry Commission. (6) 'Embodied carbon results' means the participant's applicable data on the reduction in building embodied carbon emissions resulting from the construction of buildings in this state that have less with lower building embodied carbon relative to the building baseline established by the Sustainable Building Material Technical Advisory Committee pursuant to Code Section 12-6-224.1. (7) 'Forest' means lands that support, or can support, at least 10 percent tree canopy cover and that allow for management of one or more forest resources including but not limited to timber, fish and wildlife, biodiversity, water quality, air quality, soil conservation, recreation, aesthetics, or other benefits. (8) 'Global warming potential' means a factor describing the radiative forcing impact of one mass-based unit of a given greenhouse gas relative to an equivalent unit of carbon dioxide over a given period of time, as described in International Standards Organization 14064-1:2006 Greenhouse gases- Part 1: Specification with guidance at the

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organization level for quantification and reporting of greenhouse gas emissions and removals in effect on January 1, 2021. (9) 'Greenhouse gases' means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and nitrogen trifluoride. (10) 'Native forest' means a forest type, natural or artificially regenerated, composed of any one or more tree species identified as native to this state in G. Norman Bishop, Native Trees of Georgia ( State Forestry Commission 2000 revised edition), including without limitation improved stock of such tree species developed through breeding programs. (11) 'Participant' or 'registry participant' means a registrant of carbon sequestration results with the registry. (12) 'Registry' means the Georgia Carbon Sequestration Registry provided for by this article. (13) 'Sink' means an ecosystem or crop or product, including building materials, that absorbs or has absorbed carbon, thereby removing it from the atmosphere and offsetting emissions of carbon dioxide. (14) 'Whole building life cycle assessment' means life cycle assessment, compliant with International Standards Organization (ISO) 14040-14044 series methodology in effect on January 1, 2021, for a building or part of a building, including the foundation and structural skeleton, building envelope, including insulation, external walls, glazing, and roof. The purpose is to assess the environmental impacts of building-related materials and processes within an appropriate functional unit, scope, and boundary.

12-6-222. (a)(1) The commission shall establish a Georgia Carbon Sequestration Registry, which shall be in operation not later than one year after the effective date of this article. (2) The commission may contract with the Georgia Superior Court Clerks' Cooperative Authority to develop and implement a state-wide uniform automated electronic information system for purposes of the registry.
(b) After its establishment, the state-wide uniform automated electronic information system for purposes of the registry shall be maintained by the Georgia Superior Court Clerks' Cooperative Authority or its designated agent in accordance with Code Section 15-6-97.2.

12-6-223. The purpose of the Georgia Carbon Sequestration Registry shall be to do all of the following:
(1) Encourage voluntary actions to reduce greenhouse gas emissions, including, but not limited to, the construction of buildings made out of materials that sequester carbon dioxide; (2) Enable participants to voluntarily record carbon sequestrations made after January 1, 1990, or such other beginning date as may be established by rule or regulation of the commission, in a consistent format that is certified;

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(3) Ensure that sources in the state receive appropriate consideration for certified carbon sequestration results under any future federal or international regulatory regime relating to greenhouse gas emissions; (4) Recognize, publicize, and promote participants in the registry; and (5) Recruit broad participation in the process from all economic sectors and regions of the state.

12-6-224. For purposes of the registry, the commission shall:
(1)(A) Adopt rules or regulations specifying acceptable types of carbon sequestration results consistent with paragraph (1) of Code Section 12-6-221 and this paragraph and providing procedures and protocols for the monitoring, estimating, calculating, reporting, and certification of carbon sequestration results for purposes of participation in the registry. (B) Procedures and protocols relative to forestry activities that are reported as a participant's carbon sequestration results under subparagraph (A) of paragraph (1) of Code Section 12-6-221 shall require, at a minimum, that those forestry activities meet the following criteria in order to be reported as any part of a participant's carbon sequestration results:
(i) Forestry activities shall be based on forest management practices within a defined project area that meet or exceed Georgia's Best Management Practices for Forestry as published by the commission and that are not the subject of any ongoing remediation or penalty pursuant to judicial or administrative judgment or order for violation of any applicable requirements of federal, state, or local land use laws, regulations, or ordinances. Best management practices and federal, state, or local land use laws, regulations, or ordinances shall be those in effect each time a participant registers a defined project area in the registry; (ii) Forestry activities reported as carbon sequestration results shall reflect the amount of time that net carbon gains are stored; and (iii) Forestry activities shall maintain and promote native forests. (C) Procedures and protocols relative to sinks in agricultural soils that are reported as a participant's carbon sequestration results under subparagraph (C) of paragraph (1) of Code Section 12-6-221 shall be adopted by the commission in accordance with the recommendation of the Commissioner of Agriculture. (D) The commission shall consider the availability and suitability of simplified techniques and tools when adopting procedures and protocols for the certification of carbon sequestration results. (E) The procedures and protocols adopted by the commission shall include a uniform format for reporting carbon sequestration results to facilitate their recognition in any future regulatory regime;

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(2) Qualify third-party organizations that have the capability to certify reported baseline carbon sequestration results and that are capable of certifying the participant reported results as provided in this article; and (3) Encourage organizations and individuals from various sectors of the state's economy, and those from various geographic regions of the state, to report carbon sequestration results.

12-6-224.1. (a) The director shall establish the Sustainable Building Material Technical Advisory Committee. The advisory committee shall consist of:
(1) One representative from the Georgia Institute of Technology with expertise in engineering and architecture; (2) One representative with extensive knowledge of and expertise in the Georgia State Minimum Standard Codes; (3) One representative who is a real estate developer or builder; (4) One representative who works in the field of or has expertise in carbon offset protocol development, including carbon accounting rules such as additionality, baseline, leakage, and permanence, and requirements for monitoring and reporting; (5) One representative who has whole building life cycle assessment expertise; and (6) Up to three at-large representatives. (b) The director shall determine the chairperson of the committee. (c) Prior to the first meeting of the advisory committee, the director shall hold a listening session open to members of the public for the purpose of seeking external input on the rules for the Georgia Carbon Sequestration Registry for building materials. (d) The advisory committee shall serve the director in an advisory capacity in the rule-making process for the establishment of two baselines: 1) one from which carbon sequestration of building materials shall be measured; and 2) one from which the building embodied carbon shall be measured. The committee shall use the United States Department of Energy's Commercial Prototype Building Models in effect on January 1, 2021, to establish baseline categories using prototype building occupancies and structural systems. (e) A primary objective of the advisory committee shall be to ensure the interoperability, general alignment, and compatibility of credits derived from the carbon sequestration results of building materials and embodied carbon results with global carbon credit and offset markets, including establishing guidelines for establishing a carbon baseline, additionality, validation, verification, permanence, and co-benefits. (f) The chairperson shall be responsible for calling all meetings of the advisory committee. The committee may conduct such meetings at such places and at such times as it may deem necessary and convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this article.

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(g) A majority of the voting members of the advisory committee shall constitute a quorum. The committee shall take no action except by affirmative vote of the majority of those present and voting. (h) Any vacancies on the advisory committee shall be filled in the same manner as the original appointment. (i) Any member of the committee who, during his or her term of appointment, ceases to meet the qualifications required for the original appointment shall be immediately removed from his or her office. (j) The advisory committee shall stand abolished no later than one year from the date upon which the first meeting of the committee takes place. The committee may be reestablished, at the calling of the director, within five years of its creation in order to make recommendations to the director for updating or amending the rules and regulations of the commission. The director shall appoint new members to the reestablished committee in accordance with subsection (a) of this Code section. (k) Appointed members of the advisory committee shall receive a daily expense allowance in an amount the same as that specified in subsection (b) of Code Section 45-7-21, as well as the mileage or transportation allowance authorized for state employees.

12-6-225. The procedures and protocols for monitoring, estimating, calculating, reporting, and certifying carbon sequestration results established by, or approved pursuant to, this article shall be the only procedures and protocols recognized by the state for the purposes of the registry as described in Code Section 12-6-223.

12-6-226. Procedures and protocols adopted pursuant to subparagraph (B) of paragraph (1) of Code Section 12-6-224 shall not be interpreted or construed as a condition for any lease, permit, license, certificate, or other entitlement for an ongoing use of forest land.

12-6-227. Participation in the registry shall be voluntary, and participants may withdraw at any time.

12-6-228. (a)(1) Participants shall initially report their certified carbon sequestration results for the most recent year for which they have complete data as specified in this article. This shall include sequestration of carbon dioxide from standing trees. After establishing baseline results, participants shall report their certified carbon sequestration results in each subsequent year in order to show changes with respect to their baseline year. Participants may report carbon sequestration results without establishing a baseline for such results or for emissions. Certified carbon sequestration results reported to the registry by a

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participant shall be credited in carbon mass units to an account established for the participant in the registry. (2) For the reporting of embodied carbon results arising from construction of buildings in this state, upon completion of the project, developers shall seek the review of a certified third-party organization that will verify the building embodied carbon from a baseline of standard buildings established by the advisory committee. The commission shall publish and maintain a list of approved certified third-party organizations. Only projects that have been completed after January 1, 2019, shall be considered. After such projects have been verified and validated by a certified third-party organization, the director shall be authorized to determine, charge, and retain an administrative fee from developers for awarding carbon credits to provide for the cost of administering the provisions of this article. (b)(1) Registry credits for certified carbon sequestration results may be sold, purchased, or otherwise transferred in whole or in part without any regard to or effect on or being affected by ownership of other personal property or any real property, and such credits may be retained in whole or in part without any regard to or effect on or being affected by any sale, purchase, or other transfer of other personal property or any real property. (2) In addition to annual reports submitted pursuant to subsection (a) of this Code section, participants shall report to the registry any sales, purchases, or other transfers of registry credits for certified carbon sequestration results, in whole or in part, within ten days after the completion of such transaction, and participants' registry accounts shall be updated to reflect such transfers. (c) The basic unit of participation in the registry shall be a natural person or a legal entity in its entirety such as a corporation or other legally constituted body, a city or county, or a state government agency. (d) Reports to the registry by participants may be filed in the office of the clerk of the superior court in any county of this state.

12-6-229. To support the estimation, calculation, reporting, and certification of carbon sequestration results in a consistent format, the commission, in consultation with the Georgia Superior Court Clerks' Cooperative Authority, shall adopt standardized forms that all participants shall use to calculate, report, and certify emissions results.

12-6-230. (a) Participants registering baseline carbon sequestration results in the registry shall provide certification of their methodologies and results. The commission may, upon recommendation of the director, following a public process, adopt simplified procedures to certify carbon sequestration results as appropriate. Participants shall follow commission approved procedures and protocols in determining carbon sequestration results and supply

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the quantity and quality of information necessary to allow an independent ex post certification of the baseline results reported under this program. (b) The commission shall provide a list of approved third-party organizations recognized as competent to certify carbon sequestration results as provided in this article. The commission shall reopen the qualification process periodically in order for new organizations to be added to the approved list. (c) Where required for certification, organizations approved pursuant to subsection (b) of this Code section shall do all of the following:
(1) Evaluate whether the participant has a program, consistent with commission approved procedures and protocols, in place for preparation and submittal of the information reported under this article; (2) Check, during certification, the reasonableness of the carbon sequestration information being reported for a random sample of estimates or calculations; and (3) Summarize its review in a report to the board of directors, or equivalent governing body, of the participating legal entity or to the participating natural person, attesting to the existence of a program that is consistent with commission approved procedures and protocols and the reasonableness of the reported carbon sequestration results and noting any exceptions, omissions, limitations, or other qualifications to their representations. (d) In conducting certification for a participant under this program, the approved organization shall schedule any meeting or meetings with the participant with a minimum of one week's notice at one or more representative locations and allow the participant to control property access. The meetings shall be conducted in accordance with a protocol that is agreed upon in advance by the participant and the approved organization. The approved organization shall not perform property inspection, direct measurement, monitoring, or testing unless authorized by the participant. (e) To ensure the integrity and constant improvement of the registry program and for the sequestration of carbon dioxide from standing trees, the commission shall perform on a random basis an occasional review and evaluation of participants' carbon sequestration reporting, certifications, and the reasonableness of the information being reported for analysis of estimates or calculations. The director shall report any findings in writing. The director shall include a summary of these findings in the biennial report to the Governor and the General Assembly required by Code Section 12-6-231. (f) As it relates to the registry program for building products that sequester carbon dioxide, the commission shall engage in a review of the standards two years and five years after such registry is established. (g) As is related to the registry program for building embodied carbon, the commission shall engage in a review of the standards two years and five years after such registry is established.

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12-6-231. Not later than two years after the effective date of this article and biennially thereafter, the director shall report to the Governor and the General Assembly on the number of participants in the registry, the amounts of carbon sequestered by those participants, and ways to make the registry more workable for participants that are consistent with the goals and intent of this article.

12-6-232. The commission shall do all of the following:
(1) Develop a process for qualifying third-party organizations recognized by the state as competent to certify the carbon sequestration results of the types of natural persons or legal entities that may choose to participate in this registry, by doing all of the following:
(A) Developing a list of the minimum technical and organizational capabilities and other qualification standards that approved third-party organizations shall meet. Those qualifications shall include the ability to sign an opinion letter, for which they may be held financially at risk, and certifying the participant-reported carbon sequestration results as provided in this article. Such capabilities and standards for third-party organizations related to certification of carbon sequestration results achieved by sinks in agricultural soils under subparagraph (C) of paragraph (1) of Code Section 12-6-221 shall be adopted by the commission in accordance with the recommendation of the Commissioner of Agriculture; (B) Publicizing an applications process or otherwise encouraging interested organizations to submit their qualifications for review; (C) Evaluating applicant organizations according to the list of qualifications described in subparagraph (A) of this paragraph; (D) Determining specific third-party organizations as qualified to certify participants' actual carbon sequestration results in accordance with this article; and (E) Periodically updating the list of approved third-party organizations by doing any of the following:
(i) Reviewing the capabilities of approved organizations; (ii) Reviewing applications of organizations seeking to become approved; and (iii) Determining specific organizations to be added to the approved list and specific organizations no longer qualified to perform the duties of this article; (2) Occasionally, and on a random basis, provide for commission employees to accompany third-party organizations on scheduled visits to observe and evaluate, during any certification visit, both the following: (A) Whether the participant has a program, consistent with commission approved procedures and protocols, in place for the preparation and submittal of the information required under this article; and (B) The reasonableness of the carbon sequestration information being reported for a sample of estimates or calculations; and

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(3) Review future international or federal programs related to greenhouse gas emissions and make reasonable efforts to promote consistency between the state program and these programs and to reduce the reporting burden on participants."

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

Approved May 7, 2021.

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CONSERVATION AND NATURAL RESOURCES PERMIT REQUIRED FOR BURNING WOODS, LANDS, MARSHES, OR OTHER FLAMMABLE VEGETATION; EXCEPTS CERTAIN YARD WASTE FROM PERMITTING.

No. 258 (Senate Bill No. 119).

AN ACT

To amend Code Section 12-6-90 of the Official Code of Georgia Annotated, relating to permit required for burning woods, lands, marshes, or other flammable vegetation, and exceptions, so as to except certain yard waste from permitting; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 12-6-90 of the Official Code of Georgia Annotated, relating to permit required for burning woods, lands, marshes, or other flammable vegetation, and exceptions, is amended by revising subsection (c) as follows:
"(c)(1) It shall not be necessary to obtain a permit otherwise required by subsection (a) of this Code section to burn improved pastures or residue on cultivated crop land if the person, firm, corporation, or association intending to burn such residue shall, prior to such burning, give notice of the approximate time and location thereof to the forest ranger of the county wherein such burning is to be made or to an employee of the forestry unit serving such county who is authorized to grant permits under subsection (a) of this Code section. (2) Unless otherwise provided by local ordinance, or where prohibited by general law or regulation, it shall not be necessary to obtain a permit otherwise required by

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subsection (a) of this Code section to burn leaf piles, yard debris, or hand-piled natural vegetation on the premises at which they occur, provided that the:
(A) Burning takes place between the official sunrise and the official sunset for the location where the burning is taking place; (B) Location of the burning is no less than 25 feet from any woodlands, forestland, and/or open field that contains brush, grass, or other flammable material; (C) Location of the burning is no less than 50 feet from any structure, including outbuildings, sheds, barns, and homes; (D) Person responsible shall attend the burning at all times until completely extinguished and there is no risk for the burning to escape control; (E) Person responsible shall take necessary precautions to prevent escape or spread from the original location; and (F) Person responsible shall be liable for any resulting damage to adjacent properties."

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

Approved May 7, 2021.

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CONSERVATION AND NATURAL RESOURCES AUTHORIZE SALE OF PATRICK'S FISHING PARADISE TO PRIVATE ENTITY.

No. 259 (House Bill No. 619).

AN ACT

To amend Part 2 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the heritage trust program, so as to authorize the sale of Patrick's Fishing Paradise to a private entity; to provide for a procedure for same; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 2 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the heritage trust program, is amended by adding a new paragraph to Code Section 12-3-72, relating to definitions, to read as follows:

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"(4) 'Private entity' means any natural person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other business entity."

SECTION 2. Said part is further amended by revising Code Section 12-3-76, relating to use of heritage preserves and state authorized to transfer interest in heritage preserve property to county or local government upon certain conditions, as follows:
"12-3-76. (a) Heritage preserves shall be held by the state in trust for the benefit of the present and future generations of the people of the State of Georgia. Each heritage preserve shall be put to the designated use or uses which confer the best and most important benefit to the public. Heritage preserves shall not be put to any use other than the dedicated use or uses except pursuant to the following procedure:
(1) A state agency, department, or authority with a direct interest in the use of a heritage preserve must submit in writing a petition to the board that an imperative and unavoidable necessity for such other use exists; (2) Upon receipt of such petition, the board shall give public hearing thereon in the county or counties in which the heritage preserve is located; (3) The board shall consider fully all testimony relative to the proposed use and submit a recommendation to the General Assembly; and (4) The General Assembly may then determine if such use is in the public interest and may by statute approve such other use of the heritage preserve. (b) The State of Georgia and the Department of Natural Resources may convey fee simple title in a property dedicated as a heritage preserve under Code Section 12-3-75 for good and valuable consideration as determined by the State Properties Commission to a willing county or local government pursuant to the following procedures: (1) The department shall submit a request in writing to the board to remove the heritage preserve dedication from the property and to convey the property to the county or local government, subject to the grant of a perpetual conservation easement to the State of Georgia and the department that is consistent with the best and most important uses established in the written recommendation and approval of the Governor dedicating the property as a heritage preserve and the conservation values identified by the department, as well as any other restrictions applicable to the property; (2) The board shall make a determination, after a public hearing, that the removal of the heritage preserve dedication from the property and its conveyance to the county or local government subject to a conservation easement is in the best interest of the State of Georgia; (3) The conveyance is approved by the General Assembly and the State Properties Commission; and

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(4) The department shall file with the Secretary of State and the office of the clerk of the superior court of the county or counties in which the property is located a notice of the removal of the heritage preserve dedication simultaneously with the recordation of the conservation easement in the real property records of the county or counties in which the property is located. (c) Nothing in this Code section shall be construed so as to give county or local governments the authority to assign their interests in property conveyed pursuant to subsection (b) of this Code section to a private entity. (d) Nothing in this Code section shall be construed so as to compel a county or local government to accept conveyance of a heritage preserve, and no conveyance shall take place without the approval of the local governing authority. (e) In the event that a county, local government, or private entity that is in receipt of property pursuant to this Code section determines that it is in the best interest of the county, local government, or private entity, fee simple title to the property may, if approved by the department and the State Properties Commission, revert to the State of Georgia. (1) The State of Georgia and the Department of Natural Resources may convey fee simple title in the property described in paragraph (2) of this subsection, and only said property, for good and valuable consideration as determined by the State Properties Commission to a willing private entity pursuant to the following procedure:
(A) The department shall submit a request in writing to the board to remove the heritage preserve dedication from the property and to convey the property to the private entity, subject to the grant of a perpetual conservation easement to the State of Georgia and the department that is consistent with the best and most important uses established in the written recommendation and the conservation values identified by the department and approval of the Governor dedicating the property as a heritage preserve, as well as any other restrictions applicable to the property; (B) The board shall make a determination, after a public hearing, that the removal of the heritage preserve dedication from the property and its conveyance to the private entity, subject to a conservation easement, is in the best interest of the State of Georgia; (C) The conveyance is approved by the General Assembly and the State Properties Commission; and (D) The department shall file with the Secretary of State and the office of the clerk of the superior court of the county in which the property is located a notice of the removal of the heritage preserve dedication simultaneously with the recordation of the conservation easement in the real property records of the county in which the property is located. (2) All that tract of parcel of land lying and being 8.618 acres located in Land Lots 371 and 372 of the 6th Land District of Berrien County, Georgia, described as follows: Begin at a point located at the intersection of the West city limits of the Town of Enigma, GA, and the North right-of-way line of the abandoned Seaboard Coastline Railroad tracts and from said POINT OF BEGINNING run along said city limits South 05 degrees 45

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minutes 59 seconds West for a distance of 200.00 feet to a point located on the South right-of-way line of said tracts; thence run along said South right-of-way line North 84 degrees 14 minutes 01 seconds West for a distance of 434.95 feet; thence run North 05 degrees 45 minutes 59 seconds East for a distance of 100 feet to a point located on the center line of said tracks; thence run along said center line North 84 degrees 14 minutes 01 seconds West for a distance of 2884.14 feet; thence run North 05 degrees 45 minutes 59 seconds East for a distance of 100 feet to a point located on the North right-of-way line of said tracks; thence run South 84 degrees 14 minutes 01 seconds East along said North right-of-way line for a distance of 3319.09 feet to said POINT OF BEGINNING. Said tract is more particularly described as Tract 13 on that certain plat of survey entitled "Patrick's Fishing Paradise", dated the 22nd day of May, 1989, prepared by R. Bayne Stone for Department of Natural Resources, State of Georgia. Said plat was revised July 11, 1989, and is recorded in Plat Cabinet 1, Slide C-48 in the Clerk's office of Berrien County Superior Court."

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

Approved May 7, 2021.

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REVENUE AND TAXATION SALES AND USE TAXES; EXEMPTION FOR SALE OF CERTAIN WATERCRAFT; PROPERTY TAXES; EXEMPTION FOR CERTAIN AGRICULTURAL EQUIPMENT AND FARM PRODUCTS; REFERENDUM.

No. 260 (House Bill No. 498).

AN ACT

To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to exempt certain sales of mechanically propelled watercraft by a dealer licensed under this article to an individual who resides outside of this state under certain conditions; to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to expand an exemption for agricultural equipment and certain farm products held by certain entities to include entities comprising two or more family owned farm entities; to add dairy products and unfertilized eggs of poultry as qualified farm products with respect to such exemption; to provide for a referendum; to provide for effective dates, applicability, and automatic

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repeal; to provide for compliance with constitutional requirements; 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.

Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, is amended by revising paragraph (33.1) as follows:
"(33.1) Sales of mechanically propelled watercraft by a dealer licensed under this article to an individual who resides outside of this state, provided that:
(A) Such watercraft is to be taken immediately by such individual outside of this state and used exclusively outside of this state; and (B) The purchaser provides documentation of his or her residency to the dealer on a form to be prescribed by the commissioner, which shall be filed with the commissioner together with a copy of the bill of sale;"

PART II SECTION 2-1.

Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, is amended by revising Code Section 48-5-41.1, relating to exemption of qualified farm products and harvested agricultural products from taxation, as follows:
"48-5-41.1. (a) As used in this Code section, the term:
(1) 'Agricultural equipment' means farm tractors, combines, and all other farm equipment other than motor vehicles, whether fixed or mobile, which are owned by or held under a lease-purchase agreement and directly used in the production of farm products by a family owned qualified farm products producer. (2) 'Family owned farm entity' means an entity that has derived 80 percent or more of its gross income from bona fide agricultural uses within this state within the year immediately preceding the year in which the exemption provided by this Code section is sought and that is organized as:
(A) A family corporation, a family partnership, a family general partnership, a family limited partnership, a family limited corporation, or a family limited liability company all of the interest of which is owned by one or more natural or naturalized citizens related to each other within the fourth degree of civil reckoning;

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(B) An entity created by the merger or consolidation of two or more entities that would qualify independently as a family owned farm entity as defined in subparagraph (A) of this paragraph; (C) An estate of which the devisees or heirs are one or more natural or naturalized citizens related to each other within the fourth degree of civil reckoning; or (D) A trust of which the beneficiaries are one or more natural or naturalized citizens related to each other within the fourth degree of civil reckoning. (3) 'Family owned qualified farm products producer' means an individual or family owned farm entity primarily engaged in the direct cultivation of the soil, including soil removed from the land and placed in pots or containers, or operation of land for the production of qualified farm products. A family owned qualified farm products producer shall not include wholesalers, distributors, storage facility owners, manufacturers, processors, or other similar entities that primarily prepare qualified farm products for any intermediate or final market or that primarily operate to move or facilitate the movement of qualified farm products from a producer to any intermediate or final markets. (4) 'Farm products' means only those farm products eligible to qualify for exemption from ad valorem taxation pursuant to the former provisions of paragraph (10) of subsection (a) of Code Section 48-5-41 as it existed prior to January 1, 1999. (5) 'Harvested agricultural products' means only those harvested agricultural products eligible to qualify for exemption from ad valorem taxation pursuant to the former provisions of paragraph (10) of subsection (a) of Code Section 48-5-41 as it existed prior to January 1, 1999. (6) 'Initial production' means: (A) When applied to a laying hen, a period beginning at the time the laying hen comes into production at age six months rather than a period beginning when the laying hen is hatched; or (B) When applied to a brood cow, a period of nine months from the time the brood cow is able to conceive at age 12 months rather than a period beginning when the brood cow is born. (7) 'Lease-purchase agreement' means a financing agreement under which lessee payments are credited toward the purchase of agricultural equipment or that provides for a fixed amount purchase option to a lessee during the lease term. Under a lease-purchase agreement the title of ownership may remain with the lessor during the lease. (8) 'Producer' means any entity that produces farm products. (9) 'Qualified farm products' means livestock; dairy products; unfertilized eggs of poultry; crops; fruit or nut-bearing trees, bushes, or plants; annual and perennial plants; Christmas trees; and plants and trees grown in nurseries for transplantation elsewhere. Qualified farm products shall not include standing timber. (b) The following property shall be exempt from all ad valorem property taxes in this state: (1) All farm products grown in this state and remaining in the hands of the producer during the one year beginning immediately after their initial production;

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(2) Harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured or aged for a period in excess of one year after harvesting and before manufacturing, and which are held in this state for manufacturing and processing purposes; (3) All qualified farm products grown in this state:
(A) Remaining in the hands of a family owned qualified farm products producer; (B) Still in their natural and unprocessed condition, unless processed solely for further use in the production of other qualified farm products; and (C) Not held for direct retail sale by someone other than the original family owned qualified farm products producer; and (4) Agricultural equipment."

SECTION 2-2. The Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting Part II of this Act to the electors of the entire state for approval or rejection. The Secretary of State shall conduct such election on the Tuesday next following the first Monday in November, 2022, and shall issue the call and conduct that election as provided by general law. The Secretary of State shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which expands a state-wide exemption from ad ( ) NO valorem taxes for agricultural equipment and certain farm products held by certain entities to include entities comprising two or more family owned farm entities, and which adds dairy products and unfertilized eggs of poultry as qualified farm products with respect to such exemption?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Part II of this Act shall become of full force and effect on January 1, 2023, and shall be applicable to all tax years beginning on or after such date. If the Act is not so approved or if the election is not conducted as provided in this section, Part II of this Act shall not become effective, and Part II of this Act shall be automatically repealed on the first day of January immediately following that election date. It shall be the duty of each county election superintendent to certify the result thereof to the Secretary of State.

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PART III SECTION 3-1.

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

SECTION 3-2. In accordance with the requirements of Article VII, Section II, Paragraph II(a)(1) of the Constitution of the State of Georgia, Part II of this Act shall not become law unless it receives the requisite two-thirds' majority vote in both the Senate and the House of Representatives.

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

Approved May 7, 2021.

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AGRICULTURE HEMP FARMING; COMPLIANCE WITH FEDERAL LAW; REPORTING; BONDS; DISPOSAL OF LOTS OF HEMP; SAMPLING AND TESTING.

No. 261 (House Bill No. 336).

AN ACT

To amend Chapter 23 of Title 2 of the Official Code of Georgia Annotated, relating to hemp farming, so as to provide for compliance with federal laws and regulations; to revise a definition; to provide for history reports; to provide for surety bonds and breach and investigation of same, to provide for disposal of lots of hemp; to provide for sampling and random testing of hemp; 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 regarding hemp farming, by revising paragraph (10) as follows:

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"(10)(A) 'Process' or 'processing,' except as otherwise provided in subparagraph (B) of this paragraph, means converting an agricultural commodity into a legally marketable form. (B) Such term shall not include:
(i) Merely placing raw or dried material into another container or packaging raw or dried material for resale; or (ii) Traditional farming practices such as those commonly known as drying, shucking and bucking, storing, trimming, and curing."

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 subsection (a) as follows:
"(a) Except as otherwise provided in subsection (b) of this Code section, it shall be unlawful for:
(1) Any person to cultivate, handle, or process hemp in this state unless such person holds a hemp grower license or a hemp processor permit issued by the department pursuant to this chapter or is employed by a licensee or permittee; (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; (4) A permittee to accept for processing any hemp grown outside of the State of Georgia, unless such hemp is grown in a state with a plan to regulate hemp production that is approved by the Secretary of Agriculture of the United States or otherwise in accordance with regulations promulgated by the United States Department of Agriculture; (5) A permittee to process hemp pursuant to a hemp processor permit outside of the State of Georgia, unless such processing occurs in a state with a plan to regulate hemp production that is approved by the Secretary of Agriculture of the United States or otherwise in accordance with regulations promulgated by the United States Department of Agriculture; (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;

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(7) Any person to offer for sale at retail the unprocessed flower or leaves of the hemp plant; or (8) Any person to cultivate or handle hemp in any structure that is used for residential purposes."

SECTION 3. Said chapter is further amended by revising Code Section 2-23-5, relating to procedure for licensing, fees, qualified agricultural producer requirements, and limitations on licenses, as follows:
"2-23-5. (a)(1) Except as otherwise provided in this chapter, application for, consideration and issuance of, and revocation of hemp grower licenses issued by the department pursuant to this Code section shall be accomplished in accordance with Chapter 5 of this title, and such licenses shall otherwise be governed by such chapter. (2) Hemp grower licenses shall be issued for one calendar year at an annual license fee of $50.00 per acre cultivated up to a maximum license fee of $5,000.00.
(b) Any person applying for a hemp grower license shall provide with such application to the department:
(1) A legal description and global positioning coordinates sufficient for locating fields and greenhouses to be used to cultivate and harvest hemp; and (2) Written consent, allowing representatives of the department, the Georgia Bureau of Investigation, and other affected state and local law enforcement agencies to enter all premises where hemp is being cultivated, harvested, or handled for the purpose of conducting physical inspections and ensuring compliance with the requirements of this chapter. (c)(1) Upon receipt of an application for a hemp grower license, the department shall conduct a criminal background check and is authorized to obtain a federal criminal history report in accordance with paragraph (2) of this subsection for an individual or, if the applicant is a business entity, all key participants seeking to obtain a hemp grower license. (2) At least one set of classifiable electronically recorded fingerprints of the individual applicant or, if the applicant is a business entity, 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 individuals or key participants, as applicable.

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(3) 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 who materially falsifies any information contained in a license application. (d)(1) No person shall be issued more than one hemp grower license, nor shall any person be permitted to have a beneficial interest in more than one hemp grower license issued under this chapter, regardless of the degree of such interest. (2) Nothing contained in this subsection shall prohibit the reissuance of a valid hemp grower license if the license has been held by marriage prior to the creation of any of the relationships defined in paragraph (3) of this subsection. (3) For purposes of this subsection:
(A) The term 'person' shall include all members of a licensee's family and all corporations, limited partnerships, limited liability companies, and other business entities in which a licensee holds more than a 50 percent ownership interest; the term 'family' shall include any person related to the holder of the hemp grower license within the first degree of consanguinity and affinity as computed according to the canon law and who is claimed as a dependent by the licensee for income tax purposes; and (B) The beneficiaries of a trust shall be considered to have a beneficial interest in any business forming a part of the trust estate."

SECTION 4. Said chapter is further amended by revising Code Section 2-23-6, relating to procedure for permitting and limitations on permits and interests, as follows:
"2-23-6. (a) Except as otherwise provided in this chapter, consideration, issuance, and revocation of hemp processor permits issued by the department pursuant to this Code section shall be accomplished in accordance with Chapter 5 of this title, and such permits shall otherwise be governed by such chapter. (b) Any person applying for a hemp processor permit pursuant to this Code section shall provide to the department:
(1) A legal description and global positioning coordinates sufficient for locating facilities for processing hemp; (2) Written consent allowing representatives of the department, the Georgia Bureau of Investigation, and other affected state and local law enforcement agencies to enter all premises where hemp is being processed or handled for the purpose of conducting physical inspections and ensuring compliance with the requirements of this chapter; and (3) A surety bond as described in Code Section 2-23-6.1. (c)(1) Upon receipt of an application for a hemp processor permit, the department shall conduct a criminal background check and is authorized to obtain a federal criminal history report in accordance with paragraph (2) of this subsection for an individual or, if the applicant is a business entity, all key participants seeking to obtain a hemp processor permit.

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(2) At least one set of classifiable electronically recorded fingerprints of the individual applicant or, if the applicant is a business entity, 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 individuals or key participants, as applicable. (3) 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 who materially falsifies any information contained in a license application. (d) The department shall annually accept applications for hemp processor permits to be issued by the department. (e) Hemp processor permits shall be issued for one calendar year at an annual permit fee of $25,000.00, so long as no administrative action has been taken by the department regarding such permittee under this chapter. (f) Issuance of any hemp processor permit shall be conditioned upon the permittee's compliance with Code Section 2-23-7 prior to initiating hemp processing activities. (g) A permittee may also apply for and be issued no more than one hemp grower license. (h)(1) No person shall be issued more than one hemp processor permit, nor shall any person be permitted to have a beneficial interest in more than one hemp processor permit issued under this chapter, regardless of the degree of such interest. (2) Nothing contained in this subsection shall prohibit the reissuance of a valid hemp processor permit if the permit has been held by marriage prior to the creation of any of the relationships defined in paragraph (3) of this subsection. (3) For purposes of this subsection:
(A) The term 'person' shall include all members of a licensee's family and all corporations, limited partnerships, limited liability companies, and other business entities in which a licensee holds more than a 50 percent ownership interest; the term 'family' shall include any person related to the holder of the hemp processor permit within the first degree of consanguinity and affinity as computed according to the canon law and who is claimed as a dependent by the licensee for income tax purposes; and (B) The beneficiaries of a trust shall be considered to have a beneficial interest in any business forming a part of the trust estate."

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SECTION 5. Said chapter is further amended by adding a new Code section to read as follows:
"2-23-6.1. (a) Any applicant for a hemp processor permit shall make and deliver to the Commissioner a surety bond executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond applications shall be accompanied by a certificate of good standing issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner within 30 days. The bond shall be in such amount as the Commissioner may determine, not exceeding an amount equal to 2 percent of the amount of hemp purchased from licensees by the permittee in the most recent calendar year; provided, however, that the minimum amount of such bond shall be $300,000.00 and the maximum amount shall be $1,000,000.00. Such bond shall be upon a form prescribed or approved by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to licensees for hemp purchased by such permittee as well as to secure the permittee's compliance with the requirements of this chapter. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given in compliance with this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if the bond of a permittee is canceled, the permit of such permittee shall be immediately revoked by operation of law without notice or hearing, and such permittee shall be ineligible to reapply for such permit for a period of four years after such revocation. (b) Any person claiming that he or she has been damaged by a breach of the conditions of a bond given by a permittee may file a complaint with the Commissioner. Such complaint shall be a written statement of the facts constituting the complaint and must be made within 180 days of the alleged breach. If the Commissioner determines that the complaint is prima facie a breach of the bond, and the matter cannot be amicably resolved within 15 days of the filing of the complaint, the Commissioner shall publish a solicitation for additional complaints regarding breaches of the bond for a period of not less than five consecutive issues in such publications as the Commissioner shall prescribe. Additional complaints must be filed within 60 days following initial public notification of a breach of the bond. Civil actions on the breach of such bond shall not be commenced less than 120 days nor more than 547 days from the initial date of public notification of such breach of the bond. (c) Upon the filing of such complaint in the manner provided in this Code section, the Commissioner shall investigate the charges made and at his or her discretion order a hearing before him or her, giving the complainant and the respondent notice of the filing of such complaint and the time and place of such hearing. At the conclusion of the hearing, the Commissioner shall report his or her findings and render his or her conclusions upon

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the matter complained of to the complainant and respondent in each case, who shall have 15 days thereafter in which to make effective and satisfy the Commissioner's conclusions. (d) If such settlement is not effected within such time, the Commissioner or the licensee may bring an action to enforce the claim. If the licensee is not satisfied with the ruling of the Commissioner, he or she may commence and maintain an action against the principal and surety on the bond of the parties complained of as in any civil action. (e) If the bond or collateral posted is insufficient to pay in full the valid claims of licensees, the Commissioner may direct that the proceeds of such bond shall be divided pro rata among such licensees."

SECTION 6. Said chapter is further amended by revising Code Section 2-23-7, relating to business agreements, transportation, and reimbursement for crop destruction, as follows:
"2-23-7. (a) Every permittee shall at all times have in place written agreements with each licensee governing their business relationship. Each permittee shall provide a copy of each such agreement, and any amendments thereto, to the department within ten days of execution of each such agreement or amendment thereto.
(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. (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

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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. (c) Until December 31, 2022, when a licensee disposes of a lot pursuant to Code Section 2-23-8, the permittee with whom the licensee has entered into an agreement pursuant to this Code section shall reimburse the licensee for half of the amount of the combined value of the seed, fertilizer, labor costs, and any other reasonable and customary input expenses incurred with such disposed of lot."

SECTION 7. Said chapter is further amended by revising Code Section 2-23-8, relating to sampling and 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 lot 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 lot with the same global positioning coordinates shall be disposed of 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 disposed of 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 disposed of in compliance with this chapter and with regulations promulgated by the department."

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

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

Approved May 7, 2021.

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AGRICULTURE GEORGIA SEED DEVELOPMENT COMMISSION; REPEAL PROVISION ON TERMS OF OFFICE FOR APPOINTED MEMBERS; AGRICULTURAL COMMODITIES COMMISSIONS; MEETING BY REMOTE MEANS; REVISE PROCEDURES FOR ISSUING, AMENDING, AND RENEWING MARKETING ORDERS.

No. 262 (Senate Bill No. 247).

AN ACT

To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to repeal and reserve Code Section 2-4-8, relating to terms of office of appointed members of commission and board; to provide for full or partial remote communication with regard to public hearings; to provide for notice of hearings; to revise procedures for issuing, amending, and renewing marketing orders; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by repealing Code Section 2-4-8, relating to terms of office of appointed members of commission and board, and designating said Code section as reserved.

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SECTION 2. Said title is further amended by revising Code Section 2-8-21, relating to issuance of marketing orders authorized, notice, public hearing, record, reports from handlers, compilation of lists of producers and handlers, and use of information in reports, as follows:
"2-8-21. (a) The Commissioner, upon the approval and request of a commission governed by this article, is authorized to issue, administer, and enforce the provisions of marketing orders regulating producer marketing or the handling of agricultural commodities within this state.
(b)(1) Whenever the Commissioner has reason to believe that the issuance of a marketing order or amendments to an existing marketing order will tend to effectuate the declared policy of this article with respect to any agricultural commodity, he or she shall, either upon his or her own motion, upon the motion of any commission, or upon the application of any producer of such commodity or any organization of such persons, give due notice of and an opportunity for a public hearing either in person or wholly or partially by means of remote communication as determined by the Commissioner upon a proposed marketing order or amendments to an existing marketing order. (2) Notice of any hearing called for such purpose shall be given by the Commissioner or the commission by publishing a notice of such hearing for a period of not less than five days on the Commissioner's website and in The Farmers and Consumers Market Bulletin or other similar publication that will effectively notify those affected by such marketing order or amendment. The Commissioner or the commission shall also mail a copy of such notice of hearing and a copy of such proposed marketing order or proposed amendments to all producers of such agricultural commodity whose names and addresses appear upon lists of such persons on file in the department and who may be directly affected by the provisions of such proposed marketing order or such proposed amendments. (3) The hearing and all testimony shall be public. A full and complete record of the proceedings at such hearing shall be made and maintained on file in the office of the Commissioner or the commission. The hearing shall, in all respects, be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing may be conducted by the commission, by a member of the commission, or by the Commissioner, as may be designated by the commission in each instance, but no decision shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the members of the commission have been afforded an opportunity to review the hearing record. Where the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record of the hearing. (c)(1) In order to provide the Commissioner or the commission with accurate and reliable information with respect to the persons who may be directly affected by any proposed marketing order for any agricultural commodity when such information is not then on file in the department, the Commissioner or the commission is authorized and directed,

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whenever the Commissioner or the commission has reason to believe that the issuance of a marketing order will tend to effectuate the declared policy of this article or upon receipt of a written application for a hearing pursuant to subsection (b) of this Code section, to notify all handlers of such agricultural commodity, by publication of a notice as required in paragraph (2) of this subsection, to file with the Commissioner or the commission within ten days from the last date of such publication a report, properly certified, showing:
(A) The correct name and address of such handler; (B) The quantities of the agricultural commodity affected by the proposed marketing order handled by such handler in the marketing season next preceding the filing of such report; (C) The correct names and addresses of all producers of such agricultural commodity who may be directly affected by such proposed marketing order, from whom such handler received such agricultural commodity in the marketing season next preceding the filing of such report; and (D) The quantities of such agricultural commodity received by such handler from each such producer in the marketing season next preceding the filing of such report. (2) The notice to handlers requiring them to file a report shall be published by the Commissioner or the commission for a period of not less than five days on the Commissioner's website and in The Farmers and Consumers Market Bulletin or other similar publication that will effectively notify those affected by such marketing order or amendment. The Commissioner or the commission shall also mail a copy of such notice to all handlers of such agricultural commodity whose names and addresses appear upon the lists on file in the department who may be directly affected by such proposed marketing order. (3) Each handler of an agricultural commodity directly affected by a proposed marketing order shall file his or her verified report with the Commissioner or the commission within the time frame specified in paragraph (1) of this subsection. Failure or refusal of any handler to file such report shall not invalidate any proceeding taken or marketing order issued. The Commissioner or the commission is authorized and directed to proceed upon the basis of such information and reports as may otherwise be available. (4) From the reports so filed and the information so received or available to the Commissioner or the commission, including any proper corrections, the Commissioner or the commission shall prepare a list of the names and addresses of such producers and the volume of such commodity produced or marketed by all such producers and a list of the names and addresses of such handlers and the volume of such commodity handled by all such handlers, directly affected by such proposed marketing order or amendments thereto, in the preceding marketing season. Such lists shall constitute complete and conclusive lists for use in any finding made by the Commissioner or the commission pursuant to subsection (a) of Code Section 2-8-23 and such findings shall be conclusive.

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(5) The information contained in the individual reports of handlers filed with the Commissioner or the commission pursuant to this Code section shall not be made public in such form. The information contained in such reports may be prepared in combined form for use by the Commissioner or the commission, their agents, or other interested persons in the formulation, administration, and enforcement of a marketing order or may be made available pursuant to court order. Such information shall not be made available to anyone for private purposes."

SECTION 3. Said title is further amended by revising Code Section 2-8-23, relating to approval by producers prerequisite to issuance of marketing order or major amendment, notice, rules and regulations, expiration, extensions, and referendum, as follows:
"2-8-23. (a)(1)(A) No marketing order or major amendment thereto, directly affecting producers or producer marketing, issued pursuant to this article, shall be made effective by the Commissioner or the commission until approved in a referendum by two-thirds of a quorum consisting of at least 25 percent of the notified eligible producers who are engaged within the area specified in such marketing order or amendment thereto. (B) No marketing order renewal, directly affecting producers or producer marketing, issued pursuant to this article, shall be made effective by the Commissioner or the Commission until approved in a referendum by two-thirds of the producers who are engaged within the area specified in such marketing order or amendment thereto.
(2) Whenever any marketing order or any major amendment to any marketing order is issued by the commission, the commission shall determine whether assent, approval, or favor thereto of the producers shall be by written assents or by referendum. (3) If the Commissioner or the commission determines that a referendum shall be had, the Commissioner or the commission shall establish a referendum period of 30 days. At the close of such referendum period, the Commissioner or the commission shall count and tabulate the ballots filed during such period. (4) At a public hearing held to consider a proposed marketing order or major amendments to an existing marketing order which directly affect producers or producer marketing, the Commissioner or the commission shall also receive testimony or evidence from which he or she or it can determine whether the assent, approval, or favor of such producers shall be determined by written assents or by referendum as prescribed in this Code section. Upon the conclusion of any hearing which involves a marketing order or a major amendment thereto directly affecting producers or producer marketing, the Commissioner or the commission shall make a finding, based upon the testimony and evidence received, whether producer assent, approval, or favor shall be determined by written assents or by referendum. If the Commissioner or the commission finds that a referendum shall be had, he or she or it shall direct that a referendum be held in accordance with this subsection.

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(5) Any referendum or assent in writing to a marketing order under paragraphs (3), (5), and (6) of subsection (a) of Code Section 2-8-22 shall be held pursuant to this Code section; and upon the approval thereof by two-thirds of those voting therein, where the total vote cast thereon represents not less than 25 percent of those eligible to vote or where the total vote cast thereon represents not less than 25 percent of the total amount of the affected agricultural commodity, such marketing order may be declared by the commission to be approved. (6) In the event of the failure of any proposed marketing order to be approved, no additional referendum thereon shall be held during a period of 12 months from the date of the close of the previous referendum period. (b) Subject to the provisions, restrictions, and limitations imposed in this article, the Commissioner or the commission may issue marketing orders regulating producer marketing and the processing, distributing, or handling in any manner of agricultural commodities by any and all persons engaged in such producer marketing, processing, distributing, or handling of such agricultural commodities within this state. (c)(1) Upon the recommendation of not less than three of the appointive members of the commission, the Commissioner or the commission may make effective minor amendments to a marketing order. The Commissioner or the commission may require a public hearing upon minor amendments if in the Commissioner's or commission's opinion the substance of such minor amendments so warrants. The Commissioner or the commission, however, shall not be required to submit minor amendments for written assents or referendum approval. (2) In making effective major amendments to a marketing order, the Commissioner or the commission shall follow the same procedures prescribed in this article for the institution of a marketing order. For the purpose of this article, a major amendment to a marketing order shall include, but shall not be limited to, any amendment which adds to or deletes from any such marketing order any of the following types of regulations or authorizations:
(A) Authority for regulating the period or periods during which any agricultural commodity or any grade, size, or quality of such commodity may be processed, distributed, or otherwise marketed within this state; (B) Authority for the establishment of uniform grading and inspection of any agricultural commodity and the establishment of grading standards of quality, condition, size, or pack of such commodity; (C) Authority for the establishment of plans for advertising and sales promotion of any agricultural commodity; (D) Authority to prohibit unfair trade practices; (E) Authority for carrying out research studies in the production, processing, or distribution of any agricultural commodity; (F) Authority to increase an assessment rate beyond the maximum rate authorized by the marketing order in effect;

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(G) Authority to extend the application of the provisions of any marketing order to portions or uses of an agricultural commodity not previously subject to such provisions or to restrict or extend the application of such provisions upon the producers or handlers of such portions or uses of such commodity. (3) Modification of any provisions of any marketing order in effect, for the purpose of clarifying the meaning or application of such provisions or of modifying administrative procedures for carrying out such provisions, are declared not to be a major amendment of such marketing order. (d) Upon the issuance of any order making effective a marketing order or any suspension, amendment, or termination thereof, a copy of such notice shall be published as the Commissioner or the commission may prescribe. No marketing order nor any suspension, amendment, or termination thereof shall become effective until the termination of a period of five days from the date of such posting and publication. It shall also be the duty of the Commissioner or the commission to mail a copy of the notice of such issuance to all persons directly affected by the terms of such marketing order, suspension, amendment, or termination whose names and addresses are on file in the office of the Commissioner or the commission and to every person who files in the office of the Commissioner or the commission a written request for such notice. (e) The Commissioner or the commission shall have the power, consistent with this article and in accordance with marketing orders and agreements made effective under this article, to establish such general rules and regulations for uniform application to all marketing orders issued hereunder as may be necessary to facilitate the administration and enforcement of such marketing orders. The provisions of subsection (d) of this Code section relative to publication, mailing of notice, and time of taking effect shall be applicable to any such general rule or regulation established pursuant to this subsection and applicable to marketing orders generally. Such notice shall be furnished by the Commissioner or the commission for each marketing order in active operation. (f) Upon the recommendation of the commission concerned, the Commissioner shall have the power, consistent with this article, to establish administrative rules and regulations for each marketing order issued and made effective as may be necessary to facilitate the supervision, administration, and enforcement of each such order. The provisions of subsection (d) of this Code section relative to, publication, mailing of notice, and time of taking effect shall be applicable to any such administrative rules and regulations. (g) Unless extended as provided in this Code section, all marketing orders issued under the authority of this article shall expire, terminate, and become of no force and effect at the expiration of three years from the date of the issuance of the original marketing order or, if such marketing order has been extended, at the expiration of three years after the date of any such extension. (h) In the event either one of the following conditions is complied with, a marketing order shall be extended for a period of three years after the date of its original expiration:

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(1) Assent has been given in writing to such marketing order by not less than two-thirds of the producers participating; or (2) Approval or favor of such marketing order has been given by producers in a referendum among producers directly affected if at least 66 2/3 percent of the votes cast in such referendum favor the extension of such marketing order. (i) If the Commissioner or the commission determines that a referendum shall be held, the Commissioner or the commission shall establish a referendum period of 30 days, such referendum period to terminate at least 30 days prior to the expiration date of the marketing order which is the subject of such referendum. At the close of such referendum period, the Commissioner or the commission shall count and tabulate the ballots cast during such period. If from such tabulation the Commissioner or the commission finds that the number of producers voting in favor of the extension of such marketing order is not less than 66 2/3 percent of the total number of ballots cast, then such marketing order shall be extended for a period of three years after the expiration date. If it is found from the tabulation of such referendum that the number of producers who had voted in favor of the extension of such marketing order is less than the required 66 2/3 percent of the total number of ballots cast, then the marketing order shall expire, terminate, and be of no force and effect as provided in subsection (g) of this Code section."

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

Approved May 7, 2021.

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LOCAL GOVERNMENT PUBLIC OFFICERS AND EMPLOYEES RESTRICT ABILITY OF LOCAL GOVERNMENTS TO REDUCE FUNDING FOR POLICE DEPARTMENTS; PAYROLL DEDUCTION OF LEGAL INSURANCE PREMIUMS FOR PUBLIC SAFETY EMPLOYEES.

No. 263 (House Bill No. 286).

AN ACT

To amend Chapter 8 of Title 36 of the Official Code of Georgia Annotated, relating to county police, so as to restrict the ability of county governing authorities to reduce funding for county police departments; to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to municipal corporations, so as to restrict the ability of municipal or consolidated government governing authorities to reduce

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funding for municipal police departments; to provide for exceptions; to amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions for public officers and employees, so as to require the state and certain local governments to provide certain public safety employees with the ability to have legal insurance premiums deducted from the employee's payroll; 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 8 of Title 36 of the Official Code of Georgia Annotated, relating to county police, is amended by adding a new Code section to read as follows:
"36-8-8. (a)(1) Except as provided for in paragraph (2) of this subsection, the governing authority of a county that has elected to establish a county police force pursuant to this chapter shall not decrease the annual budgetary appropriation for such police force by more than 5 percent of the previous fiscal year's appropriation for such police force. (2)(A) Paragraph (1) of this subsection shall not apply if actual or anticipated revenues of the county for the applicable fiscal year decrease by more than 5 percent. In such event, the governing authority shall be authorized to decrease the budgetary appropriation for such police force, but in no event shall the budget of the police force be decreased by a greater percentage than the overall percentage decrease in actual or anticipated revenues of the county. (B) Paragraph (1) of this subsection shall not apply if during the previous fiscal year the county made a one-time capital public safety facility, equipment, or software purchase or incurred a one-time legal obligation that increased the annual budgetary appropriation of such police force by more than 4 percent above the annual budgetary appropriation for such police force for the fiscal year immediately preceding the previous fiscal year and the current fiscal year. (b)(1) Except as provided for in paragraph (2) of this subsection, the governing authority of a county that has elected to establish a county police force pursuant to this chapter shall ensure that the annual budgetary appropriations for such police force during a rolling five-year period shall not decrease by more than 5 percent during such time period. (2) Paragraph (1) of this subsection shall not apply if actual or anticipated revenues of the county for the applicable time period decrease by more than 5 percent. In such event, the governing authority shall be authorized to decrease the budgetary appropriation for such police force, but in no event shall the budget of the police force be decreased by a greater percentage than the overall percentage decrease in actual or anticipated revenues of the county.

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(c) Subsections (a) and (b) of this Code section shall not apply if: (1) The governing authority ensures that an equal or greater level of law enforcement services will be provided to the county by either the sheriff or another local government pursuant to an intergovernmental agreement; (2) During the applicable time period, the county is ordered by a court of competent jurisdiction to begin providing a public service at a level such county was not providing prior to the issuance of such court order necessitating county-wide budgetary adjustments; or (3) Whenever a governing authority shall propose to adopt a police department budget which would exceed any limits in subsections (a) and (b) of this Code section, it shall adopt that budget rate at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction. The governing authority shall also place an advertisement in a newspaper of general circulation serving the residents of the unit of local government and post such advertisement on the website of the governing authority, which describes the proposed percentage reduction in police services from the previous year's appropriation for police services. At least one week prior to the meeting of the governing authority at which adoption of the budget rate will be considered, the governing authority shall conduct a public hearing, at which time any persons wishing to be heard on the budget reduction may appear.
(d) This Code section shall not apply to any county police force employing less than 25 full-time or part-time certified law enforcement officers."

SECTION 2. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to municipal corporations, is amended by adding a new Code section to read as follows:
"36-60-28. (a)(1) Except as provided in paragraph (2) of this subsection, the governing authority of a municipality that has established a municipal police force shall not decrease the annual budgetary appropriation for such police force by more than 5 percent of the previous fiscal year's appropriation for such police force. (2)(A) Paragraph (1) of this subsection shall not apply if actual or anticipated revenues of the municipality for the applicable fiscal year decrease by more than 5 percent. In such event, the governing authority shall be authorized to decrease the budgetary appropriation for such police force, but in no event shall the budget of the police force be decreased by a greater percentage than the overall percentage decrease in actual or anticipated revenues of the municipality. (B) Paragraph (1) of this subsection shall not apply if during the previous fiscal year the municipality made a one-time capital public safety facility, equipment, or software purchase or incurred a one-time legal obligation that increased the annual budgetary appropriation of such police force by more than 4 percent above the annual budgetary

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appropriation for such police force for the fiscal year immediately preceding the previous fiscal year and the current fiscal year. (b)(1) Except as provided for in paragraph (2) of this subsection, the governing authority of a municipality that has established a municipal police force shall ensure that the annual budgetary appropriations for such police force during a rolling five-year period shall not decrease by more than 5 percent during such time period. (2) Paragraph (1) of this subsection shall not apply if actual or anticipated revenues of the municipality for the applicable time period decrease by more than 5 percent. In such event, the governing authority shall be authorized to decrease the budgetary appropriation for such police force, but in no event shall the budget of the police force be decreased by a greater percentage than the overall percentage decrease in actual or anticipated revenues of the municipality. (c) Subsections (a) and (b) of this Code section shall not apply if: (1) The governing authority ensures that an equal or greater level of law enforcement services will be provided to the municipality by another local government pursuant to an intergovernmental agreement; (2) During the applicable time period, the municipality is ordered by a court of competent jurisdiction to begin providing a public service at a level such municipality was not providing prior to the issuance of such court order necessitating city-wide budgetary adjustments; or (3) Whenever a governing authority shall propose to adopt a police department budget which would exceed any limits provided for in subsections (a) and (b) of this Code section, it shall adopt that budget rate at an advertised public meeting and at a time and place convenient to the taxpayers of the taxing jurisdiction. The governing authority shall also place an advertisement in a newspaper of general circulation serving the residents of the unit of local government and post such advertisement on the website of the governing authority, which describes the proposed percentage reduction in police services from the previous year's appropriation for police services. At least one week prior to the meeting of the governing authority at which adoption of the budget rate will be considered, the governing authority shall conduct a public hearing, at which time any persons wishing to be heard on the budget reduction may appear. (d) This Code section shall also apply to any consolidated government that operates a police force, and such police force shall be considered a municipal police force for the purposes of this Code section. (e) This Code section shall not apply to any municipal police force employing less than 25 full-time or part-time certified law enforcement officers."

SECTION 3. Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions for public officers and employees, is amended by adding a new Code section to read as follows:

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"45-1-8. (a) As used in this Code section, the term:
(1) 'Correctional officer' means any person who is authorized to exercise the power of arrest and who is employed or appointed by the Department of Corrections or the State Board of Pardons and Paroles. (2) 'Emergency health worker' means hospital emergency department personnel and emergency medical services personnel. (3) 'ERISA' means the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. (4) 'Firefighter' shall have the same meaning as set forth in Code Section 25-4-2. (5) 'Highway emergency response operator' means a person employed by the Department of Transportation who operates a towing or recovery vehicle or highway maintenance vehicle. (6) 'Jail officer' means any person who is employed or appointed by a county or municipality and who has the responsibility of supervising inmates confined in a municipal or county detention facility. (7) 'Juvenile correctional officer' means any person employed or appointed by the Department of Juvenile Justice whose primary responsibility is the supervision and control of youth confined in its programs and facilities. (8) 'Probation officer' means a community supervision officer, county or Department of Juvenile Justice juvenile probation officer, or probation officer serving pursuant to Article 6 of Chapter 8 of Title 42. (9) 'Public safety employee' means a peace officer, correctional officer, emergency health worker, firefighter, highway emergency response operator, jail officer, juvenile correctional officer, or probation officer. (b) The State of Georgia and the governing authority of each county and municipality that currently provides electronic payroll deposits to employees shall also provide payroll deductions to any full-time or part-time public safety employee who requests such a deduction for the purpose of purchasing insurance that provides such public safety employee with legal representation during all civil, administrative, or criminal actions caused as a result of his or her role or responsibilities as a public safety employee. Such deduction shall only be used to pay the premiums on insurance plans that are compliant within current ERISA standards and any dues or fees required by any professional organization that owns and provides such ERISA compliant product as a benefit of membership."

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

Approved May 7, 2021.

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CRIMINAL PROCEDURE LAW ENFORCEMENT OFFICERS AND AGENCIES PROFESSIONS AND BUSINESSES TORTS REVISE CERTAIN ARREST POWERS.

No. 264 (House Bill No. 479).

AN ACT

To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to revise certain arrest powers; to provide for arrests by a law enforcement officer outside of the jurisdiction of his or her employing law enforcement agency under certain circumstances; to revise the grounds for arrest by a private person; to repeal in its entirety Article 4 of Chapter 4, relating to arrest by private persons; to provide for definitions; to provide for the detaining of certain persons reasonably suspected of having committed certain crimes under certain circumstances; to provide for procedures; to conform a reference; to amend Article 5 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to motor carrier compliance division, so as to provide for the powers of detention by a weight inspector; to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to repeal certain powers of detention for licensees or registrants under such chapter; to amend Article 4 of Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to detention or arrest on suspicion of shoplifting or film piracy, so as to provide for certain immunity from liability for certain owners and operators of retail establishments and food service establishments and their agents and employees for the detention of certain individuals; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subsection (a) of Code Section 17-4-20, relating to authorization of arrests with and without warrants generally, use of deadly force, adoption or promulgation of conflicting regulations, policies, ordinances, and resolutions, and authority of nuclear power facility security officer, as follows:
"(a)(1) An arrest for a crime may be made by a law enforcement officer: (A) Under a warrant; or (B) Without a warrant if: (i) The offense is committed in such officer's presence or within such officer's immediate knowledge; (ii) The offender is endeavoring to escape;

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(iii) The officer has probable cause to believe that an act of family violence, as defined in Code Section 19-13-1, has been committed; (iv) The officer has probable cause to believe that the offender has violated a criminal family violence order, as defined in Code Section 16-5-95; provided, however, that such officer shall not have any prior or current familial relationship with the alleged victim or the offender; (v) The officer has probable cause to believe that an offense involving physical abuse has been committed against a vulnerable adult, who shall be for the purposes of this subsection a person 18 years old or older who is unable to protect himself or herself from physical or mental abuse because of a physical or mental impairment; or (vi) For other cause there is likely to be failure of justice for want of a judicial officer to issue a warrant. (2) Except where otherwise provided by law with respect to a law enforcement officer's jurisdictional duties and limitations, a law enforcement officer may make an arrest for an offense outside of the jurisdiction of the law enforcement agency by which he or she is employed without a warrant: (A) If the offense is committed in such officer's presence or within such officer's immediate knowledge; (B) When in immediate pursuit of an offender for an offense committed within the jurisdiction of the law enforcement agency that employs such law enforcement officer; or (C) While aiding or assisting another law enforcement officer in the jurisdiction of the law enforcement agency employing such other law enforcement officer. (3) Nothing in paragraph (2) of this subsection shall be construed as limiting sheriffs or deputy sheriffs in the performance of the duties and responsibilities imposed on them by the Constitution and laws of this state."

SECTION 2. Said title is further amended by repealing in its entirety Article 4 of Chapter 4, relating to arrest by private persons, and designating it as reserved.

SECTION 3. Said title is further amended in Chapter 4, relating to arrest of persons, by adding a new article to read as follows:

"ARTICLE 5

17-4-80. (a) As used in this article, the terms:
(1) 'Food service establishment' shall have the same meaning as provided in Code Section 26-2-370.

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(2) 'Law enforcement unit' shall have the same meaning as provided in Code Section 35-8-2. (3) 'Owner' means any person or his or her agent or employee who owns or operates a retail establishment or a food service establishment or any business owning personal property located on their own property or on the property of others on which they are conducting their business activities. (4) 'Retail establishment' shall have the same meaning as provided in Code Section 16-7-2. (b) A private person may detain an individual if such private person is: (1) An owner of a retail establishment who has reasonable grounds to believe that the individual sought to be detained has committed or attempted to commit the offense of theft by shoplifting as set forth in Code Section 16-8-14, refund fraud as set forth in Code Section 16-8-14.1, or theft by unlawful use of retail sales receipts or Universal Product Code labels as set forth in Code Section 16-8-17; (2) An owner of a food service establishment who has reasonable grounds to believe that the individual sought to be detained has committed or attempted to commit theft by taking as set forth in Code Section 16-8-2 or theft of services as set forth in Code Section 16-8-5; (3) An owner of any business entity operating on their own property or on the property of others on which they are doing business who have reasonable grounds to believe that the individual sought to be detained has committed or attempted to commit theft by taking as set forth in Code Section 16-8-2 or theft of services as set forth in Code Section 16-8-5; (4) A weight inspector under Article 5 of Chapter 2 of Title 35 when needed for purposes of performing his or her duties under such article; or (5) A licensee or registrant under Chapter 38 of Title 43 when needed in the performance of his or her business conducted in conformance with such chapter. (c) A private person who detains an individual under this Code section shall either release said individual or, within a reasonable time, contact the law enforcement unit with appropriate jurisdiction. An individual detained by a private person under this Code section who is not released shall be surrendered to a law enforcement officer together with any personal belongings removed from such individual. (d)(1) Nothing in this subsection shall be construed as limiting or altering any immunity or defense under Article 2 of Chapter 3 of Title 16. (2) Except in circumstances involving use of force in defense of self or others, involving use of force in defense of a habitation, or involving use of force to prevent the commission of a forcible felony, a person acting pursuant to this Code section shall not use force which is intended or likely to cause great bodily harm or death, but may use reasonable force to the extent that he or she reasonably believes is necessary to detain an individual."

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SECTION 4. Said title is further amended by revising paragraph (1) of subsection (c) of Code Section 17-6-1, relating to where offenses bailable, procedure, schedule of bails, and appeal bonds, as follows:
"(c)(1) In the event a person is detained in a facility other than a municipal jail for an offense which is bailable only before a judge of the superior court, as provided in subsection (a) of this Code section, and a hearing is held pursuant to Code Section 17-4-26, the presiding judicial officer shall notify the superior court in writing within 48 hours that the arrested person is being held without bail. If the detained person has not already petitioned for bail as provided in subsection (d) of this Code section, the superior court shall notify the district attorney and shall set a date for a hearing on the issue of bail within 30 days after receipt of such notice."

SECTION 5. Article 5 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to motor carrier compliance division, is amended by revising subsection (d) of Code Section 35-2-102, relating to weight inspector positions, training, powers and responsibilities, and limits on responsibilities, as follows:
"(d) At all times while a weight inspector is on duty, there shall be a supervisor over the weight inspector also on duty who shall be a certified peace officer."

SECTION 6. Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, is amended by repealing Code Section 43-38-13, relating to arrest powers of licensees and registrants, in its entirety and designating such Code section as reserved.

SECTION 7. Article 4 of Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to detention or arrest on suspicion of shoplifting or film piracy, is amended by revising Code Section 51-7-60, relating to preclusion of recovery for detention or arrest of person suspected of shoplifting under certain circumstances, as follows:
"51-7-60. Whenever the owner or operator of a retail establishment as defined in Code Section 16-7-2 or a food service establishment as defined in Code Section 26-2-370 or any agent or employee thereof detains or causes to be detained any person pursuant to Code Section 17-4-80 and any person who detains or causes to be detained a person while acting pursuant to Article 2 of Chapter 3 of Title 16 wherein the person so detained brings an action for false arrest or false imprisonment against such owner, operator, agent, employee, or person, no recovery shall be had by the plaintiff in such action when it is established by competent evidence:

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(1) That the plaintiff had so conducted himself or herself or behaved in such manner as to cause a person of reasonable prudence to believe that the plaintiff, at or immediately prior to the time of the detention, was committing an:
(A) Offense authorized for detention pursuant to Code Section 17-4-80; or (B) Act which caused a detention which was justified as provided in Article 2 of Chapter 3 of Title 16; and (2) That the manner of the detention and the length of time during which such plaintiff was detained was under all the circumstances reasonable."

SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall not apply to rights and duties that matured, penalties that were incurred, or proceedings that were begun before the effective date of this Act.

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

Approved May 10, 2021.

__________

INSURANCE ENSURING TRANSPARENCY IN PRIOR AUTHORIZATION ACT; ENACTS.

No. 266 (Senate Bill No. 80).

AN ACT

To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide additional standards for utilization review; to provide for statutory construction; to provide for applicability; to provide for definitions; to provide for a short title; 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. This Act shall be known and may be cited as the "Ensuring Transparency in Prior Authorization Act."

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SECTION 2. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Chapter 46, relating to certification of private review agents, as follows:

"ARTICLE 1

33-46-1. This chapter shall be construed liberally to promote consumer protection.

33-46-2. (a) This chapter applies to:
(1) Private review agents; (2) Utilization review entities; (3) All health insurers and stand-alone dental plans that provide accident and sickness insurance products whether on an individual, group, or blanket basis as provided in this title; (4) All administrators of such products licensed in accordance with Article 2 of Chapter 23 of this title; (5) All pharmacy benefits managers; (6) All contracts entered into or renewed by the Department of Community Health with a contracted entity to provide healthcare coverage or services pursuant to the state health benefit plan; and (7) All contracts entered into or renewed by the Department of Community Health and care management organizations to provide or arrange for healthcare coverage or services on a prepaid, capitated basis to members.

33-46-3. (a) The purpose of this chapter is to promote the delivery of quality healthcare in Georgia. Furthermore, it is to foster the delivery of such care in a cost-effective manner through greater coordination between healthcare providers, claim administrators, insurers, employers, patients, private review agents, and utilization review entities; to improve communication and knowledge of healthcare benefits among all parties; to protect patients, claim administrators, insurers, private review agents, employers, and healthcare providers by ensuring that utilization review activities are based upon accepted standards of treatment and patient care; to ensure that such treatment is accessible and done in a timely and effective manner; and to ensure that private review agents and utilization review entities maintain confidentiality of information obtained in the course of utilization review. (b) In order to carry out the intent and purposes of this chapter, it is declared to be the policy of this chapter to protect Georgia residents by imposing minimum standards on private review agents and utilization review entities who engage in utilization review with respect to healthcare services provided in Georgia, such standards to include regulations

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concerning certification of private review agents and utilization review entities, disclosure of utilization review standards and appeal procedures, minimum qualifications for utilization review personnel, minimum standards governing accessibility of utilization review, and such other standards, requirements, and rules or regulations promulgated by the Commissioner which are not inconsistent with the foregoing. Notwithstanding the foregoing, it is neither the policy nor the intent of the General Assembly to regulate the terms of self-insured employee welfare benefit plans as defined in Section 31(I) of the Employee Retirement Income Security Act of 1974, as amended, and therefore any regulations promulgated pursuant to this chapter shall relate only to persons subject to this chapter.

33-46-4. As used in this chapter, the term:
(1) 'Adverse determination' means a determination based on medical necessity made by a private review agent or utilization review entity not to grant authorization to a hospital, surgical, or other facility or to a healthcare provider's office for admission, extension of an inpatient stay, or a healthcare service or procedure. (2) 'Authorization' means a determination by a private review agent or utilization review entity that a healthcare service has been reviewed and, based on the information provided, satisfies the utilization review entity's requirements for medical necessity. (3) 'Care management organization' means an entity that is organized for the purpose of providing or arranging healthcare, which has been granted a certificate of authority by the Commissioner of Insurance as a health maintenance organization pursuant to Chapter 21 of this title and which has entered into a contract with the Department of Community Health to provide or arrange for healthcare services on a prepaid, capitated basis to members. (4) 'Certificate' means a certificate of registration granted by the Commissioner to a private review agent. (5) 'Claim administrator' means any entity that reviews and determines whether to pay claims to covered persons on behalf of the healthcare plan. Such payment determinations are made on the basis of contract provisions including medical necessity and other factors. Claim administrators may be insurers or their designated review organization, self-insured employers, management firms, third-party administrators, or other private contractors. (6) 'Clinical criteria' means the written policies, decisions, rules, medical protocols, or guidelines used by a private review agent or utilization review entity to determine medical necessity. (7) 'Clinical peer' means a healthcare provider who is licensed without restriction or otherwise legally authorized and currently in active practice in the same or similar specialty as that of the treating provider, and who typically manages the medical condition or disease at issue and has knowledge of and experience providing the healthcare service or treatment under review.

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(8) 'Covered person' means an individual, including, but not limited to, any subscriber, enrollee, member, beneficiary, participant, or his or her dependent, eligible to receive healthcare benefits by a health insurer pursuant to a healthcare plan or other health insurance coverage. (9) 'Emergency healthcare services' means healthcare 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. (10) 'Facility' means a hospital, ambulatory surgical center, birthing center, diagnostic and treatment center, hospice, or similar institution. Such term shall not mean a healthcare provider's office. (11) 'Health insurer' or 'insurer' means an accident and sickness insurer, care management organization, healthcare corporation, health maintenance organization, provider sponsored healthcare corporation, or any similar entity regulated by the Commissioner. (12) 'Healthcare plan' means any hospital or medical insurance policy or certificate, qualified higher deductible health plan, stand-alone dental plan, health maintenance organization or other managed care subscriber contract, the state health benefit plan, or any plan entered into by a care management organization as permitted by the Department of Community Health for the delivery of healthcare services. (13) ' Healthcare provider' means any person, corporation, facility, or institution licensed by this state or any other state to provide or otherwise lawfully providing healthcare services, including but not limited to a doctor of medicine, doctor of osteopathy, hospital or other healthcare facility, dentist, nurse, optometrist, podiatrist, physical therapist, psychologist, occupational therapist, professional counselor, pharmacist, chiropractor, marriage and family therapist, or social worker. (14) 'Healthcare service' means healthcare procedures, treatments, or services provided by a facility licensed in this state or provided within the scope of practice of a doctor of medicine, a doctor of osteopathy, or another healthcare provider licensed in this state. Such term includes but is not limited to the provision of pharmaceutical products or services or durable medical equipment. (15) 'Medical necessity' or 'medically necessary' means healthcare services that a prudent physician or other healthcare provider would provide to a patient for the purpose of preventing, diagnosing, or treating an illness, injury, or disease or its symptoms in a manner that is: (A) In accordance with generally accepted standards of medical or other healthcare practice;

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(B) Clinically appropriate in terms of type, frequency, extent, site, and duration; (C) Not primarily for the economic benefit of the health insurer or for the convenience of the patient, treating physician, or other healthcare provider; and (D) Not primarily custodial care, unless custodial care is a covered service or benefit under the covered person's healthcare plan. (16) 'Member' means a Medicaid or PeachCare for Kids recipient who is currently enrolled in a care management organization plan. (17) 'Pharmacy benefits manager' means a person, business entity, or other entity that performs pharmacy benefits management. Such 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 healthcare plan. Such term shall not include services provided by pharmacies operating under a hospital pharmacy license. Such term shall 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. Such term shall 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. (18) 'Prior authorization' means any written or oral determination made at any time by a claim administrator or an insurer, or any agent thereof, that a covered person's receipt of healthcare services is a covered benefit under the applicable plan and that any requirement of medical necessity or other requirements imposed by such plan as prerequisites for payment for such services have been satisfied. The term 'agent' as used in this paragraph shall not include an agent or agency as defined in Code Section 33-23-1. (19) 'Private review agent' means any person or entity which performs utilization review for: (A) An employer with employees who are treated by a healthcare provider in this state; (B) An insurer; or (C) A claim administrator. (20) 'State health benefit plan' means the health insurance plan or plans established pursuant to Part 6 of Article 17 of Chapter 2 of Title 20 and Article 1 of Chapter 18 of Title 45 for state and public employees, dependents, and retirees. (21) 'Urgent healthcare service' means a healthcare service with respect to which the application of the time periods for making a nonexpedited prior authorization, which, in the opinion of a physician or other healthcare provider with knowledge of the covered person's medical condition: (A) Could seriously jeopardize the life or health of the covered person or the ability of such person to regain maximum function; or (B) Could subject the covered person to severe pain that cannot be adequately managed without the care or treatment that is the subject of the utilization review.

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Such term shall include services provided for the treatment of substance use disorders which otherwise qualify as an urgent healthcare service. (22) 'Utilization review' means a system for reviewing the appropriate and efficient allocation or charges of hospital, outpatient, medical, or other healthcare services given or proposed to be given to a patient or group of patients for the purpose of advising the claim administrator who determines whether such services or the charges therefor should be covered, provided, or reimbursed by an insurer according to the benefits plan. Prior authorization is a type of utilization review. Utilization review shall not include the review or adjustment of claims or the payment of benefits arising under liability, workers' compensation, or malpractice insurance policies as defined in Code Section 33-7-3. (23) 'Utilization review entity' means an insurer or other entity that performs prior authorization for one or more of the following entities:
(A) An insurer that writes health insurance policies; (B) A preferred provider organization or health maintenance organization; or (C) Any other individual or entity that provides, offers to provide, or administers hospital, outpatient, medical, behavioral health, prescription drug, or other health benefits to a person treated by a healthcare provider in this state under a health insurance policy, plan, or contract. (24) 'Utilization review plan' means a reasonable description of the standards, criteria, policies, procedures, reasonable target review periods, and reconsideration and appeal mechanisms governing utilization review activities performed by a private review agent or utilization review entity.

33-46-5. (a) A private review agent or utilization review entity may not conduct utilization review of healthcare provided in this state unless the Commissioner has granted the private review agent or utilization review entity a certificate pursuant to this chapter. No individual conducting utilization review shall require certification if such utilization review is performed within the scope of such person's employment with an entity already certified pursuant to this Code section. (b) The Commissioner shall issue a certificate to an applicant that has met all the requirements of this chapter and all applicable regulations of the Commissioner. (c) A certificate issued under this chapter is not transferable without the prior approval of the Commissioner.

33-46-6. (a) As a condition of certification or renewal thereof, a private review agent or utilization review entity shall be required to maintain compliance with the following:
(1) Where not otherwise addressed in this chapter or department regulations, the medical protocols including reconsideration and appeal processes as well as other relevant medical issues used in the private review or utilization review program shall be established with

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input from healthcare providers who are from a major area of specialty and certified by the boards of the American medical specialties selected by a private review agency or utilization review entity and documentation of such protocols shall be made available upon request of healthcare providers; or, where not so addressed, protocols, including reconsideration and appeal processes as well as other relevant healthcare issues used in such program, shall be established based on input from persons who are licensed in the appropriate healthcare provider's specialty recognized by a licensure agency of such a healthcare provider; (2) All preadmission review programs shall provide for immediate hospitalization of any patient for whom the treating healthcare provider determines the admission to be of an emergency nature, so long as medical necessity is subsequently documented; (3) In the absence of any contractual agreement between the healthcare provider and the insurer, the responsibility for obtaining prior authorization as well as concurrent review required by the insurer shall be the responsibility of the covered person pursuant to Chapter 20E of this title; (4) In cases where a private review agent or utilization review entity is responsible for utilization review for an insurer or claim administrator, such agent or entity should respond promptly and efficiently in accordance with this chapter to all requests including concurrent review in a timely method, and a method for an expedited authorization process shall be available in the interest of efficient patient care; (5) In any instances where the private review agent or utilization review entity is questioning the medical necessity of care, the treating health care provider, or such provider's appropriately qualified designee, shall be able to discuss the plan of treatment with a clinical peer trained in a related specialty and no adverse determination shall be made by the private review agent or utilization review entity until an effort has been made to discuss the patient's care with the patient's treating provider, or such provider's appropriately qualified designee who shall be familiar with the patient's case, during normal working hours. In the event of an adverse determination, notice to the provider will specify the reasons for the review determination; (6) A private review agent or utilization review entity shall assign a reasonable target review period in accordance with this chapter for each admission promptly upon notification by the healthcare provider. Once a target length of stay has been agreed upon with the healthcare provider, the utilization review agent or utilization review entity will not attempt to contact the healthcare provider or patient for further information until the end of that target review period except for discharge planning purposes or in response to a contact by a patient or healthcare provider. The provider or the healthcare facility will be responsible for alerting the utilization review agent or utilization review entity in the event of a change in proposed treatment. At the end of the target period, the private review agent or utilization review entity will review the care for a continued stay; (7) A private review agent or utilization review entity shall not enter into any incentive payment provision contained in a contract or agreement with an insurer which is based

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on reduction of services or the charges thereof, reduction of length of stay, or utilization of alternative treatment settings; (8) Any healthcare provider may designate one or more individuals to be contacted by the private review agent or utilization review entity for information or data. In the event of any such designation, the private review agent or utilization review entity shall not contact other employees or personnel of the healthcare provider except with prior consent to the healthcare provider. An alternate will be available during normal business hours if the designated individual is absent or unavailable; and (9) Private review agents and utilization review entities shall develop applicable utilization review plans and conduct utilization review in accordance with standards as set forth under this chapter and rules and regulations adopted by the Commissioner. (b) The Commissioner may consider nationally recognized accreditation standards for utilization review and may adopt by rule or regulation any such standards for the purposes of enforcing this chapter, to the extent such standards do not conflict with this chapter. (c) The Commissioner may maintain on the department website a list of nationally recognized accreditation entities.

33-46-7. (a) An applicant for a certificate shall submit an application on a form prescribed by the Commissioner and pay an application fee and a certificate fee as provided in Code Section 33-8-1. The application shall be signed and verified by the applicant. (b) In conjunction with the application, the private review agent or utilization review entity shall submit such information that the Commissioner requires, including but not limited to:
(1) A utilization review plan; (2) The type and qualifications of the personnel either employed or under contract to perform the utilization review; (3) A copy of the materials designed to inform applicable patients and healthcare providers of the requirements of the utilization review plan; and (4) A signed attestation by the chief medical officer or chief executive officer of the applicant that such entity's utilization review activities comply with the standards required by this chapter. The information provided must demonstrate to the satisfaction of the Commissioner that the applicant will comply with the requirements of this chapter.

33-46-8. (a) A certificate shall expire on the second anniversary of its effective date unless the certificate is renewed for a two-year term as provided in this Code section. (b) Before the certificate expires but no sooner than 90 days prior to such expiration, a certificate may be renewed for an additional two-year term if the applicant:
(1) Otherwise is entitled to the certificate; (2) Pays to the Commissioner the renewal fee as provided in Code Section 33-8-1;

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(3) Submits to the Commissioner: (A) A renewal application on the form that the Commissioner requires; and (B) Satisfactory evidence of compliance with any requirements established by the Commissioner for certificate renewal; and (4)(A) Establishes and maintains a complaint system which has been approved by the Commissioner and which provides reasonable procedures for the resolution of written complaints initiated by covered persons or healthcare providers concerning utilization review; (B) Maintains records of such written complaints for five years from the time the complaints are filed and submits to the Commissioner a summary report at such times and in such format as the Commissioner may require; and (C) Permits the Commissioner to examine the complaints at any time.

33-46-9. Private review agents and utilization review entities shall be subject to the jurisdiction of the Commissioner in all matters regulated by this chapter and the Commissioner shall have such powers and authority with regard to private review agents and utilization review entities as provided in Code Sections 33-2-9 through 33-2-28 with regard to insurers.

33-46-10. Private review agents and utilization review entities shall be subject to the provisions of Chapter 39 of this title.

33-46-11. The Commissioner shall periodically, not less than once a year, provide a list of private review agents and utilization review entities issued certificates and the renewal date for those certificates to all hospitals and to any other individual or organization requesting such list.

33-46-12. The Commissioner shall establish such reporting requirements upon private review agents and utilization review entities as are necessary to determine if the utilization review programs are in compliance with the provisions of this chapter and applicable rules and regulations.

33-46-13. The Commissioner shall adopt rules and regulations to implement the provisions of this chapter.

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33-46-14. No certificate is required for utilization review by any Georgia licensed pharmacist or pharmacy while engaged in the practice of pharmacy, including but not limited to review of the dispensing of drugs, participation in drug utilization review, and monitoring patient drug therapy.

33-46-15. (a) This chapter shall not apply to any contract with the federal government for utilization and review of patients eligible for hospital services under Title XVIII or XIX of the Social Security Act. (b) This chapter shall not apply to any private review agent or utilization review entity when such private review agent or utilization review entity is working under contract, or an extension or renewal thereof, with a licensed insurer operating under an agreement, providing administrative services pursuant to the provisions of subsection (b) of Code Section 33-20-17 to a healthcare benefit plan negotiated through collective bargaining as that term is defined in the federal National Labor Relations Act, as amended, if the original agreement was executed and in effect prior to January 1, 1990. (c) This chapter shall not apply to audits of the medical record for the purposes of verifying that healthcare services were ordered and delivered.

33-46-16. The Commissioner shall issue an annual report to the Governor and the General Assembly concerning the conduct of utilization review in this state. Such report shall include a description of utilization review programs and the services they provide, an analysis of complaints filed against private review agents and utilization review entities by patients or providers, and an evaluation of the impact of utilization review programs on patient access to care. The Commissioner shall not be required to distribute copies of the annual report to legislators in the General Assembly but shall notify such legislators of the availability of the report in the manner which he or she deems to be most effective and efficient.

ARTICLE 2

33-46-20. (a) An insurer shall make any current prior authorization requirements readily accessible on its website to healthcare providers. Clinical criteria on which an adverse determination is based shall be provided to the healthcare provider at the time of the notification. (b) If an insurer intends either to implement a new prior authorization requirement or to amend an existing requirement, such insurer shall ensure that the new or amended requirement is not implemented unless such insurer's website has been updated to reflect such addition or change.

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(c) An insurer using prior authorization shall make aggregate statistics available per such insurer and per its plans regarding prior authorization approvals and denials on its website in a readily accessible format. The Commissioner shall determine the statistics required in order to comply with this Code section in accordance with applicable state and federal privacy laws. Such statistics shall include, but not be limited to, the following:
(1) Approved or denied on initial request; (2) Reason for denial; (3) Whether appealed; (4) Whether approved or denied on appeal; and (5) Time between submission and response.

33-46-21. (a) An insurer shall be responsible for monitoring all utilization review activities carried out by, or on behalf of, the insurer and for ensuring that all requirements of this chapter and applicable rules and regulations are met. The insurer also shall ensure that appropriate personnel have operational responsibility for the conduct of the insurer's utilization review program. (b) Whenever an insurer contracts with a private review agent or utilization review entity to perform services subject to this chapter or applicable rules and regulations, the Commissioner shall hold the insurer responsible for monitoring the activities of such private review agent or utilization review entity and for ensuring that the requirements of this chapter and applicable rules and regulations are met. (c) A private review agent or utilization review entity shall use documented clinical criteria that are based on sound clinical evidence and which are evaluated periodically to assure ongoing efficacy. (d) Qualified healthcare professionals shall administer the utilization review program and oversee utilization review decisions. An initial screening of prior authorization requests may be completed without providing the treating provider or other qualified healthcare professional with the opportunity to speak with a clinical peer of the private review agent or utilization review entity. Such an opportunity shall be provided, however, before an appeal. If a private review agent or utilization review entity questions the medical necessity of a healthcare service, such agent or entity shall notify the covered person's treating provider, or such provider's appropriately qualified designee familiar with the patient's case, that medical necessity is being questioned in accordance with the provisions of paragraph (5) of subsection (a) of Code Section 33-46-6. (e) An insurer shall provide covered persons and participating providers with access to its utilization review staff by telephone or through synchronous digital text or voice messaging or similar technology in accordance with state and federal privacy laws. A clinical peer shall evaluate the clinical appropriateness of adverse determinations.

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33-46-22. A private review agent or utilization review entity shall ensure that all appeals are reviewed by an appropriate healthcare provider who shall:
(1) Possess a current and valid nonrestricted license or maintain other appropriate legal authorization; (2) Be currently in active practice in the same or similar specialty and who typically manages the medical condition or disease; (3) Be knowledgeable of, and have experience providing, the healthcare service under appeal; (4) Not have been directly involved in making the adverse determination; and (5) Consider all known clinical aspects of the healthcare service under review, including, but not limited to, a review of all pertinent medical or other records provided to the private review agent or utilization review entity by the covered person's healthcare provider, any relevant records provided to such agent or entity by a facility, and any medical or other literature provided to such agent or entity by the healthcare provider.

33-46-23. If initial healthcare services are performed within 45 business days of approval of prior authorization, the insurer shall not revoke, limit, condition, or restrict such authorization, unless such prior authorization is for a Schedule II controlled substance or there is a billing error, fraud, material misrepresentation, or loss of coverage.

33-46-24. Prior authorization shall not be required for unanticipated emergency healthcare services, urgent healthcare services, or covered healthcare services which are incidental to the primary covered healthcare service and determined by the covered person's physician or dentist to be medically necessary.

33-46-25. An insurer cannot require prior authorization for emergency prehospital ambulance transportation or for the provision of emergency healthcare services.

33-46-26. Effective January 1, 2022, until December 31, 2022, if an insurer requires prior authorization of a healthcare service, a private review agent or utilization review entity shall notify the covered person's healthcare provider, or such provider's appropriately qualified designee, of any prior authorization or adverse determination within 15 calendar days of obtaining all necessary information to make such authorization or adverse determination. Effective January 1, 2023, if an insurer requires prior authorization of a healthcare service, a private review agent or utilization review entity shall notify the covered person's healthcare provider, or such provider's appropriately qualified designee, of any prior

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authorization or adverse determination within 7 calendar days of obtaining all necessary information to make such authorization or adverse determination.

33-46-27. A private review agent or utilization review entity shall render a prior authorization or adverse determination concerning urgent healthcare services and notify such person's healthcare provider, or such provider's appropriately qualified designee, of that prior authorization or adverse determination no later than 72 hours after receiving all information needed to complete the review of the requested healthcare services.

33-46-28. (a) Upon receipt of information documenting a prior authorization from a covered person or from a covered person's healthcare provider, a private review agent or utilization review entity, for at least the initial 30 days of such person's new coverage, shall honor a prior authorization for a covered healthcare service granted to him or her from a previous private review agent or utilization review entity even if approval criteria or products of a healthcare plan have changed or such person is covered under a new healthcare plan, so long as the former criteria, products, or plans are not binding upon a new insurer. (b) During the time period described in subsection (a) of this Code section, a private review agent or utilization review entity may perform its own review to grant a prior authorization. (c) If there is a change in coverage of, or approval criteria for, a previously authorized healthcare service, the change in coverage or approval criteria shall not affect a covered person who received prior authorization before the effective date of such change for the remainder of the covered person's plan year so long as such person remains covered by the same insurer. (d) A private review agent or utilization review entity shall continue to honor a prior authorization it has granted to a covered person in accordance with this Code section.

33-46-29. Each violation by a private review agent or utilization review entity of deadline or other requirements specified in this chapter shall result in the automatic authorization of healthcare services under review by such private review agent or utilization review entity if such noncompliance is related to such services. Notwithstanding the foregoing, noncompliance based on a de minimis violation that does not cause, or is not likely to cause, prejudice or harm to the covered person shall not result in the automatic authorization of such healthcare services, so long as the insurer demonstrates that the violation occurred due to good cause or due to matters beyond the control of the insurer and that such violation occurred in the context of an ongoing good faith exchange of information between the insurer and the covered person, or, if applicable, the covered person's healthcare provider or authorized representative.

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33-46-30. With regard to the provision of healthcare services, each contract entered into or renewed by a managed care organization, each contract entered into or renewed by the Department of Community Health with a care management organization, and each contract entered into by the board of such organization with a contracted entity pursuant to the state health benefit plan shall comply with this chapter.

33-46-31. The Commissioner shall not have the authority to approve, disapprove, or modify any plan offered by a care management organization or any contract between a care management organization and the Department of Community Health. Compliance with this chapter by care management organizations shall be enforced by the Department of Community Health.

33-46-32. Nothing in this chapter shall be construed as reducing the authority of the commissioner of community health."

SECTION 3. This Act shall become effective on January 1, 2022, and shall apply to all policies or contracts issued, delivered, issued for delivery, or renewed in this state on or after such date.

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

Approved May 10, 2021.

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REVENUE AND TAXATION DEPARTMENT OF REVENUE; REQUIRES CERTAIN INFORMATION RELATED TO DELINQUENT TAXPAYERS BE PROVIDED TO DEPARTMENT.

No. 267 (Senate Bill No. 201).

AN ACT

To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to require financial institutions to provide certain information related to delinquent taxpayers to the Department of Revenue under certain conditions; to provide for conditions, limitations, and prohibitions; to provide for reporting; to provide for violations and penalties; to provide for definitions; to provide for certain counties contracting with

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municipalities for services to be performed by county tax commissioners; to provide for duties, responsibilities, and compensation; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section to read as follows:
"48-2-63. (a) As used in this Code section, the term:
(1) 'Account' means: (A) With respect to a depository institution as defined in 12 U.S.C. Section 1813(c), a deposit account; (B) With respect to any federal or state credit union as defined in 12 U.S.C. Section 1752, a deposit account; and (C) With respect to a benefit association, safe deposit company, money market mutual fund, brokerage firm, trust company, or similar entity authorized to do business in the State of Georgia, any account.
(2) 'Delinquent taxpayer' means a person owing an unpaid tax liability for which appeals from assessments of taxes pursuant to Title 48 or other applicable laws have expired or been exhausted, and for which an execution has been recorded by the department, unless such execution is released, withdrawn, or expired. (3) 'Financial institution' means:
(A) A depository institution as defined in 12 U.S.C. Section 1813(c); (B) Any federal or state credit union as defined in 12 U.S.C. Section 1752; or (C) Any benefit association, safe deposit company, money market mutual fund, brokerage firm, trust company, or similar entity authorized to do business in the State of Georgia. (b) The department may request not more than four times a year from a financial institution information provided in subsection (c) of this Code section for delinquent taxpayers for whom the department has filed an execution in accordance with Chapter 3 of this title. (c) Financial institutions doing business in this state shall, within 30 days after a financial institution receives a request for information under subsection (b) of this Code section, submit a report to the department in an industry standard, machine-readable, electronic format to be prescribed by the department. Each such report shall identify any accounts that the financial institution holds with respect to the delinquent taxpayers identified in the request. The financial institution, to the maximum extent possible, shall provide the name, record address, social security number or other taxpayer identification number, account balance, and other electronically available account identifying information for each delinquent taxpayer who maintains an account at the financial institution as identified to

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such financial institution by the department by name and social security number or other taxpayer identification number in an industry standard, machine-readable, electronic format. The department may pay a reasonable fee to financial institutions for conducting the searches required by this Code section in an amount that does not exceed the actual costs incurred by the financial institution or $100.00, whichever is less. (d) The department is authorized to enter into agreements with financial institutions to develop and operate an automated data exchange to accomplish the provisions of subsection (c) of this Code section. (e) The department is authorized to designate a third-party agent to administer and operate the data exchange between the department and financial institutions provided for in subsection (d) of this Code section. Any data exchanged shall be protected as if it were confidential tax information and shall not be disclosed except as specifically authorized under this Code section. It shall be unlawful for any person to divulge confidential tax information in violation of this Code section and any such person shall, upon conviction thereof, be subject to the same penalties that would apply to an employee of the department convicted of divulging confidential tax information.
(f)(1) The department may impose a fine on any financial institution that fails to submit a report required pursuant to this Code section in the amount of $1,000.00, provided that:
(A) The department notifies the financial institution of its failure to submit a report by certified mail or statutory overnight delivery, return receipt requested; (B) Such financial institution fails to submit such report within 15 business days after the mailing of the notification provided for in subparagraph (A) of this paragraph; and (C) Such financial institution fails to present cause for such failure to the department that the department determines to be reasonable cause for such failure. (2) The department may impose a fine on a financial institution in the amount of $1,000.00 if the department determines that a financial institution willfully provided false information with respect to any cause that such financial institution presents to the department for its failure to submit a report. (g) The department may use the information received pursuant to this Code section only for the purpose of enforcing the collection of taxes and fees administered by the department. The department shall determine whether to levy upon accounts identified pursuant to this Code section and shall follow the levy process set forth in Code Section 48-2-55, subject to the rights and remedies of delinquent taxpayers provided for under Code Section 48-2-59 or other provisions of law, and the rights and remedies of financial institutions provided in Code Section 48-2-55 or other provisions of law. (h) To the extent possible and in compliance with state and federal law, the department shall administer this Code section in the same manner as prescribed in Article 1 of Chapter 11 of Title 19 to avoid duplication and reduce the burden on financial institutions. (i) Notwithstanding Code Section 7-1-360 or other provisions of law, a financial institution furnishing a report to the department or the department's designated agent under this Code section is prohibited from disclosing to any person, including the delinquent taxpayer, any

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information that has been received from or furnished to the department or the department's designated agent under this Code section. However, a financial institution may disclose to its depositors or account holders that the department has the authority to request certain identifying information on certain depositors or account holders pursuant to this Code section. (j) A financial institution that complies with a request from the department by submitting a report to the department or the department's designated agent in accordance with this Code section shall not be liable to any person for:
(1) Disclosing information to the department or the department's designated agent under this Code section; (2) Encumbering or surrendering any assets held by the financial institution in response to a notice of lien or levy issued by the department; (3) Any error on the part of the department in connection with a notice of lien or levy issued by the department upon accounts identified pursuant to this Code section, including costs or fees charged to such accounts as a result of such error; or (4) Other action taken in good faith to comply with the requirements of this Code section. (k) Any financial records obtained pursuant to this Code section may be disclosed only for the purpose of, and to the extent necessary for, administration and enforcement of the tax laws of this state. (l) The department may adopt rules establishing the procedures and requirements for conducting data matches with financial institutions pursuant to this Code section. (m) The commissioner may institute civil proceedings to enforce this Code section."

SECTION 2. Said title is further amended by revising subsection (a) of Code Section 48-5-359.1, relating to contracts with the county tax commissioner to assess and collect municipal taxes and prepare the tax digest, by adding a new paragraph to read as follows:
"(3)(A) This paragraph shall apply to any county which contains 14 or more municipalities, in whole or in part, within such county, and paragraphs (1) and (2) of this subsection shall not apply to such counties. (B) Any county and any municipality wholly or partially located within such county may contract for the county tax commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Such contracts shall not be subject to the approval of any county tax commissioner. Any contract authorized by this subparagraph between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality, as well as the cost to the county of providing compensation to its tax commissioner, if any, with respect to providing such service. Notwithstanding any provision of law to the contrary, including

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paragraphs (1) and (2) of this subsection, the tax commissioner of any such county shall conduct such additional duties and responsibilities, and shall be authorized to accept, receive, and retain compensation to be determined and paid by the county for such additional duties and responsibilities in addition to that compensation provided by law to be paid to the tax commissioner by the county. Nothing in this subparagraph shall require a county to compensate the county tax commissioner for such additional duties and responsibilities."

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

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

Approved May 10, 2021.

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CIVIL PRACTICE GEORGIA UNIFORM MEDIATION ACT; PROVIDE FOR UNIFORM LAWS GOVERNING MEDIATION AND PARTICIPANTS IN MEDIATION.

No. 268 (Senate Bill No. 234).

AN ACT

To amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for uniform laws governing mediation and participants in mediation; to provide for definitions; to provide for privileges against disclosure, admissibility, and discovery; to provide for waiver and preclusion of privilege; to provide for exceptions to privilege; to provide for confidentiality and mediator disclosure of conflicts; to provide for international commercial mediation and electronic signatures; to provide for uniformity of construction and severability; to provide for applicability; to provide a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the ''Georgia Uniform Mediation Act.''

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SECTION 2. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by adding a new chapter to read as follows:

"CHAPTER 17 9-17-1. As used in this chapter, the term:
(1) 'Mediation' means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. (2) 'Mediation communication' means a statement, whether oral or in a record or verbal or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, terminating, or reconvening a mediation or retaining a mediator. (3) 'Mediation party' means a person that participates in a mediation and whose agreement is necessary to resolve the dispute. (4) 'Mediator' means an individual who conducts a mediation, or if conducting a mediation pursuant to the Supreme Court of Georgia Alternative Dispute Resolution Rules governing the use of alternative dispute resolution mechanisms by the courts of this state, an individual qualified to mediate under such rules. (5) 'Nonparty participant' means a person, other than a mediation party or mediator, that participates in a mediation, including a representative of a party. (6) 'Person' means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. (7) 'Proceeding' means:
(A) A judicial, administrative, arbitral, or other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery; or (B) A legislative hearing or similar process. (8) '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. (9) 'Sign' means: (A) To execute or adopt a tangible symbol with the present intent to authenticate a record; or (B) To attach or logically associate an electronic symbol, sound, or process to or with a record with the present intent to authenticate a record.

9-17-2. (a) Except as otherwise provided in subsection (b) or (c) of this Code section, this chapter applies to a mediation in which:

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(1) The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator; (2) The mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or (3) The mediation parties use as a mediator an individual who holds himself or herself out as a mediator or as a provider of mediation services. (b) This chapter shall not apply to a mediation: (1) Relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship; (2) Relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that this chapter shall apply to a mediation arising out of such a dispute that has been filed with an administrative agency or court; (3) Conducted by a judge where that judge acts as a mediator and may still make a ruling on the dispute; or (4) Conducted under the auspices of:
(A) A primary or secondary school if all the mediation parties are students; or (B) A correctional institution for persons who are under the age of 18 years if all the mediation parties are residents of that institution. (c) If the parties agree in advance in a signed record, or a record of proceeding reflects agreement by the parties, that all or part of a mediation is not privileged, the privileges under Code Sections 9-17-3 through 9-17-5 do not apply to the mediation or part agreed upon. However, Code Sections 9-17-3 through 9-17-5 apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.

9-17-3. (a) Except as otherwise provided in Code Section 9-17-6, a mediation communication is privileged as provided in subsection (b) of this Code section and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by Code Section 9-17-4. (b) In a proceeding, the following privileges apply:
(1) A mediation party may refuse to disclose and may prevent any other person from disclosing a mediation communication; (2) A mediator may refuse to disclose a mediation communication and may prevent any other person from disclosing a mediation communication of the mediator; and (3) A nonparty participant may refuse to disclose and may prevent any other person from disclosing a mediation communication of the nonparty participant. (c) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.

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9-17-4. (a) A privilege under Code Section 9-17-3 may be waived in a record if it is expressly waived by all mediation parties and:
(1) In the case of the privilege of a mediator, it is expressly waived by the mediator; and (2) In the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant. (b) A person that discloses or makes a representation about a mediation communication which prejudices another person in a proceeding is precluded from asserting a privilege under Code Section 9-17-3, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure. (c) A person that intentionally uses a mediation to plan, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under Code Section 9-17-3.

9-17-5. (a) There shall be no privilege under Code Section 9-17-3 for a mediation communication that is:
(1) In an agreement evidenced by a record signed by all parties to the agreement; (2) Available to the public under Article 4 of Chapter 18 of Title 50, relating to open records, or made during a session of a mediation which is open, or is required by law to be open, to the public; (3) A threat or statement of a plan to inflict bodily injury or commit a criminal act of violence; (4) Intentionally used to plan a criminal act, to commit or attempt to commit a criminal act, or to conceal an ongoing criminal act or criminal activity; (5) Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator; (6) Except as otherwise provided in subsection (c) of this Code section, sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a party based on conduct occurring during a mediation; or (7) Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a party, unless the public agency participates in the Division of Family and Children Services mediation. (b) There shall be no privilege under Code Section 9-17-3 if a court, administrative agency, or arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the evidence that substantially outweighs the interest in protecting confidentiality, and that the mediation communication is sought or offered in: (1) A court proceeding involving a felony; or

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(2) Except as otherwise provided in subsection (c) of this Code section, a proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation. (c) A mediator shall not be compelled to provide evidence of a mediation communication referred to in paragraph (6) of subsection (a) or paragraph (2) of subsection (b) of this Code section. (d) If a mediation communication is not privileged under subsection (a) or (b) of this Code section, only the portion of the communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under subsection (a) or (b) of this Code section does not render the evidence, or any other mediation communication, discoverable or admissible for any other purpose.

9-17-6. (a) Except as provided in subsection (b) of this Code section, a mediator shall not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation. (b) A mediator may disclose:
(1) Whether the mediation occurred or has terminated, whether a settlement was reached, and attendance; (2) A mediation communication as permitted under Code Section 9-17-5; or (3) A mediation communication evidencing abuse, neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting individuals against such mistreatment. (c) A communication made in violation of subsection (a) of this Code section may not be considered by a court, administrative agency, or arbitrator.

9-17-7. Notwithstanding any provision of this chapter to the contrary, mediation and mediation communications, and such related conduct, shall not be admissible or subject to disclosure, except to the extent agreed to by the parties in writing or as provided in Code Section 24-4-408 or other law or court required rule of this state, unless such communications are subject to Article 4 of Chapter 18 of Title 50, relating to open records.

9-17-8. (a) Before accepting a mediation, an individual who is requested to serve as a mediator shall:
(1) Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of

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the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and (2) Disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation. (b) If a mediator learns any fact described in paragraph (1) of subsection (a) of this Code section after accepting a mediation, the mediator shall disclose it as soon as is practicable. (c) At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute. (d) A person that violates subsection (a) or (b) of this Code section is precluded by the violation from asserting a privilege under Code Section 9-17-3. (e) Subsection (a), (b), or (c) of this Code section shall not apply to an individual acting as a judge. (f) This chapter shall not require that a mediator have a special qualification by background or profession.

9-17-9. An attorney or other individual designated by a party may accompany the party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded.

9-17-10. (a) As used in this Code section, the term 'Model Law' means the Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation, as approved at the 51st Session of the United Nations Commission on International Trade Law on June 26, 2018. (b) Except as otherwise provided in subsections (c) and (d) of this Code section, if a mediation is an international commercial mediation as defined by the Model Law, the mediation is governed by the Model Law. (c) Unless the parties agree in accordance with subsection (c) of Code Section 9-17-2, that all or part of an international commercial mediation is not privileged, Code Sections 9-17-3, 9-17-4, and 9-17-5 and any applicable definitions in Code Section 9-17-1 also apply to the mediation and nothing in Article 11 of the Model Law derogates from Code Sections 9-17-3, 9-17-4, and 9-17-5. (d) If the parties to an international commercial mediation agree that the Model Law shall not apply, this chapter shall apply.

9-17-11. This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but shall not modify, limit, or supersede Section 101(c) of such act or authorize electronic delivery of any of the notices described in Section 103(b) of such act.

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9-17-12. In applying and construing this chapter, consideration should be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

9-17-13. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

9-17-14. This chapter shall apply to all mediation agreements and mediation proceedings entered into on or after July 1, 2021."

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

Approved May 10, 2021.

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CRIMES AND OFFENSES THEFT BY POSSESSION OF STOLEN MAIL; PORCH PIRACY.

No. 269 (House Bill No. 94).

AN ACT

To amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for the crime of theft by possession of stolen mail; to provide for the crime of porch piracy; to provide for definitions; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, is amended by adding a new Code section to read as follows:
"16-8-24. (a) As used in this Code section, the term:
(1) 'Mail' means a letter, post card, package, bag, or other sealed article that:

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(A) Is delivered by the United States Postal Service, a common carrier, or a delivery service and has not yet been received by the person to whom it is addressed; or (B) Has been left in a location to be collected for delivery by the United States Postal Service, a common carrier, or a delivery service. (2) 'Possesses stolen mail' means to knowingly receive, retain, possess, conceal, or dispose of stolen mail knowing that it has been stolen and to withhold such stolen mail from the true owner or person to whom the mail is addressed or to appropriate such stolen mail to the use of any person other than the true owner or the person to whom the mail is addressed. (b) A person shall be guilty of the crime of theft by possession of stolen mail if he or she: (1) Possesses stolen mail addressed to three or more different mailboxes or addresses; and (2) Possesses a minimum of ten separate pieces of stolen mail. (c) A person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years, or, in the discretion of the trial judge, as for a misdemeanor. (d) Each set of ten separate pieces of stolen mail addressed to three or more different mailboxes or addresses constitutes a separate and distinct crime and may be punished accordingly. (e) The fact that the person who stole the mail has not been convicted, apprehended, or identified shall not be a defense to the charge of theft by possession of stolen mail."

SECTION 2. Said article is further amended by adding a new Code section to read as follows:
"16-8-25. (a) As used in this Code section, the term 'dwelling' has the same meaning as provided in Code Section 16-7-1. (b) A person shall be guilty of the crime of porch piracy if such person takes, removes, or otherwise appropriates three or more envelopes, bags, packages, or other related articles of another person without the permission of such other person from the porch, steps, or immediate vicinity of any entrance or exit of a dwelling of three or more different mailboxes or addresses. (c) A person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years, or, in the discretion of the trial judge, as for a misdemeanor."

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

Approved May 10, 2021.

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REVENUE AND TAXATION WATER AND SEWER PROJECTS AND COSTS TAX; AUDITS.

No. 270 (House Bill No. 160).

AN ACT

To amend Article 4 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to water and sewer projects and costs tax (MOST), so as to redefine the term "municipality"; to provide for audits of such tax by the state auditor under certain conditions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 4 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to water and sewer projects and costs tax (MOST), is amended in Code Section 48-8-200, relating to definitions regarding water and sewer projects and costs tax (MOST), by revising paragraph (3) as follows:
"(3) 'Municipality' means: (A) A municipality in which the average waste-water flow of such municipality is not less than 85 million gallons per day; or (B) A municipality that operates a waste-water system that interconnects with the waste-water system of a municipality that has an average waste-water flow that is not less than 85 million gallons per day."

SECTION 2. Said article is further amended by revising subsection (b) of Code Section 48-8-212, relating to utilization of tax proceeds by municipality, record keeping, use for general obligation debt, as follows:
"(b)(1) The governing authority of the municipality shall maintain a record of each and every water and sewer project and cost for which the proceeds of the tax are used. In each annual audit a schedule shall be included which shows for each ongoing such project the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditor's report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole.

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(2) The Governor, the Speaker of the House of Representatives, or the Lieutenant Governor may order, up to once each year, an independent and comprehensive audit of the tax imposed by this article to be conducted by the state auditor in a timely manner. The taxing jurisdiction under audit shall fully cooperate with the state auditor and provide all requested documents, records, or other relevant information. The results of such audit, regardless of who ordered the audit, shall be distributed to the Governor, the Speaker of the House of Representatives, the Lieutenant Governor, and the municipality imposing the tax. This paragraph shall not be applicable to any municipality that conducts an independent audit, at least annually, that includes the tax imposed by this article, provided that any such independent audits are made available by such municipality to the state auditor for inspection upon his or her request."

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

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

Approved May 10, 2021.

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RETIREMENT AND PENSIONS REVISES MEMBERSHIP AND OTHER PROVISIONS OF THE EMPLOYEES' RETIREMENT OF GEORGIA AND THE TEACHERS' RETIREMENT SYSTEM OF GEORGIA; REVISES LARGE RETIREMENT SYSTEM INVESTMENT RULES.

No. 271 (House Bill No. 173).

AN ACT

To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to revise certain provisions relating to membership of the board of trustees of the Employees' Retirement System of Georgia; to increase the percentage of an eligible large retirement system's assets that may be invested in alternative investments; to provide limitations for the Teachers' Retirement System of Georgia and the Employees' Retirement System of Georgia; 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 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by revising paragraph (5) of subsection (b) Code Section 47-2-21, relating to power and duty of board of trustees to administer and operate retirement system, membership of board, vacancies, expenses, oath, and quorum, as follows:
"(5)(A) Two trustees elected by the trustees set forth in paragraphs (1) through (4) of this subsection for a term of four years, provided that in their first terms one served for a term from the date of election to June 30, 1950, and the other for a term from the date of election to June 30, 1952; provided, further, that each of these two members shall have had at least five years of creditable service with an agency included in this retirement system; and (B) In electing the two trustees identified in subparagraph (A) of this paragraph, the trustees set forth in paragraphs (1) through (4) of this subsection shall review and consider any individuals nominated by any organization of state retirees consisting of at least 1,000 members; and"

SECTION 2. Said title is further amended by revising paragraph (1) of subsection (d) of Code Section 47-20-87, relating to eligible large retirement systems authorized to invest in certain alternative investments, as follows:
"(d)(1)(A) Alternative investments by an eligible large retirement system shall not in the aggregate exceed 10 percent of the eligible large retirement system's assets at any time. (B) Notwithstanding subparagraph (A) of this paragraph, alternative investments by the Georgia Firefighters' Pension Fund shall not in the aggregate exceed 10 percent of its assets at any time. (C) Notwithstanding subparagraph (A) of this paragraph, the Teachers' Retirement System of Georgia shall not in the aggregate exceed 5 percent of such system's assets at any time. (D) Notwithstanding subparagraph (A) of this paragraph, the Employees' Retirement System of Georgia shall not in the aggregate exceed 5 percent of such system's assets at any time."

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

Approved May 10, 2021.

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MOTOR VEHICLES AND TRAFFIC EXEMPTS CERTAIN VEHICLES FROM RECORDING OF ODOMETER READINGS UPON CERTIFICATES OF TITLE.

No. 272 (House Bill No. 210).

AN ACT

To amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title to motor vehicles, so as to exempt certain vehicles from the recording of odometer readings upon certificates of title; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title to motor vehicles, is amended by revising Code Section 40-3-25, relating to entry of odometer reading on certificate of title upon sale or transfer of vehicle, as follows:
"40-3-25. (a) In addition to the information required by Code Section 40-3-24, each certificate of title issued by the commissioner or the commissioner's duly authorized county tag agent shall contain spaces thereon for the entry of the mileage of the motor vehicle as shown on the odometer of such motor vehicle at the time of its sale or transfer. When a demonstrator or a new motor vehicle is sold by a dealer, it shall be the duty of the dealer to insert on the application for the certificate of title and on the manufacturer's statement of origin where assigned to the first retail purchaser the mileage of such motor vehicle as shown on its odometer on the day of the sale. When the owner of a motor vehicle sells or transfers such motor vehicle, such owner shall enter on the certificate of title the mileage as shown on the odometer of such motor vehicle at the time such owner executes the assignment and warranty of title. When a new certificate of title is issued for a previously titled motor vehicle, the odometer reading as recorded on the old certificate of title shall be shown on the new certificate of title. When a replacement certificate of title is issued to the owner of a lost, stolen, mutilated, or destroyed certificate of title, the mileage as shown on the odometer on the day application is made for the replacement certificate of title shall be shown on the replacement certificate of title. (b) Notwithstanding any other provision of this Code section, the requirement of disclosure of the odometer mileage on certificates of title shall not be required for a motor vehicle:
(1) With a gross vehicle weight rating of more than 16,000 pounds; (2) Manufactured in or before the 2010 model year and is transferred at least ten years after January 1 of the calendar year corresponding to its designated model year; or

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(3) Manufactured in or after the 2011 model year and is transferred at least 20 years after January 1 of the calendar year corresponding to its designated model. (c) The commissioner is authorized and directed to provide by regulation for the implementation of this Code section."

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

Approved May 10, 2021.

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CRIMES AND OFFENSES DOMESTIC RELATIONS PROTECTIVE ORDERS; STALKING; DATING VIOLENCE.

No. 273 (House Bill No. 231).

AN ACT

To amend Article 7 of Chapter 5 of Title 16 and Title 19 of the Official Code of Georgia Annotated, relating to stalking and domestic relations, respectively, so as to expand the applicability of protective orders involving victims of stalking; to provide for dating violence protective orders; to provide for definitions; to provide for jurisdiction within the superior court; to require the court to make certain findings prior to granting protective orders alleging dating violence; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, is amended by revising subsection (e) of Code Section 16-5-94, relating to restraining orders and protective orders, as follows:
"(e) The provisions of subsections (c), (d), and (e) of Code Section 19-13-3, subsections (b), (c), and (d) of Code Section 19-13-4, and Code Section 19-13-5, relating to family violence petitions, shall apply to petitions filed pursuant to this Code section, except that the clerk of court may provide forms for petitions and pleadings to persons alleging conduct constituting stalking and to any other person designated by the superior court pursuant to this Code section as authorized to advise persons alleging conduct constituting stalking on filling out and filing such petitions and pleadings."

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SECTION 2. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by adding a new chapter to read as follows:

"CHAPTER 13A

19-13A-1. As used in this chapter, the term:
(1) 'Dating relationship' means a committed romantic relationship characterized by a level of intimacy that is not associated with mere friendship or between persons in an ordinary business, social, or educational context; provided, however, that such term shall not require sexual involvement. (2) 'Dating violence' means the occurrence of one or more of the following acts between persons through whom a current pregnancy has developed or persons currently, or within the last six months were, in a dating relationship:
(A) Any felony; or (B) Commission of the offenses of simple battery, battery, simple assault, or stalking.

19-13A-2. (a) Except for proceedings involving a nonresident respondent, the superior court of the county where the respondent resides shall have jurisdiction over all proceedings under this chapter. (b) For proceedings under this chapter involving a nonresident respondent, the superior court where the petitioner resides or the superior court where an act or injury involving dating violence allegedly occurred shall have jurisdiction, where the act or injury involving dating violence meets the elements for personal jurisdiction provided for under paragraph (2) or (3) of Code Section 9-10-91.

19-13A-3. (a) Upon the filing of a verified petition in which the petitioner alleges with specific facts that probable cause exists to establish that dating violence has occurred in the past and may occur in the future, the court may order such temporary relief ex parte as it deems necessary to protect the petitioner from dating violence. If the court issues an ex parte order, a copy of the order shall be immediately furnished to the petitioner and such order shall remain in effect until the court issues an order dismissing such order or a hearing as set forth in subsection (b) of this Code section occurs, whichever occurs first. (b) Within ten days of the filing of the petition under this chapter or as soon as practical thereafter, but not later than 30 days after the filing of the petition, a hearing shall be held at which the petitioner must prove the allegations of the petition by a preponderance of the evidence as in other civil cases. In the event a hearing cannot be scheduled within the county where the case is pending within the 30 day period, the same shall be scheduled and

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heard within any other county of that circuit. If a hearing is not held within 30 days of the filing of the petition, the petition shall stand dismissed unless the parties otherwise agree. (c) Social service agency staff members designated by the court may explain to all petitioners not represented by counsel the procedures for filling out and filing all forms and pleadings necessary for the presentation of their petition to the court. The clerk of the court may provide forms for petitions and pleadings to petitioners and to any other person designated by the superior court pursuant to this Code section as authorized to advise petitioners on filling out and filing such petitions and pleadings. The clerk shall not be required to provide assistance to persons in completing such forms or in presenting their case to the court. Any assistance provided pursuant to this Code section shall be performed without cost to the petitioners. The performance of such assistance shall not constitute the practice of law as defined in Code Section 15-19-51. (d) If the court finds a party is avoiding service to delay a hearing, the court may delay dismissal of the petition for an additional 30 days.

19-13A-4. (a)(1) In order to determine if a protective order alleging dating violence shall be granted, the court shall provide findings of fact establishing that: (A) There is a committed romantic relationship between the parties that is not associated with mere friendship or ordinary business, social, or educational fraternization; (B) Factors exist which corroborate the dating relationship; (C) The parties developed interpersonal bonding above a mere casual fraternization; (D) The length of the relationship between the parties is indicative of a dating relationship; (E) The nature and frequency of the parties' interactions, including communications, indicate the parties intended to be in a dating relationship; (F) The parties by statement or conduct demonstrated an affirmation of their relationship to others; or (G) Both parties have acknowledged the dating relationship. (2) Nothing in this chapter shall be construed as preventing the filing or granting of a protective order otherwise provided for under law for persons who reside together.
(b) The court may, upon the filing of a verified petition and as provided in subsection (a) of this Code section, grant any protective order or approve any consent agreement to bring about a cessation of acts of dating violence. The court shall not have the authority to issue or approve mutual protective orders concerning paragraph (1), (3), or (5) of this subsection, or any combination thereof, unless the respondent has filed a verified petition as a counter petition pursuant to Code Section 19-13A-3 no later than three days prior to the hearing and the provisions of Code Section 19-13A-3 have been satisfied. The orders or agreements may:

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(1) Direct the respondent to refrain from such acts; (2) Provide for possession of personal property of the parties; (3) Order the respondent to refrain from harassing or interfering with the petitioner; (4) Award costs and attorney's fees to either party; and (5) Order the respondent to receive appropriate psychiatric, psychological, or educational services as a further measure to prevent the recurrence of dating violence. (c) A copy of the order shall be issued by the clerk of the superior court to the sheriff of the county wherein the order was entered and shall be retained by the sheriff as long as that order shall remain in effect. (d) Any order granted under this Code section shall remain in effect for up to one year; provided, however, that upon the motion of a petitioner and notice to the respondent and after a hearing, the court in its discretion may convert a temporary order granted under this Code section to an order effective for not more than three years or to a permanent order. (e) A protective order issued pursuant to this Code section shall apply and shall be effective throughout this state. It shall be the duty of every superior court and of every sheriff, every deputy sheriff, and every state, county, or municipal law enforcement officer within this state to enforce and carry out the terms of any valid protective order issued by any court under the provisions of this Code section.

19-13A-5. The remedies provided by this chapter are not exclusive but are additional to any other remedies provided by law.

19-13A-6. A violation of an order issued pursuant to this chapter may be punished by an action for contempt or criminally punished as provided in Article 7 of Chapter 5 of Title 16."

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

Approved May 10, 2021.

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HEALTH JOINT HOSPITAL AUTHORITIES; TERM LIMITS FOR MEMBERS; LIMITS ON UTILIZATION OF REVENUES OF CERTAIN JOINT HOSPITAL AUTHORITIES.

No. 274 (House Bill No. 370).

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 provide for term limits for members of joint hospital authorities; to provide that joint hospital authorities that lease certain hospitals are subject to limitations on utilization of revenues; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, is amended in Code Section 31-7-72, relating to creation of county and municipal hospital authorities, by revising subsection (d) as follows:
"(d)(1) Any two or more counties or any two or more municipalities or any county or municipality, or a combination of any county and any municipality, by a like resolution or ordinance of their respective governing bodies, may authorize the exercise of the powers provided for in this article by an authority. The membership of such authority affected by like resolutions of the respective governing bodies of any two or more of the governing bodies of the participating units shall be not less than five nor more than 15 members, the terms and distribution of members between the participating units to be provided for by the resolutions adopted by the governing bodies of the participating units, except as otherwise provided in paragraph (2) of this subsection. The resolutions of the governing bodies of participating units acting together for the creation of an authority may be amended by the governing bodies of the participating units from time to time. Where the governing bodies of participating units have acted together for the creation of an authority under this subsection and where at least one of those participating units is a county having a population of 35,000 or less according to the United States decennial census of 1990 or any future such census, the method of filling vacancies upon such authority may be changed only by local Act of the General Assembly and, when so changed, shall be governed by that local Act.
(2)(A) On and after July 1, 2021, no person shall serve as a member of a hospital authority for more than three consecutive terms, or 12 years, whichever is longer.

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(B) This paragraph shall only apply to joint hospital authorities established pursuant to this subsection which operate or lease a hospital containing more than 900 licensed beds."

SECTION 2. Said article is further amended in Code Section 31-7-77, relating to prohibition on for-profit projects, rates and charges, and utilization of revenues to pay certain obligations, by revising subsection (b) as follows:
"(b) Notwithstanding subsection (a) of this Code section or any other provisions to the contrary, a joint hospital authority established pursuant to Code Section 31-7-72 which operates or leases a hospital containing more than 900 licensed beds shall only utilize revenues to pay principal and interest on certificates and obligations of the authority, to pay pension plan obligations of the authority existing as of January 1, 2021, and for funding projects leased by the authority to a lessee pursuant to a contract entered into in accordance with paragraph (7) of Code Section 31-7-75; provided, however, that no more than 1 percent of revenues shall be utilized to pay for personnel costs for employees or contractors of the authority and no revenues shall be used to perform any power or duty delegated in a lease."

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

Approved May 10, 2021.

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TORTS TRANSFER OF STRUCTURED SETTLEMENT PAYMENT RIGHTS; REGULATION.

No. 275 (House Bill No. 443).

AN ACT

To amend Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages, so as to provide for new requirements regarding the transfer of structured settlement payment rights; to provide for definitions; to provide for registration of transferees; to provide for requirements; to provide for a fee by the Secretary of State; to provide for prohibited acts; to provide for required disclosures; to provide for approval of transfers; to provide for related matters; to provide for a short title; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to damages, is amended by repealing Article 4, relating to damages in tort actions, in its entirety and replacing it with a new Article 4 to read as follows:

"ARTICLE 4

51-12-71. This article shall be known and may be cited as the 'Georgia Structured Settlement Protection Act.'

51-12-72. As used in this article, the term:
(1) 'Annuity issuer' means an insurer that has issued a contract to fund periodic payments under a structured settlement. (2) 'Assignee' means a person or entity acquiring or proposing to acquire structured settlement payments from a structured settlement purchase company or transferee after, or concurrently with, the transfer by the payee to the structured settlement purchase company or transferee. (3) 'Dependents' include a payee's spouse and minor children and all other persons for whom the payee is legally obligated to provide support, including alimony. (4) 'Discounted present value' means the present value of future payments determined by discounting such payments to the present using the most recently published Applicable Federal Rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service. (5) 'Gross advance amount' means the sum payable to the payee or for the payee's account as consideration for a transfer of structured settlement payment rights, before any reductions for transfer expenses or other deductions to be made from such consideration. (6) 'Independent professional advice' means advice of an attorney, certified public accountant, actuary, or other licensed professional adviser. (7) 'Interested party' means, with respect to any structured settlement, the payee, any beneficiary irrevocably designated under the annuity contract to receive payments following the payee's death, the annuity issuer, the structured settlement obligor, and any party to the structured settlement that has continuing obligations to make payments under the structured settlement. (8) 'Net advance amount' means the gross advance amount, less the aggregate amount of the actual and estimated transfer expenses required to be disclosed under paragraph (5) of subsection (a) of Code Section 51-12-76.

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(9) 'Payee' means an individual who is receiving tax free payments under a structured settlement and proposes to make a transfer of payment rights thereunder. (10) 'Periodic payments' includes both recurring payments and scheduled future lump sum payments. (11) 'Qualified assignment agreement' means an agreement providing for a qualified assignment within the meaning of Section 130 of the United States Internal Revenue Code, United States Code Title 26, as amended. (12) 'Renewal date' means the date on which a registered structured settlement purchase company is required to have renewed their registration under this statute, which date shall be one year after the initial registration or any subsequent renewal. (13) 'Structured settlement' means an arrangement for periodic payment of damages for personal injuries or sickness established by settlement or judgment in resolution of a tort claim. (14) 'Structured settlement agreement' means the agreement, judgment, stipulation, or release embodying the terms of a structured settlement. (15) 'Structured settlement obligor' means, with respect to any structured settlement, the party that has the continuing obligation to make periodic payments to the payee under a structured settlement agreement or qualified assignment agreement. (16) 'Structured settlement payment rights' means rights to receive periodic payments under a structured settlement, whether from the structured settlement obligor or the annuity issuer, where the payee is domiciled in this state or the structured settlement agreement was approved by a court in this state. (17) 'Structured settlement purchase company' means a person that acts as a transferee in this state and who is registered with the Secretary of State pursuant to Code Section 51-12-73. (18) 'Structured settlement transfer proceeding' means a court proceeding filed by a structured settlement purchase company seeking court approval of a transfer in accordance with this article. (19) 'Terms of the structured settlement' include, with respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement, and any order or other approval of any court. (20) 'Transfer' means any sale, assignment, pledge, hypothecation, or other alienation or encumbrance of structured settlement payment rights made by a payee for consideration. Such term shall not include the creation or perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into with an insured depository institution, in the absence of any action to redirect the structured settlement payments to such insured depository institution, or an agent or successor in interest thereof, or otherwise to enforce such blanket security interest against the structured settlement payment rights. (21) 'Transfer agreement' means the agreement providing for a transfer of structured settlement payment rights.

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(22) 'Transfer expense' means all expenses of a transfer that are required under the transfer agreement to be paid by the payee or deducted from the gross advance amount, including, without limitation, court filing fees, attorney fees, escrow fees, lien recordation fees, judgment and lien search fees, finders' fees, commissions, and other payments to a broker or other intermediary. Such term shall not include preexisting obligations of the payee payable for the payee's account from the proceeds of the transfer. (23) 'Transfer order' means an order approving a transfer in accordance with Code Section 51-12-77. (24) 'Transferee' means a party acquiring or proposing to acquire structured settlement payment rights through a transfer.

51-12-73. (a) A person or entity shall not act as a transferee, attempt to acquire structured settlement payment rights through a transfer from a payee who resides in this state, or file a structured settlement transfer proceeding in this state unless the person or entity has registered with the Secretary of State to do business in this state.
(b)(1) An applicant's initial registration application shall be submitted on a form prescribed by the Secretary of State, and shall include a sworn certification by an owner, officer, director, or manager of the applicant, if the applicant is an entity, or by the individual applicant if the applicant is an individual, certifying that the applicant has secured a surety bond, or has been issued a letter of credit, or has posted a cash bond in the amount of $50,000.00, relative to its business as a structured settlement purchase company in this state. The surety bond or letter of credit is intended to protect payees who do business with a structured settlement purchase company. (2) The bond shall be payable to the State of Georgia. (3) The bond, letter of credit, or cash bond shall be effective concurrently with the applicant's registration with the Secretary of State and shall remain in effect for not less than three years after expiration or termination of that registration. The bond, letter of credit, or cash bond shall be renewed each year when the registration of the applicant is renewed. (4) The applicant shall submit to the Secretary of State a copy of the bond, letter of credit, or cash bond with its registration or renewal application. (5) The bond, letter of credit, or cash bond is intended to ensure that the structured settlement purchase company will comply with the provisions of this article relative to the payee and perform its obligations to payee under this article, and to provide a source for recovery for the payee should a payee recover a judgment against a structured settlement purchase company for a violation of this article. (6) The Secretary of State shall be authorized to set and charge a fee to offset the costs of processing and maintaining the registration required by this Code section. (c) Within ten days after a judgment is secured against a structured settlement purchase company by a payee, the structured settlement purchase company shall file a notice with

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the Secretary of State and the surety providing a copy of the judgment and the name and address of the judgment creditor, and include the status of the matter, including whether the judgment will be appealed, or has been paid or satisfied. (d) The liability of the surety under the bond shall not be affected by any breach of contract, breach of warranty, failure to pay a premium or other act or omission of the bonded structured settlement purchase company, or by any insolvency or bankruptcy of the structured settlement purchase company. (e) Neither the bonded structured settlement purchase company nor the surety shall cancel or modify the bond during the term for which it is issued, except with written notice to the Secretary of State at least 20 days prior to the effective date of such cancellation or modification. (f) In the event of a cancellation of the bond, the registration of the structured settlement purchase company shall automatically expire unless a new surety bond, letter of credit, or cash bond, which complies with this Code section, is filed with the Secretary of State. The cancellation or modification of a bond shall not affect any liability of the bonded surety company incurred before the cancellation or modification of the bond. (g) The applicant shall comply with all of the provisions of this article when acting as a structured settlement purchase company and filing structured settlement transfer proceedings in this state. (h) An assignee shall not be required to register as a structured settlement purchase company in order to acquire structured settlement payment rights or to take a security interest in structured settlement payment rights that were transferred by the payee to a structured settlement purchase company. (i) An employee of a structured settlement purchase company, if acting on behalf of the employer structured settlement purchase company in connection with a transfer, is not required to be registered. (j) A registered structured settlement purchase company shall renew its registration annually, on or before the renewal date, and provide the certifications set forth in this Code section.

51-12-74. (a) A transferee or structured settlement purchase company, and an employee or representative of a transferee or structured settlement purchase company, shall not engage in any of the following actions:
(1) Pursue or complete a transfer with a payee without complying with this article; (2) Refuse or fail to fund a transfer, following court approval of the transfer; (3) Acquire structured settlement payment rights from the payee without complying with this article and securing court approval of the transfer in accordance with this article; (4) Intentionally file a structured settlement transfer proceeding in any court other than the court specified in subsection (a) of Code Section 51-12-79, unless the transferee is required to file in some other court by other applicable law;

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(5) Pay a commission or finder's fee to a person or entity for facilitating or arranging a structured settlement transfer with a payee, unless such person or entity is registered as a structured settlement purchase company or is an employee of a registered structured settlement purchase company. A structured settlement purchase company may pay to third parties routine transfer expenses, such as court filing fees, escrow fees, lien recordation fees, judgment and lien search fees, attorney fees, and other similar types of fees relating to a transfer. A structured settlement purchase company may pay a reasonable referral fee to an attorney, certified public accountant, actuary, licensed insurance agent, or other licensed professional advisor in connection with a transfer; (6) Intentionally advertise materially false or misleading information regarding its products or services; (7) Attempt to coerce, bribe, or intimidate any payee seeking to transfer structured settlement payment rights; (8) Attempt to defraud a payee or any party to a structured settlement transfer or any interested party in a structured settlement transfer proceeding by means of forgery or false identification; (9) Intervene in a pending structured settlement transfer proceeding, if the transferee or structured settlement purchase company is not a party to such proceeding or an interested party relative to the proposed transfer which is the subject of the pending structured settlement transfer proceeding. However, this shall not preclude a structured settlement purchase company from intervening in a pending structured settlement transfer proceeding where the payee has signed a transfer agreement with the structured settlement purchase company within 60 days prior to the filing of the pending structured settlement proceeding, and the structured settlement purchase company who filed the pending structured settlement transfer proceeding violated any of the provisions of this article in connection with the proposed transfer that is the subject of the pending structured settlement transfer proceeding; (10) Knowingly contact a payee who has signed a transfer agreement and is pursuing a proposed transfer with another structured settlement purchase company for the purpose of inducing the payee into canceling the proposed transfer or transfer agreement with the other structured settlement purchase company, if a structured settlement transfer proceeding has been filed by the other structured settlement purchase company and is pending. However, if no hearing has been held in the pending structured settlement transfer proceeding within 90 days of the filing of same, this paragraph shall not apply; or (11) Fail to dismiss a pending structured settlement transfer proceeding at the request of the payee. A dismissal of a structured settlement proceeding under this Code section shall not exempt a person who violates this Code section from any liability under this article. (b) A payee may pursue a private action as a result of a violation of this Code section, and may recover all damages and pursue all rights and remedies to which the payee may be entitled under this article, the Fair Business Practices Act, or other applicable law.

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(c) A structured settlement purchase company may pursue a private action to enforce paragraphs (4), (7), (9), (10), or (11) of subsection (a) of this Code section as a result of a violation of such paragraphs, and may recover all damages and pursue all remedies to which the structured settlement purchase company may be entitled under this article or other applicable law. (d) If a court determines that a structured settlement purchase company or transferee is in violation of this Code section, the court may revoke the registration of the structured settlement purchase company, suspend the registration of the structured settlement purchase company for a period of time to be determined at the discretion of the court, or enjoin the structured settlement purchase company or transferee from filing new structured settlement transfer proceedings or pursuing transfers in this state.

51-12-75. A transfer order signed by a Georgia court of competent jurisdiction in accordance with this article shall constitute a qualified order under 26 U.S.C. Section 5891. A transfer order signed by a Georgia court of competent jurisdiction after the effective date of this article, where the transferee is not a registered structured settlement purchase company at the time the transfer order is signed shall not constitute a qualified order under 26 U.S.C. Section 5891.

51-12-76. Not less than ten days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than 14 point font, setting forth the following:
(1) The amounts and due dates of the structured settlement payments to be transferred; (2) The aggregate amount of such payments; (3) The discounted present value of the payments to be transferred, which shall be identified as the 'calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities,' and the amount of the Applicable Federal Rate used in calculating such discounted present value; (4) The gross advance amount; (5) An itemized listing of all applicable transfer expenses, other than attorney fees and related disbursements, payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of any such fees and disbursements; (6) The effective annual interest rate, which must be disclosed in a statement in the following form: 'On the basis of the net amount that you will receive from us and the amounts and timing of the structured settlement payments that you are transferring to us, you will, in effect be paying interest to us at a rate of ___ percent per year.'; (7) The net advance amount;

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(8) The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee; (9) That the payee has the right to cancel the transfer agreement, without penalty or further obligation, until the transfer is approved by the court; (10) That the payee has the right to seek and receive independent professional advice regarding the proposed transfer and should consider doing so before agreeing to transfer any structured settlement payment rights; and (11) That the payee has the right to seek out and consider additional offers for transferring the structured settlement payments and should do so.

51-12-77. No direct or indirect transfer of structured settlement payment rights shall be effective, and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee or assignee of structured settlement payment rights, unless the transfer has been approved in advance in a final court order based on express findings by such court that all of the following apply:
(1) The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents; (2) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer, and has either received such advice or knowingly waived in writing the opportunity to seek and receive such advice; and (3) The transfer does not contravene any applicable statute or the order of any court or other government authority.

51-12-78. (a) Following a transfer of structured settlement payment rights, the structured settlement obligor and the annuity issuer may rely on the court order approving the transfer in redirecting periodic payments to an assignee or transferee in accordance with the order approving the transfer and shall, as to all parties except the transferee or an assignee designated by the transferee, be discharged and released from any and all liability for the redirected payments. Such discharge and release shall not be affected by the failure of any party to the transfer to comply with this article or with the court order approving the transfer. (b) The transferee shall be liable to the structured settlement obligor and the annuity issuer:
(1) If the transfer contravenes the terms of the structured settlement, for any taxes incurred by the structured settlement obligor or annuity issuer as a consequence of the transfer; and (2) For any other liabilities or costs, including reasonable costs and attorney fees, arising from compliance by the structured settlement obligor or annuity issuer with the court order approving the transfer, or from the failure of any party to the transfer to comply with this article.

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(c) Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees. (d) Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this article.

51-12-79. (a) An application under this article for approval of a transfer of structured settlement payment rights shall be made by the transferee. The application shall be brought in superior court in the county in which the payee is domiciled, except that if the payee is not domiciled in this state, the application may be brought in the court in this state that approved the structured settlement agreement. (b) At the time any application is made under this article for approval of a transfer of structured settlement payment rights, the transferee's application shall include evidence that the transferee is registered to do business in this state as a structured settlement purchase company. (c) A timely hearing shall be held on an application for approval of a transfer of structured settlement payment rights. The payee shall appear in person at the hearing, unless the court determines that good cause exists to excuse the payee from appearing in person. (d) Not less than 20 days prior to the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under Code Section 51-12-77, the transferee shall file with the court and serve on all interested parties a notice of the proposed transfer and the application for authorization. Such notice and application shall include all of the following:
(1) A copy of the transferee's application; (2) A copy of the transfer agreement; (3) A copy of the disclosure statement required under Code Section 51-12-76; (4) The payee's name, age, county of domicile, and the number and ages of each of the payee's dependents; (5) A summary of:
(A) Any prior transfers by the payee to the transferee or an affiliate, or through the transferee or an affiliate to an assignee, within the four years preceding the date of the transfer agreement and any proposed transfers by the payee to the transferee or an affiliate, or through the transferee or an affiliate, applications for approval of which were denied within the two years preceding the date of the transfer agreement; and (B) Any prior transfers by the payee to any person or entity other than the transferee or an affiliate or an assignee of the transferee or an affiliate within the three years preceding the date of the transfer agreement, and any prior proposed transfers by the payee to any person or entity other than the transferee or an affiliate or an assignee of a transferee or affiliate, applications for approval of which were denied within the one year preceding the date of the current transfer agreement, to the extent that the transfers

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or proposed transfers have been disclosed to the transferee by the payee in writing or otherwise are actually known to the transferee; (6) Notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or by participating in the hearing; (7) Notification of the time and place of the hearing and notification of the manner in which and the date by which written responses to the application must be filed, which date shall be not less than five days prior to the hearing, in order to be considered by the court; and (8) Evidence of the transferee's registration to do business in this state as a structured settlement purchase company.

51-12-80. (a) The provisions of this article shall not be waived by any payee. (b) Any transfer agreement entered into on or after the effective date of this article by a payee who is domiciled in this state shall provide that disputes under such transfer agreement, including any claims that the payee has breached the agreement, shall be determined in and under the laws of the State of Georgia. No such transfer agreement shall authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee. (c) No transfer of structured settlement payment rights shall extend to any payments that are life contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for periodically confirming the payee's survival and giving the annuity issuer and the structured settlement obligor prompt written notice in the event of the payee's death. (d) If the payee cancels a transfer agreement, or if the transfer agreement otherwise terminates, after an application for approval of a transfer of structured settlement payment rights has been filed and before it has been granted or denied, the transferee shall promptly request dismissal of the application. (e) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on any failure of such transfer to satisfy the conditions of this article. (f) Nothing contained in this article shall:
(1) Be construed to authorize any transfer of structured settlement payment rights in contravention of any applicable law or to imply that any transfer under a transfer agreement entered into prior to the effective date of this article is valid or invalid; or (2) Affect the validity of any transfer of structured settlement payment rights, whether under a transfer agreement entered into prior to or subsequent to the effective date of this article, in which the structured settlement obligor and annuity issuer have waived, or have

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not asserted their rights under, terms of the structured settlement prohibiting or restricting sale, assignment, or encumbrance of the structured settlement payment rights. (g) The compliance with the requirements set forth in Code Section 51-12-76 and fulfillment of the conditions set forth in Code Section 51-12-77 shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with such requirements or failure to fulfill such conditions. (h) This article shall apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after July 1, 2021."

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

Approved May 10, 2021.

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LOCAL GOVERNMENT LIMITATION ON ANNEXATION; PROHIBIT ANNEXATION OF COUNTY OPERATED AIRPORT PROPERTY BY CERTAIN MUNICIPAL CORPORATIONS ABSENT APPROVAL BY THE COUNTY OPERATING THE AIRPORT.

No. 276 (House Bill No. 459).

AN ACT

To amend Article 5 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to limitation on annexation of areas furnished services or included in comprehensive zoning plan by certain counties, so as to prohibit annexations of county operated airport property by governing authorities of certain municipal corporations absent approval by the governing authority of the county operating the airport; 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 36 of Title 36 of the Official Code of Georgia Annotated, relating to limitation on annexation of areas furnished services or included in comprehensive zoning

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plan by certain counties, is amended by revising Code Section 36-36-70, which is reserved, as follows:
"36-36-70. A municipality that contains more than 85 square miles within its corporate limits shall not annex any territory on which a public airport operated by a county is located unless the governing authority of such county adopts a resolution approving such annexation within 90 days prior to the governing authority of the municipality holding a vote on such annexation."

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

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

Approved May 10, 2021.

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PROFESSIONS AND BUSINESSES PROPERTY REAL ESTATE BROKERS; QUALIFICATIONS; REGISTERED INTERIOR DESIGNERS; LIENS FOR LABOR, SERVICES, AND MATERIALS.

No. 277 (House Bill No. 480).

AN ACT

To amend various titles of the Official Code of Georgia Annotated so as to change certain provisions related to certain professions licensed in this state; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to revise qualifications to become an applicant for a real estate broker's license; 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 liens, so as to provide for the creation, declaration, amendment, notice, and priority of liens for labor, services, or materials performed or furnished by registered interior designers; to provide for definitions; to provide for commencement of actions and limitations on amount of such liens; to provide for rights as to liens of partnerships, corporations, and associations made up of or employing registered interior designers; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, is amended by revising paragraph (4) of subsection (c) of Code Section 43-40-8, relating to qualifications of licensees, course of study for licensed salespersons, lapse, reinstatement, renewal, continuing education, and standards for courses, as follows:
"(4) Have maintained a salesperson's license in active status for at least three of the five years immediately preceding the filing of an application to become a broker or have maintained a broker's license in active status for at least five years to become a broker;"

SECTION 2. Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen liens, is amended by revising Code Section 44-14-360, relating to definitions, as follows:
"44-14-360. As used in this part, the term:
(.1) 'Business day' means any day that is not a Saturday, Sunday, or legal holiday. (1) 'Contractor' means a contractor having privity of contract with the owner of the real estate. (2) 'Land surveyor' shall have the same meaning as provided in Code Section 43-15-2. (2.1) 'Lien action' means a lawsuit, proof of claim in a bankruptcy case, or a binding arbitration. (3) 'Materials,' in addition to including those items for which liens are already permitted under this part, means tools, appliances, machinery, or equipment used in making improvements to the real estate, to the extent of the reasonable value or the contracted rental price, whichever is greater, of such tools, appliances, machinery, or equipment. (4) 'Materialmen' means all persons furnishing the materials, tools, appliances, machinery, or equipment included in the definition of materials in paragraph (3) of this Code section. (5) 'Professional engineer' shall have the same meaning as provided in Code Section 43-15-2. (6) 'Registered forester' shall have the same meaning as provided in Code Section 12-6-41. (7) 'Registered interior designer' shall have the same meaning as provided in Code Section 43-4-1. (8) 'Registered land surveyors' and 'registered professional engineers' means land surveyors or professional engineers who are registered as land surveyors or professional engineers under Chapter 15 of Title 43 at the time of performing, rendering, or furnishing services protected under this part.

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(9) 'Residential property' means single-family and two-family, three-family, and four-family residential real estate. (10) 'Subcontractor' means, but is not limited to, subcontractors having privity of contract with the contractor."

SECTION 3. Said part is further amended by revising Code Section 44-14-361, relating to the creation of liens, property to which lien attaches, and items to be included in lien, as follows:
"44-14-361. (a) The following persons shall each have a special lien on the real estate, factories, railroads, or other property for which they furnish labor, services, or materials:
(1) All mechanics of every sort who have taken no personal security for work done and material furnished in building, repairing, or improving any real estate of their employers; (2) All contractors, all subcontractors and all materialmen furnishing material to subcontractors, and all laborers furnishing labor to subcontractors, materialmen, and persons furnishing material for the improvement of real estate; (3) All registered architects furnishing plans, drawings, designs, or other architectural services on or with respect to any real estate; (4) All registered foresters performing or furnishing services on or with respect to any real estate; (5) All registered land surveyors and registered professional engineers performing or furnishing services on or with respect to any real estate; (6) All contractors, all subcontractors and materialmen furnishing material to subcontractors, and all laborers furnishing labor for subcontractors for building factories, furnishing material for factories, or furnishing machinery for factories; (7) All machinists and manufacturers of machinery, including corporations engaged in such business, who may furnish or put up any mill or other machinery in any county or who may repair the same; (8) All contractors to build railroads; (9) All suppliers furnishing rental tools, appliances, machinery, or equipment for the improvement of real estate; and (10) All registered interior designers furnishing plans, drawings, designs, or other interior design services on or with respect to any real estate. (b) Each special lien specified in subsection (a) of this Code section may attach to the real estate of the owner for which the labor, services, or materials are furnished if they are furnished at the instance of the owner, contractor, or some other person acting for the owner or contractor and shall include the value of work done and materials furnished in any easement or public right of way adjoining said real estate if the work done or materials furnished in the easement or public right of way is for the benefit of said real estate and is within the scope of the owner's contract for improvements to said real estate.

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(c) Each special lien specified in subsection (a) of this Code section shall include the amount due and owing the lien claimant under the terms of its express or implied contract, subcontract, or purchase order subject to subsection (e) of Code Section 44-14-361.1. (d) Each special lien specified in subsection (a) of this Code section shall include interest on the principal amount due in accordance with Code Section 7-4-2 or 7-4-16."

SECTION 4. Said part is further amended by revising Code Section 44-14-361.1, relating to how liens declared and created, amendment, record, commencement of action, notice, priorities, parties, and limitation on aggregate amount of liens, as follows:
"44-14-361.1. (a) To make good the liens specified in paragraphs (1) through (8) and (10) of subsection (a) of Code Section 44-14-361, they must be created and declared in accordance with the following provisions, and on failure of any of them the lien shall not be effective or enforceable:
(1) A substantial compliance by the party claiming the lien with his or her contract for building, repairing, or improving; for architectural services furnished; for registered forester services furnished or performed; for registered land surveying or registered professional engineering services furnished or performed; for materials or machinery furnished or set up; or for registered interior design services furnished or performed; (2) The filing for record of his or her claim of lien within 90 days after the completion of the work, the furnishing of the architectural services, or the furnishing or performing of such surveying, engineering services, or interior design services or within 90 days after the material or machinery is furnished in the office of the clerk of the superior court of the county where the property is located. The lien shall include a statement regarding its expiration pursuant to Code Section 44-14-367 and a notice to the owner of the property on which a claim of lien is filed that such owner has the right to contest the lien; the absence of such statement or notice shall invalidate the lien. The claim shall be in substance as follows:
'A.B., a mechanic, contractor, subcontractor, materialman, machinist, manufacturer, registered architect, registered forester, registered land surveyor, registered professional engineer, registered interior designer, or other person (as the case may be) claims a lien in the amount of (specify the amount claimed) on the house, factory, mill, machinery, or railroad (as the case may be) and the premises or real estate on which it is erected or built, of C.D. (describing the houses, premises, real estate, or railroad), for satisfaction of a claim which became due on (specify the date the claim was due, which is the same as the last date the labor, services, or materials were supplied to the premises) for building, repairing, improving, or furnishing material (or whatever the claim may be).' No later than two business days after the date the claim of lien is filed of record, the lien claimant shall send a true and accurate copy of the claim of lien by registered or certified mail or statutory overnight delivery to the owner of the property or, if the owner's address

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cannot be found, the contractor, as the agent of the owner; provided, however, that if the property owner is an entity on file with the Secretary of State's Corporations Division, sending a copy of the claim of lien to the entity's address or the registered agent's address shall satisfy this requirement. In all cases in which a notice of commencement is filed with the clerk of the superior court pursuant to subsection (b) of Code Section 44-14-361.5, a lien claimant shall also send a copy of the claim of lien by registered or certified mail or statutory overnight delivery to the contractor at the address shown on the notice of commencement; (3) The commencement of a lien action for the recovery of the amount of the party's claim within 365 days from the date of filing for record of his or her claim of lien. In addition, within 30 days after commencing such lien action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by such party's attorney of record, but failure to execute the notice under oath shall be an amendable defect which may be cured by the party claiming the lien or by such party's attorney without leave of court at any time before entry of the pretrial order and thereafter by leave of court. An amendment of notice pursuant to this Code section shall relate back to the date of filing of the notice. The notice shall identify the court or arbitration venue wherein the lien action is brought; the style and number, if any, of the lien action, including the names of all parties thereto; the date of the filing of the lien action; and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commencement of this action; and (4) In the event any contractor or subcontractor procuring material, architect's services, registered forester's services, registered land surveyor's services, registered interior designer's services, or registered professional engineer's services, labor, or supplies for the building, repairing, or improving of any real estate, building, or other structure shall abscond or die or leave the state during the required time period for filing a lien action, so that personal jurisdiction cannot be obtained on the contractor or subcontractor in a lien action for the services, material, labor, or supplies, or if the contractor or subcontractor shall be adjudicated a bankrupt, or if, after the filing of a lien action, no final judgment can be obtained against him or her for the value of such material, services, labor, or supplies because of his or her death, adjudication in bankruptcy, or the contract between the party claiming the lien and the contractor or subcontractor includes a provision preventing payment to the claimant until after the contractor or the subcontractor has

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received payment, then and in any of these events, the person or persons furnishing material, services, labor, and supplies shall be relieved of the necessity of filing a lien action or obtaining judgment against the contractor or subcontractor as a prerequisite to enforcing a lien against the property improved by the contractor or subcontractor. Subject to Code Section 44-14-361, the person or persons furnishing material, services, labor, and supplies may enforce the lien directly against the property so improved in a lien action against the owner thereof, if filed within the required time period for filing a lien action, with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of the property; provided, however, that in such lien action for recovery, the owner of the real estate improved, who has paid the agreed price or any part of same, may set up the payment in any lien action brought and prove by competent and relevant evidence that the payments were applied as provided by law, and no judgment shall be rendered against the property improved. Within 30 days after filing such lien action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed. The notice shall contain a caption referring to the then owner of the property against which the lien was filed and referring to a deed or other recorded instrument in the chain of title of the affected property. The notice shall be executed, under oath, by the party claiming the lien or by his or her attorney of record. The notice shall identify the court or arbitration venue wherein the lien action is brought; the style and number of the lien action, if any, including the names of all parties thereto; the date of the filing of the lien action; and the book and page number of the records of the county wherein the subject lien is recorded in the same manner in which liens specified in Code Section 44-14-361 are filed. The clerk of the superior court shall enter on the subject lien so referred to the book and page on which the notice is recorded and shall index such notice in the name of the then purported owner as shown by the caption contained in such notice. A separate lis pendens notice need not be filed with the commencement of this action. (a.1) A claim of lien may be amended at any time to reduce the amount claimed, and such amended claim of lien shall relate back to the date of filing for record of the original claim of lien. An amended claim of lien filed for record pursuant to this subsection shall be in substance as follows: 'That certain claim of lien filed by A.B. against property of C.D. on (date) and recorded at book (book#), page (page#) in the lien index of (name of county) County is hereby amended by reducing the amount of such claim of lien to (specify reduced amount claimed). The remaining terms of such original claim of lien are hereby incorporated by reference into this amended claim of lien. This amended claim of lien relates back to the date that such original claim of lien was filed for record.' and shall be sent to the owner of the property in the same manner as required for a claim of lien in paragraph (2) of subsection (a) of this Code section.

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(b) As between themselves, the liens provided for in Code Section 44-14-361 shall rank according to the date filed; but all of the liens mentioned in this Code section for repairs, building, or furnishing materials or services, upon the same property, shall, as to each other, be of the same date when declared and filed for record within 90 days after the work is done or before that time. (c) The liens specified in Code Section 44-14-361 shall be inferior to liens for taxes, to the general and special liens of laborers, to the general lien of landlords of rent when a distress warrant is issued out and levied, to claims for purchase money due persons who have only given bonds for titles, and to other general liens when actual notice of the general lien of landlords and others has been communicated before the work was done or materials or services furnished; but the liens provided for in Code Section 44-14-361 shall be superior to all other liens not excepted by this subsection. (d) In any proceeding brought by any materialman, by any mechanic, by any laborer, by any subcontractor, or by any mechanic of any sort employed by any subcontractor or by any materialmen furnishing material to any subcontractor, or by any laborer furnishing labor to any subcontractor, to enforce such a lien, the contractor having a direct contractual relationship with the subcontractor shall not be a necessary party; but he or she may be made a party. In any proceedings brought by any mechanic employed by any subcontractor, by any materialmen furnishing material to any subcontractor, or by any laborer furnishing labor to any subcontractor, the subcontractor shall not be a necessary party; but he or she may be made a party. The contractor or subcontractor or both may intervene in the proceedings at any time before judgment for the purpose of resisting the establishment of the lien or of asserting against the lienor any claim of the contractor or subcontractor growing out of or related to the transaction upon which the asserted lien is based. (e) In no event shall the aggregate amount of liens set up by Code Section 44-14-361 exceed the contract price of the improvements made or services performed. (f) The filing fees for a claim of materialman's or mechanic's lien and any related document created pursuant to this Code section, including but not limited to a notice of commencement of action, shall be the amount set by Code Section 15-6-77 for liens on real estate and personal property."

SECTION 5. Said part is further amended by revising Code Section 44-14-361.3, relating to preliminary notice of lien, form, notice to contractor, filing, and necessity of preliminary notice, as follows:
"44-14-361.3. (a) Prior to filing a claim of lien, a person having a lien under paragraphs (1) through (8) and (10) of subsection (a) of Code Section 44-14-361 may at such person's option file a preliminary notice of lien rights. The preliminary notice of lien rights in order to be effective shall:

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(1) Be filed with the clerk of superior court of the county in which the real estate is located within 30 days after the date a party delivered any materials or provided any labor or services for which a lien may be claimed; (2) State the name, address, and telephone number of the potential lien claimant; (3) State the name and address of the contractor or other person at whose instance the labor, services, or materials were furnished; (4) State the name of the owner of the real estate and include a description sufficient to identify the real estate against which the lien is or may be claimed; and (5) Include a general description of the labor, services, or materials furnished or to be furnished. (b) A party filing a preliminary notice of lien rights except a contractor shall, within seven days of filing the notice, send by registered or certified mail or statutory overnight delivery a copy of the notice to the contractor on the property named in the notice or to the owner of the property. The lien claimant may rely on the building permit issued on the property for the name of the contractor. (c) The clerk of each superior court shall maintain within the records of that office a record separate from all other real estate records in which preliminary notices specified in subsection (a) of this Code section and affidavits specified in subsection (c) of Code Section 44-14-361.4 shall be filed. Each such notice and affidavit shall be indexed under the name of the owner as contained in the preliminary notice. The clerk shall collect a filing fee of $5.00 for the filing of each preliminary notice. (d) A person having a lien under paragraphs (1) through (8) and (10) of subsection (a) of Code Section 44-14-361 may enforce the lien without filing a preliminary notice of lien."

SECTION 6. Said part is further amended by revising Code Section 44-14-365, relating to rights as to liens of partnerships, corporations, and associations made up of or employing registered architects, foresters, land surveyors, or professional engineers, as follows:
"44-14-365. If services are performed or furnished with respect to any real estate by any registered architect, registered forester, registered land surveyor, registered professional engineer, or registered interior designer who is a member of a partnership or who is an agent or employee of a corporation or an association and the contract for the services is made for or on behalf of the owner with the partnership or corporation or association, the partnership, corporation, or association shall be entitled to all the privileges and benefits of Code Sections 44-14-361 and 44-14-362, just as if the partnership, corporation, or association was a registered architect, a registered forester, a registered land surveyor, a registered professional engineer, or a registered interior designer."

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SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and Sections 2 through 8 of this Act shall apply to labor, services, or materials performed or furnished by registered interior designers on or after such date.

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

Approved May 10, 2021.

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ANIMALS LOCAL GOVERNMENT COMPANION ANIMAL TRUST FUND; REIMBURSEMENT OF IMPOUND EXPENSES; ANNUAL REPORTING; REGULATIONS.

No. 278 (House Bill No. 574).

AN ACT

To amend Code Section 4-11-3 of the Official Code of Georgia Annotated, relating to licenses for pet dealers and kennel, stable, or animal shelter operators, requirement, issuance, and application, so as to provide for a Local Government Companion Animal Trust Fund for reimbursement of impoundment expenses incurred by local governments; to provide for annual reporting; to provide for promulgation of regulations; to provide for compliance with constitutional requirements; to provide for an effective date and automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 4-11-3 of the Official Code of Georgia Annotated, relating to licenses for pet dealers and kennel, stable, or animal shelter operators, requirement, issuance, and application, is amended by revising subsection (c) and adding a new subsection to read as follows:
"(c) Licenses shall be issued for a period of one year and shall be annually renewable. The Commissioner may establish separate classes of licenses, including wholesale and retail licenses. The Commissioner may establish different fees for the different classes of licenses established, but the annual fee for any such license shall be at least $50.00 but shall not exceed $400.00.
(c.1)(1)(A) For the period beginning on July 1, 2021, and ending on June 30, 2031, fees identified in subsection (c) of this Code section shall be renewed and, under the

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authority granted and subject to the conditions imposed by Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, no more than $50,000.00 of such collected fees shall be dedicated to the Local Government Companion Animal Trust Fund as provided for in subparagraph (B) of this paragraph, provided that the total amount of funds in such fund at any time shall not exceed $200,000.00, and such amounts shall not lapse as otherwise required by Article III, Section IX, Paragraph IV(c) of the Constitution of Georgia. (B) There is established the Local Government Companion Animal Trust Fund as a separate fund of the department. The department shall accept applications from qualified local governments as defined in paragraph (18) of subsection (a) of Code Section 50-8-2 for reimbursement of expenses incurred by such local governments impounding more than 29 dogs or cats or more than 9 equines as part of any investigation of a violation of Code Section 4-11-9.2, 16-12-4, or 16-12-37, or otherwise providing care for more than 29 dogs or cats or more than 9 equines impounded pursuant to this article or local ordinance. The department shall provide reimbursement to such local governments of such expenses as it deems reasonably and appropriately incurred. (2)(A) The Commissioner shall administer the provisions of this subsection and shall prepare, by February 1 of each year, an accounting of the funds received and expended pursuant to this subsection. The report shall be made available to the House Committee on Agriculture and Consumer Affairs and the Senate Agriculture and Consumer Affairs Committee. (B) The Commissioner shall retain annually up to $10,000.00 of the funds collected pursuant to this subsection to offset the costs to the state of implementing and administering this subsection. (3) The department shall promulgate rules and regulations as necessary to implement the provisions of this subsection. (4) This subsection shall stand repealed and reserved on July 1, 2031."

SECTION 2. In accordance with the requirements of Article III, Section IX, Paragraph VI(r) of the Constitution 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 and the amount of the funds dedicated by this Act do not equal or exceed 1 percent of the previous fiscal year's state revenues subject to appropriations.

SECTION 3. Except as provided for in Section 2 of this Act, this Act shall become effective on July 1, 2021.

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

Approved May 10, 2021.

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LOCAL GOVERNMENT REVISE NAME OF "WAR ON TERRORISM LOCAL ASSISTANCE ACT" TO "PUBLIC SAFETY AND JUDICIAL FACILITIES ACT"; REPEAL REQUIREMENT FOR REFERENDUMS PRIOR TO ISSUANCE OF BONDED INDEBTEDNESS FOR NEW PROJECTS.

No. 279 (House Bill No. 579).

AN ACT

To amend Chapter 75 of Title 36 of the Official Code of Georgia Annotated, relating to war on terrorism local assistance, so as to change a short title to the "Public Safety and Judicial Facilities Act"; to repeal the requirement for referendums prior to issuance of bonded indebtedness for new projects; 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 75 of Title 36 of the Official Code of Georgia Annotated, relating to war on terrorism local assistance, is amended by revising Code Section 36-75-1, relating to a short title, as follows:
"36-75-1. This chapter shall be known and may be cited as the 'Public Safety and Judicial Facilities Act.'"

SECTION 2. Said chapter is further amended by revising Code Section 36-75-11, relating to resolutions and referendums required prior to issuance of bonded indebtedness for new projects and exclusions, as follows:
"36-75-11. (a) On and after May 24, 2007, no public safety and judicial facilities authority created and activated by a single county pursuant to this chapter shall be authorized to issue bonds for

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new projects unless a resolution approving such projects is passed by a majority vote of the governing authority of the county that created and activated such authority. (b) The proceeds of bonds issued by a public safety and judicial facilities authority created and activated by a single county pursuant to this chapter and any interest on such proceeds shall be used only for the projects set forth in the resolution approving the issuance of such bonds or for debt service on such bonds. (c) Any authority other than the type of authority defined in paragraph (1) of Code Section 36-75-3:
(1) Which is authorized by general or local Act to operate and issue bonds in a single county that has activated or that activates a public safety and judicial facilities authority pursuant to this chapter; and (2) Which constructs or operates buildings or facilities for use by any department, agency, division, or commission of any county that has activated or that activates a public safety and judicial facilities authority pursuant to this chapter shall obtain approval by resolution as provided for in subsection (a) of this Code section prior to issuing bonds for any new buildings, facilities, or real property or improvements to existing buildings, facilities, or real property and shall be bound to such resolution as provided in subsection (b) of this Code section. (d) Subsections (a), (b), and (c) of this Code section shall apply only to the issuance of bonds the principal and interest of which will be repaid, directly or indirectly, in whole or in part, through funds of the county by agreement between the county and: (1) A public safety and judicial facilities authority created and activated pursuant to this chapter; or (2) Any authority other than the type of authority defined in paragraph (1) of Code Section 36-75-3 that meets the conditions set forth in paragraphs (1) and (2) of subsection (c) of this Code section. (e) The provisions of this Code section shall not apply under any circumstances to the issuance of 'recovery zone economic development bonds' and 'recovery zone facility bonds' as such terms are defined in Section 1401 of the federal American Recovery and Reinvestment Act of 2009."

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

Approved May 10, 2021.

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MENTAL HEALTH MARRIAGE AND FAMILY THERAPISTS; EMERGENCY EXAMINATION OF PERSONS FOR INVOLUNTARY EVALUATION AND TREATMENT FOR MENTAL ILLNESS OR ALCOHOL OR DRUG ABUSE.

No. 280 (House Bill No. 591).

AN ACT

To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to authorize marriage and family therapists to perform certain acts which physicians, psychologists, and others are authorized to perform regarding emergency examinations of persons for involuntary evaluation and treatment for mental illness or alcohol or drug abuse; to define certain terms; to provide for reporting requirements; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by revising Code Section 37-3-40, relating to designation by department of emergency receiving facilities, as follows:
"37-3-40. (a) Any state owned and state operated facility may be designated by the department as an emergency receiving facility. The department shall maintain an emergency receiving facility at each Georgia regional hospital which shall accept, under Code Sections 37-3-41 through 37-3-44, patients found in any county in the service region of the hospital. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of the facility. (b) No later than January 15, 2023, any emergency receiving facility designated under this Code section shall report to the department de-identified, aggregated data with the total number of:
(1) Certificates received at the emergency receiving facility by county issued under subsection (a) of Code Section 37-3-41; (2) Such certificates received at the emergency receiving facility by each type of licensed professional authorized under Code Section 37-3-41; (3) Individuals examined in each emergency receiving facility designated or utilized by the department in accordance with subsection (a) of Code Section 37-3-41; and (4) Individuals admitted to each emergency receiving facility designated or utilized by the department following an examination in accordance with subsection (a) of Code Section 37-3-41.

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(c) The frequency of the reporting requirement required by subsection (b) of this Code section shall be determined by the department no later than December 31, 2021. (d) Failure to submit the information required by subsection (b) of this Code section as directed by the department shall result in the suspension of a facility's designation as an emergency receiving facility until the required reports are submitted to the department."

SECTION 2. Said title is further amended by revising subsection (d) of, and adding a new subsection to, Code Section 37-3-41, relating to emergency admission of a person for involuntary evaluation of mental illness, as follows:
"(d) Any psychologist, clinical social worker, licensed professional counselor, marriage and family therapist, or clinical nurse specialist in psychiatric/mental health may perform any act specified by this Code section to be performed by a physician. Any reference in any part of this chapter to a physician acting under this Code section shall be deemed to refer equally to a psychologist, a clinical social worker, a licensed professional counselor, a marriage and family therapist, or a clinical nurse specialist in psychiatric/mental health acting under this Code section. For purposes of this Code section, the term 'psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist; the term 'clinical social worker' means any person authorized under the laws of this state to practice as a licensed clinical social worker; the term 'licensed professional counselor' means any person authorized under the laws of this state to practice as a licensed professional counselor; the term 'marriage and family therapist' means any person authorized under the laws of this state to practice as a licensed marriage and family therapist; and the term 'clinical nurse specialist in psychiatric/mental health' means any person authorized under the laws of this state to practice as a registered professional nurse and who is recognized by the Georgia Board of Nursing to be engaged in advanced nursing practice as a clinical nurse specialist in psychiatric/mental health. (e) No later than February 15, 2023, and annually thereafter, the department shall prepare a report with de-identified, aggregated data from the written reports required by subsection (b) of Code Section 37-3-40 to the General Assembly, the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives during each regular legislative session. The annual report shall include the following data from the previous calendar year:
(1) The total number of certificates received at the emergency receiving facility by county from which the certificate was issued; (2) The total number of certificates received at the emergency receiving facility by each type of licensed professional authorized by this Code section; (3) The total number of individuals examined in each emergency receiving facility designated or utilized by the department in accordance with subsection (a) of this Code section; and

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(4) The total number of individuals admitted to each emergency receiving facility designated or utilized by the department following an examination in accordance with subsection (a) of this Code section."

SECTION 3. Said title is further amended by revising Code Section 37-7-40, relating to designation by department of emergency receiving facilities, as follows:
37-7-40. (a) Any state owned or state operated facility may be designated by the department as an emergency receiving facility. The department shall maintain an emergency receiving facility at each Georgia regional hospital which shall accept, under Code Sections 37-7-41 through 37-7-44, patients found in any county in the service region of the hospital. Any other facility within the State of Georgia may be so designated by the department at the request of or with the consent of the governing officers of the facility. (b) No later than January 15, 2023, any emergency receiving facility designated under this Code section shall report to the department de-identified, aggregated data with the total number of:
(1) Certificates received at the emergency receiving facility by county issued under subsection (a) of Code Section 37-7-41; (2) Such certificates received at the emergency receiving facility by each type of licensed professional authorized under Code Section 37-7-41; (3) Individuals examined in each emergency receiving facility designated or utilized by the department in accordance with subsection (a) of Code Section 37-7-41; and (4) Individuals admitted to each emergency receiving facility designated or utilized by the department following an examination in accordance with subsection (a) of Code Section 37-7-41. (c) The frequency of the reporting requirement required by subsection (b) of this Code section shall be determined by the department no later than December 31, 2021. (d) Failure to submit the information required by subsection (b) of this Code section as directed by the department shall result in the suspension of a facility's designation as an emergency receiving facility until the required reports are submitted to the department."

SECTION 4. Said title is further amended by revising subsection (d) of, and adding a new subsection to, Code Section 37-7-41, relating to emergency involuntary treatment of an alcoholic, a drug abuser, or a drug dependent individual, as follows:
"(d) Any psychologist, clinical social worker, licensed professional counselor, marriage and family therapist, or clinical nurse specialist in psychiatric/mental health may perform any act specified by this Code section to be performed by a physician. Any reference in any part of this chapter to a physician acting under this Code section shall be deemed to refer equally to a psychologist, a clinical social worker, a licensed professional counselor,

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a marriage and family therapist, or a clinical nurse specialist in psychiatric/mental health acting under this Code section. For purposes of this Code section, the term 'psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist; the term 'clinical social worker' means any person authorized under the laws of this state to practice as a licensed clinical social worker; the term 'licensed professional counselor' means any person authorized under the laws of this state to practice as a licensed professional counselor; the term 'marriage and family therapist' means any person authorized under the laws of this state to practice as a licensed marriage and family therapist; and the term 'clinical nurse specialist in psychiatric/mental health' means any person authorized under the laws of this state to practice as a registered professional nurse and who is recognized by the Georgia Board of Nursing to be engaged in advanced nursing practice as a clinical nurse specialist in psychiatric/mental health. (e) No later than February 15, 2023, and annually thereafter, the department shall prepare a report with de-identified, aggregated data from the written reports required by subsection (b) of Code Section 37-7-40 to the General Assembly, the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives during each regular legislative session. The annual report shall include the following data from the previous calendar year:
(1) The total number of certificates received at the emergency receiving facility by county from which the certificate was issued; (2) The total number of certificates received at the emergency receiving facility by each type of licensed professional authorized by this Code section; (3) The total number of individuals examined in each emergency receiving facility designated or utilized by the department in accordance with subsection (a) of this Code section; and (4) The total number of individuals admitted to each emergency receiving facility designated or utilized by the department following an examination in accordance with subsection (a) of this Code section."

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

Approved May 10, 2021.

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PROFESSIONS AND BUSINESSES ENTERS INTO "AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT"; REVISES SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS LICENSING PROVISIONS.

No. 285 (House Bill No. 34).

AN ACT

To amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathologists and audiologists, so as to revise licensing provisions; to enter into an interstate compact known as the "Audiology and Speech-Language Pathology Interstate Compact"; to provide the State Board of Examiners for Speech-Language Pathology and Audiology with the power to administer such compact in this state and to conduct national background checks for which applicants for licensure are required to submit fingerprints; to provide for definitions; to provide for conditions; to provide for eligibility; 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 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathologists and audiologists, is amended by revising paragraph (9) of Code Section 43-44-3, relating to definitions, as follows:
"(9) 'Licensee' means any person licensed to practice speech-language pathology, audiology, or both pursuant to this chapter or any person holding a valid Audiology and Speech-Language Pathology Interstate Compact privilege pursuant to Article 2 of this chapter. The term 'licensee' does not include the holder of a provisional license."

SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 43-44-6, relating to general powers and duties of board, as follows:
"(a) The board shall: (1) Have the responsibility and duty of administering and enforcing this chapter and shall assist the division director in carrying out this chapter; (2) Have the power to establish and to revise the requirements for obtaining licensure or the renewal of licensure; (3) Make all rules, not inconsistent with this chapter, that are reasonably necessary for the conduct of its duties and proceedings; (4) Adopt rules and regulations relating to professional conduct commensurate with the policy of this chapter, including, but not limited to, regulations which establish ethical

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standards of practice and for other purposes. Following their adoption, such rules and regulations consistent with this chapter shall govern and control the professional conduct of every person who holds a license to practice under this chapter; (5) Conduct hearings and keep records and minutes as are necessary to the orderly dispatch of its functions; (6) Adopt a common seal; (7) Register and otherwise regulate qualified speech-language pathology aides and audiology assistants. The provisions of this paragraph shall not apply to any student, intern, or trainee performing speech-language pathology or audiology services while completing the supervised clinical experience; (8) Issue provisional licenses to speech-language pathologists during the paid clinical experience; (9) Issue, renew, and reinstate licenses; (10) Deny, suspend, revoke, or otherwise sanction licenses; (11) Accept results of qualifying examinations, administer examinations, or contract with qualified testing services to conduct or supervise examinations; (12) Establish fees; (13) Establish requirements for continuing professional education of persons subject to this chapter by appropriate regulation; (14) 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 check records shall not be shared with entities outside of this state; and (15) Administer the Audiology and Speech-Language Pathology Interstate Compact contained in Article 2 of this chapter."

SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 43-44-8, relating to requirements for licensure, continuing validity of licenses, and renewal of licenses, as follows:
"(a) To be eligible for licensure by the board as a speech-language pathologist or as an audiologist, the applicant shall have:
(1) Completed the academic and clinical requirements as established by rule of the board; (2) Completed the professional experience requirement. Every applicant for licensure as a speech-language pathologist or audiologist shall demonstrate, prior to licensure, full-time or equivalent part-time professional employment, as determined by the board. The board, by rule, shall establish standards for obtaining and verifying the required professional employment experience; (3) Passed an examination or examinations approved by the board. Each applicant for licensure as a speech-language pathologist or audiologist shall make application for examination as provided by the board;

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(4) Demonstrated good moral character; (5) Demonstrated recency of study through experience, continuing education, or both, as approved by the board; and (6) 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 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 chapter is further amended by redesignating the existing provisions of said chapter as Article 1, by replacing "this chapter" with "this article" everywhere such term occurs in said redesignated article, and by adding a new article to read as follows:

"ARTICLE 2

43-44-30. This article shall be known and may be cited as the 'Audiology and Speech-Language Pathology Interstate Compact Act.'

43-44-31. The Audiology and Speech-Language Pathology Interstate Compact is enacted into law and entered into by the State of Georgia with any and all other states legally joining therein in the form substantially as follows:

'AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT

SECTION 1. PURPOSE

(a) The purpose of this Compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient/client/student is located at the time of the patient/client/student encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. (b) This Compact is designed to achieve the following objectives:

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(1) Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses; (2) Enhance the states' ability to protect the public's health and safety; (3) Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice; (4) Support spouses of relocating active duty military personnel; (5) Enhance the exchange of licensure, investigative and disciplinary information between member states; (6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards; and (7) Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.

SECTION 2. DEFINITIONS

As used in this Compact, and except as otherwise provided, the following definitions shall apply:
(1) 'Active duty military' means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211. (2) 'Adverse action' means any administrative, civil, equitable or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice. (3) 'Alternative program' means a non-disciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners. (4) 'Audiologist' means an individual who is licensed by a state to practice audiology. (5) 'Audiology' means the care and services provided by a licensed audiologist as set forth in the member state's statutes and rules. (6) 'Audiology and Speech-Language Pathology Compact Commission' or 'Commission' means the national administrative body whose membership consists of all states that have enacted the Compact. (7) 'Audiology and speech-language pathology licensing board,' 'audiology licensing board,' 'speech-language pathology licensing board,' or 'licensing board' means the agency of a state that is responsible for the licensing and regulation of audiologists and/or speech-language pathologists. (8) 'Compact privilege' means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language

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pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient, client, or student is located at the time of the patient, client, or student encounter. (9) 'Current significant investigative information' means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction. (10) 'Data system' means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege and adverse action. (11) 'Encumbered license' means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and said adverse action has been reported to the National Practitioners Data Bank (NPDB). (12) 'Executive Committee' means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission. (13) 'Home state' means the member state that is the licensee's primary state of residence. (14) 'Impaired practitioner' means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions. (15) 'Licensee' means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist. (16) 'Member state' means a state that has enacted the Compact. (17) 'Privilege to practice' means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state. (18) 'Remote state' means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege. (19) 'Rule' means a regulation, principle or directive promulgated by the Commission that has the force of law. (20) 'Single-state license' means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state. (21) 'Speech-language pathologist' means an individual who is licensed by a state to practice speech-language pathology. (22) 'Speech-language pathology' means the care and services provided by a licensed speech-language pathologist as set forth in the member state's statutes and rules. (23) 'State' means any state, commonwealth, district or territory of the United States of America that regulates the practice of audiology and speech-language pathology. (24) 'State practice laws' means a member state's laws, rules and regulations that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice, and create the methods and grounds for imposing discipline.

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(25) 'Telehealth' means the application of telecommunication, audio-visual or other technologies that meets the applicable standard of care to deliver audiology or speech-language pathology services at a distance for assessment, intervention and/or consultation.

SECTION 3. STATE PARTICIPATION IN THE COMPACT

(a) Upon the grant of the compact privilege, a license issued to an audiologist or speech-language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in the member state where the licensee obtains such privilege. (b) A state must implement or utilize procedures for considering the criminal history records of applicants for initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records
(1) A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions. (2) Communication between a member state, the Commission and among member states regarding the verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92-544. (c) Upon application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant, whether any adverse action has been taken against any license or privilege to practice held by the applicant. (d) Each member state shall require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure, as well as, all other applicable state laws. (e) For an audiologist: (1) Must meet one of the following educational requirements:
(A) On or before, Dec. 31, 2007, has graduated with a master's degree or doctorate in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and

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operated by a college or university accredited by a regional or national accrediting organization recognized by the board; (B) On or after, Jan. 1, 2008, has graduated with a Doctoral degree in audiology, or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; or (C) Has graduated from an audiology program that is housed in an institution of higher education outside of the United States (a) for which the program and institution have been approved by the authorized accrediting body in the applicable country and (b) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program. (2) Has completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the Commission; (3) Has successfully passed a national examination approved by the Commission; (4) Holds an active, unencumbered license; (5) Has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of audiology, under applicable state or federal criminal law; and (6) Has a valid United States Social Security or National Practitioner Identification number. (f) For a speech-language pathologist: (1) Must meet one of the following educational requirements: (A) Has graduated with a master's degree from a speech-language pathology program that is accredited by an organization recognized by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; or (B) Has graduated from a speech-language pathology program that is housed in an institution of higher education outside of the United States (a) for which the program and institution have been approved by the authorized accrediting body in the applicable country and (b) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program. (2) Has completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the Commission; (3) Has completed a supervised postgraduate professional experience as required by the Commission; (4) Has successfully passed a national examination approved by the Commission; (5) Holds an active, unencumbered license;

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(6) Has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of speech-language pathology, under applicable state or federal criminal law; and (7) Has a valid United States Social Security or National Practitioner Identification number. (g) The privilege to practice is derived from the home state license. (h) An audiologist or speech-language pathologist practicing in a member state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of audiology and speech-language pathology shall include all audiology and speech-language pathology practice as defined by the state practice laws of the member state in which the client is located. The practice of audiology and speech-language pathology in a member state under a privilege to practice shall subject an audiologist or speech-language pathologist to the jurisdiction of the licensing board, the courts and the laws of the member state in which the client is located at the time service is provided. (i) Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting the privilege to practice audiology or speech-language pathology in any other member state. Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single-state license. (j) Member states may charge a fee for granting a compact privilege. (k) Member states must comply with the bylaws and rules and regulations of the Commission.

SECTION 4. COMPACT PRIVILEGE

(a) To exercise the compact privilege under the terms and provisions of the Compact, the audiologist or speech-language pathologist shall:
(1) Hold an active license in the home state; (2) Have no encumbrance on any state license; (3) Be eligible for a compact privilege in any member state in accordance with Section 3; (4) Have not had any adverse action against any license or compact privilege within the previous 2 years from date of application; (5) Notify the Commission that the licensee is seeking the compact privilege within a remote state(s); (6) Pay any applicable fees, including any state fee, for the compact privilege; and (7) Report to the Commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.

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(b) For the purposes of the compact privilege, an audiologist or speech-language pathologist shall only hold one home state license at a time. (c) Except as provided in Section 6, if an audiologist or speech-language pathologist changes primary state of residence by moving between two-member states, the audiologist or speech-language pathologist must apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the Commission. (d) The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence. (e) A license shall not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state. (f) If an audiologist or speech-language pathologist changes primary state of residence by moving from a member state to a non-member state, the license issued by the prior home state shall convert to a single-state license, valid only in the former home state and the privilege to practice in any member state is deactivated in accordance with the rules promulgated by the Commission. (g) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of Section 4A to maintain the compact privilege in the remote state. (h) A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state. (i) A licensee providing audiology or speech-language pathology services in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. (j) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
(1) The home state license is no longer encumbered; and (2) Two years have elapsed from the date of the adverse action. (k) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of Section 4A to obtain a compact privilege in any remote state. (l) Once the requirements of Section 4J have been met, the licensee must meet the requirements in Section 4A to obtain a compact privilege in a remote state.

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SECTION 5. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH

(a) Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with Section 3 and under rules promulgated by the Commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the Compact and rules promulgated by the Commission. (b) A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the state where the patient/client is located.

SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES

Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state.

SECTION 7. ADVERSE ACTIONS

(a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:
(1) Take adverse action against an audiologist's or speech-language pathologist's privilege to practice within that member state. (2) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located. (b) Only the home state shall have the power to take adverse action against an audiologist's or speech-language pathologist's license issued by the home state. (c) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had

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occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action. (d) The home state shall complete any pending investigations of an audiologist or speech-language pathologist who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions. (e) If otherwise permitted by state law, recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist. (f) The home state may take adverse action based on the factual findings of the remote state, provided that the home state follows its own procedures for taking such action. (g) Joint Investigations
(1) In addition to the authority granted to a member state by its respective audiology or speech-language pathology practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees. (2) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact. (h) If adverse action is taken by the home state against an audiologist's or speech language pathologist's license, the audiologist's or speech-language pathologist's privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist's or speech language pathologist's license shall include a statement that the audiologist's or speech-language pathologist's privilege to practice is deactivated in all member states during the pendency of the order. (i) If a member state takes adverse action against a licensee, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state and any remote states in which the licensee has a privilege to practice, of any adverse actions by the home state or remote states. (j) Nothing in this Compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.

SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE
PATHOLOGY COMPACT COMMISSION

(a) The Compact member states hereby create and establish a joint public agency known as the Audiology and Speech-Language Pathology Compact Commission:
(1) The Commission is an instrumentality of the Compact states.

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(2) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. (3) Nothing in this Compact shall be construed to be a waiver of sovereign immunity. (b) Membership, Voting and Meetings (1) Each member state shall have two (2) delegates selected by that member state's licensing board. The delegates shall be current members of the licensing board. One shall be an audiologist and one shall be a speech-language pathologist. (2) An additional five (5) delegates, who are either a public member or board administrator from a state licensing board, shall be chosen by the Executive Committee from a pool of nominees provided by the Commission at Large. (3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. (4) The member state board shall fill any vacancy occurring on the Commission, within 90 days. (5) Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. (6) A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication. (7) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws. (c) The Commission shall have the following powers and duties: (1) Establish the fiscal year of the Commission; (2) Establish bylaws; (3) Establish a Code of Ethics; (4) Maintain its financial records in accordance with the bylaws; (5) Meet and take actions as are consistent with the provisions of this Compact and the bylaws; (6) Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states to the extent and in the manner provided for in the Compact; (7) Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state audiology or speech-language pathology licensing board to sue or be sued under applicable law shall not be affected; (8) Purchase and maintain insurance and bonds;

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(9) Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state; (10) Hire employees, elect or appoint officers, fix compensation, define duties, grant individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; (11) Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest; (12) Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety; (13) Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed; (14) Establish a budget and make expenditures; (15) Borrow money; (16) Appoint committees, including standing committees composed of members, and other interested persons as may be designated in this Compact and the bylaws; (17) Provide and receive information from, and cooperate with, law enforcement agencies; (18) Establish and elect an Executive Committee; and (19) Perform other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of audiology and speech-language pathology licensure and practice. (d) The Commission shall have no authority to change or modify the laws of the member states which define the practice of audiology and speech-language pathology in the respective states. (e) The Executive Committee The Executive Committee shall have the power to act on behalf of the Commission, within the powers of the Commission, according to the terms of this Compact: (1) The Executive Committee shall be composed of ten (10) members:
(A) Seven (7) voting members who are elected by the Commission from the current membership of the Commission; (B) Two (2) ex-officios, consisting of one nonvoting member from a recognized national audiology professional association and one nonvoting member from a recognized national speech-language pathology association; and (C) One (1) ex-officio, nonvoting member from the recognized membership organization of the audiology and speech-language pathology licensing boards. (f) The ex-officio members shall be selected by their respective organizations.

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(1) The Commission may remove any member of the Executive Committee as provided in bylaws. (2) The Executive Committee shall meet at least annually. (3) The Executive Committee shall have the following duties and responsibilities:
(A) Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege; (B) Ensure Compact administration services are appropriately provided, contractual or otherwise; (C) Prepare and recommend the budget; (D) Maintain financial records on behalf of the Commission; (E) Monitor Compact compliance of member states and provide compliance reports to the Commission; (F) Establish additional committees as necessary; and (G) Other duties as provided in rules or bylaws. (4) Meetings of the Commission or the Executive Committee All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 10. (5) The Commission or the Executive Committee or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Committee or other committees of the Commission must discuss: (A) Non-compliance of a member state with its obligations under the Compact; (B) The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures; (C) Current, threatened, or reasonably anticipated litigation; (D) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; (E) Accusing any person of a crime or formally censuring any person; (F) Disclosure of trade secrets or commercial or financial information that is privileged or confidential; (G) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (H) Disclosure of investigative records compiled for law enforcement purposes; (I) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or (J) Matters specifically exempted from disclosure by federal or member state statute. (6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

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(7) The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in minutes. All minutes and documents of meetings other than closed meetings shall be made available to members of the public upon request. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction. (8) Financing of the Commission
(A) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (B) The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services. (C) The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states. (9) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state. (10) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission. (g) Qualified Immunity, Defense, and Indemnification (1) The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. (2) The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising

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out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct. (3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

SECTION 9. DATA SYSTEM

(a) The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. (b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:
(1) Identifying information; (2) Licensure data; (3) Adverse actions against a license or compact privilege; (4) Non-confidential information related to alternative program participation; (5) Any denial of application for licensure, and the reason(s) for denial; and (6) Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission. (c) Investigative information pertaining to a licensee in any member state shall only be available to other member states. (d) The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state. (e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

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(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.

SECTION 10. RULEMAKING

(a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment. (b) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within 4 years of the date of adoption of the rule, the rule shall have no further force and effect in any member state. (c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission. (d) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least thirty (30) days in advance of the meeting at which the rule shall be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:
(1) On the website of the Commission or other publicly accessible platform; and (2) On the website of each member state audiology or speech-language pathology licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules. (e) The Notice of Proposed Rulemaking shall include: (1) The proposed time, date, and location of the meeting in which the rule shall be considered and voted upon; (2) The text of the proposed rule or amendment and the reason for the proposed rule; (3) A request for comments on the proposed rule from any interested person; and (4) The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments. (f) Prior to the adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public. (g) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by: (1) At least twenty-five (25) persons; (2) A state or federal governmental subdivision or agency; or (3) An association having at least twenty-five (25) members. (h) If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.

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(1) All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing. (2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. (3) All hearings shall be recorded. A copy of the recording shall be made available to any person upon request and at the requesting person's expense. (4) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section. (i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received. (j) If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing. (k) The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule. (l) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to: (1) Meet an imminent threat to public health, safety, or welfare; (2) Prevent a loss of Commission or member state funds; or (3) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule. (m) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

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SECTION 11. DISPUTE RESOLUTION AND ENFORCEMENT

(a) Dispute Resolution (1) Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and non-member states. (2) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(b) Enforcement (1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact. (2) By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney's fees. (3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.

SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR
AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT

(a) The Compact shall come into effect on the date on which the Compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact. (b) Any state that joins the Compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state. (c) Any member state may withdraw from this Compact by enacting a statute repealing the same.
(1) A member state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.

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(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal. (d) Nothing contained in this Compact shall be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this Compact. (e) This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

SECTION 13. CONSTRUCTION AND SEVERABILITY

This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS

(a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact. (b) All laws in a member state in conflict with the Compact are superseded to the extent of the conflict. (c) All lawful actions of the Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states. (d) All agreements between the Commission and the member states are binding in accordance with their terms. (e) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.'"

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

Approved May 10, 2021.

__________

PROFESSIONS AND BUSINESSES ENTERS INTO "OCCUPATIONAL THERAPY LICENSURE COMPACT"; REVISES OCCUPATIONAL THERAPISTS LICENSING PROVISIONS.

No. 286 (House Bill No. 268).

AN ACT

To amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational therapists, so as to revise licensing provisions; to enter into an interstate compact known as the "Occupational Therapy Licensure Compact"; to authorize the State Board of Occupational Therapy to administer the compact in this state; to provide definitions; to provide for conditions; to provide for eligibility; 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 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational therapists, is amended by revising paragraph (2) of Code Section 43-28-3, relating to definitions relative to occupational therapists, as follows:
"(2) 'License' means a valid and current certificate of registration issued by the division director or holding a valid Occupational Therapy Compact Privilege pursuant to Article 2 of this chapter."

SECTION 2. Said chapter is further amended by revising Code Section 43-28-6, relating to the general powers and duties of the board and continuing professional education, by adding two new subsections to read as follows:
"(h) The board shall administer the Occupational Therapy Licensure Compact contained in Article 2 of this chapter. (i) The board is authorized to conduct national background checks by the submission of fingerprints to the Federal Bureau of Investigation through the Georgia Crime Information

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Center; provided, however, that reports from such background checks shall not be shared with entities outside the state."

SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 43-28-9, relating to qualifications of license applicants and waiver, as follows:
"(a) An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall file an application, on forms provided by the board, showing to the satisfaction of the board that such applicant:
(1) Is of good moral character; (2) Has successfully completed the academic requirements of an accredited educational program in occupational therapy recognized by the board, with concentration in biological or physical science, psychology, and sociology and with education in selected manual skills. For an occupational therapist or occupational therapy assistant, such a program shall be accredited by a recognized accrediting agency acceptable to the board. Other comparable educational programs such as those approved by the World Federation of Occupational Therapists may be recognized by the board upon evaluation of detailed program and course content. An applicant who is foreign trained shall complete an academic program that is recognized or approved by the World Federation of Occupational Therapists or such other credentialing entity recognized by the board; (3) Has successfully completed a period of supervised field work experience approved by the board; (4) Has passed an examination approved by the board as provided for in Code Section 43-28-10; and (5) 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 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 chapter is further amended by redesignating provisions of said chapter as Article 1, by replacing "this chapter" with "this article" everywhere such term occurs in the new article, and by adding a new article to read as follows:

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"ARTICLE 2

43-28-20. This article shall be known and may be cited as 'The Occupational Therapy Licensure Compact Act.'

43-28-21. The Occupational Therapy Licensure Compact is enacted into law and entered into by the State of Georgia with any and all other states legally joining therein in the form substantially as follows:

'OCCUPATIONAL THERAPY LICENSURE COMPACT
SECTION 1. PURPOSE The purpose of this Compact is to facilitate interstate practice of Occupational Therapy with the goal of improving public access to Occupational Therapy services. The Practice of Occupational Therapy occurs in the State where the patient/client is located at the time of the patient/client encounter. The Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure. This Compact is designed to achieve the following objectives:
A. Increase public access to Occupational Therapy services by providing for the mutual recognition of other Member State licenses; B. Enhance the States' ability to protect the public's health and safety; C. Encourage the cooperation of Member States in regulating multi-State Occupational Therapy Practice; D. Support spouses of relocating military members; E. Enhance the exchange of licensure, investigative, and disciplinary information between Member States; F. Allow a Remote State to hold a provider of services with a Compact Privilege in that State accountable to that State's practice standards; and G. Facilitate the use of Telehealth technology in order to increase access to Occupational Therapy services.
SECTION 2. DEFINITIONS As used in this Compact, and except as otherwise provided, the following definitions shall apply:
A. "Active Duty Military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and Section 1211.

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B. "Adverse Action" means any administrative, civil, equitable, or criminal action permitted by a State's laws which is imposed by a Licensing Board or other authority against an Occupational Therapist or Occupational Therapy Assistant, including actions against an individual's license or Compact Privilege such as censure, revocation, suspension, probation, monitoring of the Licensee, or restriction on the Licensee's practice. C. "Alternative Program" means a non-disciplinary monitoring process approved by an Occupational Therapy Licensing Board. D. "Compact Privilege" means the authorization, which is equivalent to a license, granted by a Remote State to allow a Licensee from another Member State to practice as an Occupational Therapist or practice as an Occupational Therapy Assistant in the Remote State under its laws and rules. The Practice of Occupational Therapy occurs in the Member State where the patient/client is located at the time of the patient/client encounter. E. "Continuing Competence/Education" means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work. F. "Current Significant Investigative Information" means Investigative Information that a Licensing Board, after an inquiry or investigation that includes notification and an opportunity for the Occupational Therapist or Occupational Therapy Assistant to respond, if required by State law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction. G. "Data System" means a repository of information about Licensees, including but not limited to license status, Investigative Information, Compact Privileges, and Adverse Actions. H. "Encumbered License" means a license in which an Adverse Action restricts the Practice of Occupational Therapy by the Licensee or said Adverse Action has been reported to the National Practitioners Data Bank (NPDB). I. "Executive Committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission. J. "Home State" means the Member State that is the Licensee's Primary State of Residence. K. "Impaired Practitioner" means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions. L. "Investigative Information" means information, records, and/or documents received or generated by an Occupational Therapy Licensing Board pursuant to an investigation. M. "Jurisprudence Requirement" means the assessment of an individual's knowledge of the laws and rules governing the Practice of Occupational Therapy in a State. N. "Licensee" means an individual who currently holds an authorization from the State to practice as an Occupational Therapist or as an Occupational Therapy Assistant. O. "Member State" means a State that has enacted the Compact. P. "Occupational Therapist" means an individual who is licensed by a State to practice Occupational Therapy.

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Q. "Occupational Therapy Assistant" means an individual who is licensed by a State to assist in the Practice of Occupational Therapy. R. "Occupational Therapy," "Occupational Therapy Practice," and the "Practice of Occupational Therapy" mean the care and services provided by an Occupational Therapist or an Occupational Therapy Assistant as set forth in the Member State's statutes and regulations. S. "Occupational Therapy Compact Commission" or "Commission" means the national administrative body whose membership consists of all States that have enacted the Compact. T. "Occupational Therapy Licensing Board" or "Licensing Board" means the agency of a State that is authorized to license and regulate Occupational Therapists and Occupational Therapy Assistants. U. "Primary State of Residence" means the state (also known as the Home State) in which an Occupational Therapist or Occupational Therapy Assistant who is not Active Duty Military declares a primary residence for legal purposes as verified by: driver's license, federal income tax return, lease, deed, mortgage or voter registration or other verifying documentation as further defined by Commission Rules. V. "Remote State" means a Member State other than the Home State, where a Licensee is exercising or seeking to exercise the Compact Privilege. W. "Rule" means a regulation promulgated by the Commission that has the force of law. X. "State" means any state, commonwealth, district, or territory of the United States of America that regulates the Practice of Occupational Therapy. Y. "Single-State License" means an Occupational Therapist or Occupational Therapy Assistant license issued by a Member State that authorizes practice only within the issuing State and does not include a Compact Privilege in any other Member State. Z. "Telehealth" means the application of telecommunication technology to deliver Occupational Therapy services for assessment, intervention and/or consultation.

SECTION 3. STATE PARTICIPATION IN THE COMPACT A. To participate in the Compact, a Member State shall:
1. License Occupational Therapists and Occupational Therapy Assistants 2. Participate fully in the Commission's Data System, including but not limited to using the Commission's unique identifier as defined in Rules of the Commission; 3. Have a mechanism in place for receiving and investigating complaints about Licensees; 4. Notify the Commission, in compliance with the terms of the Compact and Rules, of any Adverse Action or the availability of Investigative Information regarding a Licensee; 5. Implement or utilize procedures for considering the criminal history records of applicants for an initial Compact Privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal

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Bureau of Investigation and the agency responsible for retaining that State's criminal records;
a. A Member State shall, within a time frame established by the Commission, require a criminal background check for a Licensee seeking/applying for a Compact Privilege whose Primary State of Residence is that Member State, by receiving the results of the Federal Bureau of Investigation criminal record search, and shall use the results in making licensure decisions. b. Communication between a Member State, the Commission and among Member States regarding the verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a Member State under Public Law 92-544. 6. Comply with the Rules of the Commission; 7. Utilize only a recognized national examination as a requirement for licensure pursuant to the Rules of the Commission; and 8. Have Continuing Competence/Education requirements as a condition for license renewal. B. A Member State shall grant the Compact Privilege to a Licensee holding a valid unencumbered license in another Member State in accordance with the terms of the Compact and Rules. C. Member States may charge a fee for granting a Compact Privilege. D. A Member State shall provide for the State's delegate to attend all Occupational Therapy Compact Commission meetings. E. Individuals not residing in a Member State shall continue to be able to apply for a Member State's Single-State License as provided under the laws of each Member State. However, the Single-State License granted to these individuals shall not be recognized as granting the Compact Privilege in any other Member State. F. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single-State License.

SECTION 4. COMPACT PRIVILEGE A. To exercise the Compact Privilege under the terms and provisions of the Compact, the Licensee shall:
1. Hold a license in the Home State; 2. Have a valid United States Social Security Number or National Practitioner Identification number; 3. Have no encumbrance on any State license; 4. Be eligible for a Compact Privilege in any Member State in accordance with Section 4D, F, G, and H;

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5. Have paid all fines and completed all requirements resulting from any Adverse Action against any license or Compact Privilege, and two years have elapsed from the date of such completion; 6. Notify the Commission that the Licensee is seeking the Compact Privilege within a Remote State(s); 7. Pay any applicable fees, including any State fee, for the Compact Privilege; 8. Complete a criminal background check in accordance with Section 3A(5);
a. The Licensee shall be responsible for the payment of any fee associated with the completion of a criminal background check. 9. Meet any Jurisprudence Requirements established by the Remote State(s) in which the Licensee is seeking a Compact Privilege; and 10. Report to the Commission Adverse Action taken by any non-Member State within 30 days from the date the Adverse Action is taken. B. The Compact Privilege is valid until the expiration date of the Home State license. The Licensee must comply with the requirements of Section 4A to maintain the Compact Privilege in the Remote State. C. A Licensee providing Occupational Therapy in a Remote State under the Compact Privilege shall function within the laws and regulations of the Remote State. D. Occupational Therapy Assistants practicing in a Remote State shall be supervised by an Occupational Therapist licensed or holding a Compact Privilege in that Remote State. E. A Licensee providing Occupational Therapy in a Remote State is subject to that State's regulatory authority. A Remote State may, in accordance with due process and that State's laws, remove a Licensee's Compact Privilege in the Remote State for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The Licensee may be ineligible for a Compact Privilege in any State until the specific time for removal has passed and all fines are paid. F. If a Home State license is encumbered, the Licensee shall lose the Compact Privilege in any Remote State until the following occur: 1. The Home State license is no longer encumbered; and 2. Two years have elapsed from the date on which the Home State license is no longer encumbered in accordance with Section 4(F)(1). G. Once an Encumbered License in the Home State is restored to good standing, the Licensee must meet the requirements of Section 4A to obtain a Compact Privilege in any Remote State. H. If a Licensee's Compact Privilege in any Remote State is removed, the individual may lose the Compact Privilege in any other Remote State until the following occur: 1. The specific period of time for which the Compact Privilege was removed has ended; 2. All fines have been paid and all conditions have been met; 3. Two years have elapsed from the date of completing requirements for 4(H)(1) and (2); and

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4. The Compact Privileges are reinstated by the Commission, and the compact Data System is updated to reflect reinstatement. I. If a Licensee's Compact Privilege in any Remote State is removed due to an erroneous charge, privileges shall be restored through the compact Data System. J. Once the requirements of Section 4H have been met, the license must meet the requirements in Section 4A to obtain a Compact Privilege in a Remote State.

SECTION 5: OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF COMPACT PRIVILEGE
A. An Occupational Therapist or Occupational Therapy Assistant may hold a Home State license, which allows for Compact Privileges in Member States, in only one Member State at a time. B. If an Occupational Therapist or Occupational Therapy Assistant changes Primary State of Residence by moving between two Member States:
1. The Occupational Therapist or Occupational Therapy Assistant shall file an application for obtaining a new Home State license by virtue of a Compact Privilege, pay all applicable fees, and notify the current and new Home State in accordance with applicable Rules adopted by the Commission. 2. Upon receipt of an application for obtaining a new Home State license by virtue of compact privilege, the new Home State shall verify that the Occupational Therapist or Occupational Therapy Assistant meets the pertinent criteria outlined in Section 4 via the Data System, without need for primary source verification except for:
a. An FBI fingerprint based criminal background check if not previously performed or updated pursuant to applicable Rules adopted by the Commission in accordance with Public Law 92-544; b. Other criminal background check as required by the new Home State; and c. Submission of any requisite Jurisprudence Requirements of the new Home State. 3. The former Home State shall convert the former Home State license into a Compact Privilege once the new Home State has activated the new Home State license in accordance with applicable Rules adopted by the Commission. 4. Notwithstanding any other provision of this Compact, if the Occupational Therapist or Occupational Therapy Assistant cannot meet the criteria in Section 4, the new Home State shall apply its requirements for issuing a new Single-State License. 5. The Occupational Therapist or the Occupational Therapy Assistant shall pay all applicable fees to the new Home State in order to be issued a new Home State license. C. If an Occupational Therapist or Occupational Therapy Assistant changes Primary State of Residence by moving from a Member State to a non-Member State, or from a non-Member State to a Member State, the State criteria shall apply for issuance of a Single-State License in the new State.

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D. Nothing in this compact shall interfere with a Licensee's ability to hold a Single-State License in multiple States; however, for the purposes of this compact, a Licensee shall have only one Home State license. E. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single-State License.

SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES A. Active Duty Military personnel, or their spouses, shall designate a Home State where the individual has a current license in good standing. The individual may retain the Home State designation during the period the service member is on active duty. Subsequent to designating a Home State, the individual shall only change their Home State through application for licensure in the new State or through the process described in Section 5.

SECTION 7. ADVERSE ACTIONS A. A Home State shall have exclusive power to impose Adverse Action against an Occupational Therapist's or Occupational Therapy Assistant's license issued by the Home State. B. In addition to the other powers conferred by State law, a Remote State shall have the authority, in accordance with existing State due process law, to:
1. Take Adverse Action against an Occupational Therapist's or Occupational Therapy Assistant's Compact Privilege within that Member State. 2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing Board in a Member State for the attendance and testimony of witnesses or the production of evidence from another Member State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the State in which the witnesses or evidence are located. C. For purposes of taking Adverse Action, the Home State shall give the same priority and effect to reported conduct received from a Member State as it would if the conduct had occurred within the Home State. In so doing, the Home State shall apply its own State laws to determine appropriate action. D. The Home State shall complete any pending investigations of an Occupational Therapist or Occupational Therapy Assistant who changes Primary State of Residence during the course of the investigations. The Home State, where the investigations were initiated, shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the OT Compact Commission Data System. The Occupational Therapy Compact Commission Data System administrator shall promptly notify the new Home State of any Adverse Actions.

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E. A Member State, if otherwise permitted by State law, may recover from the affected Occupational Therapist or Occupational Therapy Assistant the costs of investigations and disposition of cases resulting from any Adverse Action taken against that Occupational Therapist or Occupational Therapy Assistant. F. A Member State may take Adverse Action based on the factual findings of the Remote State, provided that the Member State follows its own procedures for taking the Adverse Action. G. Joint Investigations
1. In addition to the authority granted to a Member State by its respective State Occupational Therapy laws and regulations or other applicable State law, any Member State may participate with other Member States in joint investigations of Licensees. 2. Member States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact. H. If an Adverse Action is taken by the Home State against an Occupational Therapist's or Occupational Therapy Assistant's license, the Occupational Therapist's or Occupational Therapy Assistant's Compact Privilege in all other Member States shall be deactivated until all encumbrances have been removed from the State license. All Home State disciplinary orders that impose Adverse Action against an Occupational Therapist's or Occupational Therapy Assistant's license shall include a Statement that the Occupational Therapist's or Occupational Therapy Assistant's Compact Privilege is deactivated in all Member States during the pendency of the order. I. If a Member State takes Adverse Action, it shall promptly notify the administrator of the Data System. The administrator of the Data System shall promptly notify the Home State of any Adverse Actions by Remote States. J. Nothing in this Compact shall override a Member State's decision that participation in an Alternative Program may be used in lieu of Adverse Action.

SECTION 8. ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT COMMISSION. A. The Compact Member States hereby create and establish a joint public agency known as the Occupational Therapy Compact Commission: 1. The Commission is an instrumentality of the Compact States. 2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. 3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity. B. Membership, Voting, and Meetings 1. Each Member State shall have and be limited to one (1) delegate selected by that Member State's Licensing Board.

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2. The delegate shall be either: a. A current member of the Licensing Board, who is an Occupational Therapist, Occupational Therapy Assistant, or public member; or b. An administrator of the Licensing Board.
3. Any delegate may be removed or suspended from office as provided by the law of the State from which the delegate is appointed. 4. The Member State board shall fill any vacancy occurring in the Commission within 90 days. 5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of Rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication. 6. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws. 7. The Commission shall establish by Rule a term of office for delegates. C. The Commission shall have the following powers and duties: 1. Establish a Code of Ethics for the Commission; 2. Establish the fiscal year of the Commission; 3. Establish bylaws; 4. Maintain its financial records in accordance with the bylaws; 5. Meet and take such actions as are consistent with the provisions of this Compact and the bylaws; 6. Promulgate uniform Rules to facilitate and coordinate implementation and administration of this Compact. The Rules shall have the force and effect of law and shall be binding in all Member States; 7. Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any State Occupational Therapy Licensing Board to sue or be sued under applicable law shall not be affected; 8. Purchase and maintain insurance and bonds; 9. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Member State; 10. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; 11. Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;

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12. Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety; 13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed; 14. Establish a budget and make expenditures; 15. Borrow money; 16. Appoint committees, including standing committees composed of members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws; 17. Provide and receive information from, and cooperate with, law enforcement agencies; 18. Establish and elect an Executive Committee; and 19. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the State regulation of Occupational Therapy licensure and practice. D. The Executive Committee The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact. 1. The Executive Committee shall be composed of nine members:
a. Seven voting members who are elected by the Commission from the current membership of the Commission; b. One ex-officio, nonvoting member from a recognized national Occupational Therapy professional association; and c. One ex-officio, nonvoting member from a recognized national Occupational Therapy certification organization. 2. The ex-officio members will be selected by their respective organizations. 3. The Commission may remove any member of the Executive Committee as provided in bylaws. 4. The Executive Committee shall meet at least annually. 5. The Executive Committee shall have the following Duties and responsibilities: a. Recommend to the entire Commission changes to the Rules or bylaws, changes to this Compact legislation, fees paid by Compact Member States such as annual dues, and any Commission Compact fee charged to Licensees for the Compact Privilege; b. Ensure Compact administration services are appropriately provided, contractual or otherwise; c. Prepare and recommend the budget; d. Maintain financial records on behalf of the Commission; e. Monitor Compact compliance of Member States and provide compliance reports to the Commission; f. Establish additional committees as necessary; and g. Perform other duties as provided in Rules or bylaws.

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E. Meetings of the Commission 1. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the Rulemaking provisions in Section 10. 2. The Commission or the Executive Committee or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Committee or other committees of the Commission must discuss: a. Non-compliance of a Member State with its obligations under the Compact; b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures; c. Current, threatened, or reasonably anticipated litigation; d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; e. Accusing any person of a crime or formally censuring any person; f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential; g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; h. Disclosure of investigative records compiled for law enforcement purposes; i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or j. Matters specifically exempted from disclosure by federal or Member State statute. 3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. 4. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.
F. Financing of the Commission 1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. 2. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services. 3. The Commission may levy on and collect an annual assessment from each Member State or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved by the Commission each year for which revenue is not

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provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a Rule binding upon all Member States. 4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Member States, except by and with the authority of the Member State. 5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission. G. Qualified Immunity, Defense, and Indemnification 1. The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. 2. The Commission shall defend any member, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct. 3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

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SECTION 9. DATA SYSTEM A. The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, Adverse Action, and Investigative Information on all licensed individuals in Member States. B. A Member State shall submit a uniform data set to the Data System on all individuals to whom this Compact is applicable (utilizing a unique identifier) as required by the Rules of the Commission, including:
1. Identifying information; 2. Licensure data; 3. Adverse Actions against a license or Compact Privilege; 4. Non-confidential information related to Alternative Program participation; 5. Any denial of application for licensure, and the reason(s) for such denial; 6. Other information that may facilitate the administration of this Compact, as determined by the Rules of the Commission; and 7. Current Significant Investigative Information. C. Current Significant Investigative Information and other Investigative Information pertaining to a Licensee in any Member State will only be available to other Member States. D. The Commission shall promptly notify all Member States of any Adverse Action taken against a Licensee or an individual applying for a license. Adverse Action information pertaining to a Licensee in any Member State will be available to any other Member State. E. Member States contributing information to the Data System may designate information that may not be shared with the public without the express permission of the contributing State. F. Any information submitted to the Data System that is subsequently required to be expunged by the laws of the Member State contributing the information shall be removed from the Data System.

SECTION 10. RULEMAKING A. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth in this Section and the Rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each Rule or amendment. B. The Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the Compact. Notwithstanding the foregoing, in the event the Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force and effect. C. If a majority of the legislatures of the Member States rejects a Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within 4 years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Member State.

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D. Rules or amendments to the Rules shall be adopted at a regular or special meeting of the Commission. E. Prior to promulgation and adoption of a final Rule or Rules by the Commission, and at least thirty (30) days in advance of the meeting at which the Rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:
1. On the website of the Commission or other publicly accessible platform; and 2. On the website of each Member State Occupational Therapy Licensing Board or other publicly accessible platform or the publication in which each State would otherwise publish proposed Rules. F. The Notice of Proposed Rulemaking shall include: 1. The proposed time, date, and location of the meeting in which the Rule will be considered and voted upon; 2. The text of the proposed Rule or amendment and the reason for the proposed Rule; 3. A request for comments on the proposed Rule from any interested person; and 4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments. G. Prior to adoption of a proposed Rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public. H. The Commission shall grant an opportunity for a public hearing before it adopts a Rule or amendment if a hearing is requested by: 1. At least twenty five (25) persons; 2. A State or federal governmental subdivision or agency; or 3. An association or organization having at least twenty five (25) members. I. If a hearing is held on the proposed Rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing. 1. All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing. 2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. 3. All hearings will be recorded. A copy of the recording will be made available on request. 4. Nothing in this section shall be construed as requiring a separate hearing on each Rule. Rules may be grouped for the convenience of the Commission at hearings required by this section. J. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

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K. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed Rule without a public hearing. L. The Commission shall, by majority vote of all members, take final action on the proposed Rule and shall determine the effective date of the Rule, if any, based on the Rulemaking record and the full text of the Rule. M. Upon determination that an emergency exists, the Commission may consider and adopt an emergency Rule without prior notice, opportunity for comment, or hearing, provided that the usual Rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare; 2. Prevent a loss of Commission or Member State funds; 3. Meet a deadline for the promulgation of an administrative Rule that is established by federal law or Rule; or 4. Protect public health and safety. N. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted Rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight 1. The executive, legislative, and judicial branches of State government in each Member State shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of this Compact and the Rules promulgated hereunder shall have standing as statutory law. 2. All courts shall take judicial notice of the Compact and the Rules in any judicial or administrative proceeding in a Member State pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Commission. 3. The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to

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provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated Rules. B. Default, Technical Assistance, and Termination 1. If the Commission determines that a Member State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall:
a. Provide written notice to the defaulting State and other Member States of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and b. Provide remedial training and specific technical assistance regarding the default. 2. If a State in default fails to cure the default, the defaulting State may be terminated from the Compact upon an affirmative vote of a majority of the Member States, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default. 3. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State's legislature, and each of the Member States. 4. A State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. 5. The Commission shall not bear any costs related to a State that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting State. 6. The defaulting State may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees. C. Dispute Resolution 1. Upon request by a Member State, the Commission shall attempt to resolve disputes related to the Compact that arise among Member States and between member and non-Member States. 2. The Commission shall promulgate a Rule providing for both mediation and binding dispute resolution for disputes as appropriate. D. Enforcement 1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and Rules of this Compact. 2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a Member State in default to enforce compliance with the

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provisions of the Compact and its promulgated Rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees. 3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or State law.

SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR OCCUPATIONAL THERAPY PRACTICE
AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth Member State. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of Rules. Thereafter, the Commission shall meet and exercise Rulemaking powers necessary to the implementation and administration of the Compact. B. Any State that joins the Compact subsequent to the Commission's initial adoption of the Rules shall be subject to the Rules as they exist on the date on which the Compact becomes law in that State. Any Rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that State. C. Any Member State may withdraw from this Compact by enacting a statute repealing the same.
1. A Member State's withdrawal shall not take effect until six (6) months after enactment of the repealing statute. 2. Withdrawal shall not affect the continuing requirement of the withdrawing State's Occupational Therapy Licensing Board to comply with the investigative and Adverse Action reporting requirements of this act prior to the effective date of withdrawal. D. Nothing contained in this Compact shall be construed to invalidate or prevent any Occupational Therapy licensure agreement or other cooperative arrangement between a Member State and a non-Member State that does not conflict with the provisions of this Compact. E. This Compact may be amended by the Member States. No amendment to this Compact shall become effective and binding upon any Member State until it is enacted into the laws of all Member States.

SECTION 13. CONSTRUCTION AND SEVERABILITY This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any Member State or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this

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Compact shall be held contrary to the constitution of any Member State, the Compact shall remain in full force and effect as to the remaining Member States and in full force and effect as to the Member State affected as to all severable matters.

SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS A. A Licensee providing Occupational Therapy in a Remote State under the Compact Privilege shall function within the laws and regulations of the Remote State. B. Nothing herein prevents the enforcement of any other law of a Member State that is not inconsistent with the Compact. C. Any laws in a Member State in conflict with the Compact are superseded to the extent of the conflict. D. Any lawful actions of the Commission, including all Rules and bylaws promulgated by the Commission, are binding upon the Member States. E. All agreements between the Commission and the Member States are binding in accordance with their terms. F. In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any Member State, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that Member State.'"

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

Approved May 10, 2021.

__________

PROFESSIONS AND BUSINESSES ENTERS INTO "PROFESSIONAL COUNSELORS LICENSURE COMPACT"; REVISES PROFESSIONAL
COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS LICENSING PROVISIONS.

No. 287 (House Bill No. 395).

AN ACT

To amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, social workers, and marriage and family therapists, so as to revise certain licensing provisions; to enter into an interstate compact known as the "Professional Counselors Licensure Compact"; to authorize the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists to administer the compact

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in this state; to authorize the board to conduct national background checks; to provide for conditions; to provide for eligibility; 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. Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, social workers, and marriage and family therapists, is amended by revising Code Section 43-10A-5, relating to requirement of oath, quorum, powers and duties of board, ethics, reimbursement of members, and meetings, by adding new subsections to read as follows:
"(h) The board shall administer the Professional Counselors Licensure Compact contained in Article 2 of this chapter. (i) The board is authorized 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 background checks shall not be shared with entities outside of this state."

SECTION 2. Said chapter is further amended by revising subsection (a) of Code Section 43-10A-8, relating to eligibility for licensure, as follows:
"43-10A-8. No person shall be eligible for licensure under this chapter unless such person furnishes satisfactory evidence to the board of all of the following:
(1) Having met the education, training, and experience requirements of Code Section 43-10A-11, 43-10A-12, or 43-10A-13 regarding that specialty for which a license is sought; (2) Having successfully passed the examination established for that specialty under Code Section 43-10A-9, except that persons meeting the requirements of subparagraph (a)(2)(A) of Code Section 43-10A-13 shall not be required to pass such examination; (3) Having paid any required license fee; (4) Having furnished at least two personal references from supervisors, teachers, or any combination thereof; and (5) Having 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 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

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background check, including, but not limited to, classifiable sets of fingerprints. Any such applicant shall be responsible for all fees associated with the performance of such background check."

SECTION 3. Said chapter is further amended by redesignating provisions of said chapter as Article 1, by replacing "this chapter" with "this article" everywhere such term occurs in the new article, and by adding a new article to read as follows:

"ARTICLE 2

43-10A-50. This article shall be known and may be cited as 'The Professional Counselors Licensure Compact Act.'

43-10A-51. The Professional Counselors Licensure Compact is enacted into law and entered into by the State of Georgia with any and all other states legally joining therein in the form substantially as follows:

'PROFESSIONAL COUNSELORS LICENSURE COMPACT

SECTION 1. PURPOSE The purpose of this Compact is to facilitate interstate practice of Licensed Professional Counselors with the goal of improving public access to Professional Counseling services. The practice of Professional Counseling occurs in the State where the client is located at the time of the counseling services. The Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure. This Compact is designed to achieve the following objectives:
A. Increase public access to Professional Counseling services by providing for the mutual recognition of other Member State licenses; B. Enhance the States' ability to protect the public's health and safety; C. Encourage the cooperation of Member States in regulating multistate practice for Licensed Professional Counselors; D. Support spouses of relocating Active Duty Military personnel; E. Enhance the exchange of licensure, investigative, and disciplinary information among Member States; F. Allow for the use of Telehealth technology to facilitate increased access to Professional Counseling services; G. Support the uniformity of Professional Counseling licensure requirements throughout the States to promote public safety and public health benefits;

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H. Invest all Member States with the authority to hold a Licensed Professional Counselor accountable for meeting all State practice laws in the State in which the client is located at the time care is rendered through the mutual recognition of Member State licenses; I. Eliminate the necessity for licenses in multiple States; and J. Provide opportunities for interstate practice by Licensed Professional Counselors who meet uniform licensure requirements.

SECTION 2. DEFINITIONS As used in this Compact, and except as otherwise provided, the following definitions shall apply:
A. "Active Duty Military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211. B. "Adverse Action" means any administrative, civil, equitable or criminal action permitted by a State's laws which is imposed by a licensing board or other authority against a Licensed Professional Counselor, including actions against an individual's license or Privilege to Practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other Encumbrance on licensure affecting a Licensed Professional Counselor's authorization to practice, including issuance of a cease and desist action. C. "Alternative Program" means a non-disciplinary monitoring or practice remediation process approved by a Professional Counseling Licensing Board to address Impaired Practitioners. D. "Continuing Competence/Education" means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work. E. "Counseling Compact Commission" or "Commission" means the national administrative body whose membership consists of all States that have enacted the Compact. F. "Current Significant Investigative Information" means:
1. Investigative Information that a Licensing Board, after a preliminary inquiry that includes notification and an opportunity for the Licensed Professional Counselor to respond, if required by State law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or 2. Investigative Information that indicates that the Licensed Professional Counselor represents an immediate threat to public health and safety regardless of whether the Licensed Professional Counselor has been notified and had an opportunity to respond. G. "Data System" means a repository of information about Licensees, including, but not limited to, continuing education, examination, licensure, investigative, Privilege to Practice and Adverse Action information.

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H. "Encumbered License" means a license in which an Adverse Action restricts the practice of licensed Professional Counseling by the Licensee and said Adverse Action has been reported to the National Practitioners Data Bank (NPDB). I. "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of Licensed Professional Counseling by a Licensing Board. J. "Executive Committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission. K. "Home State" means the Member State that is the Licensee's primary State of residence. L. "Impaired Practitioner" means an individual who has a condition(s) that may impair their ability to practice as a Licensed Professional Counselor without some type of intervention and may include, but are not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments. M. "Investigative Information" means information, records, and documents received or generated by a Professional Counseling Licensing Board pursuant to an investigation. N. "Jurisprudence Requirement" if required by a Member State, means the assessment of an individual's knowledge of the laws and Rules governing the practice of Professional Counseling in a State. O. "Licensed Professional Counselor" means a counselor licensed by a Member State, regardless of the title used by that State, to independently assess, diagnose, and treat behavioral health conditions. P. "Licensee" means an individual who currently holds an authorization from the State to practice as a Licensed Professional Counselor. Q. "Licensing Board" means the agency of a State, or equivalent, that is responsible for the licensing and regulation of Licensed Professional Counselors. R. "Member State" means a State that has enacted the Compact. S. "Privilege to Practice" means a legal authorization, which is equivalent to a license, permitting the practice of Professional Counseling in a Remote State. T. "Professional Counseling" means the assessment, diagnosis, and treatment of behavioral health conditions by a Licensed Professional Counselor. U. "Remote State" means a Member State other than the Home State, where a Licensee is exercising or seeking to exercise the Privilege to Practice. V. "Rule" means a regulation promulgated by the Commission that has the force of law. W. "Single State License" means a Licensed Professional Counselor license issued by a Member State that authorizes practice only within the issuing State and does not include a Privilege to Practice in any other Member State. X. "State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of Professional Counseling. Y. "Telehealth" means the application of telecommunication technology to deliver Professional Counseling services remotely to assess, diagnose, and treat behavioral health conditions.

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Z. "Unencumbered License" means a license that authorizes a Licensed Professional Counselor to engage in the full and unrestricted practice of Professional Counseling.

SECTION 3. STATE PARTICIPATION IN THE COMPACT A. To Participate in the Compact, a State must currently: 1. License and regulate Licensed Professional Counselors; 2. Require Licensees to pass a nationally recognized exam approved by the Commission; 3. Require Licensees to have a 60 semester-hour (or 90 quarter-hour) master's degree in counseling or 60 semester-hours (or 90 quarter-hours) of graduate course work including the following topic areas: a. Professional Counseling Orientation and Ethical Practice; b. Social and Cultural Diversity; c. Human Growth and Development; d. Career Development; e. Counseling and Helping Relationships; f. Group Counseling and Group Work; g. Diagnosis and Treatment; Assessment and Testing; h. Research and Program Evaluation; and i. Other areas as determined by the Commission. 4. Require Licensees to complete a supervised postgraduate professional experience as defined by the Commission; 5. Have a mechanism in place for receiving and investigating complaints about Licensees. B. A Member State shall: 1. Participate fully in the Commission's Data System, including using the Commission's unique identifier as defined in Rules; 2. Notify the Commission, in compliance with the terms of the Compact and Rules, of any Adverse Action or the availability of Investigative Information regarding a Licensee; 3. Implement or utilize procedures for considering the criminal history records of applicants for an initial Privilege to Practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that State's criminal records; a. A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search and shall use the results in making licensure decisions. b. Communication between a Member State, the Commission and among Member States regarding the verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating

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to a federal criminal records check performed by a Member State under Public Law 92-544. 4. Comply with the Rules of the Commission; 5. Require an applicant to obtain or retain a license in the Home State and meet the Home State's qualifications for licensure or renewal of licensure, as well as all other applicable State laws; 6. Grant the Privilege to Practice to a Licensee holding a valid Unencumbered License in another Member State in accordance with the terms of the Compact and Rules; and 7. Provide for the attendance of the State's commissioner to the Counseling Compact Commission meetings. C. Member States may charge a fee for granting the Privilege to Practice. D. Individuals not residing in a Member State shall continue to be able to apply for a Member State's Single State License as provided under the laws of each Member State. However, the Single State License granted to these individuals shall not be recognized as granting a Privilege to Practice Professional Counseling in any other Member State. E. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single State License. F. A license issued to a Licensed Professional Counselor by a Home State to a resident in that State shall be recognized by each Member State as authorizing a Licensed Professional Counselor to practice Professional Counseling, under a Privilege to Practice, in each Member State.

SECTION 4. PRIVILEGE TO PRACTICE A. To exercise the Privilege to Practice under the terms and provisions of the Compact, the Licensee shall: 1. Hold a license in the Home State; 2. Have a valid United States Social Security Number or National Practitioner Identifier; 3. Be eligible for a Privilege to Practice in any Member State in accordance with Section 4(D), (G) and (H); 4. Have not had any Encumbrance or restriction against any license or Privilege to Practice within the previous two (2) years; 5. Notify the Commission that the Licensee is seeking the Privilege to Practice within a Remote State(s); 6. Pay any applicable fees, including any State fee, for the Privilege to Practice; 7. Meet any Continuing Competence/Education requirements established by the Home State; 8. Meet any Jurisprudence Requirements established by the Remote State(s) in which the Licensee is seeking a Privilege to Practice; and 9. Report to the Commission any Adverse Action, Encumbrance, or restriction on license taken by any non-Member State within 30 days from the date the action is taken.

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B. The Privilege to Practice is valid until the expiration date of the Home State license. The Licensee must comply with the requirements of Section 4(A) to maintain the Privilege to Practice in the Remote State. C. A Licensee providing Professional Counseling in a Remote State under the Privilege to Practice shall adhere to the laws and regulations of the Remote State. D. A Licensee providing Professional Counseling services in a Remote State is subject to that State's regulatory authority. A Remote State may, in accordance with due process and that State's laws, remove a Licensee's Privilege to Practice in the Remote State for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The Licensee may be ineligible for a Privilege to Practice in any Member State until the specific time for removal has passed and all fines are paid. E. If a Home State license is encumbered, the Licensee shall lose the Privilege to Practice in any Remote State until the following occur:
1. The Home State license is no longer encumbered; and 2. Have not had any Encumbrance or restriction against any license or Privilege to Practice within the previous two (2) years. F. Once an Encumbered License in the Home State is restored to good standing, the Licensee must meet the requirements of Section 4(A) to obtain a Privilege to Practice in any Remote State. G. If a Licensee's Privilege to Practice in any Remote State is removed, the individual may lose the Privilege to Practice in all other Remote States until the following occur: 1. The specific period of time for which the Privilege to Practice was removed has ended; 2. All fines have been paid; and 3. Have not had any Encumbrance or restriction against any license or Privilege to Practice within the previous two (2) years. H. Once the requirements of Section 4(G) have been met, the Licensee must meet the requirements in Section 4(A) to obtain a Privilege to Practice in a Remote State.

SECTION 5. OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO PRACTICE
A. A Licensed Professional Counselor may hold a Home State license, which allows for a Privilege to Practice in other Member States, in only one Member State at a time. B. If a Licensed Professional Counselor changes primary State of residence by moving between two Member States:
1. The Licensed Professional Counselor shall file an application for obtaining a new Home State license based on a Privilege to Practice, pay all applicable fees, and notify the current and new Home State in accordance with applicable Rules adopted by the Commission. 2. Upon receipt of an application for obtaining a new Home State license by virtue of a Privilege to Practice, the new Home State shall verify that the Licensed Professional

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Counselor meets the pertinent criteria outlined in Section 4 via the Data System, without need for primary source verification except for:
a. a Federal Bureau of Investigation fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the Commission in accordance with Public Law 92-544; b. other criminal background check as required by the new Home State; and c. completion of any requisite Jurisprudence Requirements of the new Home State. 3. The former Home State shall convert the former Home State license into a Privilege to Practice once the new Home State has activated the new Home State license in accordance with applicable Rules adopted by the Commission. 4. Notwithstanding any other provision of this Compact, if the Licensed Professional Counselor cannot meet the criteria in Section 4, the new Home State may apply its requirements for issuing a new Single State License. 5. The Licensed Professional Counselor shall pay all applicable fees to the new Home State in order to be issued a new Home State license. C. If a Licensed Professional Counselor changes Primary State of Residence by moving from a Member State to a non-Member State, or from a non-Member State to a Member State, the State criteria shall apply for issuance of a Single State License in the new State. D. Nothing in this Compact shall interfere with a Licensee's ability to hold a Single State License in multiple States, however for the purposes of this Compact, a Licensee shall have only one Home State license. E. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single State License.

SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES Active Duty Military personnel, or their spouse, shall designate a Home State where the individual has a current license in good standing. The individual may retain the Home State designation during the period the service member is on active duty. Subsequent to designating a Home State, the individual shall only change their Home State through application for licensure in the new State, or through the process outlined in Section 5.

SECTION 7. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH A. Member States shall recognize the right of a Licensed Professional Counselor, licensed by a Home State in accordance with Section 3 and under Rules promulgated by the Commission, to practice Professional Counseling in any Member State via Telehealth under a Privilege to Practice as provided in the Compact and Rules promulgated by the Commission. B. A Licensee providing Professional Counseling services in a Remote State under the Privilege to Practice shall adhere to the laws and regulations of the Remote State.

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SECTION 8. ADVERSE ACTIONS A. In addition to the other powers conferred by State law, a Remote State shall have the authority, in accordance with existing State due process law, to: 1. Take Adverse Action against a Licensed Professional Counselor's Privilege to Practice within that Member State, and 2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing Board in a Member State for the attendance and testimony of witnesses or the production of evidence from another Member State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State in which the witnesses or evidence are located. 3. Only the Home State shall have the power to take Adverse Action against a Licensed Professional Counselor's license issued by the Home State. B. For purposes of taking Adverse Action, the Home State shall give the same priority and effect to reported conduct received from a Member State as it would if the conduct had occurred within the Home State. In so doing, the Home State shall apply its own State laws to determine appropriate action. C. The Home State shall complete any pending investigations of a Licensed Professional Counselor who changes primary State of residence during the course of the investigations. The Home State shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the Data System. The administrator of the coordinated licensure information system shall promptly notify the new Home State of any Adverse Actions. D. A Member State, if otherwise permitted by State law, may recover from the affected Licensed Professional Counselor the costs of investigations and dispositions of cases resulting from any Adverse Action taken against that Licensed Professional Counselor. E. A Member State may take Adverse Action based on the factual findings of the Remote State, provided that the Member State follows its own procedures for taking the Adverse Action. F. Joint Investigations: 1. In addition to the authority granted to a Member State by its respective Professional Counseling practice act or other applicable State law, any Member State may participate with other Member States in joint investigations of Licensees. 2. Member States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact. G. If Adverse Action is taken by the Home State against the license of a Licensed Professional Counselor, the Licensed Professional Counselor's Privilege to Practice in all other Member States shall be deactivated until all Encumbrances have been removed from the State license. All Home State disciplinary orders that impose Adverse Action against

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the license of a Licensed Professional Counselor shall include a Statement that the Licensed Professional Counselor's Privilege to Practice is deactivated in all Member States during the pendency of the order. H. If a Member State takes Adverse Action, it shall promptly notify the administrator of the Data System. The administrator of the Data System shall promptly notify the Home State of any Adverse Actions by Remote States. I. Nothing in this Compact shall override a Member State's decision that participation in an Alternative Program may be used in lieu of Adverse Action.

SECTION 9. ESTABLISHMENT OF COUNSELING COMPACT COMMISSION A. The Compact Member States hereby create and establish a joint public agency known as the Counseling Compact Commission: 1. The Commission is an instrumentality of the Compact States. 2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. 3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity. B. Membership, Voting, and Meetings 1. Each Member State shall have and be limited to one (1) delegate selected by that Member State's Licensing Board. 2. The delegate shall be either: a. A current member of the Licensing Board at the time of appointment, who is a Licensed Professional Counselor or public member; or b. An administrator of the Licensing Board. 3. Any delegate may be removed or suspended from office as provided by the law of the State from which the delegate is appointed. 4. The Member State Licensing Board shall fill any vacancy occurring on the Commission within 60 days. 5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of Rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. 6. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication. 7. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws. 8. The Commission shall by Rule establish a term of office for delegates and may by Rule establish term limits.

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C. The Commission shall have the following powers and duties: 1. Establish the fiscal year of the Commission; 2. Establish bylaws; 3. Maintain its financial records in accordance with the bylaws; 4. Meet and take such actions as are consistent with the provisions of this Compact and the bylaws; 5. Promulgate Rules which shall be binding to the extent and in the manner provided for in the Compact; 6. Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any State Licensing Board to sue or be sued under applicable law shall not be affected; 7. Purchase and maintain insurance and bonds; 8. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Member State; 9. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters; 10. Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest; 11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety; 12. Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed; 13. Establish a budget and make expenditures; 14. Borrow money; 15. Appoint committees, including standing committees composed of members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws; 16. Provide and receive information from, and cooperate with, law enforcement agencies; 17. Establish and elect an Executive Committee; and 18. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the State regulation of Professional Counseling licensure and practice.
D. The Executive Committee 1. The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact. 2. The Executive Committee shall be composed of up to eleven (11) members:

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a. Seven voting members who are elected by the Commission from the current membership of the Commission; and b. Up to four (4) ex-officio, nonvoting members from four (4) recognized national professional counselor organizations. c. The ex-officio members will be selected by their respective organizations. 3. The Commission may remove any member of the Executive Committee as provided in bylaws. 4. The Executive Committee shall meet at least annually. 5. The Executive Committee shall have the following duties and responsibilities: a. Recommend to the entire Commission changes to the Rules or bylaws, changes to this Compact legislation, fees paid by Compact Member States such as annual dues, and any Commission Compact fee charged to Licensees for the Privilege to Practice; b. Ensure Compact administration services are appropriately provided, contractual or otherwise; c. Prepare and recommend the budget; d. Maintain financial records on behalf of the Commission; e. Monitor Compact compliance of Member States and provide compliance reports to the Commission; f. Establish additional committees as necessary; and g. Other duties as provided in Rules or bylaws. E. Meetings of the Commission 1. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the Rulemaking provisions in Section 11. 2. The Commission or the Executive Committee or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Committee or other committees of the Commission must discuss: a. Non-compliance of a Member State with its obligations under the Compact; b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures; c. Current, threatened, or reasonably anticipated litigation; d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate; e. Accusing any person of a crime or formally censuring any person; f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential; g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; h. Disclosure of investigative records compiled for law enforcement purposes;

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i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or j. Matters specifically exempted from disclosure by federal or Member State statute. 3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. 4. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction. F. Financing of the Commission 1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. 2. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services. 3. The Commission may levy on and collect an annual assessment from each Member State or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a Rule binding upon all Member States. 4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Member States, except by and with the authority of the Member State. 5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission. G. Qualified Immunity, Defense, and Indemnification 1. The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or

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responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. 2. The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct. 3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

SECTION 10. DATA SYSTEM A. The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, Adverse Action, and Investigative Information on all licensed individuals in Member States. B. Notwithstanding any other provision of State law to the contrary, a Member State shall submit a uniform data set to the Data System on all individuals to whom this Compact is applicable as required by the Rules of the Commission, including: 1. Identifying information; 2. Licensure data; 3. Adverse Actions against a license or Privilege to Practice; 4. Non-confidential information related to Alternative Program participation; 5. Any denial of application for licensure, and the reason(s) for such denial; 6. Current Significant Investigative Information; and 7. Other information that may facilitate the administration of this Compact, as determined by the Rules of the Commission. C. Investigative Information pertaining to a Licensee in any Member State will only be available to other Member States. D. The Commission shall promptly notify all Member States of any Adverse Action taken against a Licensee or an individual applying for a license. Adverse Action information pertaining to a Licensee in any Member State will be available to any other Member State.

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E. Member States contributing information to the Data System may designate information that may not be shared with the public without the express permission of the contributing State. F. Any information submitted to the Data System that is subsequently required to be expunged by the laws of the Member State contributing the information shall be removed from the Data System.

SECTION 11. RULEMAKING A. The Commission shall promulgate reasonable Rules in order to effectively and efficiently achieve the purpose of the Compact. Notwithstanding the foregoing, in the event the Commission exercises its Rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force or effect. B. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth in this Section and the Rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each Rule or amendment. C. If a majority of the legislatures of the Member States rejects a Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Member State. D. Rules or amendments to the Rules shall be adopted at a regular or special meeting of the Commission. E. Prior to promulgation and adoption of a final Rule or Rules by the Commission, and at least thirty (30) days in advance of the meeting at which the Rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking: 1. On the website of the Commission or other publicly accessible platform; and 2. On the website of each Member State Professional Counseling Licensing Board or other publicly accessible platform or the publication in which each State would otherwise publish proposed Rules. F. The Notice of Proposed Rulemaking shall include: 1. The proposed time, date, and location of the meeting in which the Rule will be considered and voted upon; 2. The text of the proposed Rule or amendment and the reason for the proposed Rule; 3. A request for comments on the proposed Rule from any interested person; and 4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments. G. Prior to adoption of a proposed Rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public. H. The Commission shall grant an opportunity for a public hearing before it adopts a Rule or amendment if a hearing is requested by:

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1. At least twenty-five (25) persons; 2. A State or federal governmental subdivision or agency; or 3. An association having at least twenty-five (25) members. I. If a hearing is held on the proposed Rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing. 1. All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing. 2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. 3. All hearings will be recorded. A copy of the recording will be made available on request. 4. Nothing in this section shall be construed as requiring a separate hearing on each Rule. Rules may be grouped for the convenience of the Commission at hearings required by this section. J. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received. K. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed Rule without a public hearing. L. The Commission shall, by majority vote of all members, take final action on the proposed Rule and shall determine the effective date of the Rule, if any, based on the Rulemaking record and the full text of the Rule. M. Upon determination that an emergency exists, the Commission may consider and adopt an emergency Rule without prior notice, opportunity for comment, or hearing, provided that the usual Rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately in order to: 1. Meet an imminent threat to public health, safety, or welfare; 2. Prevent a loss of Commission or Member State funds; 3. Meet a deadline for the promulgation of an administrative Rule that is established by federal law or Rule; or 4. Protect public health and safety. N. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted Rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to

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challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

SECTION 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT A. Oversight 1. The executive, legislative, and judicial branches of State government in each Member State shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of this Compact and the Rules promulgated hereunder shall have standing as statutory law. 2. All courts shall take judicial notice of the Compact and the Rules in any judicial or administrative proceeding in a Member State pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Commission. 3. The Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated Rules. B. Default, Technical Assistance, and Termination 1. If the Commission determines that a Member State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall: a. Provide written notice to the defaulting State and other Member States of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and b. Provide remedial training and specific technical assistance regarding the default. C. If a State in default fails to cure the default, the defaulting State may be terminated from the Compact upon an affirmative vote of a majority of the Member States, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default. D. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State's legislature, and each of the Member States. E. A State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

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F. The Commission shall not bear any costs related to a State that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting State. G. The defaulting State may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees. H. Dispute Resolution
1. Upon request by a Member State, the Commission shall attempt to resolve disputes related to the Compact that arise among Member States and between member and non-Member States. 2. The Commission shall promulgate a Rule providing for both mediation and binding dispute resolution for disputes as appropriate. I. Enforcement 1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and Rules of this Compact. 2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a Member State in default to enforce compliance with the provisions of the Compact and its promulgated Rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees. 3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or State law.

SECTION 13. DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth Member State. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of Rules. Thereafter, the Commission shall meet and exercise Rulemaking powers necessary to the implementation and administration of the Compact. B. Any State that joins the Compact subsequent to the Commission's initial adoption of the Rules shall be subject to the Rules as they exist on the date on which the Compact becomes law in that State. Any Rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that State. C. Any Member State may withdraw from this Compact by enacting a statute repealing the same.
1. A Member State's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.

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2. Withdrawal shall not affect the continuing requirement of the withdrawing State's Professional Counseling Licensing Board to comply with the investigative and Adverse Action reporting requirements of this act prior to the effective date of withdrawal. D. Nothing contained in this Compact shall be construed to invalidate or prevent any Professional Counseling licensure agreement or other cooperative arrangement between a Member State and a non-Member State that does not conflict with the provisions of this Compact. E. This Compact may be amended by the Member States. No amendment to this Compact shall become effective and binding upon any Member State until it is enacted into the laws of all Member States.

SECTION 14. CONSTRUCTION AND SEVERABILITY This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any Member State or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any Member State, the Compact shall remain in full force and effect as to the remaining Member States and in full force and effect as to the Member State affected as to all severable matters.

SECTION 15. BINDING EFFECT OF COMPACT AND OTHER LAWS A. A Licensee providing Professional Counseling services in a Remote State under the Privilege to Practice shall adhere to the laws and regulations, including scope of practice, of the Remote State. B. Nothing herein prevents the enforcement of any other law of a Member State that is not inconsistent with the Compact. C. Any laws in a Member State in conflict with the Compact are superseded to the extent of the conflict. D. Any lawful actions of the Commission, including all Rules and bylaws properly promulgated by the Commission, are binding upon the Member States. E. All permissible agreements between the Commission and the Member States are binding in accordance with their terms. F. In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any Member State, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that Member State.'"

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Approved May 10, 2021.
__________
PROFESSIONS AND BUSINESSES PATIENT PROTECTION MEASURES FOR PATIENTS UNDERGOING SEDATION IN CERTAIN SETTINGS; TRAINING FOR CERTAIN DENTAL ASSISTANTS AND DENTAL HYGIENISTS.
No. 288 (Senate Bill No. 5).
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide patient protection measures for patients undergoing sedation in certain settings; to provide for patients under conscious sedation in dental settings and for dental procedures in medispas; to require certain training by dental assistants and dental hygienists relating to the performance of phlebotomy and venipuncture procedures; to provide for patients under varying levels of sedation in physician offices and medispas; to provide for definitions; to provide for rules and regulations; to provide for enforcement; to provide for statutory construction; 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 Article 1 of Chapter 11, relating to general provisions relative to dentists, dental hygienists, and dental assistants, by revising Code Section 43-11-21, relating to conscious sedation, as follows:
"43-11-21. (a) No dentist licensed and practicing in the State of Georgia shall administer either single or multiple pharmacologic agents by oral, parenteral, enteral, transdermal, or transmucosal route that renders a patient to a state of conscious sedation as defined in Code Section 43-11-1, unless such dentist has been issued a permit by the board under the conditions specified therefor in this Code section. The dentist shall ensure that the pharmacologic agents and methods used to administer such agents shall include a margin

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of safety so that loss of consciousness of the patient is unlikely. This Code section shall not restrict the use of nitrous oxide or pharmacological agents that do not render a patient to a state of conscious sedation. Such permit shall be subject to biennial renewal at the time the dentist is required to renew that dentist's license to practice dentistry. It shall be the responsibility of the dentist to provide such information as the board may require and to pay the separate initial issuance and renewal fees for the permit as may be established by the board. (b) No dentist shall be issued a permit under this Code section unless the board has received satisfactory evidence that such dentist:
(1) Has received formal training in the use of conscious sedation at an institution accredited by the Commission on Dental Accreditation of the American Dental Association (ADA), its successor agency, or other board approved organization and is certified by such organization as competent in the administration of pharmacologic agents for conscious sedation and the handling of emergencies relating to conscious sedation. Such certification shall specify the type, number of hours, and length of training. The minimum didactic hours, patient contact hours, and number of patients sedated under supervision shall be established by rule or regulation of the board; (2) Utilizes a properly equipped facility for the administration of conscious sedation, including physical plant and equipment, which has been evaluated and certified by an on-site examination; and (3) Has demonstrated to the satisfaction of the board or any designee thereof proficiency in administering sedative techniques in the dentist's office on a patient or patients in a safe and effective manner. (c) In enforcing the provisions of this Code section, the board is authorized to designate qualified persons to perform the on-site examinations and is further authorized to provide by rule or regulation for standards for physical plant, equipment, and personnel to be utilized in the induction of conscious sedation. (d) The board or its appointed designee may, upon reasonable notice, make on-site inspections of the facility, equipment, and personnel of a dentist issued a permit under this Code section to determine if the standards of paragraph (2) of subsection (b) of this Code section are being maintained. (e)(1) The board may, upon proper application, grant a provisional permit to administer conscious sedation to any dentist who meets the requirements of paragraph (1) of subsection (b) of this Code section. (2) A provisional permit issued under this subsection shall expire six months after its issuance or upon the board's determination by site visit that the requirements of paragraph (2) or (3) of subsection (b) of this Code section have not been met, whichever occurs earlier. The provisional permit may be renewed once, at the discretion of the board, for a period not to exceed six months following the original expiration date.

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(f) A dentist holding a current, valid permit to administer general anesthesia as provided in this chapter shall not be required to obtain a permit under this Code section in order to administer conscious sedation. (g) A permit issued under this Code section may be revoked or not renewed if the board determines that the dentist holding such permit no longer meets any requirement of subsection (b) of this Code section. The board shall provide notice and opportunity for hearing under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in any case in which it revokes or refuses to renew a permit, provided that summary action regarding such permit shall be authorized under Code Section 50-13-18.
(h)(1) Any person who administers conscious sedation in this state in a dental facility or during the practice of dentistry in a medispa, without a license to practice dentistry from the board, shall be deemed to be engaged in the unlawful practice of dentistry and subject to the provisions of subsection (e) of Code Section 43-11-2 and Code Section 43-11-50. As used in this paragraph, the term 'medispa' means a facility that offers a range of services for the purpose of improving an individual's well-being or appearance, including medical and surgical procedures such as liposuction, laser procedures, intense pulsed light, and injection of cosmetic filling agents and neurotoxins, in a nontraditional setting. (2) Nothing in this subsection shall be construed to prevent a physician licensed in this state from administering conscious sedation or to deem a physician licensed in this state to be engaged in the unlawful practice of dentistry. (3) Nothing in this subsection shall be construed to expand the scope of the practice of dentistry. (i)(1) This Code section shall not prohibit a person who is duly licensed to practice medicine in this state and who is a member of the anesthesiology staff of an institution classified as a hospital and issued a permit as an institution under Code Section 31-7-1 from administering conscious sedation in a dental facility, except that such anesthesiologist shall remain on the premises of the dental facility until any patient given conscious sedation by such anesthesiologist is stabilized and has regained consciousness. (2) This Code section shall not prohibit a person who is duly licensed as a certified registered nurse anesthetist in this state from administering conscious sedation in a dental facility nor deem a certified registered nurse anesthetist to be engaged in the unlawful practice of dentistry, provided that such sedation is administered under the direction and responsibility of a dentist duly permitted under this Code section and that such nurse anesthetist shall remain on the premises of the dental facility until any patient given conscious sedation by such nurse anesthetist is stabilized and has regained consciousness. (3) This Code section shall not prohibit a person who is duly licensed as a physician assistant in this state who has completed an anesthesiologist assistant program approved by the Georgia Composite Medical Board from administering conscious sedation nor deem such physician assistant to be engaged in the unlawful practice of dentistry, pursuant to their job description as approved by the Georgia Composite Medical Board,

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provided that such sedation is administered under the direction and responsibility of an anesthesiologist permitted under this Code section."

SECTION 2. Said title is further amended by adding a new Code section to Article 1 of Chapter 11, relating to general provisions relative to dentists, dental hygienists, and dental assistants, to read as follows:
"43-11-23. (a) A dental assistant or licensed dental hygienist performing phlebotomy and venipuncture procedures shall be required to complete board approved training in phlebotomy, intravenous access, infection control, the handling of any medical or dental emergencies associated with such procedures, and any other safety related topics required by the board. (b) A dental assistant or licensed dental hygienist assisting a licensed dentist during the lawful administration of conscious sedation under Code Section 43-11-21 or general anesthesia under Code Section 43-11-21.1 shall complete board approved training on the applicable procedures, protocols, patient monitoring techniques, equipment, and any other safety related topics required by the board. A dental assistant or licensed dental hygienist performing phlebotomy and venipuncture procedures while assisting the supervising dentist pursuant to this subsection shall also complete the training requirements contained in subsection (a) of this Code section. (c) The procedures authorized in subsections (a) and (b) of this Code section shall only be performed under the direct supervision of a licensed dentist. (d) A licensed dentist shall not delegate to a dental assistant or a dental hygienist the administration of any medication or drugs given to a patient through phlebotomy and venipuncture procedures."

SECTION 3. Said title is further amended in Article 2 of Chapter 34, relating to the "Medical Practice Act of the State of Georgia," by adding a new Code section to read as follows:
"43-34-47. (a) As used in this Code section, the term:
(1) 'Deep sedation/analgesia' means a drug-induced depression of consciousness during which the patient cannot be easily aroused but can respond purposefully following repeated or painful stimulation. (2) 'General anesthesia' means a state of unconsciousness intentionally produced by anesthetic agents, with absence of pain sensation over the entire body, in which the patient's protective airway reflexes may be impaired and the patient may be unable to maintain a patent natural airway. Sedation that progresses to the point at which the patient's protective airway reflexes are impaired and the patient is unable to maintain a patent natural airway is considered general anesthesia.

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(3) 'Medispa' means a facility that offers a range of services for the purpose of improving an individual's well-being or appearance, including medical and surgical procedures such as liposuction, laser procedures, intense pulsed light, and injection of cosmetic filling agents and neurotoxins, in a nontraditional setting. (4) 'Minimal sedation' means a drug-induced state during which the patient responds normally to verbal commands. (5) 'Moderate sedation/analgesia' means a drug-induced depression of consciousness during which the patient responds purposefully to verbal commands, either alone or accompanied by tactile stimulation. (6) 'Office based surgery' means any surgery or invasive medical procedure requiring sedation, when performed in a location other than a hospital, hospital associated surgical center, or an ambulatory surgical facility, including, but not limited to, physicians' offices and medispas. (7) 'Rescue' means an intervention by a practitioner proficient in airway management and advanced life support to correct adverse physiologic consequences of the deeper-than-intended level of sedation and to return the patient to the originally intended level of sedation. (8) 'Sedation' means minimal sedation, moderate sedation/analgesia, deep sedation/analgesia, or general anesthesia. This term shall not include local infiltration. (b) No later than December 31, 2021, the board shall establish rules and regulations for the administration of sedation and rescue in office based surgeries to establish consistent standards, ensure continuing competency, and promote patient safety. Such rules and regulations shall include requirements on: (1) A properly equipped and maintained facility to ensure patient safety, which may be demonstrated by appropriate accreditation or certification; (2) Competency of the physician using sedation in the absence of an anesthesiologist or certified registered nurse anesthetist, including education and relevant training; (3) Sedation assessment and management; (4) Separation of surgical and sedation monitoring functions; (5) Emergency care and transfer protocols in the event of a complication or emergency; (6) Maintenance of complete and accurate medical records relating specifically to the sedation of the patient; (7) Appropriate training and education in the safe and effective performance of all office based surgical procedures performed; (8) Reporting of adverse events to the board; and (9) Truth in advertising regarding the credentials, education, and training of the individuals administering sedation. (c) Any physician administering sedation during office based surgery shall be subject to the rules and regulations established by the board pursuant to this Code section. (d) Except as otherwise provided in subsection (e) of this Code section, any person who administers sedation during office based surgery in this state without a license to practice

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medicine from the board shall be deemed to be engaged in the unlawful practice of medicine and subject to the provisions of Code Sections 43-34-39 and 43-34-42.
(e)(1) Nothing in this Code section shall be construed to prevent a dentist licensed in this state with a permit issued by the Georgia Board of Dentistry pursuant to Code Section 43-11-21 from administering conscious sedation in a dental facility or during the practice of dentistry in a medispa or to deem a dentist licensed in this state to be engaged in the unlawful practice of medicine. (2) Nothing in this Code section shall be construed to prevent a certified registered nurse anesthetist licensed in this state from administering conscious sedation or anesthesia pursuant to Code Section 43-26-11.1, subsection (h) of Code Section 43-11-21, or paragraph (2) of subsection (d) of Code Section 43-11-21.1 or to deem a certified registered nurse anesthetist licensed in this state to be engaged in the unlawful practice of medicine. (3) Nothing in this Code section shall be construed to prevent a physician assistant licensed in this state who has completed a board approved anesthesiologist assistant program from administering conscious sedation or anesthesia or to deem such physician assistant to be engaged in the unlawful practice of medicine."

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

Approved May 10, 2021.

__________

LABOR AND INDUSTRIAL RELATIONS DEPARTMENT OF LABOR; PROVIDES FOR SERVICE OF LEGAL DOCUMENTS UPON DEPARTMENT; REVISES POWERS AND DUTIES OF COMMISSIONER.

No. 289 (House Bill No. 532).

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 relating the Department of Labor and employment security; to provide for service of certain documents; to change certain provisions relating to the powers and duties of the Commissioner of Labor; to change certain provisions relating to eligibility requirements for extended benefits; 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 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by adding a new Code section to read as follows:
"34-2-16. Unless otherwise provided by law, all legal documents to be served on the Commissioner of Labor or the Department of Labor shall be served at Georgia Department of Labor, Legal Section, Suite 600, 148 Andrew Young International Boulevard, N.E., Atlanta, Georgia 30303-1751:
(1) By certified mail or statutory overnight delivery, return receipt requested; (2) By hand delivery; or (3) In a manner prescribed by law for service of process."

SECTION 2. Said title is further amended by revising subsection (i) of Code Section 34-8-70, relating to duties and powers of Commissioner, 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; (C) Waive charges to employers for benefits paid; (D) Expedite the processing of claims; and (E) Waive work search reporting requirements, except when such waiver would create a conformity issue with federal law. (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."

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SECTION 3. Said title is further amended by revising Code Section 34-8-197, relating to eligibility requirements for extended benefits, as follows:
"34-8-197. (a) Definitions. As used in this Code section, the term:
(1) 'Eligibility period' of an individual means the period consisting of the weeks in his or her benefit year which begin in an extended benefit period. (2) 'Exhaustee' means an individual who, with respect to any week of unemployment in his or her eligibility period:
(A) Has received, prior to such week, all of the regular benefits that were available to him or her under this chapter or any other state law, including dependents' allowances and benefits payable to federal civilian employees and ex-service personnel under 5 U.S.C. Chapter 85, in his or her current benefit year that includes such week, provided that for the purposes of this subparagraph an individual shall be deemed to have received all of the regular benefits that were available to him or her, although, as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in his or her benefit year, he or she may subsequently be determined to be entitled to added regular benefits; (B) His or her benefit year having expired prior to such week, has no or insufficient wages on the basis of which he or she could establish a new benefit year that would include such week; and
(C)(i) Has no right to unemployment benefits or allowances under the Railroad Unemployment Insurance Act and such other federal laws as are specified in regulations issued by the United States secretary of labor. (ii) Has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada; but if he or she is seeking such benefits and the appropriate agency finally determines that he or she is not entitled to benefits under such law, he or she is considered an exhaustee. (3)(A) 'Extended benefit period' means a period which: (i) Begins with the third week after a week for which there is a state 'on' indicator; and (ii) Ends with either of the following weeks, whichever occurs later:
(I) The third week after the first week for which there is a state 'off' indicator; or (II) The thirteenth consecutive week of such period. However, no extended benefit period may begin by reason of a state 'on' indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this state. With respect to determining whether the state is in an extended benefit period beginning on November 1, 2020, through December 31, 2021, the requirement that no extended benefit period may begin before the fourteenth week following the end of a prior extended benefit period which was in effect shall be disregarded.

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(B) There is a state 'on' indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment under the state law for the period equaled or exceeded 120 percent of the average of such rates for the corresponding 13 week period ending in each of the preceding two calendar years and equaled or exceeded 5 percent. (C) For weeks of unemployment ending four weeks prior to the last week for which 100 percent federal funding is authorized under the Federal-State Extended Unemployment Compensation Act of 1970, as amended, there is a state 'on' indicator for a week if:
(i) The average rate of total unemployment, 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 6 1/2 percent; and (ii) The average rate of total unemployment in this state, seasonally adjusted, as determined by the United States secretary of labor, for the three-month period referred to in division (i) of this subparagraph, equals or exceeds 110 percent of such average for any or all of the corresponding three-month periods ending in the two preceding calendar years. (D) There is a state 'off' indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, none of the options specified in subparagraphs (B) and (C) of this paragraph result in an 'on' indicator. (4) 'Rate of insured unemployment,' for purposes of paragraph (3) of this subsection, means the percentage derived by dividing: (A) The average weekly number of individuals filing claims in this state, not including individuals filing claims for extended benefits or regular benefits claimed by federal civilian employees and ex-service personnel, for weeks of unemployment with respect to the most recent 13 consecutive week period, as determined by the Commissioner on the basis of the Commissioner's reports to the United States secretary of labor; by (B) The average monthly employment covered under this chapter for the first four of the most recent six completed calendar quarters ending before the end of such 13 week period. (5) 'Regular benefits' means benefits payable to an individual under this chapter or under any other state law, including benefits payable to federal civilian employees and to ex-service personnel pursuant to 5 U.S.C. Chapter 85, other than extended benefits. (6) 'State law' means the unemployment insurance law of any state approved by the United States secretary of labor under Section 3304 of the Internal Revenue Code. (7) 'Suitable work' means, with respect to any individual, any work which is within such individual's capabilities, provided that, if the individual furnishes evidence satisfactory to the Commissioner that such individual's prospects for obtaining work in the customary occupation of such individual within a reasonably short period are good, the

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determination of whether any work is suitable work with respect to such individual shall be made in accordance with this chapter. (b) Applicability of provisions as to regular benefits to claims for and payment of extended benefits. Except when the result would be inconsistent with the other provisions of this Code section, as provided in the regulations of the Commissioner, the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits. To establish entitlement to extended benefits, an individual must have been paid in at least two quarters of the base period and total wages in the base period must equal or exceed 150 percent of the highest quarter base period wages. The alternative computation for entitlement as required by Code Section 34-8-193 shall not apply to extended benefits. (c) Eligibility requirements for extended benefits. An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the eligibility period of the individual only if the Commissioner finds that with respect to such week: (1) He or she is an 'exhaustee' as defined in paragraph (2) of subsection (a) of this Code section; and (2) He or she has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits; provided, however, that the total extended benefits otherwise payable to an individual who has filed an interstate claim under the interstate benefit payment plan shall not exceed two weeks whenever an extended benefit period is not in effect for such week in the state where the claim is filed; provided, further, that if an individual has been disqualified in his or her most recent benefit year or on his or her extended benefit claim, only those who are required to return to work and to earn additional insured wages in employment in order to terminate this disqualification and who satisfy this requirement shall be eligible to receive extended benefits; provided, further, that if the benefit year of a claimant ends within an extended benefit period, the number of weeks of extended benefits that such claimant would be entitled to in that extended benefit period, but for this subsection, shall be reduced, but not below zero, by the number of weeks for which the claimant was entitled to trade readjustment allowances during such benefit year. For purposes of this subsection, the terms 'benefit year' and 'extended benefit period' shall have the same respective meanings. (d) Weekly extended benefit amount. The weekly extended benefit amount payable to an individual for a week of total unemployment in the eligibility period of such individual shall be an amount equal to the weekly benefit amount payable to him or her during his or her applicable benefit year. (e) Total extended benefit amount. Except as provided in subsection (l) of this Code section, the total extended benefit amount payable to any eligible individual with respect to his or her applicable benefit year shall be the least of the following amounts: (1) Fifty percent of the total amount of regular benefits which were payable to him or her under this chapter in his or her applicable benefit year;

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(2) Thirteen times his or her weekly benefit amount which was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year; or (3) Thirty-nine times the individual's weekly benefit amount which was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits which were paid or deemed paid to him or her under this chapter with respect to the benefit year. (f) Notice as to beginning and termination of extended benefit period. Whenever an extended benefit period is to become effective in this state as a result of the state 'on' indicator or whenever an extended benefit period is to be terminated in this state as a result of the state 'off' indicator, the Commissioner shall make an appropriate announcement. (g) Computations. Computations required by paragraph (4) of subsection (a) of this Code section shall be made by the Commissioner in accordance with regulations prescribed by the United States secretary of labor. (h) Nonpayment of extended benefits for failure to seek or accept work. Notwithstanding other provisions of this Code section, payment of extended benefits under this Code section shall not be made to any individual for any week of unemployment in his or her eligibility period during which he or she fails: (1) To accept any offer of suitable work or fails to apply for any suitable work to which he or she was referred by the State Employment Service; or (2) To engage actively in seeking work. For the purposes of this paragraph, an individual shall be treated as actively engaged in seeking work during any week if:
(A) The individual has engaged in a systematic and sustained effort to obtain work during such week; and (B) The individual provides tangible evidence to the satisfaction of the Commissioner that he or she has engaged in such an effort during such week. (i) Period of nonpayment for extended benefits. If any individual is ineligible for extended benefits for any week by reason of a failure described in paragraph (1) or (2) of subsection (h) of this Code section, the individual shall be ineligible to receive extended benefits for any week which begins during a period which: (1) Begins with the week following the week in which such failure occurs; and (2) Does not end until such individual has been employed during at least four weeks which begin after such failure and for which the total of the remuneration in insured wages for services in employment earned by the individual for being so employed is not less than the product of four multiplied by the individual's weekly benefit amount for his or her benefit year. (j) Exceptions to subsection (h) of this Code section. No individual shall be denied extended benefits under paragraph (1) of subsection (h) of this Code section for any week by reason of a failure to accept an offer of or apply for suitable work: (1) If the gross average weekly remuneration payable to such individual for the position does not exceed the sum of: (A) The individual's weekly benefit amount for such individual's benefit year; and

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(B) The amount, if any, of supplemental unemployment compensation benefits, as defined in Code Section 34-8-45, payable to such individual for such week; (2) If the position was not offered to such individual in writing and was not listed with the State Employment Service; (3) If such failure would not result in a denial of benefits under this chapter to the extent that such provisions are not inconsistent with paragraph (7) of subsection (a) of this Code section and the provisions of subsection (h) of this Code section which relate to individuals actively engaged in seeking work; or (4) If the position pays wages less than the higher of: (A) The minimum wage provided by Section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemption; or (B) The Georgia minimum wage. (k) Referral of claimants to suitable work. A claimant for extended benefits shall be referred to any suitable work as provided for in paragraph (7) of subsection (a) of this Code section which is not excluded by subsection (j) of this Code section. (l) Effective with respect to weeks beginning in a high-unemployment period, the total extended benefit amount payable to an eligible individual with respect to the applicable benefit year shall be the least of the following amounts: (1) Eighty percent of the total amount of regular benefits that were payable to the individual pursuant to this chapter in the individual's applicable benefit year; (2) Twenty times the individual's weekly benefit amount that was payable to the individual pursuant to this chapter for a week of total unemployment in the applicable benefit year; or (3) Forty-six times the individual's weekly benefit amount which was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits which were paid or deemed paid to him or her under this chapter with respect to the benefit year. (m) For purposes of subsection (l) of this Code section, 'high-unemployment period' means a period during which an extended benefit period would be in effect if subparagraph (a)(3)(C) of this Code section were applied by substituting '8 percent' for '6 1/2 percent.' (n) Subsections (l) and (m) of this Code section shall apply through the week ending four weeks prior to the last week for which 100 percent federal funding is authorized under the Federal-State Extended Unemployment Compensation Act of 1970, as amended."

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

Approved May 10, 2021.

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CONSERVATION AND NATURAL RESOURCES DOMESTIC RELATIONS GAME AND FISH GENERAL ASSEMBLY HEALTH MOTOR VEHICLES
AND TRAFFIC PUBLIC OFFICERS AND EMPLOYEES REVENUE AND TAXATION SOCIAL SERVICES ESTABLISHMENT OR REVISION OF
CERTAIN TRUST FUNDS AS FUNDS WITHIN STATE TREASURY; DEDICATE PROCEEDS OF CERTAIN FEES AND TAXES TO SUCH FUNDS.

No. 290 (House Bill No. 511). AN ACT

To amend Titles 12, 19, 27, 28, 31, 40, 45, 48, and 49 of the Official Code of Georgia Annotated, relating to conservation and natural resources, domestic relations, game and fish, General Assembly, health, motor vehicles and traffic, public officers and employees, revenue and taxation, and social services, respectively, so as to provide for the establishment or revision of the Georgia Outdoor Stewardship Trust Fund, Solid Waste Trust Fund, Hazardous Waste Trust Fund, State Children's Trust Fund, Wildlife Endowment Trust Fund, Trauma Care Network Trust Fund, Transportation Trust Fund, Georgia Agricultural Trust Fund, Fireworks Trust Fund, and Georgia Transit Trust Fund as funds within the state treasury; to dedicate the proceeds of certain fees and taxes to such funds as authorized and subject to the conditions imposed by Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia; to provide for annual appropriations and reporting; to provide for fiscal dedication analyses to be completed for each bill that dedicates funds pursuant to certain constitutional authority; to repeal and reserve certain provisions; to provide for compliance with constitutional 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. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by revising Code Section 12-6A-5, relating to the establishment of the Georgia Outdoor Stewardship Trust Fund, as follows:
"12-6A-5. (a) There is established the Georgia Outdoor Stewardship Trust Fund as a separate fund in the state treasury. Except as provided in subsections (c) and (d) of this Code section, the General Assembly shall appropriate to the trust fund 40 percent of all moneys received by the state from the sales and use tax collected by establishments classified under the 2007 North American Industry Classification Code 451110, sporting goods stores, in the most recently completed fiscal year.

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(b) Such funds shall not lapse to the general fund. Such funds shall be used to support the protection and conservation of land and shall be used to supplement, not supplant, department resources.
(c)(1) In the event that, in any current fiscal year, the most recently completed fiscal year's total moneys received from the levy of a sales and use tax fall at least 1 percent below the total moneys received from the levy of the tax in the year prior to the most recently completed fiscal year, then the amount that the General Assembly shall appropriate to the trust fund for the following fiscal year shall be reduced by 20 percent. (2) In the event that, in a fiscal year following the fiscal year of an initial trust fund appropriation reduction pursuant to paragraph (1) of this subsection, the most recently completed fiscal year's total moneys received from the levy of a sales and use tax fall at least 1 percent below the total moneys received from the levy of the tax in the year prior to the most recently completed fiscal year, then the amount that the General Assembly shall appropriate to the trust fund for the following fiscal year shall be reduced by 50 percent. (d) In any current fiscal year following a year for which the amount appropriated to the trust fund is reduced in accordance with subsection (c) of this Code section, the same percentage reduction shall continue unless the total moneys received from the levy of the sales and use tax in the most recently completed fiscal year equal or exceed the total moneys received from the levy of the sales and use tax in the most recent fiscal year in which no reduction in the amount appropriated to the trust fund occurred pursuant to subsection (c) or (d) of this Code section."

SECTION 2. Said title is further amended by revising Code Section 12-8-27.1, relating to the solid waste trust fund, as follows:
"12-8-27.1. (a)(1) The state treasurer shall establish a separate trust fund in the state treasury that shall be known as the Solid Waste Trust Fund to which all funds within the solid waste trust fund previously established by this subsection shall be transferred. The director shall serve as trustee of the Solid Waste Trust Fund. (2) The state treasurer shall invest the money held in the Solid Waste Trust Fund in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50. Interest earned by the money held in the trust fund shall be accounted for separately and shall be credited to the trust fund to be disbursed as other moneys in the trust fund.
(b) Under the authority granted and subject to the conditions imposed by Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, for the period beginning on July 1, 2022, and ending on June 30, 2032, all of the money collected pursuant to subsection (h) of Code Section 12-8-40.1 shall be annually appropriated to the Solid Waste Trust Fund established by subsection (a) of this Code section and such funds shall not lapse

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as otherwise required by Article III, Section IX, Paragraph IV(c) of the Constitution of Georgia. Each annual appropriation shall be made through the General Appropriations Act and shall include all of the money collected from such source during the most recently completed fiscal year. (c) All of the money appropriated to the Solid Waste Trust Fund pursuant to subsection (b) of this Code section shall be dedicated for use only for the following purposes:
(1) To take whatever emergency action is necessary or appropriate to assure that the public health or safety is not threatened whenever there is a release or substantial threat of a release of contaminants from a disposal facility; (2) To take preventive or corrective actions where the release of contaminants presents an actual or potential threat to human health or the environment and where the owner or operator has not been identified or is unable or unwilling to perform corrective action, including but not limited to closure and postclosure care of a disposal facility and provisions for providing alternative water supplies; (3) To take such actions as may be necessary to monitor and provide postclosure care of any disposal facility, including preventive and corrective actions, without regard to the identity or solvency of the owner thereof, commencing five years after the date of completing closure; (4) To take such actions as may be necessary to implement the provisions of a scrap tire management program in this state, particularly as may be related to the cleanup of scrap tire disposal piles and facilities, regulation of tire carriers and other handlers, and disbursement of grants and loans to cities, counties, and other persons as may be necessary to implement fully the provisions of this part; and (5) To fulfill any purpose provided in subsection (c) of Code Section 12-8-37.1. (d) The director shall prepare an accounting of the funds expended pursuant to this Code section during the most recently completed fiscal year to be provided to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office by January 1 of each year. (e)(1) If the director determines that a solid waste or special solid waste handling facility has been abandoned, that the owner or operator thereof has become insolvent, or that for any other reason there is a demonstrated unwillingness or inability of the owner or operator to maintain, operate, or close the facility, to carry out postclosure care of the facility, or to carry out corrective action required as a condition of a permit to the satisfaction of the director, the director may implement the applicable financial responsibility mechanisms. The proceeds from any applicable financial responsibility mechanisms shall be deposited into the Solid Waste Trust fund. (2) The determination of whether there has been an abandonment, default, or other refusal or inability to perform and comply with closure, postclosure, or corrective action requirements shall be made by the director."

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SECTION 3. Said title is further amended by revising Code Section 12-8-37.1, relating to state grants relative to solid waste management, as follows:
"12-8-37.1. (a) The state is authorized to make grants, as funds are available, to any county, municipality, or any combination of the same, or to any public authority, agency, commission, or institution, to assist such governmental or public body in the construction of solid waste handling systems which are consistent with local and regional solid waste management plans prepared in accordance with the requirements of this part. (b) The director shall administer all funds granted by the state pursuant to this Code section. (c) The corpus of the Solid Waste Trust Fund established in Code Section 12-8-27.1 may be used to make grants and loans to cities and counties, any combination of cities and counties, authorities, state agencies, or the Georgia Recycling Market Development Council for the cleanup of solid waste disposal facilities, including those used for the disposal of scrap tires; for the development and implementation of solid waste enforcement programs for the prevention and abatement of illegal dumping of solid waste, including without limitation the prevention and abatement of litter; for the funding of grants or loans, in accordance with procedures developed by the division; for the implementation of innovative technologies for the recycling and reuse of solid waste, including without limitation scrap tires; and for educational and other efforts to promote waste reduction, recycling, and recycling market development."

SECTION 4. Said title is further amended by revising subsections (e), (f), and (g) of Code Section 12-8-39, relating to cost reimbursement fees, surcharges, exempt contracts, and reporting, as follows:
"(e) 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 receive a credit toward the surcharge listed above per ton of material recycled at the facility. (f) Reserved. (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, 2032. The director shall make an annual report to the House Committee on

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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 5. Said title is further amended in Code Section 12-8-40.1, relating to tire disposal restrictions and fees, by revising subsection (h) 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. (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, 2032. The director shall make an annual report to the House Committee on Natural Resources and Environment and the Senate Natural Resources and the Environment Committee regarding the status of the activities funded by the Solid Waste Trust Fund."

SECTION 6. Said title is further amended by revising subsection (b) of Code Section 12-8-91, relating to declaration of policy and legislative intent, as follows:
"(b) The General Assembly declares its intent to fund the execution of the public policy set forth in subsection (a) of this Code section by and through the Hazardous Waste Trust Fund established by Code Section 12-8-95."

SECTION 7. Said title is further amended by revising subsections (a) and (b) of Code Section 12-8-95, relating to the hazardous waste trust fund, and adding a new subsection to read as follows:

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"(a)(1) The state treasurer shall establish a separate trust fund in the state treasury that shall be known as the Hazardous Waste Trust Fund to which all funds within the hazardous waste trust fund previously established by this subsection shall be transferred. The director shall serve as trustee of the Hazardous Waste Trust Fund. (2) The state treasurer shall invest the money held in the Hazardous Waste Trust Fund in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50. Interest earned by the money held in the trust fund shall be accounted for separately and shall be credited to the trust fund to be disbursed as other moneys in the trust fund. (a.1) Under the authority granted and subject to the conditions imposed by Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, for the period beginning on July 1, 2022, and ending on June 30, 2032, all of the money collected pursuant to subsection (e) of Code Section 12-8-39 shall be annually appropriated to the Hazardous Waste Trust Fund established by subsection (a) of this Code section and such funds shall not lapse as otherwise required by Article III, Section IX, Paragraph IV(c) of the Constitution of Georgia. Each annual appropriation shall be made through the General Appropriations Act and shall include all of the money collected from such source during the most recently completed fiscal year. (b) All of the money appropriated to the Hazardous Waste Trust Fund pursuant to subsection (a.1) of this Code section shall be dedicated for use only for the following purposes expended by the director as follows: (1) For activities associated with the investigation, detoxification, removal, and disposal of any hazardous wastes, hazardous constituents, or hazardous substances at sites where corrective action is necessary to mitigate a present or future danger to human health or the environment; (2) For emergency actions the director considers necessary to protect public health, safety, or the environment whenever there is a release of hazardous wastes, hazardous constituents, or hazardous substances; (3) For activities of the division associated with the administration of this part, including reviewing and overseeing investigations, corrective action, and other actions by federal agencies required under this article and supporting the reduction of hazardous waste and pollution prevention activities by federal agencies; (4) In accordance with rules promulgated by the board, for financing of the state and local share of the costs associated with the investigation, remediation, and postclosure care and maintenance of sites placed on the National Priority List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, or sites placed on the hazardous site inventory pursuant to Code Section 12-8-97; provided, however, that the director shall ensure that beginning July 1, 2003, and annually in each following year, an amount equal to at least one-half of the sum of annual collections made pursuant to subsection (e) of Code Section 12-8-39 shall be available to be used for the purposes of this paragraph; provided, further, that if

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a county or municipal corporation has been or is the owner of or operator of such site, not less than $500,000.00 of such costs shall be paid from the Hazardous Waste Trust Fund; and (5) For activities administered by the director associated with pollution prevention, including reduction of hazardous wastes generated in this state. (b.1) The director shall prepare an accounting of the funds expended pursuant to this Code section during the most recently completed fiscal year to be provided to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office by January 1 of each year."

SECTION 8. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by revising Code Section 19-14-20, relating to the creation of the State Children's Trust Fund, as follows:
"19-14-20. (a)(1) The State Children's Trust Fund is created as a separate fund in the state treasury. The director of the Division of Family and Children Services of the Department of Human Services shall be the trustee of the fund. (2) The state treasurer shall invest the money held in the State Children's Trust Fund in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50. Interest earned by the money held in the trust fund shall be accounted for separately and shall be credited to the trust fund to be disbursed as other moneys in the trust fund.
(b) Under the authority granted and subject to the conditions imposed by Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, for the period beginning on July 1, 2022, and ending on June 30, 2032, all of the money collected pursuant to Code Sections 15-6-77.4 and 15-9-60 shall be annually appropriated to the State Children's Trust Fund established by subsection (a) of this Code section and such funds shall not lapse as otherwise required by Article III, Section IX, Paragraph IV(c) of the Constitution of Georgia. Each annual appropriation shall be made through the General Appropriations Act and shall include all of the money collected from such sources during the most recently completed fiscal year. (c) The State Children's Trust Fund may accept federal funds granted by Congress or executive order for the purposes of the fund as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available. All funds received in the manner described in this subsection shall be transmitted to the state treasurer for deposit in the fund to be disbursed as other moneys in such fund. (d) All of the money appropriated to the State Children's Trust Fund pursuant to subsection (b) of this Code section shall be dedicated for use and expended by the director

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of the Division of Family and Children Services of the Department of Human Services only for the following purposes:
(1) To carry out the prevention and community based service programs as provided for in Part 2 of Article 6 of Chapter 5 of Title 49; (2) To carry out the duties relating to mentoring as provided for in Part 3 of Article 6 of Chapter 5 of Title 49; (3) To cooperate with and secure cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this article; (4) To prepare, publish in print or electronically, and disseminate fundamental child related information of a descriptive and analytical nature to all components of the children's service system of this state, including, but not limited to, the juvenile justice system; (5) To serve as a state-wide clearing-house for child related information and research; (6) In coordination and cooperation with all components of the children's service systems of this state, to develop legislative proposals and executive policy proposals reflective of the priorities of the entire child related systems of this state, including, but not limited to, child abuse injury prevention, treatment, and juvenile justice systems; (7) To serve in an advisory capacity to the Governor on issues impacting the children's service systems of this state; (8) To coordinate high visibility child related research projects and studies with a state-wide impact when those studies and projects cross traditional system component lines; (9) To provide for the interaction, communication, and coordination of all components of the children's service systems of this state and to provide assistance in establishing state-wide goals and standards in the system; (10) To provide for the effective coordination and communication between providers of children and youth services, including pediatrics, health, mental health, business and industry, and all components of social services, education, and educational services; (11) To encourage and facilitate the establishment of local commissions or coalitions on children and youth and to facilitate the involvement of communities in providing services for children and youth; (12) To review and develop an integrated state plan for services provided to children and youth in this state through state programs; (13) To provide technical assistance and consultation to local governments, particularly those involved in providing services to children and youth; (14) To facilitate elimination of unnecessary or duplicative efforts, programs, and services; and (15) To do any and all things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authority granted to it.

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(e) The director of the Division of Family and Children Services of the Department of Human Services shall prepare an accounting of the funds expended pursuant to this Code section during the most recently completed fiscal year to be provided to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office by January 1 of each year."

SECTION 9. Said article is further amended by repealing Code Sections 19-14-21, 19-14-22, and 19-14-23, relating to source of funds, investments and interest, and issuance of warrants, respectively.

SECTION 10. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by revising Code Section 27-2-30, relating to establishment of the Wildlife Endowment Fund and limitations on expenditures from the fund, by revising subsections (b) and (c) and adding new subsections to read as follows:
"(b)(1) In recognition of its obligations to lifetime sportsman's license purchasers, the General Assembly directs the state treasurer to establish the Wildlife Endowment Trust Fund as a separate fund in the state treasury and all funds held in the Wildlife Endowment Fund previously established by this Code section shall be transferred to the Wildlife Endowment Trust Fund. (2) The state treasurer shall invest the money held in the Wildlife Endowment Trust Fund in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50. Interest earned by the money held in the trust fund shall be accounted for separately and shall be credited to the trust fund to be disbursed as other moneys in the trust fund. The fund is authorized to accept donations from private individuals and entities. (c) Under the authority granted and subject to the conditions imposed by Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, for the period beginning on July 1, 2022, and ending on June 30, 2032, all of the money collected pursuant to subsection (d) of Code Section 27-2-3.1 shall be annually appropriated to the Wildlife Endowment Trust Fund established by subsection (b) of this Code section and such funds shall not lapse as otherwise required by Article III, Section IX, Paragraph IV(c) of the Constitution of Georgia. Each annual appropriation shall be made through the General Appropriations Act and shall include all of the money collected from such source during the most recently completed fiscal year. (c.1) The commissioner of natural resources shall be the trustee of the Wildlife Endowment Trust Fund with full authority over the administration of the fund. (c.2) All of the money appropriated to the Wildlife Endowment Trust Fund pursuant to subsection (c) of this Code section shall be dedicated for use and expended by the

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commissioner of natural resources for the purposes provided in subsection (d) of this Code section. (c.3) The commissioner of natural resources shall prepare an accounting of the funds expended pursuant to this Code section during the most recently completed fiscal year to be provided to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office by January 1 of each year."

SECTION 11. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended in Article 3 of Chapter 5, relating to fiscal bills generally, by adding a new Code section to read as follows:
"28-5-45. (a) Any bill that provides for the dedication of funds pursuant to Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia shall not be considered by the General Assembly without a fiscal dedication analysis attached to the bill, and in the case of a regular session, such a bill shall be introduced not later than the twentieth day of such regular session. Any such bill shall not carry over from one regular session to the next, but must be reintroduced with a new or revised fiscal dedication analysis.
(b)(1) A fiscal dedication analysis shall include a reliable estimate in dollars of the amount of revenue dedicated pursuant to the provisions of the bill, as well as a statement as to the immediate effect and, if determinable or reasonably foreseeable, the long-range effect of the measure. The fiscal dedication analysis shall also contain the total amount of funds presently dedicated pursuant to the authority granted by Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, the proportion of the total 1 percent imposed by such constitutional provision that the measure at issue would constitute, and the amount and proportion of the tota1 1 percent cap that would remain if the bill becomes law. The fiscal dedication analysis shall also contain a warning regarding any probable or immediately foreseeable conditions by which the bill may cause the 1 percent cap to be exceeded at any time during the period for which the bill is effective. (2) If, after careful investigation, it is determined that no dollar estimate is possible, the fiscal dedication analysis shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. In this event, the fiscal dedication analysis shall contain an example based on a specific situation or reflecting the average group of persons possibly affected by the bill so as to provide an indication of the cost of such bill to the General Assembly. Assumptions used to develop these averages shall be noted in the fiscal dedication analysis and the criteria included herein shall constitute a fiscal dedication analysis. (3) No comment or opinion regarding the merits of the measure for which the statement is prepared shall be included in the fiscal dedication analysis; however, technical or mechanical defects may be noted.

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(4) The state auditor and the director of the Office of Planning and Budget shall jointly prepare their fiscal dedication analysis; and, if there is a difference of opinion between such officials, it shall be noted in the fiscal dedication analysis. (c)(1) A member who intends to introduce a bill that requires a fiscal dedication analysis shall request a fiscal dedication analysis from the Office of Planning and Budget and the Department of Audits and Accounts by December 1 of the year preceding the annual convening of the General Assembly in which the bill is to be introduced, but subsequent to the preparation of such bill by the Office of Legislative Counsel. The director of the Office of Planning and Budget and the state auditor shall prepare and submit each such timely requested fiscal dedication analysis not later than the day of convening of the General Assembly. (2) During any regular or special session of the General Assembly, only the chairperson of a committee to which a particular bill is assigned may request a new or revised fiscal dedication analysis for a bill. In such cases, the director of the Office of Planning and Budget and the state auditor shall prepare and submit the fiscal dedication analysis within five days after receipt of the request or within ten days if the director of the Office of Planning and Budget and the state auditor submit a jointly signed notice of a necessary extension of time so informing the requester in writing and shall be allowed to submit said analysis not later than ten days after the request for it is made. (d) Each fiscal dedication analysis required by this Code section shall be attached to the bill by the chairperson of the committee to which the bill is assigned and shall be read to the members of each respective house of the General Assembly at the third reading of the bill. In addition, a copy of each fiscal dedication analysis or revision thereto required by this Code section shall be distributed to each member of the respective house of the General Assembly before which the bill is pending prior to any such bill being voted upon by such house of the General Assembly."

SECTION 12. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Code Section 31-11-103, relating to the Georgia Trauma Trust Fund, as follows:
"31-11-103. (a)(1) There shall be established a Trauma Care Network Trust Fund as a separate fund in the state treasury and all funds held in the Georgia Trauma Trust Fund previously established by this Code section shall be transferred to the Trauma Care Network Trust Fund. The executive director of the Georgia Trauma Care Network Commission shall serve as the trustee of the fund. The moneys deposited into such fund pursuant to this article may be expended by the executive director with the approval of the Georgia Trauma Care Network Commission for those purposes specified in Code Section 31-11-102. (2) The state treasurer shall invest the money held in the Trauma Care Network Trust Fund in the same manner in which state funds are invested as authorized by the State

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Depository Board pursuant to Article 3 of Chapter 17 of Title 50. Interest earned by the money held in the trust fund shall be accounted for separately and shall be credited to the trust fund to be disbursed as other moneys in the trust fund. (b)(1) Under the authority granted and subject to the conditions imposed by Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, for the period beginning on July 1, 2022, and ending on June 30, 2032, all of the money collected pursuant to Code Section 40-6-189 shall be annually appropriated to the Trauma Care Network Trust Fund, and such funds shall not lapse as otherwise required by Article III, Section IX, Paragraph IV(c) of the Constitution of Georgia. Each annual appropriation shall be made through the General Appropriations Act and shall include all of the money collected from such source during the most recently completed fiscal year. (2) All of the money appropriated to the Trauma Care Network Trust Fund pursuant to this subsection shall be dedicated for use and expended in accordance with the purposes specified in Code Section 31-11-102. (3) The executive director of the Georgia Trauma Care Network Commission shall prepare an accounting of the funds expended pursuant to this subsection during the most recently completed fiscal year to be provided to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office by January 1 of each year. (c) The Georgia Trauma Care Network Commission shall report annually no later than October 1 to the Office of Health Strategy and Coordination. Such report shall provide an update on state-wide trauma system development and the impact of fund distribution on trauma patient care and outcomes."

SECTION 13. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by repealing subsection (d) of Code Section 40-2-151.1, relating to highway impact fees for heavy vehicles and use of funds.

SECTION 14. Said title is further amended by adding a new Code section to read as follows:
"40-2-151.2. (a)(1) There shall be established a Transportation Trust Fund as a separate fund in the state treasury. The commissioner of transportation shall be the trustee of the fund. (2) The state treasurer shall invest the money held in the Transportation Trust Fund in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50. Interest earned by the money held in the trust fund shall be accounted for separately and shall be credited to the trust fund to be disbursed as other moneys in the trust fund.
(b) Under the authority granted and subject to the conditions imposed by Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, for the period beginning on

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July 1, 2022, and ending on June 30, 2032, all of the money collected pursuant to paragraph (19) of subsection (a) of Code Section 40-2-151, Code Section 40-2-151.1, and subsection (b) of Code Section 48-13-50.3 shall be annually appropriated to the Transportation Trust Fund established by this Code section and such funds shall not lapse as otherwise required by Article III, Section IX, Paragraph IV(c) of the Constitution of Georgia. Each annual appropriation shall be made through the General Appropriations Act and shall include all of the money collected from such sources during the most recently completed fiscal year. (c) All of the money appropriated to the Transportation Trust Fund pursuant to subsection (b) of this Code section shall be dedicated for use and expended by the commissioner of transportation for transportation purposes and transit projects as such terms are defined in Code Section 40-2-151.1. Not more than ten percent of the funds shall be expended on transit projects. (d) The commissioner of transportation shall prepare an accounting of the funds expended pursuant to this subsection during the most recently completed fiscal year to be provided to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office by January 1 of each year."

SECTION 15. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by repealing Code Section 45-12-92.2, relating to definitions, procedures involving solid waste disposal surcharge and tire disposal fees, conditions, and appropriation.

SECTION 16. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in subsection (d) of Code Section 48-8-3.3, relating to definitions, applicability, criteria for eligibility, rules and regulations, dealer performing both manufacturing and agricultural operations, exemption, audits, and annual report, by adding a new paragraph to read as follows:
"(5)(A) There shall be established a Georgia Agricultural Trust Fund as a separate fund in the state treasury. The Commissioner of Agriculture shall be the trustee of the fund. (B) The state treasurer shall invest the money held in the Georgia Agricultural Trust Fund in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50. Interest earned by the money held in the trust fund shall be accounted for separately and shall be credited to the trust fund to be disbursed as other moneys in the trust fund. The fund is authorized to accept donations from private individuals and entities. (C) Under the authority granted and subject to the conditions imposed by Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, for the period beginning on July 1, 2022, and ending on June 30, 2032, all of the money collected pursuant to paragraph (4) of this subsection shall be annually appropriated to the Georgia

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Agricultural Trust Fund established by subparagraph (A) of this paragraph and such funds shall not lapse as otherwise required by Article III, Section IX, Paragraph IV(c) of the Constitution of Georgia. Each annual appropriation shall be made through the General Appropriations Act and shall include all of the money collected from such source during the most recently completed fiscal year. (D) All of the money appropriated to the Georgia Agricultural Trust Fund pursuant to subparagraph (C) of this paragraph shall be dedicated for use and expended by the Commissioner of Agriculture for the purposes of marketing and promotion activities conducted by the Department of Agriculture in support of Georgia agricultural products and supporting the maintenance and operations of state farmers' markets. (E) The Commissioner of Agriculture shall prepare an accounting of the funds expended pursuant to this paragraph during the most recently completed fiscal year to be provided to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office by January 1 of each year."

SECTION 17. Said title is further amended by repealing subsection (e) of 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.

SECTION 18. Said title is further amended by revising subsection (b) of Code Section 48-13-131, relating to excise tax imposed, rate of taxation, allocation of moneys collected from tax on consumer fireworks to various purposes, and payment, as follows:
"(b)(1)(A) There shall be established a Fireworks Trust Fund as a separate fund in the state treasury. The commissioner shall be the trustee of the fund. (B) The state treasurer shall invest the money held in the Fireworks Trust Fund in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50. Interest earned by the money held in the trust fund shall be accounted for separately and shall be credited to the trust fund to be disbursed as other moneys in the trust fund. (2) Under the authority granted and subject to the conditions imposed by Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, for the period beginning on July 1, 2022, and ending on June 30, 2032, all of the money collected pursuant to subsection (a) of this Code section shall be annually appropriated to the Fireworks Trust Fund established by paragraph (1) of this subsection and such funds shall not lapse as otherwise required by Article III, Section IX, Paragraph IV(c) of the Constitution of Georgia. Each annual appropriation shall be made through the General Appropriations Act and shall include all of the money collected from such source during the most recently completed fiscal year.

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(3) All of the money appropriated to the Fireworks Trust Fund pursuant to paragraph (2) of this subsection shall be dedicated for use and expended as follows:
(A) The amount of 55 percent shall be provided to the Georgia Trauma Care Network Commission for purposes provided for under Code Section 31-11-102; (B) The amount of 40 percent shall be provided to the Georgia Firefighter Standards and Training Council to be exclusively used for the implementation of a grant program to improve the equipping and training of firefighters and to improve the rating of fire departments in this state by the Insurance Services Office; and (C) The amount of 5 percent shall be provided to local governments to be used solely for public safety purposes consisting of the operation of 9-1-1 systems under Part 4 of Article 2 of Chapter 5 of Title 46. The commissioner shall include such amount as a part of the 9-1-1 distribution made on or before October 15 of each year to such local governments. (4) The commissioner shall prepare an accounting of the funds expended pursuant to this subsection during the most recently completed fiscal year to be provided to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office by January 1 of each year."

SECTION 19. Said title is further amended by repealing subsections (c) and (d) of Code Section 48-13-141, relating to excise tax on for-hire ground transport, annual adjustment, and appropriation of proceeds for transit projects, and adding a new subsection to read as follows:
"(a.1)(1)(A) There shall be established a Georgia Transit Trust Fund as a separate fund in the state treasury. The commissioner of transportation shall be the trustee of the fund. (B) The state treasurer shall invest the money held in the Georgia Transit Trust Fund in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50. Interest earned by the money held in the trust fund shall be accounted for separately and shall be credited to the trust fund to be disbursed as other moneys in the trust fund. (2) Under the authority granted and subject to the conditions imposed by Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, for the period beginning on July 1, 2022, and ending on June 30, 2032, all of the money collected pursuant to subsection (a) of this Code section shall be annually appropriated to the Georgia Transit Trust Fund established by paragraph (1) of this subsection and such funds shall not lapse as otherwise required by Article III, Section IX, Paragraph IV(c) of the Constitution of Georgia. Each annual appropriation shall be made through the General Appropriations Act and shall include all of the money collected from such source during the most recently completed fiscal year.

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(3) All of the money appropriated to the Georgia Transit Trust Fund pursuant to paragraph (2) of this subsection shall be dedicated for use by one or more transit providers on transit projects. (3) The commissioner of transportation shall prepare an accounting of the funds expended pursuant to this subsection during the most recently completed fiscal year to be provided to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office by January 1 of each year."

SECTION 20. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by revising paragraph (4) of Code Section 49-5-131, relating to definitions relative to the Governor's Office for Children and Families, as follows:
"(4) 'Fund' means the State Children's Trust Fund created pursuant to Code Section 19-14-20."

SECTION 21. Said title is further amended by revising subsection (a) of Code Section 49-5-132, relating to the Governor's Office for Children and Families established, funding, and duties and responsibilities, as follows:
"(a) There is established the Governor's Office for Children and Families which shall be assigned to the Department of Human Services for administrative purposes."

SECTION 22. Said title is further amended by revising Code Section 49-5-135, relating to powers and duties of advisory board and the disbursement of appropriated moneys from fund, as follows:
"(b) The advisory board may make timely recommendations to the director of the Division of Family and Children Services of the Department of Human Services regarding the disbursement of available money from the State Children's Trust Fund after appropriation thereof to an entity or program eligible pursuant to the criteria of the office exclusively to fund a private nonprofit or public organization in the development or operation of a prevention program if all of the following conditions are met:
(1) The organization demonstrates broad based community involvement emphasizing volunteer efforts and demonstrates expertise in child abuse prevention issues; (2) The organization demonstrates a willingness and ability to provide program models and consultation to organizations and communities regarding program development and maintenance; and (3) Other conditions that the board may deem appropriate."

SECTION 23. In accordance with the requirements of Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, this Act shall not become law unless it receives the requisite

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two-thirds' majority vote in both the Senate and the House of Representatives and the amount of the funds dedicated by this Act do not equal or exceed 1 percent of the previous fiscal year's state revenues subject to appropriations.

SECTION 24. Except as provided for in Section 23 of this Act, this Act shall become effective on July 1, 2022.

SECTION 25. All laws and parts of laws in conflict with this Act are repealed.

Approved May 10, 2021.

__________

PROFESSIONS AND BUSINESSES REQUIREMENTS ON CERTAIN MEDICAL PROFESSIONALS RELATING TO PROFESSIONAL BOUNDARIES AND MISCONDUCT.

No. 291 (House Bill No. 458).

AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for requirements on certain medical professionals relating to professional boundaries and misconduct; to provide that continuing education requirements include legal ethics and professionalism in the practice of dentistry; to require certain training relating to sexual misconduct for members of the Georgia Composite Medical Board; to provide for the refusal, suspension, or revocation of the license of a physician who has committed a sexual assault on a patient; to require the completion of continuing education by physicians relating to sexual misconduct; to require the development and identification of educational resources and materials relating to sexual misconduct and the impacts of trauma for physicians, board members, and board staff; to require medical schools and osteopathic medical schools to provide training to medical students on sexual misconduct; to provide for mandatory reporting by health care providers who have actual knowledge that a physician has committed a sexual assault on a patient; to provide for limited liability; to provide for fines and disciplinary action; to provide for release of investigative records by law enforcement; to provide for annual reporting to the General Assembly of the number of physicians investigated or disciplined for the sexual assault of patients; 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:

SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in Code Section 43-11-46.1, relating to continuing education requirements and waivers for dentists, by adding a new subsection to read as follows:
"(e) On and after January 1, 2022, continuing education requirements for dentists shall include legal ethics and professionalism in the practice of dentistry, which shall include, but shall not be limited to, education and training regarding professional boundaries; unprofessional conduct relating to the commission of acts of sexual intimacy, abuse, misconduct, or exploitation with regard to the practice of dentistry; legislative updates and changes to the laws relating to the practice of dentistry and rules, policies, and advisory opinions and rulings issued by the board; professional conduct and ethics; proper billing practices; professional liability; and risk management."

SECTION 2. Said title is further amended in Code Section 43-34-2, relating to the creation of the Georgia Composite Medical Board, its members, physician assistants advisory committee, and review of qualifications, by revising subsection (g), which is reserved, as follows:
"(g) On and after January 1, 2022, all newly appointed board members shall be required to participate in training and education to support greater understanding of sexual misconduct, sexual boundaries, and impacts of trauma and implicit bias within three months of such appointment. All board members in office as of January 1, 2022, shall be required to participate in such training and education by March 30, 2022."

SECTION 3. Said title is further amended in Code Section 43-34-8, relating to the authority of the Georgia Composite Medical Board to refuse license, certificate, or permit or issue discipline, by adding a new paragraph to subsection (a) and a new subsection to read as follows:
"(15.1)(A) Pleaded guilty to committing a sexual assault on a patient; or (B) Been found guilty by a court of law of committing a sexual assault on a patient." "(a.2) Upon a finding by the board that the public health, safety, or welfare imperatively requires emergency action pursuant to an alleged sexual assault on a patient by a licensee, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action, which proceeding shall be promptly instituted and determined."

SECTION 4. Said title is further amended in Code Section 43-34-11, relating to continuing education requirements for physicians, by adding a new paragraph to subsection (a) to read as follows:

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"(6) On and after January 1, 2022, all physicians shall be required to receive one-time education and training, for a minimum of two hours, regarding professional boundaries and physician sexual misconduct. Such education and training shall include subject matter relating to how to proceed with basic as well as sensitive or intimate examinations and the communication with patients that is required as a component of such examinations. Such education and training shall be established by the board and shall be informed by members of the public, as best possible."

SECTION 5. Said title is further amended by adding a new Code section to Article 1, relating to the Georgia Composite Medical Board, to read as follows:
"43-34-14. No later than January 1, 2022, the board shall develop and identify educational resources and materials for physicians, board members, and board staff to support greater understanding of sexual misconduct, sexual boundaries, and impacts of trauma and implicit bias. Such information shall include resources and materials to help physicians develop better insight into their own behavior and its impacts on others. Resources and materials shall be developed and identified in collaboration with national medical boards associations, national medical associations, state physician health programs, state medical associations, hospital medical staffs, other organized physician groups, and medical schools and training programs."

SECTION 6. Said title is further amended in Code Section 43-34-26, relating to license requirement for persons engaged in practice of medicine, qualifications, evaluation program, and examinations, by revising subsection (a) as follows:
"(a)(1)(A) Any person who wishes to obtain the right to practice medicine in this state and who was not, prior to March 16, 1970, registered or licensed to practice medicine, either by the State Board of Medical Examiners or the State Board of Examiners in Osteopathy, shall, before it shall be lawful for him or her to practice medicine in this state, make application to the board through the executive director, upon such forms and in such manner as shall be adopted and prescribed by the board, and shall obtain from the board a license to practice medicine. Any person who practices medicine without first having obtained a license shall be deemed to have violated this article. All applicants for a license to practice medicine or for a renewal of any such license which has been revoked shall furnish the board with evidence of good moral character. Applications from candidates to practice medicine or surgery in any of its branches shall be accompanied by proof that the applicant is a graduate of some legally incorporated medical school or osteopathic medical school. (B) The board by rule or regulation may establish standards for evaluating, inspecting, and approving any medical school or osteopathic medical school. The evaluation

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procedure may include consideration of reports from any outside agency having expertise in medical school or osteopathic medical school evaluation; provided, however, that the board shall make the final decision on approval of medical schools and osteopathic medical schools. Nothing contained in this Code section shall prevent the approval of medical schools outside of the United States or the licensing of graduates of medical schools outside of the United States if such schools and their graduates comply with the standards established in this Code section and by rule of the board. (2) Each medical school or osteopathic medical school in good standing with the board shall have a minimum preliminary educational requirement of the completion of a two-year premedical college course. On and after June 30, 2022, each medical school or osteopathic medical school in good standing with the board shall include education and training regarding professional boundaries and physician sexual misconduct for its medical students. Such education and training shall include subject matter relating to how to proceed with basic as well as sensitive or intimate examinations and the communication with patients that is required as a component of such examinations. (3) Graduates of board approved medical schools or osteopathic medical schools and persons who graduated on or before July 1, 1985, from medical schools or osteopathic medical schools which are not approved by the board must complete one year of a postgraduate residency training program. Persons who graduated after July 1, 1985, from medical schools or osteopathic medical schools which are not approved by the board must complete three years of residency, fellowship, or other postgraduate medical training that is approved by the Accreditation Council for Graduate Medical Education (ACGME), the American Osteopathic Association (AOA), or the board to be eligible for a license to practice medicine in this state. Current certification of any applicant by a member board of the American Board of Medical Specialties may be considered by the board as evidence that such applicant's postgraduate medical training has satisfied the requirements of this paragraph. However, before any such person shall be eligible to receive a license to practice medicine in this state, he or she shall furnish the board with satisfactory evidence of attainments and qualifications under this Code section and the rules and regulations of the board. Nothing contained in this Code section shall be construed so as to require a person who has previously passed an examination given by the board for a license to practice medicine in this state to stand another examination. (4) If the applicant submits proof that he or she has had postgraduate training as required in paragraph (3) of this subsection and if he or she furnishes satisfactory evidence of qualifications under this article and the rules and regulations of the board, he or she shall be eligible to receive a license from the board giving him or her absolute authority to practice medicine in this state. (5) If the date of graduation from an institution mentioned in subparagraph (B) of paragraph (1) of this subsection is on or before January 1, 1967, no proof of postgraduate training in an approved hospital need be submitted to obtain a license from the board."

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SECTION 7. Said title is further amended by adding a new Code section to Article 2, relating to medical practice, to read as follows:
"43-34-47. (a) As used in this Code section, the term:
(1) 'Health care provider' means: (A) A physician; (B) A registered professional nurse or licensed practical nurse licensed as such under Chapter 26 of this title; or (C) A physician assistant licensed under Article 4 of this chapter.
(2) 'Sexual assault' shall have the same meaning as provided in Code Section 15-24-1. (b) A health care provider in this state shall report the name of a physician to the board if such health care provider has actual knowledge that such physician has committed sexual assault on a patient. A health care provider shall not be required to duplicate a report if such health care provider has knowledge that such report has been made to the board. A health care provider shall not be required to report a physician to the board under this Code section as a result of professional knowledge obtained in the course of the health care provider-patient relationship when the physician is the patient. (c) No health care provider required to report a physician to the board under this Code section who in good faith either reports or fails to report shall be subject to civil or criminal liability or discipline for unprofessional conduct for such action or inaction. (d) Any health care provider required to report a physician to the board under this Code section who knowingly and willfully fails to do so shall be subject to a fine of no less than $1,000.00 or greater than $5,000.00 as determined by such health care provider's respective licensing board and may be subject to other disciplinary action in such respective licensing board's discretion. (e) Law enforcement officers, when investigating cases of alleged sexual assaults on a patient by a physician, are authorized to send pertinent records on such cases to the board. Such records shall be confidential, not subject to Article 4 of Chapter 18 of Title 50, relating to open records, and shall not be disclosed without the approval of the board."

SECTION 8. Said title is further amended by revising Code Section 43-34A-9, relating to annual report pertaining to patient right to know, as follows:
"43-34A-9. (a) On January 1 of each year, the board shall compile a report for the Governor and General Assembly containing a statistical and comparative data analysis using information obtained from the physician profiles in addition to other information collected by the board. The board shall not be required to distribute copies of the report to the Governor or members of the General Assembly but shall provide notification of the availability of the report in the manner which it deems to be the most effective and efficient.

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(b) The report shall include, but shall not be limited to, the following information: (1) The number of physicians for which it has created physician profiles; (2) The specialty board certification of such physicians; (3) The geographic regions of the primary practices; (4) The number of physicians participating in the Medicaid program; (5) The number of physicians carrying any medical malpractice insurance and the specialty and current hospital privileges of the physicians not carrying such insurance and whether such physicians are actively seeing patients; and (6) The number of physicians on whom the board has conducted investigations for committing an act of sexual assault pursuant to paragraph (15.1) of subsection (a) of Code Section 43-34-8 or an act of sexual abuse, misconduct, or exploitation of a patient pursuant to paragraph (15) of subsection (a) of Code Section 43-34-8, and the outcome of the investigation which shall include whether the board refused, revoked, or suspended a license, or issued a private or public disciplinary order. In no event shall any identifying information be included in such report for any physician on whom the board conducted an investigation."

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

Approved May 10, 2021.

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FIRE PROTECTION AND SAFETY HEALTH PROFESSIONS AND BUSINESSES LICENSURE OF PERSONS PREVIOUSLY CONVICTED OF FELONY; AUTHORIZE CERTAIN PERSONS TO ADMINISTER VACCINES; TRAINING.

No. 292 (Senate Bill No. 46).

AN ACT

To amend Chapter 4 of Title 25 and Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to firefighter standards and training and health, respectively, so as to provide for licensure and certification of emergency medical services personnel, paramedics, and cardiac technicians previously convicted of a felony; to require random drug tests for certain firefighters, emergency medical services personnel, paramedics, and cardiac technicians; to authorize the Department of Public Health to release deidentified data from the Low THC Oil Patient Registry to government entities and other entities for

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research and other purposes; to authorize certain medical personnel to administer vaccines during public health emergencies under certain conditions; to provide for vaccination information to third parties under certain public health conditions; to amend Code Section 42-5-57 of the Official Code of Georgia Annotated, relating to institution of rehabilitation programs and provision of opportunities for educational, religious, and recreational activities, so as to provide for training for firefighters, emergency medical services personnel, paramedics, and cardiac technicians in institutions under the control of the Department of Corrections; to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice, so as to revise certain provisions relating to the administration of vaccines under vaccine protocol agreements; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to general provisions relative to firefighter standards and training, is amended in Code Section 25-4-8, relating to qualifications of firefighters generally, by revising subsection (a) as follows:
"(a) Except as provided in Code Section 25-4-12, any employee, volunteer, or private contractor of a fire department operating in this state or certified as a firefighter shall, as prescribed by the council:
(1) Be at least 18 years of age; (2) Not have been convicted of, or pleaded guilty to, a felony in any jurisdiction or of a crime which if committed in this state would constitute a felony under the laws of this state within ten years prior to employment, provided that a person who has been convicted of a felony more than five but less than ten years prior to employment may be certified and employed as a firefighter when the person has:
(A) Successfully completed a training program following the Georgia Fire Academy curriculum and sponsored by the Department of Corrections pursuant to Code Section 42-5-57; (B) Been recommended to a fire department by the proper authorities at the institution at which the training program was undertaken; and (C) Met all other requirements as set forth in this chapter. The council shall be the final authority with respect to authorizing the employment, appointment, and certification of a person who has been convicted of a felony more than five but less than ten years prior to seeking employment when the person is seeking employment as a firefighter for any municipal, county, or state fire department which employs three or more firefighters who work a minimum of 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, and

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enforcing municipal, county, and state codes, as well as enforcing any law pertaining to the prevention and control of fires; (3) Have a good moral character as determined by investigation under procedure approved by the council; (4) Be fingerprinted and a search made of local, state, and national fingerprint files to disclose any criminal record; (5) Be in good physical condition as determined by a medical examination and successfully pass the minimum physical agility requirements as established by the council; and (6) Possess or achieve within 12 months after employment a high school diploma or a general education development equivalency, provided that the council may by rule or regulation prescribe for the waiver of such requirement."

SECTION 2. Said chapter is further amended by adding a new Code section to read as follows:
"25-4-11.1. (a) All firefighters qualified based upon successful completion of training set forth in subparagraph (a)(2)(A) of Code Section 25-4-8 shall be subject to random testing for evidence of use of illegal drugs. Such testing shall occur at least biannually for the first two years of licensure or certification. Such testing shall be noninvasive and may be conducted at any time during the calendar year, and the cost of all such testing shall be borne by the employer. If the drug test shows the presence of drugs in the firefighter's system, the results of the test will be confirmed with an alternative method by using the same urine sample. (b) The council shall adopt rules and regulations for purposes of testing and retesting for illegal drugs, including:
(1) Which illegal drugs will be the subject of testing; (2) Methods for ensuring minimal privacy intrusions during collection of body fluid specimens for such testing; (3) Methods for ensuring proper storage, transportation, and handling of such specimens in order to maintain the integrity of the testing process; (4) Which persons should be entitled to the results of such tests and which methods should be used for ensuring that only authorized persons are given access to such results; (5) A list of laboratories qualified to conduct established drug tests; and (6) Procedures through which firefighters, prior to the collection of body fluid specimens for such testing, may provide information to their employers regarding use of any drug pursuant to a medical prescription or, as otherwise authorized by law, any substance which could affect the results of such test. (c) Any rules or regulations adopted pursuant to this Code section shall be in compliance with Parts 40 and 382 of Title 49 of the Code of Federal Regulations."

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SECTION 2A. Code Section 31-2A-18 of the Official Code of Georgia Annotated, relating to the Low THC Oil Patient Registry, is amended by revising subsection (f) as follows:
"(f) Information received and records kept by the department for purposes of administering this Code section shall be confidential; provided, however, that such information shall be disclosed, subject to the provisions of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and any regulations promulgated thereunder:
(1) Upon written request of an individual or caregiver registered pursuant to this Code section for information related to the individual or his or her caregiver; (2) To peace officers and prosecuting attorneys for the purpose of:
(A) Verifying that an individual in possession of a registration card is registered pursuant to this Code section; or (B) Determining that an individual in possession of low THC oil is registered pursuant to this Code section; and (3) To government entities and other entities for statistical, research, educational, instructional, drug abuse prevention, or grant application purposes after removing all personal identifiers from the health information and removing all information that could be used to identify prescribers."

SECTION 3. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising Code Section 31-11-51, relating to certification and recertification of emergency medical technicians, rules and regulations, and use of conviction data in licensing decisions, as follows:
"31-11-51. (a) As used in this Code section, the term '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. (b) Except as otherwise provided for in this chapter, the board shall, by regulation, authorize the department to establish procedures and standards for the licensing of emergency medical services personnel. The department shall succeed to all rules and regulations, policies, procedures, and administrative orders of the composite board which were in effect on December 31, 2001, and which relate to the functions transferred to the department by this chapter. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law. (c) In reviewing applicants for initial licensure of emergency medical services personnel, the department shall be authorized pursuant to this Code section to obtain conviction data with respect to such applicants for the purposes of determining the suitability of the applicant for licensure.

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(d) The department shall by rule or regulation, consistent with the requirements of this subsection, establish a procedure for requesting a fingerprint based criminal history records check from the center and the Federal Bureau of Investigation. Fingerprints shall be in such form and of such quality as prescribed by the center and under standards adopted by the Federal Bureau of Investigation. Fees may be charged as necessary to cover the cost of the records search. An applicant may request that a criminal history records check be conducted by a state or local law enforcement agency or by a private vendor approved by the department. Fees for criminal history records checks shall be paid by the applicant to the entity processing the request at the time such request is made. The state or local law enforcement agency or private vendor shall remit payment to the center in such amount as required by the center for conducting a criminal history records check. The department shall accept a criminal history records check whether such request is made through a state or local law enforcement agency or through a private vendor approved by the department. Upon receipt of an authorized request, the center shall promptly cause such criminal records search to be conducted. The center shall notify the department in writing of any finding of disqualifying information, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding. (e) An applicant with conviction data which indicates a conviction of a felony more than five but less than ten years prior to application shall not be disqualified for licensure, provided that such applicant has:
(1) Successfully completed a training program approved by the department and sponsored by the Department of Corrections pursuant to Code Section 42-5-57; and (2) Met all other requirements as set forth in this chapter. (f) Conviction data received by the department or a state or local law enforcement agency shall be privileged and shall not be a public record or disclosed to any person. Conviction data shall be maintained by the department and the state or local law enforcement pursuant to laws regarding such records and the rules and regulations of the center and the Federal Bureau of Investigation. Penalties for the unauthorized release or disclosure of conviction data shall be as prescribed by law or rule or regulation of the center or Federal Bureau of Investigation. (g) The center, the department, or any law enforcement agency, or the employees of any such entities, shall neither be responsible for the accuracy of information provided pursuant to this Code section nor be liable for defamation, invasion of privacy, negligence, or any other claim relating to or arising from the dissemination of information pursuant to this Code section."

SECTION 4. Said title is further amended by revising Code Section 31-11-52, relating to certification and recertification of, and training for, paramedics and cardiac technicians, as follows:

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"31-11-52. (a) The department shall establish procedures and standards for certifying and recertifying paramedics and cardiac technicians. An applicant for initial certification as a paramedic or a cardiac technician must:
(1) Submit a completed application on a form to be prescribed by the department, which shall include evidence that the applicant is 18 years of age or older and is of good moral character; (2) Submit from the department a notarized statement that the applicant has completed a training course approved by the department; (3) Submit to the department a fee as set forth in the regulations of the department; and (4) Meet such other requirements as are set forth in the rules and regulations of the department. (b) The department shall also adopt procedures and standards for its approval of paramedic training courses and cardiac technician training courses. The department shall adopt such regulations after consultation with appropriate public and private agencies and organizations concerned with medical education and the practice of medicine. Procedures and standards adopted by the department shall be consistent with the purposes and provisions of this chapter. (c) An applicant convicted of a felony more than five but less than ten years prior to application shall not be disqualified for certification, provided that such applicant has: (1) Successfully completed a training program approved by the department and sponsored by the Department of Corrections pursuant to Code Section 42-5-57; and (2) Met all other requirements as set forth in this chapter."

SECTION 5. Said title is further amended by revising Code Section 31-11-53, relating to services which may be rendered by certified emergency medical technicians and trainees, as follows:
"31-11-53. (a) Upon certification by the department, emergency medical technicians may do any of the following:
(1) Render first-aid and resuscitation services as taught in the United States Department of Transportation basic training courses for emergency medical technicians or an equivalent course approved by the department; (2) Upon the order of a duly licensed physician, administer approved intravenous solutions and opioid antagonists; and (3) Upon the order of a duly licensed physician during a public health emergency, as defined in Code Section 31-12-1.1, administer vaccines. (b) While in training preparatory to becoming certified, emergency medical technician trainees may perform any of the functions specified in this Code section under the direct supervision of a duly licensed physician or a registered nurse."

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SECTION 6. Said title is further amended by revising Code Section 31-11-55, relating to services which may be rendered by certified cardiac technicians and trainees, as follows:
"31-11-55. (a) Upon certification by the department, cardiac technicians may do any of the following:
(1) Render first-aid and resuscitation services; (2) Upon the order of a duly licensed physician and as recommended by the Georgia Emergency Medical Services Advisory Council and approved by the department:
(A) Perform cardiopulmonary resuscitation and defibrillation in a hemodynamically unstable patient; (B) Administer approved intravenous solutions; (C) Administer parenteral injections of antiarrhythmic agents, vagolytic agents, chronotropic agents, alkalizing agents, analgesic agents, and vasopressor agents or administer opioid antagonists; (D) Perform pulmonary ventilation by esophageal airway and endotracheal intubation; and (E) Upon the order of a duly licensed physician during a public health emergency, as defined in Code Section 31-12-1.1, administer vaccines. (b) While in training preparatory to becoming certified, cardiac technician trainees may perform any of the functions specified in this Code section under the direct supervision of a duly licensed physician or a registered nurse."

SECTION 7. Said title is further amended by adding a new Code section to read as follows:
"31-11-60.2. (a) All persons licensed or certified based upon successful completion of training set forth in paragraph (1) of subsection (e) of Code Section 31-11-51 or paragraph (1) of subsection (c) of Code Section 31-11-52 shall be subject to random testing for evidence of use of illegal drugs. Such testing shall occur at least biannually for the first two years of licensure or certification. Such testing shall be noninvasive and may be conducted at any time during the calendar year, and the cost of all such testing shall be borne by the employer. If the drug test shows the presence of drugs in the employee's system, the results of the test will be confirmed with an alternative method by using the same urine sample. (b) The department shall adopt rules and regulations to establish for purposes of testing and retesting for illegal drugs:
(1) Which illegal drugs will be the subject of testing; (2) Methods for ensuring minimal privacy intrusions during collection of body fluid specimens for such testing; (3) Methods for ensuring proper storage, transportation, and handling of such specimens in order to maintain the integrity of the testing process;

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(4) Which persons should be entitled to the results of such tests and which methods should be used for ensuring that only authorized persons are given access to such results; (5) A list of laboratories qualified to conduct established drug tests; and (6) Procedures through which emergency medical services personnel, paramedics, or cardiac technicians, prior to the collection of body fluid specimens for such testing, may provide information to their employers regarding use of any drug pursuant to a medical prescription or, as otherwise authorized by law, any substance which could affect the results of such test. (c) Any rules or regulations adopted pursuant to this Code section shall be in compliance with Parts 40 and 382 of Title 49 of the Code of Federal Regulations."

SECTION 8. Said title is further amended in Code Section 31-12-3.1, relating to establishment and maintenance of state-wide vaccination registry for children under age 18, by revising subsection (e) as follows:
"(e)(1) Unless such person has opted out pursuant to paragraph (2) of this subsection, individually identifiable vaccination information regarding a person may be provided to the department by, or released by the department to:
(A) A health department, hospital, physician, or other provider of medical services to the person; (B) A school or child care facility in which the person is enrolled if the person is 18 years of age or younger; or (C) The United States Department of Health and Human Services and its subsidiaries through a data use agreement, for the limited purpose of reporting vaccines administered in response to a public health emergency declared pursuant to Code Section 38-3-51, for the purpose of averting a serious and imminent threat to life and safety, so long as the United States Department of Health and Human Services and its subsidiaries adhere to state and federal privacy laws and so long as a person's name is not provided by the department without the consent of the person or the person's parents or guardians. (2) Any person or person's parent or guardian if the person is 18 years of age or younger may request an exemption from enrollment in the state-wide vaccine registry. All persons shall be enrolled unless a specific exemption is requested by the person or the person's parent or guardian if the person is 18 years of age or younger. A parent or guardian may obtain and upon request to the department shall be provided with all individually identifiable vaccination registry information regarding his or her child or ward. Except as provided otherwise by this Code section, individually identifiable vaccination registry information shall be treated as confidential and shall not be released to a third party without consent of the person or the person's parent or guardian if the person is 18 years of age or younger."

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SECTION 9. Code Section 42-5-57 of the Official Code of Georgia Annotated, relating to institution of rehabilitation programs and provision of opportunities for educational, religious, and recreational activities, is amended as follows:
"42-5-57. (a) The board, acting alone or in cooperation with the Department of Education, the Board of Regents of the University System of Georgia, or the several state, local, and federal agencies concerned therewith shall be authorized to institute a program of rehabilitation, which may include academic, industrial, mechanical, agricultural, and vocational training, within the confines of a penal institution. (b) The board, acting alone or in cooperation with the Georgia Firefighter Standards and Training Council, shall be authorized to institute a program of rehabilitation which includes training following the Georgia Fire Academy curriculum within the confines of a penal institution. (c) The board, acting alone or in cooperation with the Department of Public Health, shall be authorized to institute a program of rehabilitation which includes training for emergency medical services personnel as such term is defined in Code Section 31-11-49 within the confines of a penal institution. (d) The department, in institutions under its control and supervision, shall give the inmates opportunity for reasonable educational, religious, and recreational activities where practicable."

SECTION 10. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to medical practice, is amended by revising Code Section 43-34-26.1, relating to vaccine protocol agreements, as follows:
"43-34-26.1. (a) As used in this Code section, the term:
(1) 'Administer' means the provision of a unit dose of vaccine by a pharmacist or nurse pursuant to a vaccine order contained in a vaccine protocol agreement with a physician. (2) 'Adverse event' means an event that is a negative consequence of the administration of vaccine by a pharmacist or nurse that results in an unintended reaction, injury, or illness, which may or may not have been preventable. (3) 'Board' means the Georgia Composite Medical Board. (4) 'Georgia Registry of Immunization Transactions and Services' or 'vaccination registry' means the vaccination registry established by Department of Public Health pursuant to Code Section 31-12-3.1. (5) 'Nurse' means a registered professional nurse as defined in paragraph (9) of Code Section 43-26-3. The term shall also mean a licensed practical nurse as defined in paragraph (5) of Code Section 43-26-32 who is regularly employed by a physician engaged in the active practice of medicine.

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(6) 'Pharmacist' means an individual licensed under Chapter 4 of Title 26 to engage in the practice of pharmacy in the State of Georgia. (7) 'Pharmacy intern' means a pharmacy intern as defined in paragraph (19) of Code Section 26-4-5. (8) 'Physician' means an individual licensed to practice medicine and surgery pursuant to this article and whose principal place of practice is located in this state. (9) 'Vaccine' means:
(A) A vaccine that is included on the adult immunization schedule recommended by the Advisory Committee on Immunization Practices (ACIP) of the federal Centers for Disease Control and Prevention administered to an individual 18 years of age or older; (B) An influenza vaccine administered to an individual 13 years of age or older; and (C) Any vaccine administered to an individual 13 years of age or older for an illness that has resulted in a public health emergency, as defined in Code Section 31-12-1.1. (10) 'Vaccine order' means a prescription drug order, contained in a vaccine protocol agreement, for a vaccine issued by a physician for a group of patients who meet certain criteria and to be administered by a pharmacist or a nurse. A vaccine order shall also mean a prescription drug order, contained in a vaccine protocol agreement, for epinephrine issued by a physician for a group of patients who meet certain criteria and to be administered by a pharmacist or a nurse only upon the occurrence of an actual or perceived anaphylactic adverse reaction to the administered vaccine provided that the vaccine protocol agreement sets forth the signs and symptoms that warrant the administration of epinephrine. (11) 'Vaccine protocol agreement' means a written document mutually agreed upon and signed by a physician and a pharmacist or by a physician and a nurse, by which document the physician prescribes a vaccine and epinephrine, if determined appropriate by the physician, by means of a vaccine order for administration by a pharmacist or a nurse. (b) A physician engaged in the active practice of medicine may prescribe a vaccine for a group of patients via a vaccine order contained in a vaccine protocol agreement to be administered by a pharmacist, provided the physician resides in Georgia and is registered with the Georgia Registry of Immunization Transactions and Services; the pharmacist holds current certification in Basic Cardiac Life Support and has completed a course of training accredited by the Accreditation Council for Pharmacy Education or similar health authority or professional body approved by the Georgia State Board of Pharmacy; and the pharmacist completes a training program recognized by the federal Centers for Disease Control and Prevention in the basics of immunology which focuses on practice implementation and legal and regulatory issues, composed of: (1) at least 12 hours of self-study and an assessment exam; (2) at least eight hours of live seminar with a final exam; and (3) a hands-on assessment of intramuscular and subcutaneous injection technique. A physician who is a party to a vaccine protocol agreement may also prescribe epinephrine via a vaccine order contained in a vaccine protocol agreement for administration by a pharmacist upon the occurrence of an actual or perceived anaphylactic adverse reaction to the administered

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vaccine, provided that the vaccine protocol agreement sets forth the signs and symptoms that warrant the administration of epinephrine. (c) A physician engaged in the active practice of medicine may prescribe a vaccine for a group of patients via a vaccine order contained in a vaccine protocol agreement to be administered by a nurse, provided the physician is registered with the Georgia Registry of Immunization Transactions and Services, the nurse is located within the county of the physician's place of registration with the vaccination registry or a county contiguous thereto, and the nurse holds current certification in Basic Cardiac Life Support. A physician who is a party to a vaccine protocol agreement may also prescribe epinephrine via a vaccine order contained in a vaccine protocol agreement for administration by a nurse upon the occurrence of an actual or perceived anaphylactic adverse reaction to the administered vaccine provided that the vaccine protocol agreement sets forth the signs and symptoms that warrant the administration of epinephrine. (d) A vaccine protocol agreement between a physician and a pharmacist or a physician and a nurse pursuant to this Code section shall, without limitation:
(1) Contain the current names, addresses, telephone numbers, and professional license numbers of the physician and the pharmacist or nurse; (2) Contain a provision for immediate consultation between the pharmacist or nurse and the physician. If the physician is not available, the physician for purposes of consultation may designate another physician who concurs with the terms of the vaccine protocol agreement; (3) Require the pharmacist or nurse to take an appropriate case history and determine whether the patient has had a physical examination within the past year and shall not administer a vaccine to a patient with any condition for which such vaccine is contraindicated; (4) Require the pharmacist or nurse to provide the vaccine recipient with the appropriate and current Vaccine Information Statement as provided by the federal Centers for Disease Control and Prevention; (5) Require the pharmacist or nurse to provide written information to the vaccine recipient to be developed by the Department of Public Health on the importance of having and periodically seeing a primary care physician; (6) Require the pharmacist or nurse or his or her employer to retain documentation of each dose of vaccine administered. Such documentation shall include, but not be limited to:
(A) The administering pharmacist's or nurse's name, address, telephone number, and professional license number; (B) The name, dose, manufacturer, and lot number of the vaccine; (C) The vaccine recipient's name, address, date of birth, and telephone number; (D) The date of administration and injection site; (E) A signed and dated consent form by which the vaccine recipient acknowledges receipt of the Vaccine Information Statement, consents to the administration of the

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vaccine, and authorizes the pharmacy or nurse to notify the vaccine recipient's primary care provider of the vaccine administered to the vaccine recipient; and (F) Any adverse events or complications that occur; (7) Require the pharmacist or nurse to make documented reasonable efforts to obtain the name of the vaccine recipient's primary care provider and to notify such primary care provider of the vaccine administered by the pharmacist or nurse within 72 hours of administration; (8) Require the pharmacist or nurse to administer the vaccine to a patient in a private room, area with a privacy screen, or other interior area in which the patient's privacy can be maintained. In no event shall a pharmacist or nurse administer a vaccine to a patient in a manner that is designed so that the patient can be served while remaining in his or her personal vehicle. This paragraph shall not apply to mass immunizations in the event of a public health emergency, as defined in Code Section 31-12-1.1, or for purposes of training in which vaccinations are administered to large groups of people at one or more locations in a short interval of time; (9) Require the pharmacist, nurse, or his or her designee to check the Georgia Registry of Immunization Transactions and Services prior to administration of the vaccine and to enter the patient's vaccine information in the Georgia Registry of Immunization Transactions and Services within the vaccination registry's designated time frame, or as designated by the Department of Public Health; provided, however, that a pharmacist, nurse, or his or her designee shall not be required to check the Georgia Registry of Immunization Transactions and Services during: (A) A public health emergency, as defined in Code Section 31-12-1.1, for any vaccine administered to address the cause of the threat of an illness or health condition or the infectious agent or biological toxin which resulted in such public health emergency; or (B) A vaccination event for influenza that is anticipated to serve 75 or more patients. The Georgia Drugs and Narcotics Agency shall have the authority to impose sanctions in accordance with subsection (r) of this Code section on any person subject to the requirements of this paragraph who does not submit the information required by this paragraph and to notify the delegating physician and the applicable licensing board for such person of violations of this paragraph; (10) Require, as a condition of administration of the vaccine, the vaccine recipient to remain under the observation of a pharmacist or nurse for a period of not less than 15 minutes immediately subsequent to the administration of the vaccine; (11) Contain procedures to follow up on the occurrence of an adverse event or complication including, if prescribed via a vaccine order contained in a vaccine protocol agreement, the administration of epinephrine; (12) Provide for prioritization of vaccine recipients in the event the supply of a vaccine is limited; (13) Require the pharmacist or nurse to maintain individual liability insurance coverage or be individually covered by his or her employer's liability insurance coverage in an

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amount not less than $250,000.00 to cover claims arising from administration of vaccines by the pharmacist or nurse pursuant to a vaccine protocol agreement and to provide proof of such coverage to the physician for submission to the board with the vaccine protocol agreement. The pharmacist or nurse shall also retain a copy of the proof of insurance coverage, including the name of the insurer and policy number, onsite at his or her primary location for inspection by the Georgia Drugs and Narcotics Agency, upon request; (14) Require the pharmacist or nurse to post proof of the vaccine protocol agreement, including a list of the vaccines authorized by such protocol, in a conspicuous location within the pharmacy or other setting in which the vaccine is being administered; (15) Require the pharmacist or nurse to submit a signed and notarized affidavit to the physician attesting to the following:
(A) Compliance with paragraph (13) of this subsection regarding maintenance of liability insurance; (B) Verification that the pharmacist or nurse holds current certification in Basic Cardiac Life Support as required by subsections (b) and (c) of this Code section and, for pharmacists, verification of completion of immunology training as required by subsection (b) of this Code section; (C) The pharmacist or nurse has a copy of the vaccine protocol agreement and agrees to comply with its requirements; and (D) Identification of the pharmacist's or nurse's location or locations in which he or she will be administering vaccinations pursuant to the vaccine protocol agreement. The pharmacist or nurse shall keep a copy of the affidavit onsite at his or her primary location for inspection by the Georgia Drugs and Narcotics Agency, upon request. The Georgia Drugs and Narcotics Agency shall have the authority to impose sanctions in accordance with subsection (r) of this Code section on any person subject to the requirements of this paragraph who does not submit the information required by this paragraph and to notify the delegating physician and the applicable licensing board for such person of violations of this paragraph; and (16) Be renewed and, if necessary, revised or updated biennially by the physician and the pharmacist or nurse. A vaccine protocol agreement that is not renewed biennially shall expire. (e) A pharmacist who is a party to a vaccine protocol agreement pursuant to this Code section shall not delegate the administration of a vaccine to any individual other than a pharmacy intern under the direct supervision of the pharmacist whether or not any such other individual is under the supervision, direct or otherwise, of the pharmacist. (f) A nurse who is a party to a vaccine protocol agreement pursuant to this Code section shall not delegate the administration of a vaccine to any individual, whether or not any such individual is under the supervision, direct or otherwise, of the nurse; provided, however, that notwithstanding the requirement of employment by a physician in paragraph (5) of subsection (a) of this Code section, a registered professional nurse who is a party to a

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vaccine protocol agreement pursuant to this Code section may delegate the administration of a vaccine to a licensed practical nurse under the direct on-site supervision of the registered professional nurse. (g) Notwithstanding any law to the contrary, a nurse acting pursuant to a vaccine protocol agreement as provided in this Code section may possess and transport such vaccine and epinephrine. (h) A pharmacist or nurse administering vaccines pursuant to a vaccine protocol agreement authorized by this Code section shall maintain policies and procedures for the handling and disposal of used or contaminated equipment and supplies. (i) Nothing in this Code section shall be construed to authorize a physician to prescribe any other vaccines or other drugs pursuant to a vaccine protocol agreement or vaccine order contained in a vaccine protocol agreement other than those vaccines and epinephrine specifically authorized in such vaccine protocol agreement or vaccine order. (j) A delegating physician may not enter into a vaccine protocol agreement with more than ten pharmacists or nurses, or any combination thereof, at any one time; provided, however, and notwithstanding the geographic limitation provided in subsection (c) of this Code section, a delegating physician may enter into a vaccine protocol agreement with more than ten pharmacists or nurses, or any combination thereof, at any one time so long as the nurses are in the same public health district as established pursuant to Code Section 31-3-15 and the pharmacists and nurses are employees or agents of the same corporate entity. (k) It shall be unlawful for a physician who is employed by a pharmacist or nurse to enter into a vaccine protocol agreement or otherwise delegate medical acts to such pharmacist or nurse. It shall be unlawful for a physician who is employed by a pharmacy to enter into a vaccine protocol agreement or otherwise delegate medical acts to a pharmacist or nurse who is also employed by such pharmacy. (l) The board shall have the authority to promulgate rules and regulations governing a physician who is a party to a vaccine protocol agreement in order to carry out the intent and purposes of this Code section. Further, the board shall:
(1) Require that the vaccine protocol agreement, along with the affidavit by the pharmacist or nurse submitted pursuant to paragraph (15) of subsection (d) of this Code section and the proof of insurance required pursuant to paragraph (13) of subsection (d) of this Code section, be filed by the physician with the board and be made available by the board for public inspection; and (2) Promulgate by rule an approved standard protocol template that may be utilized as a vaccine protocol agreement and make such template available on the board's website. (m) Nothing in this Code section shall be construed to require a physician to enter into a vaccine protocol agreement. A public or private managed care system, health plan, hospital, insurance company, or similar entity shall not require a physician, pharmacist, or nurse to enter into a vaccine protocol agreement as a condition for participation in or reimbursement from such entity.

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(n) No physician who complies with the provisions of this Code section shall be subject to criminal or civil liability or discipline for unprofessional conduct for:
(1) Entering into a vaccine protocol agreement with a pharmacist or nurse; (2) Issuing a vaccine order contained in a vaccine protocol agreement with a pharmacist or nurse; or (3) The acts or omissions of a pharmacist or nurse pursuant to a vaccine protocol agreement including the administration of a vaccine or epinephrine. Nothing in this subsection shall be interpreted as altering liability of an employer for acts of his or her employees. (o)(1) This Code section shall not apply to any activities conducted by a hospital, physician's office, nursing home, or other health care facility designated by the Department of Public Health or conducted within any other facility or entity owned, operated, or leased by a hospital. (2) Except as otherwise provided in paragraph (1) of this subsection, any activities conducted by a hospital or health system for the administration of the influenza vaccine shall not be subject to paragraphs (5) through (8), (14), or (15) of subsection (d) of this Code section as long as the following conditions are met:
(A) A signed and dated consent form by which the vaccine recipient consents to the administration of the vaccine is obtained; (B) If the vaccine recipient is a patient within the hospital or health system, the administration of the influenza vaccine shall be noted in such patient's health record maintained by the hospital or health system, including, but not limited to, the administering pharmacist's or nurse's name, address, telephone number, and professional license number; the name, dose, manufacturer, and lot number of the vaccine; and the date of administration and injection site; (C) If the vaccine recipient is not a patient within the hospital or health system, the pharmacist, nurse, or his or her designee shall be required to check the Georgia Registry of Immunization Transactions and Services prior to administration of the vaccine and to enter the patient's vaccine information in the Georgia Registry of Immunization Transactions and Services within the vaccination registry's designated time frame, or as designated by the Department of Public Health; provided, however, that a pharmacist, nurse, or his or her designee shall not be required to check the Georgia Registry of Immunization Transactions and Services during:
(i) A public health emergency, as defined in Code Section 31-12-1.1, for any vaccine administered to address the cause of the threat of an illness or health condition or the infectious agent or biological toxin which resulted in such public health emergency; or (ii) A vaccination event for influenza that is anticipated to serve 75 or more patients. The Georgia Drugs and Narcotics Agency shall have the authority to impose sanctions in accordance with subsection (r) of this Code section on any person subject to the requirements of this paragraph who does not submit the information required by this

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paragraph and to notify the delegating physician and the applicable licensing board for such person of violations of this paragraph; and (D) If requested by the patient, the influenza vaccine shall be administered in an area or location with portable screening, at a minimum. As used in this paragraph, the term 'health system' means (i) a parent corporation of one or more hospitals and any entity affiliated with such parent corporation through ownership, governance, membership, or other means; or (ii) a hospital and any entity affiliated with such hospital through ownership, governance, membership, or other means. (p) This Code section shall not be interpreted as limiting the authority of any authorized person to dispense or administer vaccines or other medications. (q) No live attenuated virus shall be administered pursuant to this Code section unless the patient has signed an informed consent that he or she does not have a contraindication to such vaccine. The informed consent form shall list the contraindications to the vaccine. Consent of the child's parent or legal guardian shall be a condition precedent to the administration of a vaccine to a child under the age of 18. (r)(1) A pharmacist or nurse who knowingly does not comply with paragraph (13) of subsection (d) of this Code section may be assessed a fine of up to $2,500.00 by the board. (2) A pharmacist or nurse who knowingly administers a vaccine without a vaccine protocol agreement as required by this Code section may be assessed a fine of up to $2,500.00 and may be prohibited from administering vaccines pursuant to this Code section for up to one year as determined by the board. (3) A pharmacist or nurse who knowingly does not comply with paragraph (5) of subsection (d) of this Code section may be subject to the following sanctions by the board: (A) Upon the first violation, the issuance of a warning; (B) Upon the second violation, a fine of up $500.00; and (C) Upon a third or subsequent violation, prohibited from administering vaccines pursuant to this Code section for up to one year. (4) A pharmacist or nurse who knowingly does not comply with paragraph (14) of subsection (d) of this Code section may be subject to the following sanctions by the board: (A) Upon the first or second violation, the issuance of a warning; and (B) Upon a third or subsequent violation, prohibited from administering vaccines pursuant to this Code section for up to six months. (5) A pharmacist or nurse who knowingly does not comply with paragraph (9) or (15) of subsection (d) of this Code section may be subject to the following sanctions by the Georgia Drugs and Narcotics Agency: (A) Upon the first violation, the issuance of a warning; (B) Upon the second violation, a fine of up to $5,000.00; and

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(C) Upon a third or subsequent violation, prohibited from administering vaccines pursuant to this Code section. (6) The sanctions contained in this subsection shall be supplemental to any other sanctions or penalties to which a pharmacist or nurse may otherwise be subject."

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 May 10, 2021.

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RESOLUTION COMPENSATING DOMINIC BRIAN LUCCI; WRONGFUL ARREST, CONVICTION, AND SUBSEQUENT LOSS OF LIBERTY.

No. 293 (House Resolution No. 24).

A RESOLUTION

Compensating Dominic Brian Lucci; and for other purposes.

WHEREAS, in the late evening hours of January 31, 1992, a man was gunned down on a street corner in Savannah, Georgia; and

WHEREAS, despite his continued proclamations of innocence, Dominic Brian Lucci was arrested and charged with this crime; and

WHEREAS, on November 19, 1992, Dominic Brian Lucci was convicted of malice murder and possession of a firearm during the commission of a crime and was sentenced to life plus five years in prison; and

WHEREAS, this conviction was primarily based upon the testimony of a reluctant partial eyewitness who was unduly pressured to provide false testimony and identify Dominic Brian Lucci as one of the perpetrators and who subsequently recanted his trial testimony in full; and

WHEREAS, prior to trial, the criminal defense attorneys for Mr. Lucci were never furnished with exculpatory evidence that established his innocence; and

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WHEREAS, on November 2, 2017, the Georgia Supreme Court, in a unanimous decision, overturned the conviction of Dominic Brian Lucci after determining that the outcome of his trial would likely have been different if the exculpatory evidence had not been withheld from his defense team; and

WHEREAS, following the Supreme Court's decision, Dominic Brian Lucci was released on bond in December, 2017, after spending over 25 years in prison; and

WHEREAS, in July, 2018, a nolle prosequi was entered with respect to the indictment against Dominic Brian Lucci; and

WHEREAS, as a result of his wrongful arrest and conviction, Dominic Brian Lucci was denied the honor of serving his country in the military; and

WHEREAS, Dominic Brian Lucci has suffered loss of liberty, personal injury, lost wages, injury to reputation, emotional distress, and other damages as a result of his more than 25 years of incarceration; and

WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages suffered by Dominic Brian Lucci occurred through no fault or negligence on his part, and it is only fitting and proper that he be compensated for his losses.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Administrative Services is authorized and directed to pay the sum of $1,000,000.00 to Dominic Brian Lucci as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the Department of Administrative Services and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence and shall be paid subject to the provisions of this resolution. Said sum shall be paid in the form of an annuity in equal monthly installments over a 20 year period of time beginning one year after an initial lump sum payment of $50,000.00. Upon the death of Dominic Brian Lucci, all payments and all obligations of the state with respect to any and all future payments with respect to the annuity shall continue to be made to his estate or heirs.

Approved May 10, 2021.

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RESOLUTION COMPENSATING MARK JASON JONES; WRONGFUL ARREST, CONVICTION, AND SUBSEQUENT LOSS OF LIBERTY.

No. 294 (House Resolution No. 25).

A RESOLUTION

Compensating Mark Jason Jones; and for other purposes.

WHEREAS, in the late evening hours of January 31, 1992, a man was gunned down on a street corner in Savannah, Georgia; and

WHEREAS, despite his continued proclamations of innocence, Mark Jason Jones was arrested and charged with this crime; and

WHEREAS, on November 19, 1992, Mark Jason Jones was convicted of malice murder and possession of a firearm during the commission of a crime and was sentenced to life plus five years in prison; and

WHEREAS, this conviction was primarily based upon the testimony of a reluctant partial eyewitness who was unduly pressured to provide false testimony and identify Mark Jason Jones as one of the perpetrators and who subsequently recanted his trial testimony in full; and

WHEREAS, prior to trial, the criminal defense attorneys for Mr. Jones were never furnished with exculpatory evidence that established his innocence; and

WHEREAS, on November 2, 2017, the Georgia Supreme Court, in a unanimous decision, overturned the conviction of Mark Jason Jones after determining that the outcome of his trial would likely have been different if the exculpatory evidence had not been withheld from his defense team; and

WHEREAS, following the Supreme Court's decision, Mark Jason Jones was released on bond in December, 2017, after spending over 25 years in prison; and

WHEREAS, in July, 2018, a nolle prosequi was entered with respect to the indictment against Mark Jason Jones; and

WHEREAS, as a result of his wrongful arrest and conviction, Mark Jason Jones received an other than honorable discharge from the United States Army, was denied the honor of serving his country in the military, and was deprived of many benefits to which he would otherwise be entitled from the Department of Veterans Affairs; and

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WHEREAS, Mark Jason Jones has suffered loss of liberty, personal injury, lost wages, injury to reputation, emotional distress, and other damages as a result of his more than 25 years of incarceration; and

WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages suffered by Mark Jason Jones occurred through no fault or negligence on his part, and it is only fitting and proper that he be compensated for his losses.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Administrative Services is authorized and directed to pay the sum of $1,000,000.00 to Mark Jason Jones as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the Department of Administrative Services and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence and shall be paid subject to the provisions of this resolution. Said sum shall be paid in the form of an annuity in equal monthly installments over a 20 year period of time beginning one year after an initial lump sum payment of $50,000.00. Upon the death of Mark Jason Jones, all payments and all obligations of the state with respect to any and all future payments with respect to the annuity shall continue to be made to his estate or heirs.

Approved May 10, 2021.

__________

RESOLUTION COMPENSATING KENNETH ERIC GARDINER; WRONGFUL ARREST, CONVICTION, AND SUBSEQUENT LOSS OF LIBERTY.

No. 295 (House Resolution No. 26).

A RESOLUTION

Compensating Kenneth Eric Gardiner; and for other purposes.

WHEREAS, in the late evening hours of January 31, 1992, a man was gunned down on a street corner in Savannah, Georgia; and

WHEREAS, despite his continued proclamations of innocence, Kenneth Eric Gardiner was arrested and charged with this crime; and

WHEREAS, on November 19, 1992, Kenneth Eric Gardiner was convicted of malice murder and possession of a firearm during the commission of a crime and was sentenced to life plus five years in prison; and

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WHEREAS, this conviction was primarily based upon the testimony of a reluctant partial eyewitness who was unduly pressured to provide false testimony and identify Kenneth Eric Gardiner as one of the perpetrators and who subsequently recanted his trial testimony in full; and

WHEREAS, prior to trial, the criminal defense attorneys for Mr. Gardiner were never furnished with exculpatory evidence that established his innocence; and

WHEREAS, on November 2, 2017, the Georgia Supreme Court, in a unanimous decision, overturned the conviction of Kenneth Eric Gardiner after determining that the outcome of his trial would likely have been different if the exculpatory evidence had not been withheld from his defense team; and

WHEREAS, following the Supreme Court's decision, Kenneth Gardiner was released on bond in December, 2017, after spending over 25 years in prison; and

WHEREAS, in July, 2018, a nolle prosequi was entered with respect to the indictment against Kenneth Gardiner; and

WHEREAS, as a result of his wrongful arrest and conviction, Kenneth Gardiner received an other than honorable discharge from the United States Army, was denied the honor of serving his country in the military, and was deprived of many benefits to which he would otherwise be entitled from the Department of Veterans Affairs; and

WHEREAS, Kenneth Gardiner has suffered loss of liberty, personal injury, lost wages, injury to reputation, emotional distress, and other damages as a result of his more than 25 years of incarceration; and

WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages suffered by Kenneth Gardiner occurred through no fault or negligence on his part, and it is only fitting and proper that he be compensated for his losses.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Administrative Services is authorized and directed to pay the sum of $1,000,000.00 to Kenneth Eric Gardiner as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the Department of Administrative Services and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence and shall be paid subject to the provisions of this resolution. Said sum shall be paid in the form of an annuity in equal monthly installments over a 20 year period of time beginning one year after an initial lump sum payment of $50,000.00. Upon the death of Kenneth Eric Gardiner, all payments and all obligations

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of the state with respect to any and all future payments with respect to the annuity shall continue to be made to his estate or heirs.

Approved May 10, 2021.

__________

BOARD OF COMMUNITY AFFAIRS RATIFYING TRANSFER OF FORSYTH COUNTY FROM GEORGIA MOUNTAINS REGIONAL COMMISSION TO ATLANTA REGIONAL COMMISSION.

No. 296 (House Resolution No. 130).

A RESOLUTION

Ratifying the action of the Board of Community Affairs approving of the transfer of Forsyth County from the Georgia Mountains Regional Commission to the Atlanta Regional Commission.

WHEREAS, Code Section 50-8-82 of the O.C.G.A. provides for the creation of metropolitan area planning and development commissions (MAPDCs) in certain areas of this state, and the Atlanta Regional Commission (ARC) is one such MAPDC; and

WHEREAS, Code Section 50-8-83 of the O.C.G.A. provides that a MAPDC shall be, for its area, a regional commission as defined in and with all the powers, duties, and obligations of a regional commission as set forth in Article 2 of Chapter 8 of Title 50 of the O.C.G.A.; and

WHEREAS, subsection (f) of Code Section 50-8-4 of the O.C.G.A. authorizes the Board of Community Affairs to determine and establish, from time to time, the territorial boundaries for the region of operation by each regional development center and, further, provides that any action of the board changing the boundaries of a regional development center shall not become effective until ratified by a joint resolution of the General Assembly; and

WHEREAS, subsection (d) of Code Section 50-8-93 requires that MAPDCs meet federal comprehensive transportation planning laws, including, but not limited to 23 U.S.C.A. Sections 101 and 134, that require certain land areas to be placed into Metropolitan Planning Organizations (MPOs), all of which are conditions precedent to the receipt of federal funding for transportation purposes; and

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WHEREAS, the Board of Community Affairs on November 18, 2020, adopted a resolution approving the transfer of Forsyth County from the Georgia Mountains Regional Commission to the Atlanta Regional Commission, pending ratification by the General Assembly; and

WHEREAS, the request for legislative ratification of said incorporation has been submitted to the General Assembly in accordance with subsection (f) of Code Section 50-8-4 of the O.C.G.A., and it is the desire of the General Assembly to ratify and approve such incorporation.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Community Affairs' action to transfer Forsyth County from the Georgia Mountains Regional Commission to the Atlanta Regional Commission, adopted by said board on November 18, 2020, is hereby ratified and approved, with an effective date of July 1, 2021.

BE IT FURTHER RESOLVED that the Department of Community Affairs is authorized to undertake and carry out all activities necessary to implement this change.

BE IT FURTHER RESOLVED that this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.

BE IT FURTHER RESOLVED that the requisite redistricting of the districts represented by the 15 members at large established in subsection (c) of Code Section 50-8-84 of the O.C.G.A. as a result of this transfer be extended to a period of 90 days following the release of the 2020 United States decennial census, referenced in subsection (c) of Code Section 50-8-84 of the O.C.G.A.

BE IT FURTHER RESOLVED that the redistricting of the districts represented by the 15 members at large established in subsection (c) of Code Section 50-8-84 of the O.C.G.A. in response to the transfer be completed in conjunction with the redistricting required in subsection (c) of Code Section 50-8-84 of the O.C.G.A. following the release of the 2020 United States decennial census.

Approved May 10, 2021.

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STATE PROPERTIES AUTHORIZE CERTAIN LEASES AND CONVEYANCES.

No. 297 (House Resolution No. 142).

A RESOLUTION

Authorizing the lease of certain state owned real property located in Baldwin County; authorizing the conveyance of and granting of easements on certain state owned real property located in Columbia County; authorizing the conveyance of certain state owned real property located in Decatur County; authorizing the conveyance of certain state owned real property located in Fulton County; authorizing the conveyance of certain state owned real property in Hall 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 certain real property located in Baldwin County, Georgia; and (2) Said real property is all those tracts or parcels of land containing approximately 754.105 acres, lying and being in the 1st Land District, 318th and 319th G.M.D of Baldwin County, Georgia, said property being further detailed and identified on Exhibit "A" of the existing Amendment to the Lease Agreement by and between the State Properties Commission, acting for and on behalf of the State of Georgia, and Baldwin County, Georgia dated April 2, 1998, as recorded in the State Properties Commission inventory as Real Property Record 009034, being an amendment of the Lease Agreement dated August 7, 1979, as recorded in the State Properties Commission inventory as Real Property Record 009034; and (3) Said real property is under the custody of the Georgia Forestry Commission and the Georgia Department of Juvenile Justice; and (4) By official action dated January 26, 2021, the Georgia Forestry Commission requested to amend the current lease with Baldwin County, Georgia for an additional 25-year term under the same terms and conditions as the current lease, pursuant to which consideration is $250.00 annually and the Georgia Forestry Commission reserves timber rights over the leased area; and (5) By official action dated January 26, 2021, the Georgia Department of Juvenile Justice requested to amend the current lease with Baldwin County, Georgia for an additional 25-year term under the same terms and conditions as the current lease, pursuant to which consideration is $250.00 annually; and

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

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(2) Said real property is approximately 0.062 of an acre in total, being a portion of a 26.4-acre tract located in the 1285th G.M.D. of Columbia County, Georgia, and more particularly described in the Warranty Deed, dated August 30, 2006, from the Development Authority of Columbia County, being recorded in Deed Book 5618, Pages 60-69, in the office of the Clerk of Superior Court of Columbia County, and on file with the State Properties Commission Real Property Records as RPR 010223, and more particularly described on a plat of survey, dated February 24, 2005, prepared by John Thomas Attaway, Registered Land Surveyor #2512, and on file in the offices of the State Properties Commission as RPR 010223; and (3) Said real property is under the custody of the Technical College System of Georgia and is located at 3500 John Huffman Way, Grovetown, Georgia, being a portion of the Augusta Technical College; and (4) By letter dated January 18, 2021, the Georgia Department of Transportation requested the conveyance of approximately 0.023 of an acre of a right-of-way, 0.010 of an acre for a permanent easement, and approximately 0.029 of an acre for a temporary easement to accommodate the planned reconstruction of SR 388/Horizon South Parkway from CR 571/Wrightsboro Road to Interstate 20, Project P.I. 0008351, for the total consideration of approximately $15,700.00, being comprised of approximately $1,556.00 in value for the property being conveyed in fee, $325.00 for the granting of the permanent easement, $942.00 for the granting of the temporary easement, and $12,850.00 in value for the damage to sign trade fixtures; and (5) By official action dated January 25, 2021, the Technical College System of Georgia requested to seek legislation to convey the approximately 0.023 of an acre right-of-way, approximately 0.010 of an acre for a permanent easement, and approximately 0.029 of an acre for a temporary easement to the Georgia Department of Transportation for the total consideration of approximately $15,700.00, which includes the funds to be collected for damages to sign trade fixtures; and

WHEREAS: (1) The State of Georgia is the owner of real property located in Decatur County, Georgia; and (2) Said real property is a portion being approximately 115 acres, lying and being in the 15th District of Bainbridge, Decatur County, Georgia, commonly known as the Bainbridge PSATC, and more particularly described in a Warranty Deed dated April 1, 1966, from the Commissioners of Roads and Revenues of Decatur County, being recorded in Deed Book Z-8, Pages 206-209 in the office of the Clerk of Superior Court of Decatur County and on file with the State Properties Commission Real Property Record as RPR 003368; and (3) Said real property is under the custody of the Department of Corrections; and (4) By official action dated February 25, 2021, the Department of Corrections requested to surplus and convey the approximately 115 acres of real property; and

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WHEREAS: (1) The State of Georgia is the owner of real property located in Fulton County, Georgia; and (2) Said real property is a portion being approximately 0.005 of an acre, lying and being in Land Lots 82 and 83, 14th Land District of Fulton County, Georgia, commonly known as the Yellow Lot, and more particularly described in a General Warranty Deed dated July 13, 2000, from the Lundsford Company, being recorded in Deed Book 29281, Page 88 in the office of the Clerk of Superior Court of Fulton County and on file with the State Properties Commission Real Property Record as RPR 009465; and (3) Said real property is under the custody of the Department of Economic Development; and (4) By official action dated March 1, 2021, the Department of Economic Development requested to surplus and convey the approximately 0.005 of an acre of real property; and

WHEREAS: (1) The State of Georgia is the owner of improved real property located in Hall County, Georgia; and (2) Said real property is approximately 2.144 acres, lying and being in Land Lots 98 and 112, 8th District of Flowery Branch, Hall County, Georgia, and more particularly described in a General Warranty Deed dated August 30, 2018, from LLI Management Company, LLC, being recorded in Deed Book 8145, Pages 334-337, in the office of the Clerk of Superior Court of Hall County and on file with the State Properties Commission Real Property Record as RPR 012175; and (3) Said real property is under the custody of the Department of Community Affairs and the Georgia Environmental Finance Authority; and (4) By official action, the Georgia Environmental Finance Authority requested to surplus and convey the approximately 2.144 acres of real property.

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 Baldwin County, containing approximately 754.105 acres, and that in all matters relating to the leasing of said real property, the State of Georgia is acting by and through its State Properties Commission.

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SECTION 2. That the State of Georgia, acting by and through the State Properties Commission, is authorized to amend the lease of the above-described property to Baldwin County, Georgia for an additional 25-year term under the same terms and conditions as the current lease, pursuant to which consideration is $250.00 annually and the Georgia Forestry Commission reserves timber rights over the entire leased area, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

SECTION 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease, including the execution of all necessary documents.

SECTION 4. That the authorization to lease the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 5. That the above-described real property shall remain in the custody of the Georgia Forestry Commission and the Georgia Department of Juvenile Justice during the term of the lease.

ARTICLE II SECTION 6.

That the State of Georgia is the owner of the above-described property located in Columbia County, containing approximately 0.062 of an acre in total, and that in all matters relating to the conveyance and granting of easements of said real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 7. That the State of Georgia, acting by and through the State Properties Commission, is authorized to convey to the Georgia Department of Transportation approximately 0.023 of an acre of a right-of-way, 0.010 of an acre for a permanent easement, and approximately 0.029 of an acre for a temporary easement for a total consideration of approximately $15,700.00, being comprised of approximately $1,556.00 in value for the property being conveyed in fee, $325.00 for the granting of the permanent easement, $942.00 for the granting of the temporary easement, and $12,850.00 in value for the damage to sign trade fixtures, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia.

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SECTION 8. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance and granting of easements, including the execution of all necessary documents.

SECTION 9. That the authorization to convey the above-described property and grant the above-described easements shall expire three years after the date that this resolution becomes effective.

SECTION 10. That the deed or deeds and plat or plats of the conveyance and the grant of easements shall be recorded by the Grantee in the Superior Court of Columbia County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 11. That the above-described real property shall remain in the custody of the Technical College System of Georgia until the property is conveyed.

ARTICLE III SECTION 12.

The State of Georgia is the owner of the above-described property located in Decatur County, containing approximately 115 acres, and that in all matters relating to the conveyance of the property the State of Georgia is acting by and through its State Properties Commission.

SECTION 13. That the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission by competitive bid for fair market value, to a local government or state entity for fair market value, or to a local government or state entity for a consideration of $10.00 so long as the property is used for public purpose in perpetuity; and other consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION 14. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 15. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

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SECTION 16. That the deed or deeds and plat or plats shall be recorded by the Grantee in the Superior Court of Decatur County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 17. That custody of the above-described real property shall remain in the custody of the Department of Corrections until the property is conveyed.

ARTICLE IV SECTION 18.

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

SECTION 19. That the above-described real property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to the Georgia Department of Transportation for a total consideration of $11,500.00 and such 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 20. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 21. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 22. That the deed or deeds and plat or plats 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 23. That custody of the above-described real property shall remain in the custody of the Department of Economic Development until the property is conveyed.

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ARTICLE V SECTION 24.

That the State of Georgia is the owner of the above-described property located in Hall County, containing approximately 2.144 acres, and that in all matters relating to the conveyance of said real property, the State of Georgia is acting by and through its State Properties Commission.

SECTION 25. 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 and such 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 26. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 27. That the authorization to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION 28. That the deed or deeds and plat or plats of the conveyance shall be recorded by the Grantee in the Superior Court of Hall County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 29. That the above-described real property shall remain in the custody of Department of Community Affairs and the Georgia Environmental Finance Authority until the property is conveyed.

ARTICLE VI SECTION 30.

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

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SECTION 31. That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 10, 2021.

__________

STATE PROPERTIES GRANTING OF NONEXCLUSIVE EASEMENTS.

No. 298 (House Resolution No. 143).

A RESOLUTION

Authorizing the granting of nonexclusive easements for the construction, installation, operation, and maintenance of facilities, utilities, roads, and ingresses and egresses in, on, over, under, upon, across, or through property owned by the State of Georgia in Barrow, Bartow, Bibb, Camden, Carroll, Chatham, Glynn, Harris, Macon, Montgomery, Murray, Paulding, Polk, Rabun, Talbot, Troup, Walton, Ware, and Washington 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, Bartow, Bibb, Camden, Carroll, Chatham, Glynn, Harris, Macon, Montgomery, Murray, Paulding, Polk, Rabun, Talbot, Troup, Walton, Ware, and Washington Counties; and

WHEREAS, Granite-Active Networks, Georgia Power Company, Southern Company Gas, Okefenokee Rural Electric Membership Corporation, Carroll Electric Membership Corporation, International Paper, Atlanta Gas Light, the City of Savannah, AT&T, Comcast, Glynn County, CitySwitch II-A, LLC, Diverse Power Company, Flint Electric Membership Corporation, Altamaha Electric Membership Corporation, Ronald Collum, the Motes Family, Upson Electric Membership Corporation, the City of LaGrange, Walton Electric Membership Corporation, and Ware County desire to construct, install, operate, and maintain facilities, utilities, roads, and ingresses and egresses in, on, over, under, upon, across, or through a portion of said property; and

WHEREAS, these nonexclusive easements, facilities, utilities, roads, and ingresses and egresses in, on, over, under, upon, across, or through the above-described state property have been requested or approved by the Georgia Department of Natural Resources, Technical College System of Georgia, Georgia Department of Defense, Georgia Department of Economic Development, Georgia Bureau of Investigation, Georgia Department of Education, Georgia Department of Corrections, and Georgia Department of Community Supervision.

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

ARTICLE I SECTION 1.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Barrow County, Georgia, and is commonly known as Fort Yargo State Park; and the property is in the custody of the Georgia Department of Natural Resources which, by official action dated August 25, 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 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Granite-Active Networks, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain high-speed internet cable to serve the Park Kiosk and Visitors Center. Said easement area is located in Barrow County, and is more particularly described as follows:
That approximately 0.25 of an acre, lying and being in Land Lot WN15 001, 1st District, Barrow County, Georgia, and that portion only as shown on a drawing furnished by Granite-Active Networks, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 3. That the above-described easement area shall be used only for the purposes of constructing, installing, operating, and maintaining high-speed internet cable.

SECTION 4. That Granite-Active Networks shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of the high-speed internet cable.

SECTION 5. That, after Granite-Active Networks has put into use the high-speed internet cable 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, Granite-Active Networks, or its successors and assigns, shall have the option of removing their facilities from the easement

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area or leaving the same in place, in which event the high-speed internet cable shall become the property of the State of Georgia, or its successors and assigns.

SECTION 6. That no title shall be conveyed to Granite-Active Networks and, except as herein specifically granted to Granite-Active Networks, 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 Granite-Active Networks.

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 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 Granite-Active Networks 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, Granite-Active Networks provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Granite-Active Networks 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 Granite-Active Networks shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 9. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. Granite-Active Networks 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 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 interest of the State of Georgia.

SECTION 11. That this grant of easement shall be recorded by Granite-Active Networks 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 to grant the above-described easement to Granite-Active Networks 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.

ARTICLE II SECTION 14.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Bartow County, Georgia, and is commonly known as North Metro Campus of the Chattahoochee Technical College; and the property is in the custody of the Technical College System of Georgia which, by official action dated October 1, 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 15. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground electrical distribution lines and associated equipment to serve the TCSG-350 Center for Advanced Manufacturing and Emerging Technologies building. Said easement area is located in Bartow County, and is more particularly described as follows:
That approximately 0.48 of an acre, lying and being in Land Lots 1240, 1281, and 1282, 21st Land District, Bartow County, Georgia, and that portion only as shown on an engineering drawing furnished by Georgia Power Company, and being on file in the

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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 only for the purposes of constructing, installing, operating, and maintaining underground electrical distribution lines and associated equipment.

SECTION 17. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of underground electrical distribution lines and associated equipment.

SECTION 18. That, after Georgia Power Company has put into use the underground electrical distribution 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 their facilities from the easement area or leaving the same in place, in which event the underground electrical distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

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

SECTION 20. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and

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expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

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

SECTION 22. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. 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 23. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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

SECTION 25. That the authorization to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

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SECTION 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 Bartow County, Georgia, and is commonly known as the North Metro Campus of the Chattahoochee Technical College; and the property is in the custody of the Technical College System of Georgia which, by official action dated September 3, 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 Southern Company Gas, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground gas distribution lines to serve the TCSG-350 Center for Advanced Manufacturing and Emerging Technologies building. Said easement area is located in Bartow County, and is more particularly described as follows:
That approximately 0.2 of an acre, lying and being in Land Lots 1240, 1281, and 1282, 21st District, Bartow County, Georgia, and that portion only as shown on a drawing furnished by Southern Company Gas, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 29. That the above-described easement area shall be used only for the purposes of constructing, installing, operating, and maintaining underground gas distribution lines.

SECTION 30. That Southern Company Gas 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 gas distribution lines.

SECTION 31. That, after Southern Company Gas 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, Southern Company

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Gas, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underground gas distribution lines shall become the property of the State of Georgia, or its successors and assigns.

SECTION 32. That no title shall be conveyed to Southern Company Gas and, except as herein specifically granted to Southern Company Gas, 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 Company Gas.

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 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 Southern Company Gas 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 Company Gas provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Southern Company Gas 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 Southern Company Gas shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 35. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. Southern Company Gas shall obtain any and all other

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required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 36. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 37. That this grant of easement shall be recorded by Southern Company Gas in the Superior Court of Bartow County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 38. That the authorization to grant the above-described easement to Southern Company Gas 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.

ARTICLE IV SECTION 40.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Bibb County, Georgia, and is commonly known as the Macon Readiness Center; and the property is in the custody of the Georgia Department of Defense which, by official action dated July 27, 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 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 Building #4, Dining Facility. Said easement area is located in Bibb County, and is more particularly described as follows:
That approximately 0.14 of an acre, lying and being in Land Lot 29, 1st District, Bibb 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

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Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 42. That the above-described easement area shall be used only 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 their facilities from the easement area or leaving the same in place, in which event the overhead and 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 use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company

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shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent 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 interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 48. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. Georgia Power Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 49. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 50. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Bibb County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 51. That the authorization to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

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SECTION 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 Camden County, Georgia and is commonly known as the tidal water bottoms and marsh; and the property is in the custody of the Coastal Resources Division of the Georgia Department of Natural Resources which, by official action dated June 12, 2018, does not object to the granting of an easement; and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 54. That the State of Georgia, acting by and through its State Properties Commission, may grant to Okefenokee Rural Electric Membership Corporation, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain electrical transmission lines and associated equipment to serve Cumberland Island. Said easement area is located in Camden County, and is more particularly described as follows:
That approximately 16.08 acres being a portion of that land lying and being in, the 29th and 31st G.M.D., a portion of Tract N-4 and surrounding marshland, Camden County, Georgia, and that portion only as shown on a drawing furnished by Okefenokee Rural Electric Membership Corporation, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 55. That the above-described easement area shall be used only for the purposes of constructing, installing, operating, and maintaining the electrical transmission lines and associated equipment.

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

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SECTION 57. That, after Okefenokee Rural Electric Membership Corporation has put into use the 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, Okefenokee Rural Electric Membership Corporation, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the electrical transmission lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 58. That no title shall be conveyed to Okefenokee Rural Electric Membership Corporation and, except as herein specifically granted to Okefenokee Rural Electric Membership Corporation, 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 Okefenokee Rural Electric Membership Corporation.

SECTION 59. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state 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 Okefenokee Rural Electric Membership Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Okefenokee Rural Electric Membership Corporation provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Okefenokee Rural Electric Membership Corporation or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 60. That the easement granted to Okefenokee Rural Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties

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Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 61. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department 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. Okefenokee Rural Electric Membership Corporation shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 62. That the consideration for such easement shall be $12,100.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 63. That this grant of easement shall be recorded by Okefenokee Rural Electric Membership Corporation in the Superior Court of Camden County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 64. That the authorization to grant the above-described easement to Okefenokee Rural Electric Membership Corporation 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.

ARTICLE VI SECTION 66.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Camden County, Georgia and is commonly known as the Camden County Campus of the Coastal Pines Technical College; and the property is in the custody of the Technical College System of Georgia which, by official action dated November 5, 2020, does not object

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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 Southern Company Gas, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground gas distribution lines to serve the TCSG-265 classroom and library building. Said easement area is located in Camden County, and is more particularly described as follows:
That approximately 0.28 of an acre, being a portion of that land lying and being in 1606th G.M.D., Camden County, Georgia, and that portion only as shown on a drawing furnished by Southern Company Gas, 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 only for the purposes of constructing, installing, operating, and maintaining underground gas distribution lines.

SECTION 69. That Southern Company Gas 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 Southern Company Gas 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, Southern Company Gas, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underground gas distribution lines shall become the property of the State of Georgia, or its successors and assigns.

SECTION 71. That no title shall be conveyed to Southern Company Gas and, except as herein specifically granted to Southern Company Gas, 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 Company Gas.

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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 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 Southern Company Gas 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 Company Gas provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Southern Company Gas 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 Southern Company Gas shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 74. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department 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 Company Gas shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 75. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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SECTION 76. That this grant of easement shall be recorded by Southern Company Gas in the Superior Court of Camden County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 77. That the authorization to grant the above-described easement to Southern Company Gas 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 Carroll County, Georgia, and is commonly known as the West Georgia Technical College; and the property is in the custody of the Technical College System of Georgia which, by official action dated February 17, 2021, 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 Carroll Electric Membership Corporation, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground electrical distribution lines and associated equipment to serve the new campus of the West Georgia Technical College, TCSG-349. Said easement area is located in Carroll County, and is more particularly described as follows:
That approximately 1.36 acres, lying and being in Land Lots 67 and 68, 10th District, Carroll County, Georgia, and that portion only as shown on a survey furnished by Carroll Electric Membership Corporation, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 81. That the above-described easement area shall be used only for the purposes of constructing, installing, operating, and maintaining underground electrical distribution lines and associated equipment.

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SECTION 82. That Carroll Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of underground electrical distribution lines and associated equipment.

SECTION 83. That, after Carroll Electric Membership Corporation has put into use the underground electrical distribution 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, Carroll Electric Membership Corporation, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underground electrical distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 84. That no title shall be conveyed to Carroll Electric Membership Corporation and, except as herein specifically granted to Carroll Electric Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Carroll Electric Membership Corporation.

SECTION 85. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state 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 Carroll Electric Membership Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Carroll Electric Membership Corporation provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Carroll Electric Membership Corporation or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

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SECTION 86. That the easement granted to Carroll Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 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. Carroll Electric Membership Corporation shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 88. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 89. That this grant of easement shall be recorded by Carroll Electric Membership Corporation in the Superior Court of Carroll 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 Carroll Electric Membership Corporation shall expire three years after the date that this resolution becomes effective.

SECTION 91. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE VIII SECTION 92.

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, Coastal

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Resources Division which, by official action dated February 25, 2021, 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 International Paper Port Wentworth Facility, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain an underwater diffuser at the outfall location to mitigate frequent manatee interactions. Said easement area is located in Chatham County, and is more particularly described as follows:
That approximately 0.15 of an acre of water bottoms in the Savannah River, lying and being in Chatham County, Georgia, and that portion only as shown on a drawing furnished by International Paper, 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 only for the purposes of constructing, installing, operating, and maintaining an underwater diffuser.

SECTION 95. That, after International Paper has put into use the underwater diffuser 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, International Paper, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underwater diffuser shall become the property of the State of Georgia, or its successors and assigns.

SECTION 96. That no title shall be conveyed to International Paper and, except as herein specifically granted to International Paper, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to International Paper.

SECTION 97. 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 use or intended use of the easement area, it may grant a substantially equivalent nonexclusive

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easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and International Paper 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, International Paper provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from International Paper 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 98. That the easement granted to International Paper shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 99. International Paper shall obtain any and all required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 100. That the consideration for such easement shall for be a fair market value not less than $650.00, the agreement by International Paper to seek any necessary permits through, and otherwise comply with, the Coastal Marshlands Protection Act of 1970, O.C.G.A. 12-5-280, et seq., and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 101. That this grant of easement shall be recorded by International Paper in the Superior Court of Chatham County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 102. That the authorization in this resolution to grant the above-described easement to International Paper shall expire three years after the date that this resolution becomes effective.

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SECTION 103. 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 104. 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 Convention Center; and the property is in the custody of the Georgia Department of Economic Development which does not object to the granting of an easement; and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 105. 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 lines to serve the Savannah Trade Center. Said easement area is located in Chatham County, and is more particularly described as follows:
That approximately 0.28 of an acre, lying and being in the 8th G.M.D., Chatham County, Georgia, and that portion only as shown on a drawing furnished by 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 106. That the above-described easement area shall be used only for the purposes of constructing, installing, operating, and maintaining underground gas lines.

SECTION 107. 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 lines.

SECTION 108. That, after Atlanta Gas Light has put into use the underground gas 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 their facilities from the easement area or leaving

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the same in place, in which event the underground gas lines shall become the property of the State of Georgia, or its successors and assigns.

SECTION 109. 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 110. 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 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 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 is 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 111. 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 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 112. 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

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

SECTION 114. 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 115. That the authorization to grant the above-described easement to Atlanta Gas Light shall expire three years after the date that this resolution becomes effective.

SECTION 116. 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 X SECTION 117.

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 Convention Center; and the property is in the custody of the Georgia Department of Economic Development which does not object to the granting of an easement; and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 118. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Savannah, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground water and sanitary sewer lines and associated equipment to serve the Savannah Trade Center. Said easement area is located in Chatham County, and is more particularly described as follows:
That approximately 0.38 of an acre, lying and being in the 8th G.M.D., Chatham County, Georgia, and that portion only as shown on a drawing furnished by the City of Savannah, and being on file in the offices of the State Properties Commission and may be more

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particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 119. That the above-described easement area shall be used only for the purposes of constructing, installing, operating, and maintaining underground water and sanitary sewer lines and associated equipment.

SECTION 120. That the City of Savannah 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 water and sanitary sewer lines and associated equipment.

SECTION 121. That, after the City of Savannah has put into use the underground water and sanitary sewer 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, the City of Savannah, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underground water and sanitary sewer lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 122. That no title shall be conveyed to the City of Savannah and, except as herein specifically granted to the City of Savannah, 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 Savannah.

SECTION 123. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the City of Savannah 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

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commenced, the City of Savannah provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from the City of Savannah 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 124. That the easement granted to the City of Savannah shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 125. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. The City of Savannah shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 126. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 127. That this grant of easement shall be recorded by the City of Savannah in the Superior Court of Chatham County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 128. That the authorization to grant the above-described easement to the City of Savannah shall expire three years after the date that this resolution becomes effective.

SECTION 129. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

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ARTICLE XI SECTION 130.

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 Savannah Convention Center; and the property is in the custody of the Georgia Department of Economic Development which does not object to the granting of an easement; and, in all matters relating to the easement, the State of Georgia is acting by and through its State Properties Commission.

SECTION 131. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain electrical transmission lines and associated equipment to serve the Savannah Trade Center. Said easement area is located in Chatham County, and is more particularly described as follows:
That approximately 0.27 of an acre, lying and being in the 8th G.M.D., Chatham County, Georgia, and that portion only as shown on a drawing furnished by the Georgia Power Company, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 132. That the above-described easement area shall be used only for the purposes of constructing, installing, operating, and maintaining electrical transmission lines and associated equipment.

SECTION 133. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of said electrical transmission lines and associated equipment.

SECTION 134. That, after Georgia Power Company has put into use the 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 their facilities from the easement area or leaving the same in place, in which event the electrical transmission lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 135. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area 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 Georgia Power Company.

SECTION 136. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 137. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 138. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. Georgia Power Company shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

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SECTION 139. That, given the public purpose of the project, the consideration for such easement shall be $10.00, the abandonment and conveyance of a relocated easement area to the state, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 140. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Chatham County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 141. That the authorization to grant the above-described easement to the Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 142. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XII SECTION 143.

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 Wormsloe Historic Site; and the property is in the custody of the Georgia Department of Natural Resources which, by official action dated May 19, 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 144. That the State of Georgia, acting by and through its State Properties Commission, may grant to AT&T, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain aerial and underground communications cables to serve the Wormsloe Visitor Center and the UGA Center for Research and Education buildings on the south end of the property. Said easement area is located in Chatham County, and is more particularly described as follows:
That approximately 3.24 acres, lying and being in 1st District, Chatham County, Georgia, and that portion only as shown on a drawing furnished by AT&T, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

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SECTION 145. That the above-described easement area shall be used only for the purposes of constructing, installing, operating, and maintaining the aerial and underground communications cables.

SECTION 146. That AT&T 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 aerial and underground communications cables.

SECTION 147. That, after AT&T has put into use the aerial and underground communications 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, AT&T, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the aerial and underground communications cables shall become the property of the State of Georgia, or its successors and assigns.

SECTION 148. That no title shall be conveyed to AT&T and, except as herein specifically granted to AT&T, 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 AT&T.

SECTION 149. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state 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 AT&T 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, AT&T provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from AT&T or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

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SECTION 150. That the easement granted to AT&T shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 151. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. AT&T shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 152. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 153. That this grant of easement shall be recorded by AT&T in the Superior Court of Chatham County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 154. That the authorization to grant the above-described easement to AT&T shall expire three years after the date that this resolution becomes effective.

SECTION 155. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XIII SECTION 156.

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 GBI Special Operations Building - Coastal Region; and the property is in the custody of the Georgia Bureau of Investigation which, by official action dated September 10, 2020, does not object to the

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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 157. 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 distribution lines and transformer to serve their new Special Operations Building. Said easement area is located in Chatham County, and is more particularly described as follows:
That approximately 0.09 of an acre, lying and being in the 8th G.M.D., Chatham 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 158. That the above-described easement area shall be used only for the purposes of constructing, installing, operating, and maintaining the underground electrical distribution lines and transformer.

SECTION 159. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of said underground electrical distribution lines and transformer.

SECTION 160. That, after Georgia Power Company has put into use the underground electrical distribution lines and transformer 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 their facilities from the easement area or leaving the same in place, in which event the underground electrical distribution lines and transformer shall become the property of the State of Georgia, or its successors and assigns.

SECTION 161. 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

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inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 162. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Georgia Power Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the underground electrical distribution lines and transformer without cost, expense, or reimbursement from the State of Georgia.

SECTION 163. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 164. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. 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 165. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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SECTION 166. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Chatham County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 167. That the authorization to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 168. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XIV SECTION 169.

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 Skidaway Island State Park; and the property is in the custody of the Georgia Department of Natural Resources which, by official action dated October 27, 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 170. That the State of Georgia, acting by and through its State Properties Commission, may grant to Comcast or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain high-speed internet and phone cable to serve the new park visitor's center. Said easement area is located in Chatham County, and is more particularly described as follows:
That approximately 0.70 of an acre, lying and being in the 4th District, 6th G.M.D. Chatham County, Georgia, and that portion only as shown on a drawing furnished by Comcast 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 171. That the above-described easement area shall be used only for the purposes of constructing, installing, operating, and maintaining high-speed internet and phone cable.

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SECTION 172. That Comcast shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of said high-speed internet and phone cable.

SECTION 173. That, after Comcast has put into use the high-speed internet and phone cable 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, Comcast, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the high-speed internet and phone cable shall become the property of the State of Georgia, or its successors and assigns.

SECTION 174. That no title shall be conveyed to Comcast and, except as herein specifically granted to Comcast, all rights, title, and interest in and to said easement area 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 Comcast.

SECTION 175. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Comcast shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Comcast provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Comcast 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 high-speed internet and phone cable without cost, expense, or reimbursement from the State of Georgia.

SECTION 176. That the easement granted to Comcast shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State

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of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 177. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. Comcast shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 178. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 179. That this grant of easement shall be recorded by Comcast in the Superior Court of Chatham County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 180. That the authorization to grant the above-described easement to Comcast shall expire three years after the date that this resolution becomes effective.

SECTION 181. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XV SECTION 182.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Glynn County, Georgia, and is commonly known as Sansavilla Wildlife Management Area and Clayhole Swamp Wildlife Management Area; and the property is in the custody of the Georgia Department of Natural Resources which, by official action dated May 19, 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.

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SECTION 183. That the State of Georgia, acting by and through its State Properties Commission, may grant to Glynn County, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain a paved road for access and install culverts for drainage improvement. Said easement area is located in Glynn County, and is more particularly described as follows:
That approximately 13.99 acres being a portion of that property lying and being in 1st District, Glynn County, Georgia, and that portion only as shown on a drawing furnished by the Glynn County, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 184. That the above-described easement area shall be used only for the purposes of constructing, installing, operating, and maintaining a paved road for access and culverts for drainage improvement.

SECTION 185. That Glynn 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 construction, installation, operation, and maintenance of the paved road for access and culverts for drainage improvement.

SECTION 186. That, after Glynn County has put into use the paved road for access and culverts for drainage 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, Glynn County, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the paved road for access and culverts for drainage improvement shall become the property of the State of Georgia, or its successors and assigns.

SECTION 187. That no title shall be conveyed to Glynn County and, except as herein specifically granted to Glynn 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 Glynn County.

SECTION 188. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or

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relocated to an alternate site on state-owned land in order to avoid interference with the state 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 Glynn 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, Glynn County provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Glynn County 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 189. That the easement granted to Glynn County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 190. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. Glynn 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 191. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 192. That this grant of easement shall be recorded by the Glynn County in the Superior Court of Glynn County and a recorded copy shall be promptly forwarded to the State Properties Commission.

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SECTION 193. That the authorization to grant the above-described easement to Glynn County shall expire three years after the date that this resolution becomes effective.

SECTION 194. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XVI SECTION 195.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Harris County, Georgia, commonly known as Franklin D. Roosevelt State Park; and the property is in the custody of the Department of Natural Resources which, by official action dated February 20, 2021, 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 196. That the State of Georgia, acting by and through its State Properties Commission, may grant to CitySwitch II-A, LLC, or its successors and assigns, a nonexclusive easement to access, install, operate, and maintain a tower for telecommunication purposes. Said easement area is located in Harris County and is more particularly described as follows:
That approximately 0.60 of an acre, lying and being in the 3rd District, Harris County, Georgia, and that portion only as shown on a drawing furnished by CitySwitch II-A, 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.

SECTION 197. That the above-described easement area shall be used only for the purpose of accessing, installing, operating, and maintaining a tower for telecommunication purposes.

SECTION 198. That CitySwitch II-A, 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 accessing, installing, operating, and maintaining a tower for telecommunication purposes.

SECTION 199. That, after CitySwitch II-A, LLC, has put into use the tower for telecommunication purposes for which this easement is granted, a subsequent abandonment of the use thereof shall cause

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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, CitySwitch II-A, LLC, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the tower for telecommunication purposes shall become the property of the State of Georgia, or its successors and assigns.

SECTION 200. That no title shall be conveyed to CitySwitch II-A, LLC, and, except as herein specifically granted to CitySwitch II-A, LLC, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to CitySwitch II-A, LLC.

SECTION 201. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state 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 CitySwitch II-A, 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, CitySwitch II-A, LLC, provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from CitySwitch II-A, LLC, 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 202. That the easement granted to CitySwitch II-A, LLC, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 203. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway

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system or of a county with respect to the county road system or of a municipality with respect to the city street system. CitySwitch II-A, LLC, shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 204. That the consideration for such easement shall be for a fair market value not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 205. That this grant of easement shall be recorded by CitySwitch II-A, LLC, in the Superior Court of Harris County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 206. That the authorization in this resolution to grant the above-described easement to CitySwitch II-A, LLC, shall expire three years after the date that this resolution becomes effective.

SECTION 207. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XVII SECTION 208.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Harris County, Georgia, and is commonly known as Franklin D. Roosevelt State Park; and the property is in the custody of the Georgia Department of Natural Resources which, by official action dated February 25, 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 209. That the State of Georgia, acting by and through its State Properties Commission, may grant to Diverse Power Company, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain power lines and associated equipment. Said easement area is located in Harris County, and is more particularly described as follows:

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That approximately 0.69 of an acre, being a portion of that property lying and being in Land Lot 22, 3rd G.M.D., Harris County, Georgia, and that portion shown on a drawing furnished by Diverse Power Company and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 210. That the above-described easement area shall be used only for the purposes of constructing, installing, operating, and maintaining power lines and associated equipment.

SECTION 211. That Diverse 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 construction, installation, operation, and maintenance of the power lines and associated equipment.

SECTION 212. That, after Diverse Power Company has put into use the power 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 Company, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the power lines shall become the property of the State of Georgia, or its successors and assigns.

SECTION 213. That no title shall be conveyed to Diverse Power Company and, except as herein specifically granted to Diverse 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 Diverse Power Company.

SECTION 214. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state 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 Diverse Power Company shall

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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 Company provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Diverse Power 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 215. That the easement granted to Diverse Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 216. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. Diverse 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 217. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and the abandonment and conveyance of approximately 0.83 of an acre easement area to the state and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 218. That this grant of easement shall be recorded by the Diverse Power Company in the Superior Court of Harris County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 219. That the authorization to grant the above-described easement to Diverse Power Company shall expire three years after the date that this resolution becomes effective.

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SECTION 220. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XVIII SECTION 221.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Macon County, Georgia, and is commonly known as Camp John Hope; and the property is in the custody of the Georgia Department of Education which, by official action dated February 26, 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 222. That the State of Georgia, acting by and through its State Properties Commission, may grant to Flint Electric Membership Corporation, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain electrical transmission lines and associated equipment to serve the new caretaker's residence. Said easement area is located in Macon County, and is more particularly described as follows:
That approximately 0.211 of an acre, lying and being in Land Lot 161, 9th District, Macon County, Georgia, and that portion only as shown on an engineering drawing furnished by Flint Electric Membership Corporation, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 223. That the above-described easement area shall be used only for the purposes of constructing, installing, operating, and maintaining electrical transmission lines and associated equipment.

SECTION 224. That Flint Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of electrical transmission lines and associated equipment.

SECTION 225. That, after Flint Electric Membership Corporation has put into use the electrical transmission 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

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assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Flint Electric Membership Corporation, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the electrical transmission lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 226. That no title shall be conveyed to Flint Electric Membership Corporation and, except as herein specifically granted to Flint Electric Membership Corporation, 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 Flint Electric Membership Corporation.

SECTION 227. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Flint Electric Membership Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Flint Electric Membership Corporation provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Flint Electric Membership Corporation or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 228. That the easement granted to Flint Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 229. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway

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system or of a county with respect to the county road system or of a municipality with respect to the city street system. Flint Electric Membership Corporation shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 230. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 231. That this grant of easement shall be recorded by Flint Electric Membership Corporation in the Superior Court of Macon County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 232. That the authorization to grant the above-described easement to Flint Electric Membership Corporation shall expire three years after the date that this resolution becomes effective.

SECTION 233. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XIX SECTION 234.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Montgomery County, Georgia, and is commonly known as Montgomery State Prison; and the property is in the custody of the Georgia Department of Corrections which, by official action dated February 6, 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 235. That the State of Georgia, acting by and through its State Properties Commission, may grant to Altamaha Electric Membership Corporation, or its successors and assigns, an easement to construct, install, operate, and maintain overhead electrical transmission lines and associated equipment to serve a new egg-laying facility. Said easement area is located in Montgomery County, and is more particularly described as follows:

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That approximately 0.12 of an acre, lying and being in 1343rd, and 1757th G.M.D., Montgomery County, Georgia, and that portion only as shown on a survey furnished by Altamaha Electric Membership Corporation, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 236. That the above-described easement area shall be used only for the purposes of constructing, installing, operating, and maintaining overhead electrical transmission lines and associated equipment.

SECTION 237. That Altamaha Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, installation, operation, and maintenance of overhead electrical transmission lines and associated equipment.

SECTION 238. That, after Altamaha Electric Membership Corporation has put into use the overhead 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, Altamaha Electric Membership Corporation, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the overhead electrical distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 239. That no title shall be conveyed to Altamaha Electric Membership Corporation and, except as herein specifically granted to Altamaha Electric Membership Corporation, 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 Altamaha Electric Membership Corporation.

SECTION 240. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state use or intended use of the easement area, it may grant a substantially equivalent nonexclusive

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easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Altamaha Electric Membership Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any installation being commenced, Altamaha Electric Membership Corporation provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Altamaha Electric Membership Corporation or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 241. That the easement granted to Altamaha Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 242. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. Altamaha Electric Membership Corporation shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 243. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 244. That this grant of easement shall be recorded by Altamaha Electric Membership Corporation in the Superior Court of Montgomery County and a recorded copy shall be promptly forwarded to the State Properties Commission.

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SECTION 245. That the authorization to grant the above-described easement to Altamaha Electric Membership Corporation shall expire three years after the date that this resolution becomes effective.

SECTION 246. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XX SECTION 247.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Murray County, Georgia, and is commonly known as Chief Vann House Historic Site; and the property is in the custody of the Georgia Department of Natural Resources which, by official action dated March 24, 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 248. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, an easement to construct, install, operate, and maintain power lines and associated equipment to improve power reliability between Georgia Power Company's Chatsworth and Gravitt substations. Said easement area is located in Murray County, and is more particularly described as follows:
That approximately 0.35 of an acre, lying and being in Land Lot 225, 9th District, 3rd Section, Murray County, Georgia, and that portion only as shown on a drawing furnished by Georgia Power Company, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 249. That the above-described easement area shall be used only for the purposes of constructing, installing, operating, and maintaining power lines and associated equipment.

SECTION 250. 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 power lines and associated equipment.

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SECTION 251. That, after Georgia Power Company has put into use the power 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 their facilities from the easement area or leaving the same in place, in which event the power lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 252. 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 253. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any 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 is for the sole benefit of the State of Georgia. Upon written request from Georgia Power Company or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 254. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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SECTION 255. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. 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 256. That the consideration for such easement shall be for a fair market value not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 257. That this grant of easement shall be recorded by Georgia Power Company in the Superior Court of Murray County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 258. That the authorization to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 259. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XXI SECTION 260.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Paulding and Polk Counties, 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 261. 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

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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 2.48 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 262. That the above-described easement area shall be used only for the purposes of ingress and egress.

SECTION 263. 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 264. 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 their facilities from the easement area or leaving the same in place, in which event the ingress and egress shall become the property of the State of Georgia, or its successors and assigns.

SECTION 265. 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 266. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state 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

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determine to be in the best interest 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 is 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 easement without cost, expense, or reimbursement from the State of Georgia.

SECTION 267. 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 interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 268. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. Ronald Collum shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for his lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in his use of the easement area.

SECTION 269. 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 interest of the State of Georgia.

SECTION 270. That this grant of easement shall be recorded by Ronald Collum in the Superior Courts of Paulding and Polk Counties and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 271. That the authorization to grant the above-described easement to Ronald Collum shall expire three years after the date that this resolution becomes effective.

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SECTION 272. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XXII SECTION 273.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Rabun County, Georgia, commonly known as Tallulah Gorge State Park; and the property is in the custody of the Georgia Department of Natural Resources which, by official action dated May 19, 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 274. That the State of Georgia, acting by and through its State Properties Commission, may grant to Amanda Anne Hall, Margie J. Deer, Sally J. Grose, and Nollie Leigh Motes, collectively, "the Motes Family," or their successors and assigns, a nonexclusive easement to construct, install, operate, and maintain utilities and a road for ingress and egress. Said easement area is located in Rabun County, and is more particularly described as follows:
That approximately 2.02 acres, lying and being in the 9th District, Rabun County, Georgia, and that portion only as shown on a survey furnished by the Motes Family, 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 275. That the above-described easement area shall be used only for the purposes of constructing, installing, operating, and maintaining utilities and a road for ingress and egress.

SECTION 276. That the Motes Family 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 utilities and a road for ingress and egress.

SECTION 277. That, after the Motes Family has put into use the utilities and road for 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, the Motes Family, or

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their successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the utilities and road for ingress and egress shall become the property of the State of Georgia, or its successors and assigns.

SECTION 278. That no title shall be conveyed to the Motes Family and, except as herein specifically granted to the Motes Family, 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 Motes Family.

SECTION 279. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state 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 Motes Family 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 Motes Family provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from the Motes Family 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 280. That the easement granted to the Motes Family shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 281. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. The Motes Family shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for their 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 their use of the easement area.

SECTION 282. That the consideration for such easement shall be for a fair market value not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 283. That this grant of easement shall be recorded by the Motes Family in the Superior Court of Rabun County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 284. That the authorization to grant the above-described easement to the Motes Family shall expire three years after the date that this resolution becomes effective.

SECTION 285. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XXIII SECTION 286.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Talbot County, Georgia, and is commonly known as Big Lazer Wildlife Management Area; and the property is in the custody of the Georgia Department of Natural Resources which, by official action dated February 25, 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 287. That the State of Georgia, acting by and through its State Properties Commission, may grant to Upson Electric Membership Corporation, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground and overhead electrical distribution lines and associated equipment. Said easement area is located in Talbot County, and is more particularly described as follows:
That approximately 1.0 acre, lying and being in the Land Lots 243 and 23, 2nd District, Talbot County, Georgia, and that portion only as shown on a drawing furnished by Upson Electric Membership Corporation, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a

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Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 288. That the above-described easement area shall be used only for the purposes of constructing, installing, operating, and maintaining underground and overhead electrical distribution lines and associated equipment.

SECTION 289. That Upson Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction, installation, operation, and maintenance of the underground and overhead electrical distribution lines and associated equipment.

SECTION 290. That, after Upson Electric Membership has put into use the underground and overhead electrical distribution 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, Upson Electric Membership Corporation, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underground and overhead electrical distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 291. That no title shall be conveyed to Upson Electric Membership Corporation and, except as herein specifically granted to Upson Electric Membership Corporation, 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 Upson Electric Membership Corporation.

SECTION 292. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state 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 Upson Electric Membership Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost

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and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, Upson Electric Membership Corporation provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Upson Electric Membership Corporation or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 293. That the easement granted to Upson Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 294. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. Upson Electric Membership Corporation shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 295. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 296. That this grant of easement shall be recorded by Upson Electric Membership Corporation in the Superior Court of Talbot County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 297. That the authorization to grant the above-described easement to Upson Electric Membership Corporation shall expire three years after the date that this resolution becomes effective.

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SECTION 298. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XXIV SECTION 299.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Troup County, Georgia, and is commonly known as the East Campus of West Georgia Technical College; and the property is in the custody of the Technical College System of Georgia which, by official action dated March 11, 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 300. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of LaGrange or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain telecommunication lines over the East Campus of West Georgia Technical College to serve the campus. Said easement area is located in Troup County, and is more particularly described as follows:
That approximately 2.0 acres, lying and being in the Land Lot 174, 6th District, Troup County, Georgia, and that portion only as shown on a drawing furnished by the City of LaGrange, 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 301. That the above-described easement area shall be used only for the purposes of constructing, installing, operating, and maintaining telecommunication lines.

SECTION 302. That the City of LaGrange 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 telecommunication lines.

SECTION 303. That, after the City of LaGrange has put into use the telecommunication 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 City of LaGrange, or its successors and assigns, shall have the option of removing their facilities from the easement area or

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leaving the same in place, in which event the telecommunication lines shall become the property of the State of Georgia, or its successors and assigns.

SECTION 304. That no title shall be conveyed to the City of LaGrange and, except as herein specifically granted to the City of LaGrange, 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 LaGrange.

SECTION 305. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and the City of LaGrange shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any construction being commenced, the City of LaGrange provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from the City of LaGrange 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 telecommunication lines without cost, expense, or reimbursement from the State of Georgia.

SECTION 306. That the easement granted to the City of LaGrange shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 307. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. The City of LaGrange 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 308. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 309. That this grant of easement shall be recorded by the City of LaGrange in the Superior Court of Troup County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 310. That the authorization to grant the above-described easement to the City of LaGrange shall expire three years after the date that this resolution becomes effective.

SECTION 311. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XXV SECTION 312.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Walton County, Georgia, and is commonly known as Wildlife Resources Division Headquarters at the Walton Fish Hatchery; and the property is in the custody of the Georgia Department of Natural Resources which, by official action dated May 20, 2015, 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 313. That the State of Georgia, acting by and through its State Properties Commission, may grant to Walton Electric Membership Corporation, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain aboveground electrical distribution lines and associated equipment. Said easement area is located in Walton County, and is more particularly described as follows:
That approximately 0.5 of an acre, lying and being in the Land Lot 72, 418th District, Walton County, Georgia, and that portion only as shown on a drawing furnished by Walton Electric Membership Corporation, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a

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Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 314. That the above-described easement area shall be used only for the purposes of constructing, installing, operating, and maintaining aboveground electrical distribution lines and associated equipment.

SECTION 315. That Walton Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction, installation, operation, and maintenance of aboveground electrical distribution lines and associated equipment.

SECTION 316. That, after Walton Electric Membership Corporation has put into use the aboveground electrical distribution 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, Walton Electric Membership Corporation, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the aboveground electrical distribution lines and associated equipment shall become the property of the State of Georgia, or its successors and assigns.

SECTION 317. That no title shall be conveyed to Walton Electric Membership Corporation and, except as herein specifically granted to Walton Electric Membership Corporation, 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 Walton Electric Membership Corporation.

SECTION 318. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Walton Electric Membership Corporation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense without reimbursement by the State of Georgia unless, in advance of any

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construction being commenced, the Walton Electric Membership Corporation provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Walton Electric Membership Corporation or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 319. That the easement granted to Walton Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 320. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. Walton Electric Membership Corporation shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 321. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and the conveyance of approximately 0.41 of an acre of an existing easement to be relocated and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 322. That this grant of easement shall be recorded by Walton Electric Membership Corporation in the Superior Court of Walton County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 323. That the authorization to grant the above-described easement to Walton Electric Membership Corporation shall expire three years after the date that this resolution becomes effective.

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SECTION 324. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XXVI SECTION 325.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Ware County, Georgia, and is commonly known as the Waycross Day Reporting Center; and the property is in the custody of the Georgia Department of Community Supervision which, by official action dated December 10, 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 326. That the State of Georgia, acting by and through its State Properties Commission, may grant to Ware County, or its successors and assigns, an easement to construct, install, operate, and maintain road improvements along RC Davis Road. Said easement area is located in Ware County, and is more particularly described as follows:
That approximately 0.08 of an acre, lying and being in Land Lot 209, 8th Land District, Ware County, Georgia, and that portion only as shown on a survey furnished by Ware County, and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval.

SECTION 327. That the above-described easement area shall be used only for the purposes of constructing, installing, operating, and maintaining road improvements along RC Davis Road.

SECTION 328. That Ware 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 the road improvements along RC Davis Road.

SECTION 329. That, after Ware County has put into use the road improvements along RC Davis Road 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, Ware County, or its successors and assigns, shall have the option of removing their facilities from the easement

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area or leaving the same in place, in which event the road improvements along RC Davis Road shall become the property of the State of Georgia, or its successors and assigns.

SECTION 330. That no title shall be conveyed to Ware County and, except as herein specifically granted to Ware 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 Ware County.

SECTION 331. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state 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 Ware 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 installation being commenced, Ware County provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Ware County 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 332. That the easement granted to Ware County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 333. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. Ware 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.

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SECTION 334. That the consideration for such easement shall be for a fair market value not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 335. That this grant of easement shall be recorded by Ware County in the Superior Court of Ware County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 336. That the authorization to grant the above-described easement to Ware County shall expire three years after the date that this resolution becomes effective.

SECTION 337. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

ARTICLE XXVII SECTION 338.

That the State of Georgia is the owner of the hereinafter described real property lying and being in Washington County, Georgia, and is commonly known as the Oconee Fall Line Technical College; and the property is in the custody of the Technical College System of Georgia which, by official action dated January 20, 2021, 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 339. That the State of Georgia, acting by and through its State Properties Commission, may grant to Southern Company Gas, or its successors and assigns, a nonexclusive easement to construct, install, operate, and maintain underground gas distribution lines to serve the TCSG-342a Transportation Center. Said easement area is located in Washington County, and is more particularly described as follows:
That approximately 1.06 acres, lying and being in 17th District, and 1488th GMD, Washington County, Georgia, and that portion only as shown on a drawing furnished by Southern Company Gas, 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 340. That the above-described easement area shall be used only for the purposes of constructing, installing, operating, and maintaining underground gas distribution lines.

SECTION 341. That Southern Company Gas 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 gas distribution lines.

SECTION 342. That, after Southern Company Gas 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, Southern Company Gas, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the underground gas distribution lines shall become the property of the State of Georgia, or its successors and assigns.

SECTION 343. That no title shall be conveyed to Southern Company Gas and, except as herein specifically granted to Southern Company Gas, 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 Company Gas.

SECTION 344. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state-owned land in order to avoid interference with the state 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 Southern Company Gas 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 Company Gas provides a written estimate for the cost of such removal and relocation and the State Properties Commission determines, in its sole discretion, that the removal and relocation is for the sole benefit of the State of Georgia. Upon written request from Southern Company Gas or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property

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for the relocation of the facilities without cost, expense, or reimbursement from the State of Georgia.

SECTION 345. That the easement granted to Southern Company Gas shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 346. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Georgia Department of Transportation with respect to the state highway system or of a county with respect to the county road system or of a municipality with respect to the city street system. Southern Company Gas shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area.

SECTION 347. That, given the public purpose of the project, the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

SECTION 348. That this grant of easement shall be recorded by Southern Company Gas in the Superior Court of Washington County and a recorded copy shall be promptly forwarded to the State Properties Commission.

SECTION 349. That the authorization to grant the above-described easement to Southern Company Gas shall expire three years after the date that this resolution becomes effective.

SECTION 350. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement.

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ARTICLE XXVIII SECTION 351.

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

SECTION 352. That all laws and parts of laws in conflict with this resolution are repealed.

Approved May 10, 2021.

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STATE HIGHWAY SYSTEM DEDICATION OF CERTAIN PORTIONS.

No. 299 (House Resolution No. 144).

A RESOLUTION

To dedicate certain portions of the state highway system; to provide for an effective date; and for other purposes.

PART I WHEREAS, the State of Georgia lost one of its finest citizens with the passing of Ms. Kathryn Poff; and

WHEREAS, Ms. Poff was a highly respected educator at Creekside Elementary School, dedicating her time, talents, and energy to challenging and inspiring the future leaders of this state as a music teacher; and

WHEREAS, she gave inspiration to many through her high ideals, morals, and deep concern for others, and the devotion, patience, and understanding she demonstrated to her students were admired by others; and

WHEREAS, she was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example she made of her life, she made this world a better place in which to live; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an intersection in her memory.

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PART II WHEREAS, Mrs. Judy Hill Loftin has long been recognized by the citizens of this state for the vital role that she has played in education and her deep personal commitment to inspiring and shaping the young minds of Georgia; and

WHEREAS, the great-great-granddaughter of local historical figure Mr. Carter Hill, Mrs. Loftin was born and raised on a homestead on Punkin Junction Road and attended Barrow County schools; and

WHEREAS, Mrs. Loftin diligently and conscientiously devoted innumerable hours of her time, talents, and energy challenging and inspiring the future leaders of this state as an educator with the Barrow County School System for 30 years; and

WHEREAS, she served as guidance counselor at Winder Barrow Middle School, Winder Barrow High School, and Bramblett Elementary School; and

WHEREAS, a licensed professional counselor, Mrs. Loftin was a member of the American School Counselors Association and the Georgia School Counselors Association; and

WHEREAS, Mrs. Loftin's commitment to education was recognized with numerous honors and accolades, including Middle School Counselor of the Year for District Nine and Middle School Counselor of the Year for the State of Georgia in 2003; and

WHEREAS, she was an active member of Alpha Delta Kappa, National Association of Educators, Georgia Association of Educators, the Pilot Club of Winder and the Winder Women's Club, and Barrow Regional Medical Center Auxiliary and served as trustee for the Barrow County Historical Society and as a Barrow County Museum docent; and

WHEREAS, a woman of deep and abiding faith, Mrs. Loftin was a 35 year member of the Winder First United Methodist Church where she led the children's choir, taught fifth grade Sunday school, and contributed to the women's circles of the church; 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 III WHEREAS, Mr. Cecil Mathews was known in Ellijay, Georgia, for his innovation and entrepreneurial spirit; and

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WHEREAS, the son of parents with deep roots in Gilmer County, Mr. Mathews' wife, Margaret, was a grocer, providing the local community with quality food and friendly service; and

WHEREAS, he was passionate about fly fishing; an activity made even more enjoyable by the abundance and beauty of the county's natural landscape and the majesty of Turniptown Creek; and

WHEREAS, Mr. Mathews was in the lumber business his entire life, establishing his Ellijay sawmill in October of 1965 after operating other lumber businesses in the area for 15 years; and

WHEREAS, on March 15, 1966, he completed a total electrification of the business, which allowed for streamlining of production and an increase in lumber supply used in the manufacture of furniture and flooring; and

WHEREAS, an innovative feat for its day, the electrification of Mathews' sawmill enabled him to saw over 15,000 feet of lumber per day, with only the grading completed by hand; and

WHEREAS, his foresight contributed to the modernization of the lumber industry and attracted numerous other businesses to the Gilmer County area; 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 IV WHEREAS, the State of Georgia continues to mourn the loss of one of its most distinguished citizens with the passing of Mayor Jimmy Wilbanks on January 3, 2019; and

WHEREAS, a native of Dacula, Georgia, Mayor Wilbanks was a graduate of the Gwinnett County Public School System and the University of Georgia; and

WHEREAS, Mayor Wilbanks was first elected to serve the citizens of Dacula in 1971, ably and adeptly serving for eight years; and

WHEREAS, his leadership and vision were called upon again in 2002 when he was re-elected as the mayor of Dacula, and he was serving his third term at the time of his passing; and

WHEREAS, Mayor Wilbanks served as president of the Gwinnett Municipal Association in 2007 and served as a member of the organization's Legislative Policy Committee; and

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WHEREAS, Mayor Wilbanks also served the people of this state through his employment with the Georgia Emergency Management Agency Disaster Relief for more than 20 years; and

WHEREAS, a man of deep and abiding faith, Mayor Wilbanks was an active member and leader at Hebron Baptist Church; 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 V WHEREAS, Mrs. Dennette Odum Jackson 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 Georgia; and

WHEREAS, Mrs. Jackson made history as the first African American councilwoman for the City of Milledgeville with her election in 1992, a position she held for 12 years; 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 42 years of superlative service at Central State Hospital; and

WHEREAS, her significant organizational and leadership talents were invaluable to numerous organizations such as the Georgia Association of Black Elected Officials, Oconee Community Service Board, AARP, Georgia War Veterans Home Advisory Council, Georgia American Legion Auxiliary, and the Baldwin County Board of Health; and

WHEREAS, her remarkable patience and diplomacy, her keen sense of vision, and her sensitivity to the needs of the citizens of this state earned her the respect and admiration of her colleagues and associates; 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 VI WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the untimely passing of Probate Judge Jon Payne on August 18, 2020; and

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WHEREAS, Judge Payne 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 justice; and

WHEREAS, he served with honor and distinction as a probate judge in Chattooga County for 45 years, winning a special election to fill the office of probate judge in 1975 at just 25 years old; and

WHEREAS, prior to his passing, he oversaw the county's primary election with a smooth transition to the state's new voting machines; and

WHEREAS, Judge Payne exhibited extraordinary devotion to public service, outstanding loyalty, fine leadership, and meticulous attention to detail in all of his duties; and

WHEREAS, he will long be remembered for his commitment to the integrity of democracy and the safeguarding of this state's elections; 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 VII WHEREAS, Dr. Charles Frazier Stanley has long been recognized by the citizens of this state for his leadership within First Baptist Church of Atlanta, and his deep personal commitment to the welfare of all Georgians; and

WHEREAS, he has passionately devoted his entire life to bettering his community and state through ministry, as evidenced by his 51 year tenure as senior pastor of First Baptist Church of Atlanta; and

WHEREAS, Dr. Stanley was born and raised in Dry Fork, Virginia, and was called to ministry at a young age; and

WHEREAS, after receiving a bachelor's degree from the University of Richmond, Dr. Stanley went on to pursue a Master of Divinity from the Southwestern Baptist Theological Seminary, and Master of Theology and Doctor of Theology degrees from Luther Rice Seminary; and

WHEREAS, Dr. Stanley joined First Baptist Church of Atlanta in 1969 and was promoted to senior pastor in 1971, after which he grew the church into a global television and radio ministry, which is now known as In Touch Ministries; and

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WHEREAS, In Touch Ministries has thrived under Dr. Stanley's leadership, as demonstrated by its translation into over 100 languages, availability on 204 satellite networks, and its audience of listeners on over 450 radio stations; and

WHEREAS, in addition to authoring more than 60 books, Dr. Stanley has also achieved the status of New York Times best-selling author; and

WHEREAS, he served two terms from 1984 to 1986 as president of the Southern Baptist Convention, and is a 1988 inductee into the National Religious Broadcasters Hall of Fame; and

WHEREAS, Dr. Stanley is father to Becky Stanley, and to Andy Stanley, who serves as the pastor of North Point Community Church in Alpharetta; and

WHEREAS, in September, 2020, Dr. Stanley announced his transition to pastor emeritus of First Baptist Church of Atlanta after more than 50 years of service and dedication to the gospel; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART VIII WHEREAS, the State of Georgia lost one of its finest citizens and most dedicated law enforcement officers with the untimely passing of Sheriff Philip Street on November 27, 2020; and

WHEREAS, Sheriff Philip Street 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, he served with honor and distinction as Dade County sheriff from 1984 to 2004, longer than any sheriff in that county; and

WHEREAS, under his leadership as sheriff, his department received national recognition for "Operation Sand Storm," which resulted in the arrests and convictions of drug traffickers from Texas to Georgia; and

WHEREAS, even after his service as sheriff ended, Sheriff Street's dedication to public service and criminal justice was evident in his service as a supervisor and captain of the Walker County Jail; and

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WHEREAS, Sheriff Street exhibited extraordinary devotion to public service, outstanding loyalty, fine leadership, and meticulous attention to detail in all of his duties; and

WHEREAS, he will long be remembered for his inspiring commitment to the welfare of others, which stands as a shining example of the positive effect law enforcement professionals have on the lives and well-being of others; and

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

PART IX WHEREAS, the State of Georgia lost one of its finest citizens with the passing of Mr. Charles R. Lusk; and

WHEREAS, a graduate of Rossville High School in Walker County, Mr. Lusk diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state; and

WHEREAS, he served with honor and distinction as president and CEO of both Fort Oglethorpe State Bank and Rossville Bank; and

WHEREAS, his leadership and organizational talents were recognized with numerous awards and accolades, including a Lifetime Service Award from the Community Bankers Association of Georgia and Outstanding Chamber Member Award from the Walker County Chamber of Commerce; and

WHEREAS, Mr. Lusk was an active board member of the Community Bankers Association of Georgia, Independent Bankers Association of America, Walker and Catoosa County Chamber of Commerce, and Greater Chattanooga Christian Services and Children's Home; 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 X WHEREAS, the State of Georgia lost one of its finest citizens with the passing of Sergeant Henry "Gene" Mullis; and

WHEREAS, Sergeant Mullis was born on July 12, 1920, the beloved son of Henry and Georgia Walker Mullis; and

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WHEREAS, a graduate of Gordon Lee Memorial High School in Walker County, Sergeant Mullis served as a guardian of this nation's freedom and liberty in the United States Armed Forces, valiantly and courageously protecting democratic ideals during World War II and the Korean War; and

WHEREAS, during his military career, Sergeant Mullis was recognized with a Purple Heart and two Bronze Stars with Oak Leaf Clusters for valor; and

WHEREAS, Sergeant Mullis survived the Normandy Invasion and the Battle of the Bulge and served as the first walking postman for the City of Chickamauga; and

WHEREAS, a proud and loyal Gordon Lee Memorial trojan, Sergeant Mullis served as the school's correspondent for athletics programs to the Chattanooga Times and the Atlanta Journal, served as secretary and historian for the school's alumni association, and operated the scoreboard at home basketball games for over 53 years; and

WHEREAS, his leadership and organizational talents were instrumental to numerous organizations, including the American Legion Post 271, Older American Center, and Osburn School Cemetery; and

WHEREAS, a man of deep and abiding faith, Sergeant was an active member and deacon at the First Baptist Church in Chickamauga and was a devoted husband to Doris Avery Greene Mullis and father to Lorie Gene Mullis, Senator Jeff Mullis, and Jerry Mullis; 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 XI WHEREAS, the State of Georgia lost one of its finest citizens with the passing of Mr. Henry "Hank" Louis Aaron, Atlanta Braves legend and baseball's homerun king, who passed away on January 22, 2021, at the age of 86; and

WHEREAS, Mr. Aaron was born in Mobile, Alabama, on February 5, 1934, the third of Herbert and Estella Aaron's eight children; and

WHEREAS, a Hall of Famer, Atlanta's first professional sports star, and, in a soft-spoken way, an agent of change in the post-Jim Crow South, Mr. Aaron came to embody Atlanta as he embodied the Braves; and

WHEREAS, nicknamed Hammerin' Hank, Mr. Aaron's record of 755 home runs hardly does justice to his extraordinary career, for he retired with 23 major league records; and

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WHEREAS, he was the all-time RBI leader with 2,297, racked up the most extra-base hits with 1,477, and finished in the top three for at-bats with 12,364, runs with 2,174 (tied with Babe Ruth), games with 3,298, and hits with 3,771; and

WHEREAS, he averaged only 63 strikeouts per season and retired with a career .305 batting average; and

WHEREAS, a 20-time All-Star and a three-time Gold Glove winner, Mr. Aaron won the 1957 National League Most Valuable Player award and was rushed to Cooperstown on the first-ballot in 1982; and

WHEREAS, Mr. Aaron lived in Atlanta, Georgia, where he was considered one of the city's most successful entrepreneurs, owning several car dealerships and Krispy Kreme doughnut franchises; and

WHEREAS, throughout his business career, Mr. Aaron held to his philosophy to help other African Americans succeed; and

WHEREAS, he is survived by his wife Billye; their children Gaile, Hank, Jr., Lary, Dorinda, and Ceci; and his grandchildren; 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 XII WHEREAS, Pastor Billy Edmondson has long been recognized by the citizens of this state for his leadership within Sutallee Baptist Church and his deep personal commitment to the welfare of all Georgians; and

WHEREAS, he has passionately devoted his entire life to bettering his community and state through ministry, as evidenced by his 30 year tenure as senior pastor of Sutallee Baptist Church in White, Georgia; and

WHEREAS, since Pastor Edmondson joined the Sutallee staff in 1991, the church's congregation has grown from 15 members who were meeting in a basement of a building with a tin roof to more than 700 faithful congregants; and

WHEREAS, with deep roots in Canton, Georgia, Pastor Edmondson's grandfather worked at the Canton Mill at age 13 and Pastor Edmondson worked for a local railroad company while attending Reinhardt University and taking Bible classes offered by the Georgia Baptist Convention; and

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WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Marine Corps, valiantly and courageously serving in the Vietnam war; and

WHEREAS, his leadership and vision have been instrumental to numerous organizations, including the Georgia Baptist Mission and the Academy at Double H Ranch; 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 XIII WHEREAS, Senator Fran Millar has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service as a member of the Georgia General Assembly for 20 years; and

WHEREAS, during his distinguished tenure with the General Assembly, Senator Millar championed education, small business, and government accountability; and

WHEREAS, Senator Millar has served with honor and distinction with the Georgia General Assembly, and his vision and unyielding commitment to representing the residents of his district and educating the youth of this state have set the standard for public service; and

WHEREAS, this dedicated public servant was instrumental in the creation of the City of Dunwoody; and

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

PART XIV WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and

WHEREAS, Corporal Mark Prevatt served as a guardian of this nation's freedom and liberty with the United States Marine Corps and made the ultimate sacrifice on October 23, 1983, when he was killed in a terrorist attack upon the Marine barracks in Beruit; and

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WHEREAS, a native of Columbus, Georgia, Corporal Prevatt 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, his selfless service to this nation and unyielding commitment to protecting the people and ideals of the United States will long be remembered and appreciated; and

WHEREAS, Corporal Prevatt 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 bridge in his memory.

PART XV WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. J.A. "Big Jim" Walters on February 22, 2021; and

WHEREAS, a graduate of East Mecklinburg High School, Mr. Walters attended North Carolina State University and was a man with an unparalleled sense of duty to his community and to his country; and

WHEREAS, he served with honor and distinction as president of the James A. Walters Management Company, Inc.; and

WHEREAS, Mr. Walters diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced by his support of the YMCA; and

WHEREAS, his contributions and leadership were recognized by the YMCA with the dedication of the J.A. Walter Family YMCA Center; and

WHEREAS, a lifetime supporter of Lanier Technical College, Mr. Walters presented a $1 million gift to assist the school in opening a new campus location; and

WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness, and by the example he made of his life, he made this world a better place in which to live; and

WHEREAS, a compassionate and generous man, Mr. Walters will long be remembered for his love of family and friendship, and this loyal husband, father, brother, grandfather, and friend will be missed by all who had the great fortune of knowing him; and

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

PART XVI WHEREAS, Dr. Austin Flint 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. Flint 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 member of the board of trustees of Reinhardt University; and

WHEREAS, Dr. Flint and his wife, Bea, have owned a farm in Waleska since 1969; and

WHEREAS, in the fall 2017 and spring 2018, the Flints established a chestnut orchard on their Waleska farm, and Dr. Flint has since arranged an agreement between the American Chestnut Foundation and Reinhardt University to involve Reinhardt students in maintaining the orchard; and

WHEREAS, the orchard now has over 1,500 chestnut trees which are being studied by Dr. Zach Felix, associate professor of biology at Reinhardt University; Dr. Martin Cipollini, professor of biology at Berry College; and the American Chestnut Foundation; and

WHEREAS, the collaborative research project serves not only as a great opportunity for students but as a new future for the American chestnut; 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 XVII WHEREAS, Mr. Jerry Shearin has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service as a member of the State Transportation Board representing District 14 and as Chairman of the Paulding County Board of Commissioners from 2001 to 2008; and

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WHEREAS, a native of Atlanta, Georgia, Mr. Shearin graduated from Miami Palmetto Senior High School and Auburn University; and

WHEREAS, Mr. Shearin is an entrepreneurial leader in Dallas, Georgia, as an owner-operator of McAdams Insurance Agency, Shearinco Enterprises, Inc., and Shearin Properties, LLC; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART XVIII WHEREAS, Mr. David Morris Anderson, Sr., was born on September 6, 1935, in Armour, South Dakota, the beloved son of Kuipers Francis Anderson and Barbara Jeanette Dalton Anderson; and

WHEREAS, Mr. Anderson grew up in Coral Gables, Florida, graduated from Coral Gables High School, and attended the University of Florida where he was a member of Beta Theta Pi fraternity; and

WHEREAS, after two years as a Florida Gator, Mr. Anderson was offered a scholarship to play basketball at Piedmont College in Demorest, Georgia, where he completed his bachelor's degree; and

WHEREAS, Mr. Anderson taught chemistry and biology at North Hall High School before earning a Master's in Divinity degree from Columbia Theological Seminary; and

WHEREAS, he worked as a life insurance agent, serving as president of Life Leaders of Georgia, qualifying many times for the Million Dollar Roundtable, and was the leading agent for several different insurance companies; and

WHEREAS, his greatest and proudest accomplishment was the creation of Mexico Lindo newspaper, the community's only bilingual newspaper for the Spanish-speaking community, which he co-founded with his beautiful and loving wife, Haydee, in 1990, and published for 22 years until his passing; and

WHEREAS, in 2003, the newspaper received the Georgia School Boards Association 2003 Beacon Award, which recognizes news media organizations whose coverage over time has created understanding of public education issues by informing the general public about programs, policies, and issues affecting the public schools, students, and communities; and

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

PART 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, Navy Lieutenant Commander Hugh Lester Campbell served as a guardian of this nation's freedom and liberty with the United States Navy and served on the U.S.S. Arizona and U.S.S. Sumner and commanded three ships during World War II; and

WHEREAS, a native of La Fayette, Georgia, Lieutenant Commander Campbell demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice his own personal safety and comfort to ensure the well-being of his fellow man; and

WHEREAS, he was serving as a boatswain's captain on the U.S.S. Sumner during the attack on Pearl Harbor, where he was able to shoot down the first Japanese attacking plane that was on a torpedo run for the battleship U.S.S. California; and

WHEREAS, Lieutenant Commander Campbell was awarded the Purple Heart for his actions during the attack on Pearl Harbor and continued to serve in the Navy until 1957, devoting 24 years of service to this nation; and

WHEREAS, he returned to Walker County to serve as the county surveyor for many years until his passing in 1993; and

WHEREAS, Lieutenant Commander Campbell 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 XX WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and

WHEREAS, United States military veterans have demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice their own personal safety and comfort to ensure the well-being of their fellow man; and

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WHEREAS, they have served as guardians of this nation's freedom and liberty and have diligently and conscientiously undergone intensive and rigorous training in order to serve their country with honor and distinction during times of war and peace; and

WHEREAS, it is important that veterans are thanked for their selfless service to this nation and honored for their unyielding commitment to protecting the people and ideals of the United States; and

WHEREAS, veterans embody the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of these remarkable and distinguished Americans be honored appropriately.

PART XXI NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection at State Route 49 and Blandy Road in Baldwin County is dedicated as the Kathryn Poff Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the interchange at SR81 and SR316/US29 in Barrow County is dedicated as the Judy Hill Loftin, LPC Memorial Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 515 at Turniptown Creek in Gilmer County is dedicated as the Cecil Mathews Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 8 from the Gwinnett/Barrow County line to Cedars Road in Gwinnett County is dedicated as the Jimmy Wilbanks Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 22 adjacent to 603 West Montgomery Street in Baldwin County is dedicated as the Dennette Odum Jackson Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the intersection at US 27 and Washington Street in Chattooga County is dedicated as the Probate Judge Jon Payne Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Interstate 285 from 1/2 mile east and 1/2 mile west of the North Peachtree Road Interchange in DeKalb County is dedicated as the Dr. Charles F. Stanley Highway.

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BE IT FURTHER RESOLVED AND ENACTED that the intersection at SR 299 and US 11 in Dade County is dedicated as the Sheriff Philip Street Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection at Chickamauga Avenue and Spring Street in Walker County is dedicated as the Charles R. Lusk Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the intersection at U.S. 27 and Osburn Road in Walker County is dedicated as the Sergeant Henry "Gene" Mullis Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 154 from Polaris Way SW to Interstate 285 in Fulton County is dedicated as the Henry "Hank" Louis Aaron Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 20 from 1/2 mile west to 1/2 mile east of Sutallee Baptist Church in Cherokee County is dedicated as the Pastor Billy Edmondson Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of Interstate 285 from Exit 30 in DeKalb County to the Fulton County line is dedicated as the Senator Fran Millar Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 80 over Baker Creek at the Talbot/Muscogee County line is dedicated as the Corporal Mark Prevatt Memorial Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 365 and Lanier Tech Drive in Hall County is dedicated as the J.A. "Big Jim" Walters Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 108 from 1/2 mile to the east and west of Pleasant Arbor Road in Cherokee County is dedicated as the Dr. Austin Flint Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 61 from north of Old Cartersville Road in Paulding County to the Bartow County line is dedicated as the Chairman Jerry Shearin Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 13 over Flat Creek in Hall County is dedicated as the Dave Anderson Memorial Bridge.

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BE IT FURTHER RESOLVED AND ENACTED that the intersection of U.S. 27 and Round Pond Road in Walker County is dedicated as the Navy Lieutenant Commander Hugh Lester Campbell Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 20 from 1/2 mile East and West of the Georgia National Cemetery in Cherokee County as the Veterans Memorial Highway.

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

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to make appropriate copies of this resolution available for distribution to the Department of Transportation; to the families of Ms. Kathryn Poff, Mrs. Judy Hill Loftin, Mr. Cecil Mathews, Mayor Jimmy Wilbanks, Mrs. Dennette Odum Jackson, Probate Judge Jon Payne, Sheriff Philip Street, Mr. Charles R. Lusk, Sergeant Henry "Gene" Mullis, Mr. Henry "Hank" Louis Aaron, Corporal Mark Prevatt, Mr. J.A. "Big Jim" Walters, Navy Lieutenant Commander Hugh Lester Campbell, and Mr. David Morris Anderson, Sr.; and to Dr. Charles Frazier Stanley, Pastor Billy Edmondson, Senator Fran Millar, Dr. Austin Flint, and Chairman Jerry Shearin.

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

Approved May 10, 2021.

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RESOLUTION SAVANNAH LOGISTICS TECHNOLOGY INNOVATION CORRIDOR; DESIGNATES AS OFFICIAL TECHNOLOGY INNOVATION CORRIDOR IN GEORGIA.

No. 300 (House Resolution No. 248).

A RESOLUTION

Designating the Savannah Logistics Technology Innovation Corridor as an official technology innovation corridor in Georgia; and for other purposes.

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WHEREAS, Georgia's economy would greatly benefit from further growth in the information technology arena; and

WHEREAS, it is highly desirable to review current state incentives as well as opportunities for future incentives for technology growth; and

WHEREAS, it would be beneficial to establish specific information technology corridors in this state, and such corridors would directly foster the growth of information technology and innovation through local collaboration among universities, hospitals, and logistics hubs; and

WHEREAS, it would be advantageous for official corridors to be established for the pursuit of state and federal grants.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Savannah Logistics Technology Innovation Corridor shall be composed of all of Chatham County, Bryan County, Effingham County, Bulloch County, Liberty County, and Screven County.

BE IT FURTHER RESOLVED that the members of this body designate the Savannah Logistics Technology Innovation Corridor as an official technology innovation corridor in the State of Georgia.

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 public and the press.

Approved May 10, 2021.

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RESOLUTION DEDICATES CERTAIN PORTIONS OF STATE HIGHWAY SYSTEM.

No. 301 (Senate Resolution No. 39).

A RESOLUTION

Dedicating certain portions of the state highway system; repealing a certain resolution; repealing conflicting laws; and for other purposes.

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

WHEREAS, she diligently and conscientiously devoted innumerable hours of her time, talents, and energy toward the betterment of her community and state as evidenced dramatically by her decades of public service; and

WHEREAS, a graduate of Dacula High School in Gwinnett County, Mrs. Nash dedicated 27 years to Gwinnett County government prior to her retirement in 2004, serving in roles as grants manager, budget director, director of financial services, and county administrator; and

WHEREAS, upon her retirement, Mrs. Nash went to work for a consulting firm specializing in management and governmental and public strategy; and

WHEREAS, she was elected a chair of the Gwinnett County Board of Commissioners in 2011 where her 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 Gwinnett County earned her the respect and admiration of her colleagues and associates; and

WHEREAS, Mrs. Nash's leadership and guidance have been instrumental to numerous organizations, including the Gwinnett Recreation Authority, Atlanta Regional Commission, Metropolitan North Georgia Water Planning District, Association County Commissioners of Georgia, and the ATL (Atlanta-Region Transit Link); and

WHEREAS, she has been recognized with numerous honors and accolades, including being named to the 100 Most Influential Atlantans list by The Atlanta Business Chronicle every year since 2011 and being included in the 100 Most Influential Georgians by Georgia Trend since 2013; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an interchange in her honor.

PART II WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and

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WHEREAS, a native son of Berrien County, Georgia, Mr. Homer C. Sumner was born on January 17, 1922, and served as a guardian of this nation's freedom and liberty with the United States Army; and

WHEREAS, Mr. Sumner made the ultimate sacrifice for this nation during World War II when he was killed in action at the Battle of the Bulge; and

WHEREAS, Mr. Sumner 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, his selfless service to this nation and unyielding commitment to protecting the people and ideals of the United States will long be remembered and appreciated; and

WHEREAS, Mr. Sumner 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 III WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and

WHEREAS, Mr. Charlie D. Rodgers served as a guardian of this nation's freedom and liberty with the United States Navy and valiantly protected his fellow Americans during World War II; and

WHEREAS, Mr. Rodgers 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, his selfless service to this nation and unyielding commitment to protecting the people and ideals of the United States will long be remembered and appreciated; and

WHEREAS, Mr. Rodgers 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.

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PART IV 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 V WHEREAS, Georgia is composed of miles of rural landscape, historic small towns, and abundant agricultural operations; and

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

WHEREAS, the portions of U.S. Highway 27 to be included in the Georgia Grown Trail 27 wind through seven counties with miles of family owned farms; unique lodging; u-pick farms, farm stands, and hands-on educational farm experiences; farm-to-table restaurants; and establishments dedicated to preserving and sharing local recipes, traditions, and time-honored progressive crop and farming techniques; and

WHEREAS, a group of concerned representatives from each county along U.S. Highway 27 came together with a mission to develop, preserve, and promote unique tourist destinations along the seven-county corridor; and

WHEREAS, the Georgia Grown Trail 27 Association board of directors has a vision to create a unique, memorable driving experience along with residents of Catoosa, Walker, Chattooga, Floyd, Polk, Haralson, and Carroll Counties, including members of the Fort Oglethorpe Tourism Association, Walker County Chamber of Commerce, Chattooga County Chamber of Commerce, Rome's Office of Tourism, the City of Cedartown, Haralson County Chamber

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of Commerce, Carrollton Area Convention and Visitors Bureau, and Villa Rica Convention and Visitors Bureau; and

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

PART VI WHEREAS, current and former members of the American Legion Post 109 in Hartwell, Georgia, have demonstrated a deep personal commitment to serving the community and improving the lives of others through service; and

WHEREAS, they have assembled and shipped care packages to soldiers overseas, provided scholarships for deserving students, and assisted with the needs of veterans in VA hospitals and nursing homes throughout the state; and

WHEREAS, Post 109 supports the Hart County High School J.R.O.T.C. program, purchases gifts at Christmas for local veterans, and supports the American Legion Oratorical contest; and

WHEREAS, committed to showing appreciation to this nation and veterans, Post 109 hosts an annual flag disposal ceremony, places flags on the graves of fallen soldiers on Memorial Day, and produces a Memorial Day celebration at the county courthouse; and

WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of these remarkable and distinguished Americans be honored appropriately.

PART VII WHEREAS, Judge Donald "Hoppy" Royston was born on June 11, 1942, in Madison County, Georgia, was raised in Franklin County, Georgia, and has spent his life serving and loving his community; and

WHEREAS, Judge Royston moved back to Madison County in 1963 after marrying his sweet wife, Patsy, whom he devotedly loved and cared for throughout their almost 55 year marriage, and was blessed with three daughters and two granddaughters; and

WHEREAS, he served as an Election Day poll worker for ten years, including when the county transitioned from paper "bed sheet" ballots to Shoup lever voting machines; and

WHEREAS, Judge Royston was elected Madison County Probate Judge in 1976 and served fairly and impartially not only in court but also in overseeing the conduct and certification of elections as Elections Superintendent for 32 years; and

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WHEREAS, Judge Royston coached Madison County Recreation Department softball for many years; and

WHEREAS, he is a longtime supporter of Madison County High School sports and its student athletes and to this day still tells stories of traveling throughout the state to watch the 1980 Raiderettes basketball team go undefeated and win the AAA State Championship; and

WHEREAS, he is a hard-working and dedicated member and deacon of New Hope Baptist Church located at the corner of State Route 281 and Shirley Road; and

WHEREAS, Judge Royston is a member of The Gideons International and has distributed copies of God's Word in order to plant seeds of faith; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a road in his honor.

PART VIII WHEREAS, our nation's security continues to rely on patriotic men and women who put their personal lives on hold in order to place themselves in harm's way to protect the freedoms that all United States citizens cherish; and

WHEREAS, United States military veterans have demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice their own personal safety and comfort to ensure the well-being of their fellow man; and

WHEREAS, they have served as guardians of this nation's freedom and liberty and have diligently and conscientiously undergone intensive and rigorous training in order to serve their country with honor and distinction during times of war and peace; and

WHEREAS, it is important that veterans are thanked for their selfless service to this nation and honored for their unyielding commitment to protecting the people and ideals of the United States; and

WHEREAS, veterans embody the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of these remarkable and distinguished Americans be honored appropriately.

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PART IX WHEREAS, Dr. Tom Boswell served as a guardian of this nation's freedom and liberty with the United States Air Force and valiantly protected his fellow Americans during World War II; and

WHEREAS, Dr. Boswell enlisted after the bombing of Pearl Harbor when he was in medical school, leaving behind his books and medical career aspirations to fly a B-29 in at least 30 bombing raid missions over Japan and Tinian which paved the way for the Enola Gay to carry the atomic bomb to Japan; and

WHEREAS, his service was recognized with a Distinguished Flying Cross and after the war he and his wife, Jean, moved to Atlanta so he could finish medical school at Crawford Long and later go on to become an obstetrician; and

WHEREAS, in 1952 the couple moved to Pickens County and fell in love with the Tate area where Dr. Boswell opened a clinic to serve his small community, working during the clinic's early years without a day off and putting in 100 hour weeks while the couple and their six month old child lived in two back rooms of the clinic; and

WHEREAS, for years Jean accompanied Dr. Boswell on his house calls and worked in the clinic as a nurse, often working for the pay of a home cooked meal, eggs, chickens, or vegetables, for those who were unable to pay him money; and

WHEREAS, after 12 long years he finally took a family vacation and eventually he became staff at Pickens General Hospital from which he retired in 2000; and

WHEREAS, during his incredible 50 year career, Dr. Boswell delivered numerous current residents of Pickens, Dawson, and Cherokee counties and was known for his selfless and caring nature, never wanting a patient to worry about their ability to pay for his services; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished couple be recognized appropriately by dedicating a road in their memory.

PART X WHEREAS, General Larry Platt has long been recognized for his dedication to the principles of equality and justice and his active involvement in the political process; and

WHEREAS, at three years old, General Platt was shot in the face by the Ku Klux Klan on Asbury Street, leaving him visually impaired, and in 1966, he was run over while riding his bike; and

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WHEREAS, a champion of justice, General Platt was a leader of the Civil Rights Movement alongside Dr. Martin Luther King, Jr., and Reverend Hosea Williams, starting his activism at age 18; and

WHEREAS, he participated in the March on Washington in 1963 to protest for African American workers and in the historic Civil Rights march from Selma to Montgomery on the Edmund Pettus Bridge; and

WHEREAS, he worked with Julian Bond, James Baldwin, and James Farmer in fighting for civil rights and equality; and

WHEREAS, his nickname "General" was given to him by Reverend Hosea Williams for his heroic efforts on behalf of the Civil Rights Movement; and

WHEREAS, he won national attention for his socially conscious and thought-provoking song "Pants on the Ground"; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating a bridge in his honor.

PART XI WHEREAS, Mayor Edna Jackson 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, Mayor Jackson was born on September 18, 1944, in Savannah, Georgia, the beloved daughter of Henry Reid and Georgia Branch Dillard; and

WHEREAS, a graduate of Alfred E. Beach High School, Mayor Jackson earned bachelor's and master's degrees from Savannah State University and was active in the Youth Council of the NAACP, traveling throughout the South while in college to assist in voter registration drives and sit-in demonstrations; and

WHEREAS, Mayor Jackson began her career as a social worker with the Economic Opportunity Authority for Savannah-Chatham County Area and, in 1971, was hired to serve as the director of the emergency school assistant program at Savannah State University, where she also served as the director of alumni affairs and coordinator of the Elderhostel Program before her retirement in 2001; and

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WHEREAS, she began her political career as alderman at large on the City Council of Savannah, serving for three terms, and then served as mayor pro tempore of Savannah for two terms; and

WHEREAS, in 2012, Mayor Jackson became the first African American woman to be elected as mayor of Savannah, serving for one term; and

WHEREAS, she has been recognized with numerous awards and accolades, including the A Working Woman in Need's Top 10 Working Women of the Year Award, Outstanding Alumnus by Savannah State University, and one of the 2012 Power Women by GeorgiaTrend magazine; and

WHEREAS, her leadership has been instrumental to numerous organizations, including as the southern regional vice president and national vice president of Savannah State University and vice chairman of the Chatham County Democratic Executive Committee and World Trade Center Savannah, Chatham County Hospital Authority, Delta Sigma Theta Sorority, St. Phillip A.M.E. Church, the U.S. Selective Board, and the Georgia Advisory Committee for the U.S. Global Leadership Coalition, the Military Academy Selection Committee and the Regional Committee of the U.S. Civil Rights Commission, Savannah Regional Second Harvest Food Bank, and Equal Opportunity Authority; and

WHEREAS, it is abundantly fitting and proper that this remarkable and distinguished Georgian be recognized appropriately by dedicating an interchange in her honor.

PART XII WHEREAS, Representative Bobby Lee Hill has long been recognized by the citizens of this state for the vital role that he played in leadership in this state and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, Representative Hill was born in Tignall, Georgia, and moved to Savannah in 1959, where he became a leader of the community and was known as a man who greatly enriched the lives of those who had the great fortune of knowing him; and

WHEREAS, he served as a member of the Georgia General Assembly for 14 years and was a candidate for mayor of Savannah and Lieutenant Governor; and

WHEREAS, Representative Hill's leadership and counsel were instrumental as an attorney for the NAACP Legal Defense Fund and founder and CEO of the National Legal Network, Inc.; and

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WHEREAS, he served as president of the Georgia Association of Black Elected Officials, Savannah State NAACP, debating society of Savannah State University, and Howard University Law Students; and

WHEREAS, Representative Hill was a member of Alpha Phi Alpha Fraternity, Georgia Trial Lawyers Association, and the Savannah State University Alumni Association; and

WHEREAS, he was recognized with numerous awards and accolades, including Legislator of the Year by the Atlanta Journal-Constitution and Man of the Year by Savannah State University; and

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

PART XIII 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, MSG Mark Allen and SGT Mike Stokely served together as guardians of this nation's freedom and liberty with the Georgia Army National Guard, 108th Cavalry 48th Brigade; and

WHEREAS, these Loganville, Georgia, residents were together on May 15, 2005, when their unit saw heavy enemy action in Iraq's Triangle of Death; and

WHEREAS, on August 16, 2005, at the age of 23, SGT Stokely made the ultimate sacrifice when he was killed in action near Yusufiyah south of Bagdad; and

WHEREAS, despite the tragic loss of his friend SGT Stokely and other members of his platoon, MSG Allen rejoined an infantry unit and was deployed to Afghanistan in 2009 when he sustained a serious head injury in a firefight with enemy forces; and

WHEREAS, after a ten-year battle with his injuries and numerous surgeries, MSG Allen passed away on October 12, 2019; and

WHEREAS, MSG Allen and SGT Stokely demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice their own personal safety and comfort to ensure the well-being of their fellow man; and

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WHEREAS, their selfless service to this nation and unyielding commitment to protecting the people and ideals of the United States will long be remembered and appreciated; and

WHEREAS, MSG Allen and SGT Stokely embodied the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that these remarkable and distinguished Georgians be recognized appropriately by dedicating a road in their memory.

PART XIV WHEREAS, Mr. Bradley Scott "Brad" Vines has long been recognized by the citizens of this state for the vital role that he played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service to Haralson County as a District 4 county commissioner; and

WHEREAS, a 1986 graduate of Haralson County High School, Mr. Vines was known as a friend to the farmers of Haralson County, and he embodied the entrepreneurial spirit of America as a small business owner; and

WHEREAS, Mr. Vines was a devoted husband to his wife Suzy, a loving father to his sons and daughters-in-law, and an adoring grandfather to his grandchildren; and

WHEREAS, a man of deep and abiding faith, Mr. Vines was a faithful member of West View Missionary Baptist Church; 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 XV WHEREAS, Historically Black Colleges and Universities (HBCUs) are institutions of higher education in the United States that were established before the Civil Rights Act of 1964, with the intention of primarily serving the African American community; and

WHEREAS, for more than 100 years, HBCUs have been educating minorities, giving them economic opportunities, and instilling great values; and

WHEREAS, Morehouse School of Medicine's past presidents include: Louis W. Sullivan, James A. Goodman, James Gavin III, David Satcher, John Maupin, and Valerie Montgomery Rice; and

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WHEREAS, Spelman College's past presidents include: Sophia B. Packard, Harriet E. Giles, Lucy Hale Tapley, Florence M. Read, Albert E. Manley, Donald M. Stewart, Johnnetta B. Cole, Audrey F. Manley, and Beverly Daniel Tatum; and

WHEREAS, Morehouse College, founded by William Jefferson White, has been led by past presidents: Joseph T. Robert, Samuel T. Graves, George Sale, John Hope, Samuel H. Archer, Benjamin E. Mays, Hugh Gloster, Leroy Keith, Walter E. Massey, Robert Michael Franklin, John Silvanus Wilson, Jr., and David Thomas; and

WHEREAS, Morris Brown College, founded by Wesley John Gaines, has been led by past presidents: A. St. George Richardson; James M. Henderson; J.S. Flipper; E.W. Lee; W.A. Fountain, Sr.; John H. Lewis; William A. Fountain, Jr.; Edward C. Mitchell; Frank Cunningham; John A. Middleton; Robert Threatt; Calvert H. Smith; Samuel D. Jolley, Jr.; Delores E. Cross; Charles E. Taylor; Stanley J. Pritchett, Sr.; and Kevin E. James; and

WHEREAS, the presidents of Morehouse School of Religion include: Oswald Perry Bronson, Samuel Howard Archer, Charles Du Bois Hubert, Lucius M. Tobin, Melvin H. Watson, Levi M. Temil, Lucius M. Tobin, G. Murray Branch, W.R. McCall, Charles S. Hamilton, Bobby Joe Saucer, Edward Wheeler, Edward R. Davie, Hezekia Benton, William T. Perkins, Gerald M. Young, F. Keith Slaughter, and Joseph Evans; and

WHEREAS, Clark Atlanta University past presidents include: Thomas W. Cole, Jr., Walter D. Broadnax, Carlton E. Brown, Ronald A. Johnson, Lucille H. Maug, and George T. French, Jr.; and

WHEREAS, it is abundantly fitting and proper that these remarkable and distinguished Georgians be recognized appropriately by dedicating a bridge in their honor.

PART XVI NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection at State Route 316 and Harbins Road in Gwinnett County is dedicated as the Charlotte Nash Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 125 from Hillcrest Drive to Lenox-Alapaha Road in Berrien County is dedicated as the Homer C. Sumner Memorial Highway, WWII-KIA in the Battle of the Bulge.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 125 from the Tift County line to Hillcrest Drive in Berrien County is dedicated as the Charlie D. Rodgers Memorial Highway.

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BE IT FURTHER RESOLVED AND ENACTED that the intersection of State Route 101 and Preacher Smith Road in Floyd County is dedicated as the Private Carl Clifton Evans Memorial Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of U.S. Highway 27 from the Georgia/Tennessee state line to the Carroll County/Heard County line is dedicated as the Georgia Grown Trail 27.

BE IT FURTHER RESOLVED AND ENACTED that the intersection of US 29 and Golf Course Road/Industrial Park Road in Hart County is dedicated as the American Legion Post 109 Intersection.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 281 from US 29 to State Route 191 in Madison County is dedicated as the Judge Donald "Hoppy" Royston Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of US 29 from State Route 8/Royston Bypass to the Hartwell city limits in Hart County is dedicated as the Veterans Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 108 from the Pickens/Cherokee County line to State Route 515 in Pickens County is dedicated as the Dr. Tom and Jean Boswell Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the bridge on State Route 166 over Delowe Drive in Fulton County is dedicated as the General Larry Platt Bridge.

BE IT FURTHER RESOLVED AND ENACTED that the interchange at Interstate 516 and Veterans Parkway in Chatham County is dedicated as the Mayor Edna Jackson Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the interchange of Interstate 16 and Interstate 516 in Chatham County is dedicated as the Representative Bobby L. Hill Interchange.

BE IT FURTHER RESOLVED AND ENACTED that the portion of State Route 81 from US 78 to the Newton County line is dedicated as the MSG Mark Allen and SGT Mike Stokely Memorial Highway.

BE IT FURTHER RESOLVED AND ENACTED that the portion of US 78 from Pine Grove Road to the Georgia/Alabama state line in Haralson County is dedicated as the Commissioner Bradley Scott "Brad" Vines Memorial Highway.

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BE IT FURTHER RESOLVED AND ENACTED that the bridge on Interstate 20 on Lee Street/Exit 55 in Fulton County is dedicated as the HBCU Presidents' HERO Bridge.

BE IT FURTHER RESOLVED AND ENACTED that Part XIX and the nineteenth undesignated paragraph of Part XXIII of Senate Resolution 844 (Ga. L. 2020, p. 832) are hereby repealed.

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 Commissioner Charlotte Nash, Judge Donald "Hoppy" Royston, General Larry Platt, and Mayor Edna Jackson; and to the families of Mr. Homer C. Sumner, Mr. Charlie D. Rodgers, Mr. Carl Evans, Dr. Tom and Jean Boswell, Representative Bobby L. Hill, MSG Mark Allen and SGT Mike Stokely, and Mr. Bradley Scott "Brad" Vines.

Approved May 10, 2021.

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RESOLUTION JOINT STUDY COMMITTEE ON AIRPORT INFRASTRUCTURE AND IMPROVEMENTS; CREATION.

No. 302 (Senate Resolution No. 84).

A RESOLUTION

Creating the Joint Study Committee on Airport Infrastructure and Improvements; and for other purposes.

WHEREAS, the current and future economic health of Georgia relies on thriving airports and an efficient air travel industry; and

WHEREAS, Georgia needs a comprehensive, strategic business plan to develop state-wide infrastructure for airports in order for this state to remain economically competitive and to remain a leader in the movement of goods and persons; and

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WHEREAS, a study is needed to determine the best course of action with regard to funding and policy development relating to airports to ensure that action taken over the next several years will result in the growth and support of this critical industry; and

WHEREAS, it is important that such study further emphasizes creating efficiency and coordination among Georgia's air service providers and aviation industry in an effort to offer solutions to improve mobility; 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.

NOW, THEREFORE, BE IT RESOLVED BY THE GEORGIA GENERAL ASSEMBLY: (1) Creation of joint study committee. There is created the Joint Study Committee on Airport Infrastructure and Improvements. (2) Members and officers. The committee shall consist of the following members: (A) Four members of the Senate appointed by the President of the Senate, including the chairperson of the Senate Transportation Committee; (B) Four 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) Two members appointed by the President of the Senate with expertise in operation of an airport and with one appointee being a resident of a designated tier 1 county and the other appointee being a resident of a designated tier 4 county; (D) Two members appointed by the Speaker of the House of Representatives with expertise in operation of an airport and with one appointee being a resident of a designated tier 2 county and the other appointee being a resident of a designated tier 3 county; (E) The commissioner of transportation or his or her designee, ex officio; (F) The commissioner of economic development or his or her designee, ex officio; (G) The president of the Georgia Airports Association or his or her designee, ex officio; and (H) The president of the Georgia Chamber of Commerce or his or her designee, ex officio. The chairpersons of the Senate Transportation Committee and the House Committee on Transportation shall serve as cochairpersons of the committee. (3) Powers and duties. The committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate.

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(4) Meetings. The cochairpersons shall call all meetings of the committee. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. (5) Allowances, expenses, and funding.
(A) The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. (B) Members of the committee who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the committee, but they may be reimbursed for expenses incurred by them in the performance of their duties as members of the committee in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. (C) Members of the committee who are not legislators, state officials, or state employees shall receive a daily expense allowance in an amount the same as that specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated, as well as the mileage or transportation allowance authorized for state employees. (D) The allowances and expenses authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. Funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the 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 committee adopts any specific findings or recommendations that include suggestions for proposed legislation, the cochairpersons shall file a report of the same prior to the date of abolishment specified in this resolution, subject to subparagraph (C) of this paragraph. (B) In the event the committee adopts a report that does not include suggestions for proposed legislation, the cochairpersons shall file the report, subject to subparagraph (C) of this paragraph. (C) No report shall be filed unless the same has been approved prior to the date of abolishment specified in this resolution by majority vote of a quorum of the committee. A report so approved shall be signed by the cochairpersons of the committee and filed with the Secretary of the Senate and the Clerk of the House of Representatives.

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(D) In the absence of an approved report, the cochairpersons may file with the Secretary of the Senate and the Clerk of the House of Representatives copies of the minutes of the meetings of the committee in lieu thereof. (7) Abolishment. The committee shall submit the report and proposal required by paragraph (6) not later than December 31, 2021, at which time such proposal shall be published and the committee shall stand abolished.

Approved May 10, 2021.

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RESOLUTION GEORGIA COMMISSION ON E-COMMERCE AND FREIGHT INFRASTRUCTURE FUNDING; CREATION.

No. 303 (Senate Resolution No. 102).

A RESOLUTION

Creating the Georgia Commission on E-Commerce and Freight Infrastructure Funding; and for other purposes.

WHEREAS, the current and future economic health of Georgia relies on a thriving and productive freight and logistics industry; and

WHEREAS, Georgia needs a comprehensive, strategic business plan to develop state-wide freight and logistics infrastructure in order for this state to remain economically competitive; and

WHEREAS, the Georgia Commission on Freight and Logistics met throughout 2019 and 2020 and produced an excellent summary of Georgia's freight and logistics future; and

WHEREAS, the COVID-19 pandemic has significantly accelerated the growth of e-commerce in our nation and in our state; and

WHEREAS, our state's future economic growth is significantly dependent upon our ability to react to this growth appropriately; and

WHEREAS, the Georgia Commission on Freight and Logistics established that for future economic success, the state needs to invest an additional $1.5 billion annually in our freight and logistics infrastructure; and

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WHEREAS, a professional study is needed to determine the best course of action with regard to funding and policy development relating to freight and logistics to ensure that action taken over the next several years will result in the growth and support of this important industry; and

WHEREAS, it is important that such study further emphasize safety for our state's commuters, access for employees and employers, and speed and efficiency of commerce; and

WHEREAS, such study may analyze the benefits of developing alternative freight routes as a means of improving regional transportation and transportation throughout this state generally; and

WHEREAS, subject to availability of funds appropriated to the budget of the Georgia Department of Transportation, such study may include a contract for the provision of private consulting and any other services deemed necessary for purposes of addressing the goals and objectives identified in this resolution; and

WHEREAS, any professionals retained to assist in analysis or consultation pursuant to this resolution shall be professionals in economics, freight, or logistics analysis, with global or national prominence in the following areas:
(1) Working with multiple freight and logistics providers; (2) Delivering freight and logistics strategy for multi-jurisdictional 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; (5) Knowledge and proven experience in strategic development; and (6) Proficiency in engaging consumers for purposes of developing research, quantifying data trends, and analyzing the current marketplace.

NOW, THEREFORE, BE IT RESOLVED BY THE GEORGIA GENERAL ASSEMBLY: (1) Creation of joint commission. There is created the Georgia Commission on E-Commerce and Freight Infrastructure Funding. (2) Members and officers. The commission shall consist of the following members: (A) Four members of the Senate appointed by the President of the Senate, including the chairperson of the Senate Transportation Committee; (B) Four 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) Two members appointed by the President of the Senate who represent entities which provide freight and logistics services; possess expertise in the operations of a

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major airport hub; or lead a major commodity shipper, major air shipping provider, or major manufacturing operation based in this state; (D) Two 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) The commissioner of transportation, ex officio; and (F) The executive director of the Georgia Ports Authority, ex officio. The President of the Senate and the Speaker of the House of Representatives 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. (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

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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 pursuant to paragraph (6) not later than December 31, 2021, at which time such proposal shall be published and the commission shall stand abolished.

Approved May 10, 2021.

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GENERAL PROVISIONS GENERAL ASSEMBLY PORTIONS OF CODE WHICH HAVE EFFECT OF LAW; STATE CONTENT; SUPPLEMENTARY CONTENT; CLARIFIES.

No. 306 (Senate Bill No. 238).

AN ACT

To amend Chapter 1 of Title 1 of the Official Code of Georgia Annotated, relating to general provisions, so as to revise provisions relating to the enactment of the Official Code of Georgia Annotated; to clarify the portions of the Code which have the effect of law; to clarify the matter included in the Code that does not have the effect of law; to amend Chapter 9 of Title 28 of the Official Code of Georgia Annotated, relating to the Code Revision Commission, so as to clarify the oversight of the commission with respect to state content; to clarify the oversight of the commission with respect to supplementary content; to revise a provision relating to copyright of the Code; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 1 of the Official Code of Georgia Annotated, relating to general provisions, is amended by revising Code Section 1-1-1, relating to enactment of the Code, as follows:
"1-1-1. (a) The statutory portion of the codification of Georgia laws prepared by the Code Revision Commission and the Michie Company pursuant to a contract entered into on June 19, 1978, is enacted and shall have the effect of statutes enacted by the General Assembly of Georgia. The statutory portion and numbering and arrangement of such codification, along with supplementary content determined to be useful to users, shall be published by the state and when so published shall be known and may be cited as the 'Official Code of Georgia Annotated.' (b) The following matter contained in the Official Code of Georgia Annotated, including all supplements and revised volumes thereof, shall be considered enacted by the General Assembly:
(1) Statutory text; and (2) Arrangement and numbering system, including, but not limited to, title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and designations. (c) The following matter contained in the Official Code of Georgia Annotated, including all supplements and revised volumes thereof, shall not be considered enacted by the General Assembly, shall bear no additional weight or effect, and shall not be construed to have the imprimatur of the General Assembly by virtue of such inclusion in the Official Code of Georgia Annotated: (1) Case annotations; (2) Research references, including, but not limited to:
(A) Law reviews; (B) Collateral references to secondary sources; (C) Opinions of the Georgia Attorney General; (D) Advisory opinions of the State Bar; and (E) Cross-references; (3) Captions; (4) Catchlines; (5) Headings; (6) Title and chapter analyses; (7) History lines; (8) Repeal lines; (9) Editorial notes; (10) Amendment notes; (11) Code Commission notes;

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(12) Effective date notes; (13) Tables; (14) User's Guide; (15) General Index; (16) Volume indices; (17) Indices related to local and special laws; (18) Conversion tables; (19) Rules and regulations of state agencies, departments, boards, commissions, or other entities; (20) Material in brackets or parentheses and editorial, delayed effective date, effect of amendment, or other similar notes within the text of a Code section which has been added by the publisher in order to explain or to prevent a misapprehension concerning the contents of the Code section; and (21) Any other matter published in the Official Code of Georgia Annotated which is not included in subsection (b) of this Code section."

SECTION 2.
Said chapter is further amended by revising Code Section 1-1-7, relating to notes and catchlines of Code sections not part of law, as follows:
"1-1-7. Reserved."

SECTION 3. Said chapter is further amended by revising Code Section 1-1-8, relating to references to state law or this Code, as follows:
"1-1-8. (a) Unless otherwise indicated in the context, references in this Code to titles, chapters, articles, parts, subparts, or Code sections shall mean titles, chapters, articles, parts, subparts, or Code sections of this Code. (b) Unless there is an expressed intention to the contrary, any reference in this Code or in any law of this state to another provision of this Code or law of this state shall mean and be construed to refer to such other provision or law as it now or hereafter exists. (c) Any reference in any local or special law of this state to any Act or resolution of the General Assembly or to any title, chapter, section, or other portion of any prior code of this state shall be construed to be a reference to the appropriate title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, or subdivision of the Official Code of Georgia Annotated. (d) Unless otherwise indicated by the context in which it is used, any citation in any public or private document, writing, or other instrument to a law of the State of Georgia which has been codified in the Official Code of Georgia Annotated shall be construed to be a reference to such law as contained in the Official Code of Georgia Annotated.

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(e) Any reference in any Act of the General Assembly or in any other public or private document, writing, or other instrument to 'O.C.G.A.' shall mean and refer to the Official Code of Georgia Annotated published under authority of the State of Georgia. The Official Code of Georgia Annotated published under authority of the State of Georgia may be cited or referred to as 'O.C.G.A.' (f) Nothing in this Code section shall be construed to mean that any matter contained in the Official Code of Georgia Annotated has any force of law or imprimatur of the State of Georgia except as provided for in Code Section 1-1-1."

SECTION 4. Chapter 9 of Title 28 of the Official Code of Georgia Annotated, relating to the Code Revision Commission, is amended by revising Code Section 28-9-3, relating to the powers and duties of the commission generally, as follows:
"28-9-3. The commission is authorized:
(1) To select and contract with a publisher to conduct a revision, codification, or recodification of the Code and laws of Georgia, provided that any such contract requiring the expenditure of state funds shall be contingent upon the General Assembly appropriating the necessary funds therefor; (2) To formulate with the publisher all the details associated with the codification or recodification of the Code and laws of Georgia; (3) To take such action as is necessary to effectuate Code revision; (4) To carry out the functions required of it in any contract entered into between the commission and the publisher; (5) To negotiate and establish the price at which the Code or any volume, replacement volume, pocket part, index, or related material may be sold to governmental or private purchasers, or both; (6) To determine when volumes of the Code may be revised and republished; (7) To adopt and implement a system for arranging, numbering, and designating material within the Code; (8) To adopt rules of style and grammar for use in the Code; (9) To prepare, or provide for the preparation of, and to include in the Code such annotations, historical notes, research references, notes on law review articles, cross-references, summaries of the opinions of the Attorney General of Georgia, editor's notes, Code Revision Commission notes, comments, commentaries, rules and regulations, indexes, tables, and other material as the commission determines to be useful to users of the Code; provided, however, that such supplementary matter included in the Code shall bear no additional weight or effect and shall not be construed to have the imprimatur of the General Assembly by virtue of its inclusion in the Code; (10) To provide for the publication of annotated or unannotated versions of the Code, or both;

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(11) To provide for the publication of volumes containing the Constitution of the United States, the Constitution of the State of Georgia, and an index of local and special laws, general laws of local application, and home rule ordinances; (12) To review, approve, or disapprove the work of the publisher in preparing, supplementing, indexing, or revising state content included in the Code or any volume, pocket part, or portion thereof; provided, however, that the commission shall have no oversight of the work of the publisher in preparing, supplementing, indexing, or revising supplementary content included by the publisher in accordance with the contract between the publisher and the commission; (13) To grant exclusive or nonexclusive publication and sales rights to the Code or portions thereof to the publisher; (14) To grant rights to governmental agencies and others to reprint and distribute portions or excerpts of the Code; (15) To negotiate and grant licenses or rights, on behalf of the state, to use such material upon such terms and conditions as the commission shall determine to be in the best interest of the state; (16) To seek the advice and assistance of members and committees of the State Bar of Georgia, the law schools of the state, the Attorney General or members of his staff, state and local public officials and employees, and others with expertise or interest in the laws of Georgia; (17) To provide for the preparation and introduction of one or more bills to revise, modernize, and correct errors or omissions in the Code or the laws of Georgia or to repeal portions of the Code or laws which have become obsolete, have been declared to be unconstitutional, or have been preempted or superseded by subsequent state or federal laws; (18) To provide for procedures for the implementation or execution of its powers and duties; and (19) To take such other action or exercise such additional powers as may be necessary or convenient to carry out the purposes of this chapter, the duties and powers of the commission, or any contract entered into under this chapter."

SECTION 5. Said chapter is further amended by revising Code Section 28-9-5, relating to publication of the Official Code of Georgia Annotated, authority to make corrections and editorial changes, effect of changes, treatment of multiple amendments, preparation and introduction of legislation reenacting and correcting Code, and effect, as follows:
"28-9-5. (a) The Code Revision Commission shall provide for the publication of the Official Code of Georgia Annotated and any pocket parts, supplements, revised volumes, or recodifications thereof. In compiling, editing, arranging, and preparing the Acts and resolutions of the General Assembly for such publication and without altering the sense,

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meaning, or effect of such Acts and resolutions, the commission is authorized to take any of the following actions with respect to statutory text, arrangement, and numbering:
(1) Correct the spelling of words; (2) Change capitalization for the purpose of uniformity; (3) Correct manifest typographical and grammatical errors; (4) Substitute the proper Code section number, chapter number, or other number or designation for the terms 'this Act,' 'the preceding Code section,' and similar words or phrases; (5) Renumber, redesignate, and rearrange chapters, articles, parts, subparts, Code sections, or any combination or portion thereof; (6) Change cross-reference numbers to agree with renumbered chapters, Code sections, or portions of the Code; (7) Substitute the proper calendar date for 'the effective date of this chapter' and other phrases of similar import; (8) Strike out figures if they are merely a repetition of written words or vice versa, or substitute figures for written words or vice versa for the purpose of uniformity; (9) Correct manifest errors in references to laws; (10) Correct inaccurate references to the titles of officers, the names of departments or other agencies of the state, local governments, or the federal government, and the short titles of other laws and make such other name changes as are necessary to be consistent with the laws currently in effect; (11) Rearrange definitions in alphabetical order; (12) Insert or delete hyphens in words so as to follow correct grammatical usage; (13) Change numerals or symbols to words or vice versa for purposes of uniformity and style; (14) Change nouns from the singular to the plural or vice versa for purposes of style and grammar; and (15) Change punctuation for purposes of uniformity and consistency of style. Any change or correction made by the Code Revision Commission pursuant to its authority under this subsection shall not become the law of the State of Georgia if such change or correction results in an alteration of the meaning, sense, or effect of the Acts and resolutions of the General Assembly, even though such change or correction may have been included in a pocket part, supplement, or revised volume of the Official Code of Georgia Annotated which has been reenacted by a bill authorized by subsection (c) of this Code section. (b) For purposes of publishing volumes, replacement volumes, and supplements to the Official Code of Georgia Annotated pursuant to this chapter: legislation enacted at the same session of the General Assembly and amending the same statutory provision shall be considered in pari materia, and full effect shall be given to each if that is possible; Acts enacted during the same session shall be treated as conflicting with each other only to the extent that they cannot be given effect simultaneously; in the event of such a conflict, the

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latest enactment, as determined by the order in which bills became Acts with or without the approval of the Governor, shall control to the extent of the conflict unless the latest enactment contains a provision expressly ceding control in such an event; and language carried forward unchanged in one amendatory Act shall not be read as conflicting with changed language contained in another Act passed during the same session. (c) The Code Revision Commission shall prepare and have introduced at each regular session of the General Assembly one or more bills to reenact and make corrections in the Official Code of Georgia Annotated, portions thereof, and the laws as contained in the Code and any pocket part, supplements, and revised volumes thereof. Except as otherwise provided by general law, such reenactment of the Official Code of Georgia Annotated shall have the effect of adopting and giving force and effect of law to all the statutory text and numbering as contained in such volumes, pocket parts, and supplements, including but not limited to provisions as published therein in accordance with subsections (a) and (b) of this Code section."

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

Approved May 10, 2021.

__________

OFFICIAL CODE OF GEORGIA ANNOTATED REVISE, MODERNIZE, CORRECT ERRORS OR OMISSIONS IN,
AND REENACT STATUTORY PORTION.

No. 307 (House Bill No. 497).

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.

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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 2-12-11, relating to distribution of adulterated fertilizer prohibited, in paragraph (4), by replacing "40 CFR 503.9" with "40 C.F.R. 503.9". (2) Code Section 2-12-20, relating to notice of violations, administrative hearings, penalty for violations, and prosecution, in subsections (e) and (f), by replacing "40 CFR 503.9" with "40 C.F.R 503.9" each time the term appears. (3) Code Section 2-12-75, relating to inspection fees and semiannual reporting, in subsection (b), by replacing "ten percent" with "10 percent".

SECTION 3. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended in: (1) Code Section 3-3-7, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, in paragraphs (j.2)(1) and (j.3)(1), by replacing "in which governing authority" with "in which the governing authority".

Reserved.

SECTION 4.

Reserved.

SECTION 5.

Reserved.

SECTION 6.

Reserved.

SECTION 7.

Reserved.

SECTION 8.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 9. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended in: (1) Code Section 9-13-172.1, relating to defining "eligible sale", recision of sale, and damages, in subsection (b), by replacing "recision" with "rescission" both times the term appears.

SECTION 10. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended in: (1) Code Section 10-1-641, relating to dealer's predelivery preparation, warranty service, and recall work obligations to be provided in writing, recovery of costs, and defining "stop-sale", in paragraph (d)(3), by replacing "third party guide" with "third-party guide".

Reserved.

SECTION 11.

SECTION 12. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended in: (1) Code Section 12-2-2, relating to Environmental Protection Division, Environmental Advisory Council, duties of council and its members and director, general appeal procedures, permit applications, and inspections, in subparagraph (c)(1)(A), by replacing "Internet" with "internet". (2) Code Section 12-3-58, relating to powers, duties, and authority of the Department of Community Affairs and historic preservation grant programs, in paragraph (e)(2), by replacing "commissioner of the Department of Community Affairs decision" with "commissioner's decision". (3) Code Section 12-4-46, relating to drilling permits, in subsections (b) and (d), by replacing "e-mail" with "email". (4) Code Section 12-6-24, relating to notice of timber harvesting operations, standing timber notification website, rules and regulations, and bonds and letters of credit, in paragraph (b)(2), by replacing "e-mail" with "email". (5) Code Section 12-7-3, relating to definitions regarding control of soil erosion and sedimentation, in paragraph (10), by replacing "Said term" with "Such term". (6) Code Section 12-7-8, relating to certification of locality as local issuing authority, periodic review, procedure for revoking certification, and enforcement actions, in paragraph (a)(4), by replacing the paragraph (4) designation with the subparagraph designation of "(4)(A)", by replacing the division (i) designation with the subparagraph designation of "(B)", and by replacing the division (ii) designation with the subparagraph designation of "(C)".

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(7) Article 2 of Chapter 10, relating to the Southern Growth Policies Agreement, by repealing and reserving said article.

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 15-9-60, relating to fees regarding probate court costs and compensation, in subparagraphs (f)(2)(B) through (f)(2)(H), by deleting "$" at the beginning of each monetary fee amount, in subsection (k), in paragraphs (11) and (12), by replacing "30" with "30.00", in paragraph (13), by replacing "6" with "6.00", in paragraph (14.1), by replacing "40" with "40.00", in paragraphs (15), (21), and (22), by replacing "15" with "15.00", in paragraphs (18), (19), (20), (23), (24), (25), (26), and (28) by replacing "10" with "10.00", and in paragraph (29), by replacing "2" with "2.00". (2) Chapter 22, which is repealed, by designating said chapter as reserved.

SECTION 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in: (1) Code Section 16-11-90, relating to prohibition on nude or sexually explicit electronic transmissions, at the end of subsection (b), by replacing "47 U.S.C. 230(f)(2)" with "47 U.S.C. Section 230(f)(2)" and by replacing "47 U.S.C. 153" with "47 U.S.C. Section 153". (2) Code Section 16-12-171, relating to prohibited acts regarding sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, in paragraph (c)(1), by inserting a comma following "subsection". (3) Code Section 16-13-71, relating to "dangerous drug" defined, in paragraph (c)(13), by replacing "(4 precent)" with "(4 percent)", in subparagraph (c)(14.25)(A), by replacing "1 mg. l. of naloxone" with "1 mg./ml. of naloxone", and in subparagraphs (c)(14.25)(C) and (c)(14.25)(D), by replacing "0.4 mg. l. of naloxone" with "0.4 mg./ml. of naloxone".

Reserved.

SECTION 17.

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SECTION 18. Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, is amended in: (1) Code Section 18-4-23, relating to grounds for relief from liability, in subsection (a), by replacing "limited to accuracy" with "limited to the accuracy". (2) Code Section 18-4-70, relating to the required use of garnishment forms, in subsection (b), by replacing "e-mail" with "email". (3) Code Section 18-4-72, relating to affidavit of continuing garnishment, in the form affidavit, under "Plaintiff's contact information:", by replacing "E-mail Address" with "Email Address". (4) Code Section 18-4-73, relating to affidavit of continuing garnishment for support, in the form affidavit, under "Plaintiff's contact information:", by replacing "E-mail Address" with "Email Address". (5) Code Section 18-4-74, relating to summons of garnishment, in the summons of garnishment form, under "Plaintiff's contact information:", by replacing "E-mail Address" with "Email Address". (6) Code Section 18-4-76, relating to summons of garnishment on financial institution, in the summons of garnishment form, under "Plaintiff's contact information:", by replacing "E-mail Address" with "Email Address". (7) Code Section 18-4-78, relating to summons of continuing garnishment, in the summons of continuing garnishment form, under "Plaintiff's contact information:", by replacing "E-mail Address" with "Email Address". (8) Code Section 18-4-80, relating to summons of continuing garnishment for support, in the summons of continuing garnishment for support form, under "Plaintiff's contact information:", by replacing "E-mail Address" with "Email Address". (9) Code Section 18-4-82, relating to notice to defendant of right against garnishment of money, including wages, and other property, in the form, under "CERTIFICATE OF SERVICE", by replacing "United States Mail" with "United States mail". (10) Code Section 18-4-84, relating to garnishee answer, in the form, under "CERTIFICATE OF SERVICE", by replacing "United States Mail" with "United States mail". (11) Code Section 18-4-85, relating to financial institution garnishee answer, in the form, under "CERTIFICATE OF SERVICE", by replacing "United States Mail" with "United States mail". (12) Code Section 18-4-86, relating to garnishee answer to continuing garnishment, in the form, under "CERTIFICATE OF SERVICE", by replacing "United States Mail" with "United States mail". (13) Code Section 18-4-87, relating to garnishment form for plaintiff's traverse, in the form, under "CERTIFICATE OF SERVICE", by replacing "United States Mail" with "United States mail".

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SECTION 19. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in: (1) Code Section 19-9-3, relating to the establishment and review of child custody and visitation, in subparagraph (i)(6)(B), by replacing "e-mail" with "email" and by replacing "Internet" with "internet", in paragraph (i)(10), by replacing "e-mail" with "email", and in paragraph (i)(13), by replacing "Internet" with "internet".

SECTION 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in: (1) Code Section 20-1A-4, relating to powers and duties of the Department of Early Care and Learning, in paragraph (9), by replacing "in writing and a copy" with "in writing, and a copy". (2) 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, in the introductory language of subparagraph (c)(4)(B), by replacing "educa?tion" with "education". (3) Code Section 20-3-86, which is repealed effective June 30, 2021, by designating said Code section as reserved. (4) Code Section 20-4-21.1, which is repealed effective June 30, 2021, by designating said Code section as reserved.

Reserved.

SECTION 21.

Reserved.

SECTION 22.

Reserved.

SECTION 23.

Reserved.

SECTION 24.

SECTION 25. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended in: (1) Code Section 25-4-12, relating to applicability of the "Georgia Firefighter Standards and Training Act," by replacing "Except as otherwise provided in Article 2, nothing in this chapter" with "Nothing in this chapter".

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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 27-1-39, relating to rules and regulations used to establish criminal violations, by replacing the single quotation marks with double quotation marks at the beginning and end of the phrase "rules and regulations".

Reserved.

SECTION 28.

Reserved.

SECTION 29.

Reserved.

SECTION 30.

SECTION 31. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in: (1) Code Section 31-2-8, relating to actions against certain applicants or licensees, in subparagraph (c)(6)(B), by replacing "of long-term care facility" with "of a long-term care facility" and by replacing the single quotation marks with double quotation marks at the beginning and end of the phrase "serious physical harm". (2) Code Section 31-17-3, relating to examination and treatment by health authorities, by replacing "with sexually transmitted disease" with "with a sexually transmitted disease" each time the phrase appears. (3) Code Section 31-17A-4, relating to pilot program for HIV preexposure prophylaxis drug assistance or services, in subsection (e), by replacing "state-wide" with "state wide". (4) Chapter 51, which is repealed, by designating said chapter as reserved.

SECTION 32. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended in: (1) 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, in paragraph (a)(1.1), by replacing "State Transportation Board" with "board" both times the phrase appears. (2) Code Section 32-9-21, which is repealed, by designating said Code section as reserved. (3) Code Section 32-9-22, which is repealed, by designating said Code section as reserved.

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(4) Code Section 32-9-23, in subsection (b), which is repealed, by designating said subsection as reserved. (5) Code Section 32-10-76, relating to grant programs, street car transportation pilot program formation, and requirements, which will be redesignated on July 1, 2021, as Code Section 50-39-53, by designating former Code Section 32-10-76 as reserved, effective July 1, 2021.

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 undesignated text at the end of subsection (a) and in subsection (c), by replacing "five years imprisonment" with "five years' imprisonment" and in subsection (b), by replacing "ten years imprisonment" with "ten years' imprisonment". (2) Code Section 33-7-14, relating to reinsurance of risks, in subdivision (a)(6)(A)(i)(I), by replacing " 313 and 314," with "Sections 313 and 314,". (3) Code Section 33-24-59.27, relating to right to shop for insurance coverage, disclosure of pricing information, and notice, in paragraph (b)(7), by replacing "heath" with "health". (4) Code Section 33-29A-32, relating to Commissioner to authorize insurers to offer individual accident and sickness insurance policies in Georgia that have been approved for issuance in other states, by replacing "filing and issuance" with "filing and issuing".

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 35-3-37, relating to the review of individual's criminal history record information, definitions, privacy considerations, written applications requesting review, and inspection, in the middle of paragraph (a)(5), by replacing the single quotation marks with double quotation marks at the beginning and end of the term "prosecuting attorney", in subparagraph (h)(2)(B), by replacing "Code Section 16-13-2, or" with "Code Section 16-13-2 or", and in subparagraph (h)(2)(C), by replacing "Code Section 3-3-23.1, or" with "Code Section 3-3-23.1 or".

Reserved.

SECTION 36.

Reserved.

SECTION 37.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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 40-1-8, relating to safe operations of motor carriers, commercial motor vehicles, and drivers, safe transportation of hazardous materials, and penalties, in paragraph (c)(1), by replacing "Internet site" with "website". (2) Code Section 40-2-27, relating to registration of motor vehicles not manufactured to comply with federal emission and safety standards, certificates of registration for an assembled motor vehicle or motorcycle or a converted motor vehicle, and former military motor vehicles, in paragraph (d)(2), by replacing "Code Section 40-3-30.1" with "such Code section". (3) Code Section 40-2-38, relating to registration and licensing of manufacturers, distributors, and dealers and issuance of manufacturer, distributor, and dealer plates, in subparagraph (a)(4)(A), by replacing "manufacturer headquarters plates" with "manufacturer headquarters' license plates", in subparagraph (a)(4)(A), division (a)(4)(B)(ii), and the introductory language of subparagraph (a)(4)(E), by replacing "manufacturer headquarters license plates" with "manufacturer headquarters' license plates", and in subparagraph (a)(4)(C) and the introductory language of subparagraph (a)(4)(D), by replacing "manufacturer headquarters license plate" with "manufacturer headquarters' license plate" each time the phrase appears. (4) Code Section 40-6-303, relating to location of operation, age limitations, and required safety equipment for electric assisted bicycles, in subsection (b), by deleting "years of age".

Reserved.

SECTION 41.

SECTION 42. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in: (1) Code Section 42-8-35, relating to terms and conditions of probation and supervision, in paragraph (b)(2), by replacing "e-mail" with "email" and by replacing "Internet" with "internet" and in paragraph (b)(3), by replacing "Internet" with "internet". (2) Code Section 42-8-102, relating to probation and supervision, determination of fees, fines, and restitution, converting moneys owed to community service or educational

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advancement, continuing jurisdiction, revocation, and transfer, in division (f)(3)(A)(ii), by replacing "e-mail" with "email" both times the term appears. (3) Code Section 42-8-105, relating to probationer's obligation to keep officer informed of certain information, tolling for failure to meet certain obligations, and procedure, in subsection (a) and subparagraph (b)(1)(B), by replacing "e-mail" with "email" each time the term appears. (4) Code Section 42-9-43, relating to information to be considered by Board of Corrections generally, conduct of investigation and examination, and determination as to grant of relief, in paragraphs (d)(1) and (d)(2), by replacing "e-mail" with "email". (5) Code Section 42-9-46, relating to cases in which inmate has failed to serve time required for automatic initial consideration and objections, by replacing "e-mail" with "email". (6) Code Section 42-9-47, relating to notification of decision to parole inmate, by replacing "e-mailed" with "emailed".

SECTION 43. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in: (1) Code Section 43-14-8, relating to licensing required for electrical, plumbing, or conditioned air contracting, businesses conducted by partnerships, limited liability companies, and corporations, applications, and review courses, in subsection (j), by replacing "which form shall show" with "showing". (2) Code Section 43-14-16, which is repealed and reserved, by deleting the reserved designation. (3) Code Section 43-26-3, relating to definitions regarding the "Georgia Registered Professional Nurse Practice Act," in paragraph (6), by replacing "counseling; the" with "counseling; and the" and by replacing "or a dentist" with "a dentist". (4) Code Section 43-34-25, relating to delegation of certain medical acts to advanced practice registered nurse, construction and limitations of such delegation, definitions, conditions of nurse protocol, and issuance of prescription drug orders, in paragraph (g.1)(1), by replacing "evidence-based" with "evidence based" and in paragraphs (g.1)(3) and (g.1)(4), by replacing "onsite" with "on site". (5) Code Section 43-34-26.1, relating to vaccine protocol agreements, in paragraph (d)(14) and in the undesignated text at the end of paragraph (d)(16), by replacing "onsite" with "on site". (6) Code Section 43-34-103, relating to application for licensure as a physician assistant, authorized delegated authority, and prohibited acts, in paragraph (b)(1), by replacing "paragraphs (3) or (4)" with "paragraph (3) or (4)". (7) Code Section 43-34-283, relating to licensure requirements for pain management clinics, in subsection (g), by replacing "onsite" with "on site" both times the term appears. (8) Code Section 43-41-19, which is repealed and reserved, by deleting the reserved designation.

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(9) Code Section 43-46A-1, relating to definitions regarding trauma scene waste management practitioners, in subparagraph (3)(C), by inserting a comma following "cuts".

SECTION 44. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in: (1) Code Section 44-12-211.1, relating to excess funds from sale of abandoned motor vehicle, claim for funds, and definitions, in paragraph (b)(2), by inserting a comma following "motor vehicle" and by replacing "six month period" with "six-month period". (2) Code Section 44-14-473, relating to effect of covenant not to bring an action, action to enforce lien, limitation, and affidavit of payment, in subsection (b), by replacing "Code Section 44-4-471" with "Code Section 44-14-471".

Reserved.

SECTION 45.

SECTION 46. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended in: (1) Code Section 46-5-251, relating to limitations on the authority of Public Service Commission, in subsection (a), paragraphs (b)(2) and (b)(3), and subsection (c), by replacing "Public Service Commission" with "commission". (2) Code Section 46-5-252, relating to prohibition against passing cost of compliance on to consumers, by replacing "Public Service Commission" with "commission" both times the term appears.

Reserved.

SECTION 47.

SECTION 48. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in: (1) Code Section 48-5-311, relating to creation of county boards of equalization, duties, review of assessments, and appeals, in subparagraphs (e)(2)(A) and (e)(2)(C), paragraph (e.1)(4), subparagraph (f)(3)(A), and paragraph (g)(2), by replacing "e-mailing" with "emailing" and in subsections (n) and (o), by replacing "e-mail" with "email" each time the term appears. (2) Code Section 48-7-40.2, relating to tax credits for existing manufacturing and telecommunications facilities in tier 1 counties and conditions and limitations, in paragraph (a)(3), by inserting a comma following "including". (3) Code Section 48-8-3, relating to exemptions regarding state sales and use tax, in paragraph (33.1), which is reserved, by deleting said paragraph.

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(4) Code Section 48-8-19, relating to exemption of jet fuel from certain taxes and regulatory authority, in paragraph (a)(3), by replacing "compared to" with "compared with". (5) Code Section 48-11-4, relating to licensing of persons engaged in tobacco and vaping businesses, initial and annual fees, suspension and revocation, registration and inspection of vending machines, bond by distributor, jurisdiction, and licensing of promotional activities, in paragraph (c)(5), by inserting a comma following "including". (6) Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, in the undesignated text at the end of paragraph (a)(3.1), by replacing "facilities including but not limited to" with "facilities, including, but not limited to," and by replacing "shall mean" with "means", in the undesignated text at the end of paragraph (a)(4.1), by replacing "facility including but not limited to" with "facility, including, but not limited to," and by replacing "shall mean" with "means", in the undesignated text at the end of subparagraph (a)(4.6)(A), by replacing "facility including, but not limited to," with "facility, including, but not limited to," and by replacing "shall mean" with "means", and in subparagraph (a)(7)(A), by replacing "stadium including but not limited to" with "stadium, including, but not limited to,".

SECTION 49. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended in: (1) Code Section 49-5-8.1, relating to short-term babysitting of child in foster care and reasonable and prudent parent standard, in subsection (b), by replacing "age 18" with "18 years of age". (2) Article 9 of Chapter 5 of Title 49, which is repealed, by designating said article as reserved.

SECTION 50. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in: (1) Code Section 50-3-1, relating to description of state flag, militia to carry flag, defacing public monuments, and obstruction and relocation of monuments, in subsection (a), by replacing "Great Seal of the State of Georgia" with "great seal of the State of Georgia". (2) Code Section 50-18-71, relating to right of access, timing, fees, denial of requests, and impact of electronic records, in paragraph (b)(2) and subsection (g), by replacing "e-mail" with "email" each time the term appears. (3) Code Section 50-18-72, relating to when public disclosure not required, in paragraph (a)(19), subparagraph (a)(22)(B), and paragraph (a)(30), by replacing "e-mail" with "email" and in subparagraph (a)(20)(A), by replacing "e-mail" with "email" and by replacing "Internet" with "internet". (4) Code Section 50-25-4, relating to general powers of the Georgia Technology Authority, in paragraph (a)(22), by replacing "Internet" with "internet".

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(5) Code Section 50-27-102, relating to role of the Georgia Lottery Corporation, implementation and certification, separation of funds and accounting, and disputes, in paragraph (d)(2), by replacing "e-mail" with "email" both times the term appears. (6) Code Section 50-40-1, relating to definitions regarding promotion and deployment of broadband services, in subparagraph (2)(A), by replacing "Internet" with "internet". (7) Code Section 50-40-60, relating to "broadband services" defined, by replacing "Internet" with "internet".

SECTION 51. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended in: (1) Code Section 51-16-1, relating to definitions regarding COVID-19 pandemic business safety, in paragraph (8), by replacing "including but not limited to" with "including, but not limited to,". (2) Code Section 51-16-3, relating to rebuttable presumption of assumption of risk relating to premises of individuals or entities, in paragraph (a)(1), by replacing "including but not limited to" with "including, but not limited to,".

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 52-7-71, relating to removal and storage of vessels and procedure, in subsection (h), which is repealed, by designating said subsection as reserved.

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 53-7-13, relating to service of notice, writ, or process, in subsection (b), by replacing "removes" with "remove". (2) Code Section 53-7-41, relating to notice for creditors to render accounts, notification of creditors' claims, requirement of reasonable additional proof or accounting, and failure of creditors to give notice of claims, in subsection (d), by replacing "timely to notify" with "to timely notify". (3) Code Section 53-11-9, relating to issuance of citation upon filing of petition, contents, meaning, definitions, and caveat or objection, at the beginning of paragraphs (c)(1), (c)(2), and (c)(3), by replacing "The term" with "The terms". (4) Code Section 53-12-501, relating to application of article and construction of trust instrument, in subparagraph (b)(5)(B), by replacing "power must be held" with "power is held".

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SECTION 54. (a) In accordance with subsection (c) of Code Section 28-9-5, the following portions included in the Official Code of Georgia Annotated published under authority of the state by LEXIS Publishing, including all 2020 supplements and revised volumes thereof, are hereby reenacted and such reenactment shall have the effect of adopting and giving force and effect of law to the following portions as contained in such volumes and supplements:
(1) Statutory text; and (2) Arrangement and numbering system, including, but not limited to, title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and designations. (b) The following portions included in the Official Code of Georgia Annotated published under authority of the state by LEXIS Publishing, including all 2020 supplements and revised volumes thereof, are specifically not enacted or reenacted, have no binding authority, bear no weight or effect, and shall not be construed to have the imprimatur of the General Assembly or the State of Georgia: (1) Case annotations; (2) Research references, including, but not limited to:
(A) Law reviews; (B) Collateral references to secondary sources; (C) Opinions of the Georgia Attorney General; (D) Advisory opinions of the State Bar; and (E) Cross-references; (3) Captions; (4) Catchlines; (5) Headings; (6) Title and chapter analyses; (7) History lines; (8) Repeal lines; (9) Editorial notes; (10) Amendment notes; (11) Code Commission notes; (12) Effective date notes; (13) Tables; (14) User's Guide; (15) General Index; (16) Volume indices; (17) Indices related to local and special laws; (18) Conversion tables; (19) The United States Constitution; (20) The Georgia Constitution;

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(21) Rules and regulations of state agencies, departments, boards, commissions, or other entities; (22) Material in brackets or parentheses and editorial, delayed effective date, effect of amendment, or other similar notes within the text of a Code section which has been added by the publisher in order to explain or to prevent a misapprehension concerning the contents of the Code section; and (23) Any other matter published in the Official Code of Georgia Annotated which is not included in subsection (a) of this Section. (c) The reenactment of the portions 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 2020 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 2021 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 May 10, 2021.

RESOLUTIONS OF THE
GENERAL ASSEMBLY OF THE
STATE OF GEORGIA PROPOSING AMENDMENTS
TO THE CONSTITUTION
OF THE STATE OF GEORGIA

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CONSTITUTIONAL AMENDMENT SUSPENSION OF COMPENSATION FOR CERTAIN PUBLIC OFFICERS WHO ARE SUSPENDED BECAUSE OF INDICTMENT FOR A FELONY.

No. 304 (Senate Resolution No. 134).

A RESOLUTION

Proposing an amendment to the Constitution of the State of Georgia so as to provide for the suspension of compensation for certain public officers who are suspended because of indictment for a felony; 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 II, Section III of the Constitution is amended by revising Paragraph I as follows:
"Paragraph I. Procedures for and effect of suspending or removing public officials upon felony indictment. (a) As used in this Paragraph, the term 'public official' means the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the State School Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, the Commissioner of Labor, and any member of the General Assembly.
(b) Upon indictment for a felony by a grand jury of this state or by the United States, which felony indictment relates to the performance or activities of the office of any public official, the Attorney General or district attorney shall transmit a certified copy of the indictment to the Governor or, if the indicted public official is the Governor, to the Lieutenant Governor who shall, subject to subparagraph (d) of this Paragraph, appoint a review commission. If the indicted public official is the Governor, the commission shall be composed of the Attorney General, the Secretary of State, the State School Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of Labor. If the indicted public official is the Attorney General, the commission shall be composed of three other public officials who are not members of the General Assembly. If the indicted public official is not the Governor, the Attorney General, or a member of the General Assembly, the commission shall be composed of the Attorney General and two other public officials who are not members of the General Assembly. If the indicted public official is a member of the General Assembly, the commission shall be composed of the Attorney General and one member of the Senate and one member of the House of Representatives. If the Attorney General brings the indictment against the public official, the Attorney General shall not serve on the commission. In place of the Attorney General, the Governor shall appoint a retired Supreme Court Justice or a retired Court of Appeals Judge. The commission shall provide for a speedy hearing, including notice of the

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nature and cause of the hearing, process for obtaining witnesses, and the assistance of counsel. Unless a longer period of time is granted by the appointing authority, the commission shall make a written report within 14 days. If the commission determines that the indictment relates to and adversely affects the administration of the office of the indicted public official and that the rights and interests of the public are adversely affected thereby, the Governor or, if the Governor is the indicted public official, the Lieutenant Governor shall suspend the public official immediately and without further action pending the final disposition of the case or until the expiration of the officer's term of office, whichever occurs first. During the term of office to which such officer was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the officer shall be immediately reinstated to the office from which he was suspended. While a public official is suspended under this Paragraph, the officer shall not be entitled to receive the compensation from his or her office. If the officer is reinstated to office, he or she shall be entitled to receive any compensation withheld under the provisions of this Paragraph.
(c) Unless the Governor is the public officer under suspension, for the duration of any suspension under this Paragraph, the Governor shall appoint a replacement officer except in the case of a member of the General Assembly. If the Governor is the public officer under suspension, the provisions of Article V, Section I, Paragraph V of this Constitution shall apply as if the Governor were temporarily disabled. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof.
(d) No commission shall be appointed for a period of 14 days from the day the indictment is received. This period of time may be extended by the Governor. During this period of time, the indicted public official may, in writing, authorize the Governor or, if the Governor is the indicted public official, the Lieutenant Governor to suspend him or her from office. Any such voluntary suspension shall be subject to the same conditions for review, reinstatement, or declaration of vacancy as are provided in this Paragraph for a nonvoluntary suspension.
(e) After any suspension is imposed under this Paragraph, the suspended public official may petition the appointing authority for a review. The Governor or, if the indicted public official is the Governor, the Lieutenant Governor may reappoint the commission to review the suspension. The commission shall make a written report within 14 days. If the commission recommends that the public official be reinstated, he or she shall immediately be reinstated to office.
(f) The report and records of the commission and the fact that the public official has or has not been suspended shall not be admissible in evidence in any court for any purpose. The report and record of the commission shall not be open to the public.
(g) The provisions of this Paragraph shall not apply to any indictment handed down prior to January 1, 1985.

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(h) If a public official who is suspended from office under the provisions of this Paragraph is not first tried at the next regular or special term following the indictment, the suspension shall be terminated and the public official shall be reinstated to office. The public official shall not be reinstated under this subparagraph if he or she is not so tried based on a continuance granted upon a motion made only by the defendant."

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 suspend the

( ) NO

compensation of the Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, or any member of the General Assembly while such individual is suspended from office following indictment for a felony?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes."

All persons desiring to vote against ratifying the proposed amendment shall vote "No." If

such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall

become a part of the Constitution of this state.

Approved May 10, 2021.

Locations